Christian Faithful Questions (Hastings Notes) Flashcards Preview

Canon Law > Christian Faithful Questions (Hastings Notes) > Flashcards

Flashcards in Christian Faithful Questions (Hastings Notes) Deck (25)
Loading flashcards...

1) Where is the teaching of Vatican II present in Book II, Titles 1, 2, 5?

• There was a shift from a hierarchical model of the Church to the model of the Church as the People of God
• All belong to the people of God, though in varying capacities
• All have the triple function of priest, prophet and king
• In the third schema of LG was introduced the universal call to holiness
• All are called to holiness in their own way (vocation)
• Communion among all the faithful is established in baptism
• There is thus a radical equality among all the baptised
• All the faithful participate in the mission of the church in their own way: they are called to service and to build up the body of Christ
The Church and the World
• Vatican Ii influenced the way the Church relates to the world
• Two ways to see the world
1. The world as all that is at enmity with God
2. The world as given by the Father for salvation
• However, you can’t separate the work of creation from the work of redemption
• The Incarnation perfects creation
• Because of the Incarnation, secularity is a ‘theological concept’
• Baptism brings about not a separation from the world, but a distinction that can be made: the Christian is in the world but not of the world
• The two big Vatican II concepts rediscovered (wrt to this course) are:
1. The category of the People of God
 LG says that God wants to save man not as individuals and without a bond among them, but wants to constitute them as a People (LG 9)
 The call of God is not strictly speaking personal, but happens in a people
2. That of the world
• The terms “Church” and “People of God” are complementary and interchangeable
The Process of Formation of Book II (The People of God)
• Book Ii of the CIC/83 is the best attempt to put the conciliar ecclesiology into canonical language (especially LG, GS, and AA)
• Main points from Council to Code
o The doctrine that presents the Church as the people of God and the authority as service
o The doctrine that sees the Church as communion, and thus determines the relation between the particular church and the universal church, between collegiality and primacy
o The doctrine by which all the members of the people of God participate in the world in their own way in the triple function of priest, prophet and king
o The doctrine regarding the rights of the faithful, in particular the lay faithful
o The commitment of the Church to ecumenism
4.1 Historical introduction
• The reform of the CIC was the other major undertaking after the Council


The Second Vatican Council and the CIC/83
• VII explicitly affirmed the right of association in the Church (AA 18a)
• Each Christian can have a part of the apostolic mission of the Church in collaboration with others
• PO 8c affirms the fraternal cooperation of priests
• Christifideles Laici, 29 , also reaffirms the right to association
• The new Code, in c. 215 , explicitly establishes the right of the Christian faithful to association


2) Describe the difference between 1917’s Book on Persons and 1983’s Book II on the People of God.

1917: -considered the Church as a society of unequal subjects
-the point of view was the identification of the authority of the Church as the Church, and not the community or individual baptized
-the role of the faithful was spiritual help received from the hierarchy and obedience and discipline
-active element: teaching and governing clergy
-passive element: learning and obedient laity
-all established by positive divine law

1983: -change in identity of the protagonist-subject of the code
-the theological and juridic notion of the faithful is nether lay nor clerical, but prior to both
-there is a mutality -


3) [204] When do you become a person in the law of the church? In law, what does it mean to be a person? What about juridic persons, de facto associations, the non-baptized and catechumens?

Baptism’s first effect is that it makes a person a person in law.
A person in law is a person who is an actor in the juridic world.
This gives juridic capacity, i.e., to the be the subject of rights and duties.
The unbaptized are not juridic persons.
Catechumens are not juridic persons, but they have some relationship with the Church.
The Church “ha una cura particolare dei catecumeni.”
Catechumens have no rights, but they do have prerogatives. (1170) Blessings. (1183) exequies.


4) Can. 207 describe distinctions within the Christian faithful. Are these functional distictions? Why and why not?

In one sense: yes. There is a diversity of vocations or conditions within the Church. At the same time, there is a shared goal, i.e., the edification of the Body of Christ.

LG10b: “Though they differ from one another in essence and not only in degree, the common priesthood of the faithful and the ministerial or hierarchical priesthood are nonetheless interrelated: each of them in its own special way is a participation in the one priesthood of Christ.”

In another sense, this is not only a distinction of hierarchical function, as there are those who differ in vocation, but also condition (i.e., evang. Counsels)


5) Describe the juridic status of a baptized non-Catholic.

Bonnet: “by virtue of the sacrament they are in some way incorporated into the Church but lack the full elements of communion, membership in the community, participation in the Sacraments, and fullness of the Faith”


6) How does communion relate to the exercise of duties and rights in the church?

First of all, communion is the first obligation of each member of the faithful. So, no action that harms communion can be considered legitimate.
-c. 213 explains the right to receive spiritual goods from the Church
-communion is a right to the faith, hierarchical structure, and means of salvation
-to live in communion is the only truly fundamental right-duty which summarizes and synthesizes all others
-communion is the criterion of exercise and limit of all the rights of the faithful


7) Define: common good.[223]

-The complex of objective circumstances in which individuals and groups seek out the essential ends of the proper nature of a thing
o DH 6a: “Since the common welfare of society consists in the entirety of those conditions of social life under which men enjoy the possibility of achieving their own perfection in a certain fullness of measure and also with some relative ease, it chiefly consists in the protection of the rights, and in the performance of the duties, of the human person.”
o GS 26a: “the common good […] is the sum of those conditions of social life which allow social groups and their individual members relatively complete and ready access to their own fulfillment.” (Also CCC 1924 cites this)
o “Sacra Disciplinae LEgis” In actual fact the Code of Canon Law is extremely necessary for the Church. Since, indeed, it is organized as a social and visible structure, it must also have norms: in order that its hierarchical and organic structure be visible; in order that the exercise of the functions divinely entrusted to her, especially that of sacred power and of the administration of the sacraments, may be adequately organized; in order that the mutual relations of the faithful may be regulated according to justice based upon charity, with the rights of individuals guaranteed and well defined; in order, finally, that common initiatives, undertaken for a Christian life ever more perfect may be sustained, strengthened and fostered by canonical norms.


8) What are the bonds of communion in the church? Relate the bonds of communion in the church to the ideas of sacramentum tantum, res et sacramentum, res (sacramenti) tantum? [205]

-sacramentum tantum: this is the “sacrament alone,” the thing that is seen. IN this case, we see the Church.
-res et sacramentum: this is the reality that is behind the “sacrament alone,” the thing that is not seen. In this case, it is the salvific operation of Christ in the Church
-res tantum: this is the “thing along,” the effect of the above. In this case, it is the divine love of the M.H. Trinity communicated to man. (Asti calls this “res sacramenti”.)
By analogy, in Baptism, these are: water, words and pouring; indelible character; effects of the sacrament

Two big ideas: incorporation and communion. Incorporation happens via grace and the bonds that are effected are faith, sacraments and governance.This leads to communion, which is spiritual and visible.


9) How are all the Christian faithful equal? What are the juridic consequences of this equality? [208]

-equality is not uniformity
-diversity is not disorganized plurality
-equality is the first juridic consequence of Baptism
LG 32: If therefore in the Church everyone does not proceed by the same path, nevertheless all are called to sanctity and have received an equal privilege of faith through the justice of God.(194) And if by the will of Christ some are made teachers, pastors and dispensers of mysteries on behalf of others, yet all share a true equality with regard to the dignity and to the activity common to all the faithful for the building up of the Body of Christ. For the distinction which the Lord made between sacred ministers and the rest of the People of God bears within it a certain union, since pastors and the other faithful are bound to each other by a mutual need.


1) What is a duty? What is a right? How are they related?

Duty: an obligation based on a right (mine or another’s) to give or preserve goods that are needed for their end
-something that is due
Right: A need that One needs others to respect or it will be lost
-something that is owed

Every right implies a duty: If I say that I have a right, someone has to give it to me
Every duty implies a right: If I have duty, it is to fulfill someone’s right


2) Choose three of the rights and obligations listed in cann. 208-231. For each one chosen, find three canons not in can. 208-231 that are connected to the right or obligation. Explain each connection.

756.1: The office of preaching the Gospel to the universal Church is for the Roman Pontiff and the College of Bishops
757: But, priests do it, too. This task is especially important for parish priests and pastors of souls.
1136: Don’t forget parents!

530: duties of the parish priest. This is connected because every right implies a duty.
867.1: Parents ought o present child for Baptism within the first few weeks.
919.1: Gives conditions to this right, i.e., the fast

1026: Still, the right to a vocation has requirements.
643.1, .4: The novitiate has its requirements, too.
656.4: The right is free, so force or fear vitiate validity of temporary vows


3) Choose three of the rights and obligations listed in cann. 208-231. Explain how cann. 209 and 223 affect the exercises of each right in practice.

I think that this is pretty obvious, on a case-by-case basis.


4) What is included in the right of 220? What limits does it have?

Two realities of 220:
-the right to a good reputation
-the right to guard privacy
-people have the right of controlling how info about them is circulated
Within a trial, it can be permissible to ask about private things. Also, sentences do not violate this rite because they follow a process of law and the interest of the community. That said, the following apply:
-judicial authority cannot countenance anonymous accusations
-the accused gets to know the name of his accuser
-people get to defend themselves
-there must always be reason for punishment
-anyone’s whose good name is illegitimately injured has right of recourse
-confessors must act prudently in the confessional
-some false denunciation of a superior can receive latae sententiae interdict or suspension


5) Who has the right in 218? What are the conditions for its exercise?

• Recognizes the freedom of research in the sacred disciplines as well as to express their own opinion in what they study
• GS 62f is the font for this canon
• Note that this right is accorded only to those engaged in the sacred disciplines
• There are three conditions:
1. The research and opinions must only be in debatable areas, not in areas on which the Magisterium has already pronounced
2. The research and opinions must not damage the rights of others
3. They must make use of the proper mode of expression, for instance, by publishing their own thoughts as such in specialized reviews or congresses of experts, not just in the common means of social communication


6) Define: the principle of legality, Canonical equity. How to these two principles interact in can. 221§§2-3. (Easy to reason through this.)

Legality: the public ecclesiastical authority in the exercise of its proper functions, must respect the law, in such a way that any emanated acts are legitimate
Equity: the application of law to all in a just way

nulla poena sine lege: the law must construe according to the law

Regulae Juris: Non debet aliquis alterius odio praegravari. = 22. No one must be judged unfavorably because someone hates him. (In judicial procedure emotional prejudice must be excluded.)


7) Who are the lay faithful? Why is marriage a lay vocation?

-There is no definition beyond 207, which distinguishes between clerics and laity
-But, they are part of the Christifideles
Components of Identity:
1. The Church as Sacrament
-LG 1: Since the Church is in Christ like a sacrament or as a sign and instrument both of a very closely knit union with God and of the unity of the whole human race, it desires now to unfold more fully to the faithful of the Church and to the whole world its own inner nature and universal mission.
-union of divine and human elements
-material element communicates the spiritual
2. The Laity as “Sacraments of the Church”
-The Church, sign and mystery, subsists in and becomes present in each of her members
-each Christian is a sign of the Church
-each vocation expresses the Church in a different way
-laity live their vocation in the world
-the world is the environment proper to the world, which is statically secular
3. The Secularity in a Dynamic Sense
-each vocation of the Church is paradigmatic, in dynamic union with the other vocations
-so, the laity offer something to the clergy and the consecrated
-this is charism of secularity
-religious are signs via life, hierarchy via ministry, laity via secularity
-this is dynamic because it is not just a dialogue between the world and the Church, but is something that grows and deepens
-LG 31: “But the laity, by their very vocation, seek the kingdom of God by engaging in temporal affairs and by ordering them according to the plan of God.”
-So, mission and vocation go together
-of course, there is a complementarity between laity and hierarchy
4. The CCEO (c. 399)
-centers on the secularity of the laity, “whose proper and special state is secular”
Apostolate of the Laity:
-this can’t be reduced to a list of duties
-this comes from Baptism, not concession of authority
-2 foci: they bring the Gospel to the world and bring the questions of the world to the Church
-cooperation with pastoral duties or hierarchy is not co-responsibility but collaboration
Marriage [226]
-married people have the “special duty of upbuilding the people of God through their marriage and their family”
-AA 11: “This mission-to be the first and vital cell of society-the family has received from God.”
- AA 11d cites specific examples of works particular to the family
 To adopt abandoned children
 To welcome strangers
 To participate in the schools
 To assist adolescents with advice and financial help
 To help the engaged prepare for marriage
 To collaborate with catechesis
 To help families and marriages in difficulty
 To help the aged


8) Explain the difference between instituted (stable), temporary, and extraordinary ministries exercised by the laity. [230]

• With relation to the ministries, they are classified as: instituted or stable, temporal or extraordinary
• C. 230 §1 speaks of instituted ministries of acolyte (accolitato) and lector (lettorato)
• §2 speaks of temporary function of lector, commentator, cantor, etc.
o These do not require a special institution
• §3: Extraordinary ministries: those that are supplied by the laity with there is a shortage of ordained ministers: ministry of the word, preside over liturgical prayers, confer baptism, distribute Holy Communion, assist at marriages, pastoral care of a parish
• The stable ministries of lector/acolyte can only be assumed by men
o Lector: announce the Word of God, prepare the faithful to receive the sacraments worthily, catechesis
o Acolyte: service of the altar, can be called upon to distribute communion, and can particular situations can expose and repose the Blessed Sacrament
o These are instituted (nor ordained)
o There is no right to pay
o According to PC 10a and c. 676 , lay members of religious institutes can be considered stable ministers, whether they be men or women, in the spiritual and corporal works of mercy
• Temporary ministries can be conferred ad actum to lay faithful of either sex
o There is no liturgical rite
• Canon 230 §2 has a facultative, not perceptive, character “Laity [...] can”
• Although boys and girls can serve at the altar, the Holy See encourages boys to encourage vocations
• If girls are allowed, it must be explained well: women already can fulfil some ministries in the liturgy – lector, distribution of Holy Communion, and other functions as per c. 230 §3
• Such services of laity are undertaken ex temporanea deputatione

Third set: associations of the faithful
1) Define: association of the faithful
- An association of the faithful is:
o A permanent group of persons (either human persons, or a formed by other associations [c. 313])
 Being permanent does not mean existing forever, but there must be some stability
o That unite to obtain a determined finality
 There is a mission that cannot be achieved by an individual
o By means of an organization
 It is not just a group of people, but a group which does its work in an organized and structured way
o And recognized by the law
 The intervention of the competent ecclesiastical authority is requested that it may be recognized and protected in the Church’s juridical system
 This intervention distinguishes them from being a sociological existence and a juridic association in the Church
• For this last part, at least required is the recognition of the statutes by the ecclesiastical authority


2) Explain the difference between lay, clerical, mixed, and ecumenical associations of the faithful. What are the conditions for membership in each of them?

• Associations can be:
o Lay
o Clerical
o Mixed (married, single, consecrated, clergy)
o Ecumenical
• Any faithful can be a part of an association
• PC 31: “The Pontifical Council for the Laity has the task of preparing a list of those associations which have received the official approval of the Holy See, and, at the same time, of drawing up, together with the Pontifical Council for the Union of Christians, the basic conditions on which this approval might be given to ecumenical associations in which there is a majority of Catholics, and determining those cases in which such an approval is not possible”
• Accepting non-baptized? Nope. They cannot be admitted, but may help with the works of the association.
• Accepting baptized non-Catholics? They must:
o Respect their confessional identity
o Full desire to live the spirit of the association, to strive for its ends, and participate in its apostolic activities
o Be clear about their non-Catholic reality


3) Explain: private association of the faithful, public association of the faithful, recognition, approval, erection, recommendation.

Associations of the Faithful:

Private Associations: (c. 299) Those which are constituted by private accord among members of the faithful, to promote activities and works which enter into their vocation and ecclesial mission.

Public associations: (c. 301, 313) Those that are erected by the ecclesiastical authority to and in the name of the Church, for the purpose of achieving the ends assigned to them by the authority itself. Thus they are associations of which the hierarchy makes us as an instrument for the accomplishment of its mission.

ASSOCIATIONS c. 215 cc. 298-329

1. Promote more perfect life.
2. Foster public worship.
3. Promote Christian doctrine
4. Exercise other apostolic works.


Acts in name of Church Private initiative
Approved Statutes by comp. auth. Statutes recognized by comp auth
Public JP Maybe – JP and only by decree
Only Catholic is a member
Directed by comp auth Vigilance by com auth
Bona ecclesiastica NOT bona ecclesiastica

3 TYPES of associations: de facto, private, public

DE FACTO – right to associate comes from baptism.

PRIVATE Associations w/o juridic personality. (Statutes reviewed)
PRIVATE Associations w/juridic personality by decree. (Statutes approv)
PRIVATE Associations w/juridic personality by law. (Statutes approv)
*Note the above evidence increasing church involvement.
• Competent ecclesiastical authority must give approval to use “Catholic” in title of an association. (“Catholics United for the Faith” is not a Catholic work, however, it is a work of Catholics).
• ALL associations are subject to vigilance of diocesan bishop (c. 305).
Other types of associations:
• Clerical – (1) assumes the use of orders, (2) under direction of
• clergy, (3) recognized as such (cc. 302, 215)
• Lay
• Mixed
• Affiliated w/ a Religious Institute (3 rd Orders)

• Agnitio (recognition) refers to the act, distinct from approval (cc. 314 and 322 §2) which gives juridic personality (approval gives the personality, not the agnitio)
o The competent authority examines the conformity of the statutes with universal law and verifies that nothing hinders the association from pursuing its ends
• What does recognition mean?
o It does not mean approval
o The Code distinguishes between “recognoscantur” (recognized) and “probata” (approved) when treating private associations
o Recognoscantur is used for associations without juridic personality
o Probata is used for associations with juridic personality
o Recognoscantur means that the competent authority is informed of the existence of an association by means of the presentation of its statutes, and that this authority examines them to verify if their content is in agreement or not with doctrine, discipline, or integrity of morals (Sistach 112)
• Approval includes all the criteria for recognition above
o Plus, the association must fulfil the requirements of c. 114 §3
o Must consider the pastoral viability and likelihood of continuation
o The approval does not change the private nature of the association, but only gives it juridic personality, thus it is constituted as having rights and duties
o Approval must happen through a formal decree (c. 312)

Erection: a juridical act by which an association becomes a public juridic person in the law

Recommendation: no juridic consequence. If the Bishop comes to the De Facto association “St. Stanislaus Women’s Club” and says, “Gee, these pierogi are great! Ask me back next month! I’ll tell my Polish sister-in-law to come and visit you!,” that’s recommendation. If he does it more formally, saying at a parish Mass, “I think that this group would be great for all the mothers and daughters here in St. Stan’s to join this group,” it is recommendation. It has no juridic effect. It may well fill his freezer with beautiful, delicious pierogi. And there will be much rejoicing. And visiting Weight Watchers. And maybe a bigger vault in the diocesan crypt. We’ll see. Still no juridic effect.


4) What should be in the statutes of an association of the faithful?

• Canon 304 gives the structural elements of the statutes
• ALL associations, private or public, are to have their own statutes
• The following must be included:
o The nature, public or private. If private, is it recognized, or approved (and thus has juridic personality). If public, it must state that it has been erected and by whom (diocesan bishop, episcopal conference, Holy See) and in what territorial ambit
o The name or title. Each association must have a name or title. The founder chooses the name. The name should take into account the mentality of the time and place, and preferably be inspired by the ends they follow (c. 304 §2). Recall that the competent authority must consent to the name “Catholic” (c. 300 ).
o Domicile or juridic seat of association. Usually, it will be where they have their meetings, where the secretary is, the archives, and where it receives official correspondence.
o The character. Lay, clerical, mixed. The statutes regulate the following:
 The nature or condition of members. Is there one class, or many? Ordinary, extraordinary, honorary...
 Requirements for membership
 Procedure for admission and dismissal of members
 The rights and obligations of members (which can depend on class of membership). There may be impacts on who votes, who has a voice, makes decisions, etc.
o Norms on the formation of members (cc. 304 §1, 307 , 308 )
o Norms governing the situation, the obligations and rights or members of institutes of religious life (c. 307 §2) or clerics, that are incardinated in their diocese but at the service of the association, or diocesan clerics who participate in the life of the association
o Norms governing the positions, obligations and rights of potential non-Catholic members (can they hold leadership roles? Not recommended)
o The end. Prayer, apostolate or mixed. Some members may spend more time in prayer, some in apostolate.
o The spirit or spirituality. The concrete way in which they are in relationship with God and others.
o The structure of governance. The organs and directive offices are governed by the statutes. Common law only governs the functions of the president, chaplain (or ecclesial assistant). The general assembly usually governs the association. Usually all the members can take part in voting. If the territory is too big, or there are too many members, the statutes can limit who can vote (local reps). There can also be a directive council that brings decisions to the assembly. Statutes must take into account how many people can belong to the council or the assembly, how to establish representation, etc.
o Norms on the administration of goods (cc. 310 , 319 ). Associations need temporal goods to accomplish their ends. The statutes must govern the acquisition and administration of goods. Some norms will come from the common law of the Church. The function of the administrator must be clear. It must also regulate the alienation of goods (NB: If association is dissolved, they usually bequeath the goods to other associations that have similar goals).
• The statutes must be examined or approved by the competent authority, and also when changed (cc. 299 §3, 314).


5) Who is the competent to erect which kinds of public associations of the faithful?

• Erecting is an act proper to Church authority
• According to c. 312 §1, the competent authority is:
o Holy See for universal and international associations
 Note, different Congregations have different responsibilities depending on the nature of the association (see dispense for list)
o The Episcopal Conference for national and territorial associations
o The Diocesan Bishop in his own territory (not diocesan administrator)
 And those who are equivalent to the diocesan bishop
• Abbot
• Territorial Prelate
• Prefect
• Apostolic Vicar
• Administrator of an apostolic administration stably erected


6) Who has right to vigilance over associations of the faithful? What is included in this right? [305]

-Green: The object of the competent authority’s vigilange is to preserve the integrity of faith and morals, and to “watch so that abuse does not creep into ecclesiastical discipline” (.1).
-The Holy See constitutes the authority competent to exercise vigilance over any association of the faithful. Whether it be public, private, diocesan, national, or international.
-The Local Ordinary exercises vigilance over diocesan associations, and other associations to the extent that they work in the diocese” (.2)


7) What are the differences between private and public associations of the faithful in: their beginning? Their purposes? their juridic personality? their administration? their ownership of temporal goods? their administration of temporal goods? their use of the term “Catholic”? their suppression?


Private: Folks coming together. Not recognized until statutes are at least reviewed.
Public: erected by competent authority, usually after having been a de facto association


Private: “foster a more perfect life, promote public worship or Christian doctrine, exercise other works of the apostolate such as sinititatives of evangelization, works of piety or charity, and those which animate the temporal order with a Christian spirit.”
Public: Same as above, plus: “hand on Christian doctrine in the name of the Church or promote public worship, or which intend other purposes whose pursuit is of its nature reserved to the erecting authority”

Juridic Personality:

Private: Can acquire after approval of statutes
Public: constituted as a juridic person by the very decree that erects it


Private: Autonomy via statues. Subject to vigilance.
Public: Statues, with the right of initiative. Also have moderator and chaplain.

Ownership of Temporal Goods:

Private: Yes, but not ecclesiastical
Public: They can possess and own temporal goods, though they become “ecclesiastical goods” and are bound by law.

Administration of Temporal Goods:

Private: According to statutes, subject to vigilance
Public: Subject to restrictions. Must conform to statutes and render an annual account of administration to the competent authority (c. 1287)


Private: Yup.
Public: Yup. But, “in nomine Ecclesiae”


Private: Ceases via norm of statutes. Can be suppressed “if its activity causes grave harm to ecclesiastical doctrine or discipline or is a scandal to the faithful”
Public: By the same authority that erected it, but not without having heard the moderator and major office member


8) What is the difference between and association of the faithful and an ecclesial movement?

Movment: JPII: “concrete ecclesial reality with predominantly lay membership, a faith journey and Christian witness which bases its own pedagogical method on a precise charism given to the person of the founder in specific circumstances and ways.” (1998, JPII, World Congress of Movements and new communities)
• Beyer describes three types of movements (Martinez Sistach, 143):
o Lay movements: constituted by lay people who seek to live in the lay vocation intensively and cooperate in this way to the fulfillment of the mission of the Church (e.g., Catholic Action)
o Spiritual movements: seek to foster the interior life of the members (e.g., like third orders)
o Ecclesial movements: gather together members of different categories and orders of faithful such as lay, married, single people, priests, religious, who share the charisma of the communion and wish to live the life of the Church more fully, according to the different aspects of the vocation and ministry
• Common elements:
o Recognition of the value of communion and sharing of life
 Poverty, the limits of the person, hospitality, sharing with the poor
o Preference for small communities
o Possibility of temporary vows for indefinite time (or for whole life)
o New forms of prayer (charismatic)
o Mixed lives together: men women, consecrated and not, married and non-married together
o With or without specific works
o Sharing of the life with other non-Catholic Christians
o A specific charism (VERY IMPORTANT): a specific gift and call by God, that binds a person to total self-donation in following Christ under the action of the Holy Spirit
o Gerosa describes four characteristics of the original charism:
1. It is a gift that consists in a new way to follow Christ
2. The gift permits the founder to exercise a paternity or maternity toward other persons
3. The charism is lived communally and spreads rapidly because of the missionary capacity
4. There is a reciprocal personal/ecclesial relationship
• The charism guides their birth and their expansion


9) Some ecclesial movements include the members under taking sacred obligations (vows, promises, etc.). Some ecclesial movements include non-catholics. Some ecclesial movements include married couples. Some ecclesial movements include priest and religious. Briefly point out the juridical questions and problems involved in each of these situations.

• Ecclesial Recognition of the Actual Associative Forms
o Why do the groups not become institutes of consecrated life?
 Perhaps a new form of consecrated life
 However, these groups do not want to be institutes of consecrated life nor societies of apostolic life, but want to fully maintain their lay condition in the Church
 However, some do tend to be recognized as institutes of consecrated life or as new forms of consecrated life, according to c. 605 , and some prefer to remain as canonical associations of the faithful
 The presence of married people in some movements precludes them from becoming new forms of consecrated life
o Yet, there is a question about movements of laity that assume the evangelical counsels and dedicate themselves to a life similar to religious life with a separation from the world
 Such communities may logically move toward becoming institutes of religious life
 Usually these groups are recognized as private associations of the faithful
 Ghirlanda however, argues that they should be erected as public associations since the evangelical counsels belong in an essential way to the life and holiness of the Church
 This would give more supervision over the important aspects like the formation of members who assume the evangelical counsels, and the dissolution of the bonds
o Are the canons of the Code sufficiently adapted to these new forms?
 Recchi says that they could be expressed as public associations of the faithful, according to c. 313
• Mixed Institutes?
o Groups that include married people cannot be considered as new forms of consecrated life (c. 605, VC 62)
o The evangelical counsels are essential to the consecrated life
o In fact, the Code would provides the option of third orders (c. 303 ) where members carry out an apostolate and tend toward a more perfect life in the world according to the charism of a religious institute. Even secular institutes can associate to themselves faithful who want to bind themselves to their spirit and mission (c. 725 )
o VC 61 gives another option: “Some Religious Institutes, which in the founder’s original design were envisaged as a brotherhood in which all the members, priests and those who were not priests, were considered equal among themselves, have acquired a different form with the passing of time. It is necessary that these Institutes, known as ‘mixed’, evaluate on the basis of a deeper understanding of their founding charism whether it is appropriate and possible to return to their original inspiration.”
• Criteria of Discernment and Ecclesiality (CL 30)
o Use the same criteria as above for associations
o Ghirlanda adds particular canonical criteria. They must:
 Clarify their ends
 Give a precise structure
 Statutes with the fundamental elements
• The Nature and Effect of the Bonds
o Are they simple private bonds?
o However they are defined, we must diminish the total donation of self that the person makes
o The Code doesn’t give anything
o The statutes must define the object of the bonds (c. 587 §1 )
o The vows or sacred bonds are public when the evangelical counsels are accepted by the legitimate superior in the name of the Church (c. 1192 §1 )
o For the Church, these public vows are given for institutes of consecrated life and eremitical life
o For de facto associations, the vows remain private
o In a movement recognized as a private association or erected as public association, if the statutes do not make reference to vows or bonds, they are private
o The difficulty is in private or public associations whose statutes do refer to vows and promises. Do we then speak of private simple vows?
 In private association recognized by the Church, the bonds are not received by a moderator in the name of the Church since the members work in the name of the apostolic activity proper to the movement
 In public association the members work in the name of the Church (c. 313), but not in virtue of a stable consecrated life received by the Church, but by belonging to the public association. In this case, Ghirlanda proposes that the assumption of the evangelical counsels remains in the private ambit and therefore not be received by the moderator, to avoid the possibility of them being a public profession according to c. 1192 §1.
 The vow assumed in associations of the faithful (private or public) is juridically private according to c. 1192 §1 in as much as it is not received by the moderator in the name of the Church
 Such vows can be called private recognized vows or private vows in the external forum, but they are not public vows in the canonical sense
• Juridic Effects:
o The matter of the bonds must be determined in the statutes
o Celibacy is clear
o However, poverty and obedience must be made very clear
 For instance, if a married couple takes these vows, how will it affect the children?
o They can specify a certain autonomy in the ambit of the family and private life
o It is also important to consider how these bonds would impact clergy, non-Catholics, other consecrated people, spouses
• Non-Catholic members:
o Ghirlanda says that non-baptized should not be considered members of the association, even if they participate in their activity
o Concerning those not in full communion, c. 316 §1 clearly affirms that “One who has publicly rejected the Catholic faith or abandoned ecclesiastical communion or been punished with an imposed or declared excommunication cannot be validly received into public associations.”
o However, c. 316 does not mention baptized non-Catholics
o We refer again to CL 31, quoted above
o Ghirlanda says: non-Catholics cannot belong to a public association as total members because they would not know how to operate in the name of the Catholic Church by the fact that they do not belong to the Church and cannot pursue its proper ends
o What about non-Catholic assuming the vows in an ecumenical association where the majority is Catholic?
 The statutes must deal with this possibility, and determine who admits and dispenses from the bonds
 Ghirlanda and Beyer say that these vows are realized under the condition that if they leave, they are freed from the obligations attached to the bonds
• Formation and Incardination of Priests
o Formation
 Priests can belong in many different ways
 Some are designated by the competent authority as ecclesiastical assistants or spiritual counsellors (cc. 317 §§1-2, 324 §2)
 Sometimes they participate in virtue of their right of association
 Sometimes a man may discover his vocation within the movement
 PDV 41: “We should also remember the numerous groups, movements and associations of lay faithful whom the Holy Spirit raises up and fosters in the Church with a view to a more missionary Christian presence in the world. These various groupings of lay people are proving a particularly fertile field for the manifestation of vocations to consecrated life, and are truly environments in which vocations can be encouraged and can grow. Many young people, in and through these groupings, have heard the Lord’s call to follow him along the path of priestly ministry and have responded with a generosity that is reassuring. These groupings, therefore, are to be utilized well, so that in communion with the whole Church and for the sake of her growth they may make their proper contribution to the development of the pastoral work of promoting vocations.”
 The problem comes regarding their formation, since it cannot be adequately provided in the diocesan seminary
 PDV 68: “Young people who have received their basic formation in such groups and look to them for their experience of the Church should not feel they are being asked to uproot themselves from their past or to break their links with the environment which has contributed to their decision to respond to their vocation, nor should they erase the characteristic traits of the spirituality which they have learned and lived there in all that they contain that is good, edifying and rich. For them too, this environment from which they come continues to be a source of help and support on the path of formation toward the priesthood.”
 The seminarian should continue to be able to receive formation with reference to the community. And have a priest from that community as a spiritual director.
 PDV: 68 continues: “It is therefore necessary, in the new community of the seminary in which they are gathered by the bishop, that young people coming from associations and ecclesial movements should learn ‘respect for other spiritual paths and a spirit of dialogue and cooperation,’ should take in genuinely and sincerely the indications for their training imparted by the bishop and the teachers in the seminary, abandoning themselves with real confidence to their guidance and assessments. Such an attitude will prepare and in some way anticipate a genuine priestly choice to serve the entire People of God in the fraternal communion of the presbyterate and in obedience to the bishop.”
 Thus, there is a shared responsibility of the formation. The bishop is responsible for the seminary formation, and the community helps to form him in their proper spirit.
o Incardination
 The Code did not provide the possibility of incardination of priests in an ecclesial movement or association
 They can incardinate in personal prelatures (c. 295), religious institutes (cc. 266 §2, 607), societies of apostolic life (cc. 266 §2, 731), and secular institutes by concession of the Holy See (cc. 266 §3, 715)
 There is a kind of ‘fictitious’ incardination that happens through a written agreement between the moderator of the community and the bishop whereby the priest may be at the service of the community
 There are problems however if the bishop changes and the next one wants to change the arrangement
 It may happen in the future that the Holy See will permit such movements to incardinate
• The Participation of the Consecrated
o We speak of those already consecrated in another institute who belong to a movement
o They can participate in two ways: as ecclesiastical assistants or as effective members
o In the first way, there is no problem
o In the second:
 The Code is not clear about this possibility
 It does not exclude the possibility as long as the member respects the proper law of his community and the statutes of the movement and has the consent of his superior
• The Married
o They live a life similar to the consecrated life in that they live in community, more intense prayer, a poorer life, adherence to a moderator and participation in the apostolate of the movement
o They make a donation of themselves to the divine vocation in which they strive for greater perfection according to the charism of the community
o Can they take the evangelical counsels?
o All the married are called to matrimonial chastity
o Poverty and obedience would have a direct influence on their children and the autonomy of the family
o The statutes should clearly state what these bonds would mean for married couples with children