Vita Consecrata - Sugawara - All 30 (Prepared: Hastings) Flashcards Preview

Canon Law - Hastings > Vita Consecrata - Sugawara - All 30 (Prepared: Hastings) > Flashcards

Flashcards in Vita Consecrata - Sugawara - All 30 (Prepared: Hastings) Deck (30)
1

I. In what point is a consecrated person from a layman from a canonical point of view?

(IN CHE PUNTO UNA PERSONA CONSACRATA È DIFFERENTE DA UN FEDELE DAL PUNTO DI VISTA CANONICO?)

573-574

Summary: Juridically, the consecrated life is characterized by a second consecration (after Baptism) by those who canonically profess the Evangelical counsels.

573.1:
Religious life is consecrated via profession of the evangelical counsels
-follow Christ more closely via the Holy Spirit
-total dedication to God who is supremely loved
By a new and special title:
-dedicated to seek the perfection of charity in the service of God’s kingdom
-for the honor of God
-for the building up of the Church
-for the salvation of the world
Are a splendid sign in the Church
-by which they foretell the heavenly glory
573.2:
This life is freely chosen
This life is canonically established
The evangelical counsels are professed by bonds or vows
The counsels are linked in a special way to the Church and her mystery

574.1:
The state of those who profess the counsels belongs to the life and holiness of the Church
This state should be fostered and promoted by everyone in the Church

574.2:
This state is the result of a special call
-so that those called may benefit from a special gift in the life of the Church
-so that they may contribute to its saving mission according to the purpose and spirit of each institute

2

II. What is the canonical difference between a “religious order” and a “religious congregation”?

(QUAL È LA DIFFERENZA CANONICA TRA «ORDINE RELIGIOSO» E «CONGREGAZIONE RELIGIOSA»?)

Summary: In terms of the CIC83, there is no difference. Historically, the difference was on whether solemn vows (order) or simple vows (congregation) were made.

This is a difference comes from the history of canon law. It is not preserved in the 1983 code, but still affects life in the Church because through the constitutions of religious institutes and the customary practice of the church.
In the 1917 code, religious orders and religious congregations were different.
Name
Religious order
Religious congregations

When founded
Older—Jesuits are last
Newer

Name of fundamental code
Usually called Rule
Constitutions

Members usually called Monks / Nuns Sisters / Brothers

Vows?
Yes, solemn
Simple vow or other bonds

Effect of vows
Loss of juridic capacity
Prohibition of juridic action

Gained offical status as religious in law of church a long time ago
1900
The proper law of religious and common language to talk about them often follow the above schema. The code doesn’t hold these distinctions firm and leaves them to proper law, so you could have a new founder who made a religious institute, called it a congregation, and gave it solemn vows and a rule but called its members sisters and brothers.

3

What is the “compito principale” of the hierarchical authority of the Institutes for: erection and suppression of an institute, the charism of the foundation, the autonomy, the exemption, the practice of the evangelical counsels and proper law?

(QUAL È IL COMPITO PRINCIPALE DELL'AUTORITÀ GERARCHICA DEGLI ISTITUTI SU: L'EREZIONE E SOPPRESSIONE DI UN ISTITUTO, IL CARISMA DELLA FONDAZIONE, L'AUTONOMIA, L'ESENZIONE, LA PRASSI DEI CONSIGLI EVANGELICI E IL DIRITTO PROPRIO?)

Summary: This is all about location. Competent authority (bishops for diocesan right and the ApSee for pontifical) applies. That said, only the ApSee can suppress an institute.

Erection:
579:
Diocesan bishops, having consulted the ApSee, can establish institutes of consecrated life in their own territories by formal decree

Suppression:
584:
Only the ApSee can suppress and institute and dispose of its temporal goods

Charism of the Foundation:
578:
The mind of the founders and their dispositions concerning the nature, purpose, spirit and character of the institute (approved by competent authority ), together with sound traditions, all of which constitute the patrimony of the institute, are to be faithfully observed by all

Autonomy:
586.2
Local ordinaries have the responsibility of preserving and safeguarding true autonomy of life, especially of governance

Exemption:
591:
The Supreme Pontiff can withdraw institutes from governance of local ordinaries and subject them to himself alone or some other ecclesiastical authority

Practice of the Evangelical Counsels:
576:
Competent Authority of the Church

Proper Law:
587.2:
Competent Authority

4

IV. In what elements concretely consist the “just autonomy” recognized for the IVCs?

(IN QUALI ELEMENTI CONSISTE IN CONCRETO LA «GIUSTA AUTONOMIA» RICONOSCIUTA AGLI ISTITUTI DI VITA CONSACRATA?)

586.1

Summary: Though subject to the DBishop in some areas, just autonomy refers to the ability of institutes of consecrated life to govern their own internal life.

586.1:
A true autonomy of life
-especially of governance
So, each institute has its own discipline in the Church
Each institute can preserve whole and entire its patrimony (per c. 578)

5

What are the conditions requested to be recognized as a “clerical institute” and what problems can arise if its nature is changed from a clerical institute to a “mixed” institute?

(QUALI SONO LE CONDIZIONI RICHIESTE PER ESSERE RICONOSCIUTO «ISTITUTO CLERICALE» E QUALI PROBLEMI POTREBBERO SORGERE SE È CAMBIATA LA NATURA DELL'ISTITUTO CLERICALE A ISTITUTO COSIDDETTO MISTO?)

588

Summary: The three conditions that that the institute is under the supervision of clerics, assumes the exercise of sacred orders, and is recognized as such by the authority of the Church. Problems with becoming a mixed institute mitigate against all three of these, so there is a question of non-clerical governance, not assuming the exercise of orders, and change in recognition.

• Important canon: c. 588
• According to c. 588, the conditions to be recognized as a clerical institute are:
1. Under the supervision of clerics
2. Assumes the exercise of sacred orders (NB: not necessarily by every member)
3. Recognized as such by the authority of the Church
• Examples: Jesuits, Redemptorists
• Some clerical institutes have lay brothers who cannot hold office in the institute
• Note: Institutes can be lay or clerical, based on the reception of Holy Orders. Clerical institutes presuppose the exercise of Orders and are governed by clerics. Members of lay institutes are characterized by evangelical counsels, not be being clerics or laity. They may have clerical members, often to tend to the internal spiritual needs of the institute.
• Problems arise surrounding the nomination of a lay brother as a Superior, due to the phrase, sub moderamine est clericorum.
o Strictly speaking, a layman in a clerical institute cannot hold an office of governance, and more specifically, of being a superior.
o This certainly applies to them being a superior general, but what about major superior or local superior?
 The Exegetical Commentary on the Code of Canon Law (Vol. II/2), p 1513, indicates that in practice there do exist clerical institutes in which the local superior can be lay.
o The Decree, Clericalia Instituta (SCRIS 1969), n. 4, states that, “Sodales non clerici vero non poterunt munus Superioris vel Vicarii gerere sive generalis, sive provincialis, sive localis” (Non-clerical members cannot have the office of Superior or Vicar general, whether provincial or local).

6

What advantages and disadvantages can there be between the Institute of pontifical right and a diocesan Institute? What are the tasks entrusted by the Code to the diocesan bishop for the diocesan Institutes?

(QUALI VANTAGGI E SVANTAGGI POSSONO ESSERCI TRA L'ESSERE ISTITUTO DI DIRITTO PONTIFICIO O DI DIRITTO DIOCESANO? QUALI SONO I COMPITI AFFIDATI DAL CODICE AL VESCOVO DIOCESANO PER GLI ISTITUTI DI DIRITTO DIOCESANO?)


Summary: Essentially, the advantages/disadvantages are about freedom to operate worldwide and the points of contact with outside competent authority, so an IDR has to deal with DBishop(s) and the IPR has to deal with the ApSee. The DBishop is competent essentially for those things outside of just autonomy, so think of those things that touch on the IDR’s contact outside of itself.

• Advantages and disadvantages
o Members of a pontifical right institute can go more freely around the world (good for missionaries)
o It is more difficult for the superiors of pontifical right institutes to speak with the Apostolic See about issues; whereas, it would be much easier for the institutes of diocesan right to contact their local bishops
o Diocesan right: difficult for house to change statutes because the bishop must speak with all the other bishops where the institute is
• Tasks of the diocesan bishop for diocesan Institutes (i.e., the bishop of the domicile in which the Superior resides or where the principal seat of the Institute is) (c. 595 )
o Approve constitutions and confirm changes
o Deal with business of greater importance which affects the whole Institute and which is beyond the power of its internal authority (must consult other bishops if Institute has spread to other dioceses)
o Grant dispensations from constitutions in particular cases (in §2 the bishop refers to the bishop of the diocese in which the particular member resides)
• Note the other tasks of the diocesan bishop in the Code:
o He also presides at the election of a Superior of an autonomous monasteries and of a Supreme Moderator of an Institute of diocesan right (c. 625 §2)
o The diocesan bishop also grants indult of exclaustration (c. 686 §§1, 3)
o Visitation of the community (c. 628 §2 )
o To know the economic status of religious houses of diocesan right (c. 637 )
o To grant consent for extraordinary administration and alienation of temporal goods (c. 638 §4)
o To grant the indult of exit from an Institute (c. 688 §2 , cf. 691 §2)
o To grant the decree of dismissal (c. 700 )
o To grant indult for a perpetual member to leave an Institute (not pontifical right) (c. 727 §1)

7

What is the principle role of the Constitutions in the Institutes of Consecrated Life? What elements must be contained in them?

(QUAL È IL RUOLO PRINCIPALE DELLE COSTITUZIONI NEGLI IVC? QUALI ELEMENTI DEVONO ESSERE CONTENUTI IN ESSE?)

587.1

Summary: Constitutions are used to define an IIVC, so they determine proper vocation and identity. Strictly (though there are more things) the constitutions must contain the fundamental norms about governance, discipline, incorporation, formation, and proper object of sacred bonds—all vis-à-vis the members.

• Canon 587 specifies that every Institute must have its own proper law (ius proprium) (cf. PC 3 )
o The proper law is consists of two parts:
 Fundamental code (or constitutions) (this is what c. 587 refers to)
 Supplementary text (or statutes)
• The principal role of the Constitutions is to protect the proper vocation and identity of the Institute
• It has a pedagogical and exhortatory role: it teaches candidates the nature, character, and purpose of the Institute; and it calls members to preserve and mature in accord with the obligations they assumed at the time of their incorporation into the institute (Green 754)
• In general, it must contain fundamental norms about (c. 587 §1):
o The governance of the Institutes
o The discipline of members
o Incorporation
o Formation
o The proper object of sacred bonds
• Specifically, it must govern the following:
o Erection or division of parts of the institute (c.581)
o Those things mentioned in c. 587
o The bishop has to approve and grant dispensations from the constitutions of diocesan right institutes (c.595)
o The definition of the powers of superiors in chapters (c.596)
o The specific mode of living out the evangelical counsels (c.598)
o The specific mode of living out obedience (c.601)
o The authority competent to erect Houses (c.609)
o The autonomous nature of Houses of canons regular and monks (c.613)
o The governance of nuns whose institute is connected to an institute of men (c.614)
o The power of a superior in an autonomous monastery (c.615)
o The authority competent to suppress Houses (c.616)
o The requirements for major superiors (c.623)
o The exceptions to term-limits for superiors (c.624)
o The mode of election of the supreme moderator and the confirmation of other superiors (c.625)
o Provisions for councils to assist superiors (c.627)
o The authority of the General Chapter (c.631)
o The limitations of rights with regards to temporal goods (cc.634/668)
o The allowance of periods of apostolic activity during noviciate (c.648)
o The specification of how the following of Christ is to be lived out in the institute (c.662)
o The definition of how enclosure is to be observed by those nuns who are not wholly contemplative (c.667)
o The definition of which necessities the institute must provide for its members (c.670)

8

What is the nature of the power exercised in a non-clerical Institute of consecrated life?

(QUAL È LA NATURA DELLA POTESTÀ ESERCITATA IN UN ISTITUTO DI VITA CONSACRATA NON CLERICALE?)

596.1

• See c. 588 §3
• Two conditions to be recognized as a lay Institute
o The proper end or function of the Institute does not include the exercise of sacred orders
o It is recognized as lay by ecclesiastical authority
• See PC 10
• Recall that the members are characterized by the evangelical counsels, and not by being clerics or laity
• Canon 596 §1 specifies that superiors and chapters of institutes possess power over their members as defined in the universal law and the constitutions
o This applies to all Institutes of consecrated life and societies of apostolic life
• The ecclesiastical power is given by the Church and carried out in its name (Green 761; recall that Institutes are public juridic persons)
• The constitutions should clearly define the nature and extent of the power of superiors and chapters at every level of government
• The power of all offices is derived from ecclesiastical power, and is not referred to as power of governance or of jurisdiction in the strict sense (Exegetical Commentary, vol. II/2, p. 1543)
• Canon 596 §1 refers to all Institutes, and is contrasted with §2 the ecclesiastical power of governance of Institutes of Pontifical Right
• The Exegetical Commentary on this canon deals at length with the nature of the power
o It seems that it is a kind power of executive governance, that stems from the Roman Pontiff and mediated through the universal law and constitutions approved by him (again recall the public nature of ICLs)

9

What are the juridical elements of the evangelical counsels of poverty and obedience for all?

(QUALI SONO GLI ELEMENTI GIURIDICI DEI CONSIGLI EVANGELICI DI POVERTÀ E DI OBBEDIENZA COMUNI A TUTTI?)

590, 599-601

Summary: Poverty obliges dependence and a limitation in the use and disposition of goods according to the norm of the proper law of each institute. Obedience requires submission of the will to legitimate superior, who stand in the place of God when they command according to the proper constitutions.

• NB: The evangelical counsel of chastity admits of no degrees or gradations (as do poverty and obedience). It obliges a person to live a celibate life in perfect continence.
• Poverty and obedience however, are to lived concretely in the way determine by the proper law of the Institute
• Poverty (c. 600 )
o Obliges “dependence and a limitation in the use and disposition of goods according to the norm of the proper law of each institute.”
o The particular expression of the poverty will be lived in accord with the charism of the Institute and its proper law
o See c. 668 and c. 718 for further specification of poverty for religious Institutes and secular Institutes, respectively
• Obedience (c. 601 )
o Obedience “requires a submission of the will to legitimate superiors, who stand in the place of God when they command (by virtue of the sacred bond of obedience) according to the proper constitutions”
o Superiors can only command according to the universal law of the Church and the proper law of the institute
o “Legitimate superiors” refers to internal superiors in the Institute (general, provincial, local), and the Supreme Pontiff (c. 590 §2 )
o It should be made very clearly known to the member that he is being commanded by virtue of his vow of obedience
 Also, all formalities must be fulfilled by the superior in order to command by virtue of the vow (e.g., issuance of a canonical warning commanding in the name of obedience)
 The constitutions should be very clear about which superiors can give such commands (see Green 766, n. 243)
o Note that this canon specifies the normative practice of obedience that stems from the sacred bond, and not the virtue of obedience incumbent on all toward legitimate superiors of any kind

10

Explain the terms: sacred bond, solemn vows, merging of Institutes, federation of Institutes, proper law, hermits, new forms of consecrated life.

(SPIEGARE I TERMINI: VINCOLO SACRO, VOTI SOLENNI, FUSIONE DEGLI ISTITUTI, FEDERAZIONE DEGLI ISTITUTI, DIRITTO PROPRIO, EREMITI, NUOVA FORMA DI VITA CONSACRATA.)

Summary: Sacred Bonds are vows, promises, or promissory oaths, public or private. Solemn vows are promises made to God which must be fulfilled by virtue of religion recognized as solemn by the Church. Mergers usually describe the extinction of one institute through union with another. Federation occurs when , while maintaining autonomy, similar institutes join together for common purposes. Proper law is internal law which governs an institute. Hermits are withdrawn from the world to strictly serve God by silence, solitude, prayer and penance. New forms of consecrated life are not yet known and reserved to the Holy See.

• Sacred Bond
o Members of religious Institutes assume the evangelical counsels by means of public vows (c. 607 §2)
o Members of secular Institutes can also assume them through other sacred bonds, such as oaths or promises, as provided in the constitutions for each case (Exegetical Commentary, vol. II/2, p. 1917)
o See c. 712
 Sacred bonds can be vows, promises, or promissory oaths (c. 1200), public or private
 Vow = promise made to God which must be fulfilled by reason of the virtue of religion (Green, 880)
o From Provida Mater Ecclesia (Art. III):
 § 2. In respect of their consecration of life and profession of Christian perfection: besides the exercises of piety and self-denial which are a necessary part of the search for perfection of Christian life, those who desire to be formal members in the strict sense of the word, of a Secular Institute, must in fact tend to this perfection in the distinctive ways here specified:
• 1. By profession made before God of celibacy and perfect chastity in the form of a vow, oath, or consecration binding in conscience, according to the norms of the Constitutions.
• 2. By a vow or promise of obedience, a permanent bond enabling them to devote themselves entirely to God and works of charity or apostolate and to be constantly, in all they do, subject to and under the moral guidance of Superiors in accordance with their Constitutions.
• 3. By a vow or promise of poverty whereby their use of temporal goods is not free but defined and limited in accordance with the Constitutions.
• Solemn Vows
o Members of religious Institutes assume the evangelical counsels by means of public vows (c. 607 §2)
o Vow = promise made to God which must be fulfilled by reason of the virtue of religion (Green, 880)
o Canon 1192 §2: A vow is solemn if the Church has recognized it as such (otherwise it is simple)
 Recall that c. 1192 is the only place in the Code where solemn and simple vows are mentioned
o Religious who profess as solemn vow of poverty completely renounce ownership of all their temporary goods (c. 668, §§4-5), whereas religious who profess a simple vow of poverty have a right to retain ownership of their patrimony but must give up its use and any revenue (c. 668 §1) (Green 1417)
• Merging of Institutes
o Merging (c. 582) ≠ aggregation (c. 580)
o Aggregation refers to the spiritual bond or affiliation between first, second and third orders of mendicants (Green 749). It does not interfere with the autonomy of individual institutes.
o Mergers are referred to in c. 582 .
o Merger (= fusion) (which is not defined in the Code) usually describes the extinction of one institute through union with another (Green 750)
o It often happens when a smaller institute loses vitality due to lack of personnel or resources and seeks to unite with another Institute that is similar in nature, spirit and goals.
o As c. 582 specifies, mergers are reserved to the Apostolic See alone.
o Unions (≠ mergers) occur when two or more institutes come together to form a new one in such a way that each institute loses its identity in the process (the new institute has a new name and a new personality)
 This would require new structuring of governance, new proper law, and all other requisites for the formation of a new institute
o In the cases of mergers and unions, individual members have the freedom to choose to belong to the new entity, to transfer to another institute, or to petition for and indult of departure from the institute with a dispensation from their sacred bonds
 This is because in ICLs, the vows are made to God, according to the statutes of the ICL, so when the statutes change or are suppressed, the person may be released from the bonds
• Federation of Institutes
o Again, c. 582
o Federation occurs when certain institutes when institutes that share the same nature and spirit join together for common purposes, with each maintaining its autonomy (e.g., congregations of Benedictine and Cistercian monasteries)
o Each of the abbey retains its autonomy, while all are under a superior of the congregation who does not possess the full authority of major superiors (cf. c. 620 )
o Institutes federate to share resources vis-a-vis formation, finances, personnel (e.g., Sisters of St. Joseph)
o See the statutes of such institutes for details regarding these issues
o Confederations are groupings of federations into a still larger structure
o In mergers and unions, some institutes lose their original identity
 Recall that suppression of an entire institute is reserved to the Apostolic See (c. 584)
o In federations and confederations there is a yielding of a limited but certain power over the institute to an authority beyond the institute
 This is why they are reserved to the Apostolic See
• Proper Law
o Canon 587
o Proper Law (ius proprium) is the law of an institute of consecrated life, including as a principle code, the fundamental law or constitutions, and other collections of statutes, norms, or procedures by which the institute is governed.
o It is the practical instrument through which the patrimony of an institute is preserved and lived
o Every institute must have its own proper law
o It consists of two parts: fundamental code (constitutions) (§§1-3) and a supplementary text (statutes) (§4)
o The fundamental code (constitutions) contains the essential elements describing the patrimony of an institute (cf. c. 578 ) and the basic norms pertaining to governance, temporal goods, formation, incorporation, the proper object of sacred bonds, and the discipline of members
o The supplementary text (complementary codes, directories, statutes. Regulations, etc.)
o These apply the more general fundamental code in either a systematic form OR by sectors (e.g., norms regarding formation) or specific subjects (e.g., in diverse cultural situations, etc.)
o They are more easily revised to accommodate various circumstances of time and place
o They do not need the approval of the competent authority of the Church; however, they may not contradict the constitutions approved by that authority
• Hermits
o Canon 603
 Men or women dedicated to the praise of God and the salvation of the world
 Through a more strict withdrawal from the world
 Silence of solitude
 Prayer
 Penance
o It is a form of life in addition to Institutes of consecrated life
o Canonically (§2):
 Publically professes the evangelical counsels in the hands of the diocesan bishop (by vow or sacred bond)
 Observes a proper program of living under his direction
• New Forms of Consecrated Life
o Canon 605
o Not in theological sense (c. 573 fixes that), but in juridical sense (i.e., not new institutes, but new forms, or types, of consecrated life)
o Only the Apostolic See can approve new forms and give them juridical status
o New forms would be those distinct from those already approved and described in the Code
o An example was the approval of secular Institutes as a form of consecrated life in 1947 (Pius XII, Provida Mater Ecclesia)
o The role of the diocesan bishop is to aid in the discernment of the authenticity of new gifts of consecrated life and to assist promoters to express their proposals as well as possible and to protect them by appropriate statutes

11

What difference is there between a religious institute and a secular institute from the theological and juridical point of view?

(CHE DIFFERENZA C'È TRA UN ISTITUTO RELIGIOSO E UN ISTITUTO SECOLARE DAL PUNTO DI VISTA TEOLOGICO E GIURIDICO)?

607 and 711

Summary: The principle theological difference is that RIs seek perfection by separation from the world and Sis by perfection in the world. The principle juridic difference is that RIs profess public vows and life fraternal life. Those in Sis have no juridic change.

• Religious institute defined in c. 607
• Secular institute defined in c. 710
• The principal theological difference lies in their relationship to the world
o Religious institutes are marked by striving for perfection in a separation from the world, and a flight to Christ
o Secular institutes are marked by striving for perfection in the world
• Juridical differences...
o Members of religious institutes profess public vows and live fraternal life, and thus, the juridic status of the members changes (they are religious) (cf. c. 654)
o Membership in a secular institute does not changes one’s canonical condition, whether lay or clerical (c. 711 )
 They are consecrated in their condition as lay persons or clerics
 Their vows (sacred bonds) are not necessarily public (although they are not simply private either) (c. 712 )

12

What are the requested conditions to erect and suppress a religious house in a diocese?

Quali sono le condizioni richieste per erigere e sopprimere una casa religiosa in una diocesi?

608-611 erect
616 suppress

Summary: None. Just details...

Erect:
608:
-Physical house, oratory (w/ Blessed Sacrament), superior

609:
-Prior written consent of diocesan bishop
-by the authority competent according to constitutions
610.1:
-Care must be taken for the members’ welfare
-Members must have all they need to carry out their lives according to their institute
610.2
-Special Caveat: Do not establish a house if you cannot fulfill 610.1
611:
Consent of bishop gives three rights:
-lead a life according to institute
-engage in the work proper to the institute
-For clerical institutes, to have a church and to conduct the sacred ministries

Suppress:
616.1
After consultation with DBishop, Supreme Moderator can suppress according to constitutions
616.2
Holy See alone can suppress sole house on an institute
616.3
Suppression of autonomous houses belongs to the general chapter
616.4
Suppression of autonomous nuns belongs to Apostolic See

13

Under what conditions an internal division of an institute named “region” can be equated with a “province” according to c. 621?

(A QUALI CONDIZIONI UNA DIVISIONE INTERNA DELL'ISTITUTO NOMINATA «REGIONE» PUÒ ESSERE EQUIPARATA A UNA «PROVINCIA» DI CUI AL CAN. 621?)

621

Summary: If a region is erected by competent authority and is comprised of more than three houses under a superior who has proper (not delegated) power, it can be equated with a province.

• A “region” is a semi-autonomous unit whose authority is delegated from the superior-general rather than being proper from the law (universal and/or proper) (cf. c. 596)
• According to c. 621 , a “province” is a grouping of several (more than three) houses under the same superior and erected by legitimate authority
• Thus, if the region is erected by a competent authority, is comprised of more than three houses under one superior who enjoys proper (not delegated) power, then it can be equated with a province (there is no intervening level of government)

14

What is necessary for the validity and liceity of the designation of a religious Superior?

(PER LA VALIDITÀ E LA LICEITÀ DELLA DESIGNAZIONE DI UN SUPERIORE RELIGIOSO, CHE COSA È NECESSARIO?)

623-626

Summary: For validity, the superior must be perpetually or definitively professed for a suitable period of time, determined by own law, or for major superiors, by the constitutions, and then appointed or elected. Liceity is determined by diritto proprio and validity could be additionally conditioned by diritto proprio.
• Canon 623 requires for validity
o The individual must be appointed (c. 625 §3) or elected (cc. 164-179, 635 §3)
 NB: the supreme moderator must be elected (c. 625 §1), other superiors may be elected or appointed (c. 625 §3)
o For a superior, a suitable time elapsed since perpetual or definitive profession (i.e., repeated temporary profession) as determined by proper law
o For the major superior, a suitable time elapsed since perpetual or definitive profession (i.e., repeated temporary profession) as determined by the constitutions
 In general, this time requirement is usually around 5-10 years
• Canon 624 states that the major superior and other superiors may be constituted for fixed terms according to the constitutions and proper law (respectively)
o It is not clear in the CIC, but this may impact validity, especially if specified as such in the constitutions or proper law
• The canons on elections (cc. 164-179) also place many conditions for validity
• The constitution or proper law of the institute may prescribe additional requirements for the office of major superior or superior (respectively)
o These could condition liceity and/or validity
• Acc. to c. 625 §2, the diocesan bishop presides at the election of a superior of a c. 615 sui iuris monastery, and of the supreme moderator of an institute of diocesan right

15

In what occasion is required the consent of the Council of the religious superior?

(IN CHE OCCASIONE È RICHIESTO IL CONSENSO DEL CONSIGLIO DEL SUPERIORE RELIGIOSO?)

627

Summary: In addition to the cases determined by universal law, this is determined by diritto proprio.

• Canon 627 deals with the Council of the Religious Superior
• Universal and proper law specify when the consent or the counsel of the council is required for acting validly
• Universal law requires the consent of the council in the following instances (NB: they generally deal with the status of members and the temporal goods of the institute):
o The erection, transfer and suppression of a novitiate house (c. 647 §1 ) and permitting one to do his novitiate in another house of the institute (c. 647 §2 )
o The transfer of a religious from one institute to another (c. 684 §1)
o Granting indults of exclaustration (c. 686 §§1, 3 )
o Granting indult for someone to leave the institute during the time of temporary profession (c. 688 §2 )
o Readmitting a member who has left after completing the novitiate (c. 690 )
o Permission to administer temporal goods in such a way that the patrimonial condition of an institute worsens (638 §3 )
o Permitting a member to live outside the religious house (c. 665 §1 )
o Immediate expulsion in cases of serious scandal or harm to the community (c. 703 )
• Universal law also requires the opinion of the council (audito suo consilio) in the following instances:
o Excluding members from temporary profession (c. 689 §1 )
o Initiating the process of dismissal (c. 697 )

16

Explain the right and obligation of the diocesan bishop regarding the visitation of religious.

(SPIEGARE IL DIRITTO E L'OBBLIGO DEL VESCOVO DIOCESANO ALLA VISITA E ALL'AMMINISTRAZIONE DEI BENI NEI CONFRONTI DEI RELIGIOSI.)

628 and 683

Summary: The DBishop has the right to visit, even in respect of religious discipline, the autonomous monasteries of 615 and the individual houses of an IDR in his own territory. Personally or via delegate, DBishop visits churches or oratories to which faithful have habitual access, schools open to those beyond institute’s own members, and other spiritual or temporal charitable works, in time of visitation or necessity. Also, if he is aware of abuses and his warnings to the superior have been in vain, he can deal with the matter.

• Visitation
o Canon 628 §2 specifies that the diocesan bishop has the duty and right to visit, with respect to religious discipline, sui iuris monasteries and houses of institutes of diocesan right in his territory
o The visit gives the members of such houses access to ecclesiastical authority (Green 791)
o He can investigate laxity in religious discipline or support and encourage them
o The Code does not specify the frequency of the bishop’s visits (he can go as often as he wants)
 However, since proper law will specify the visits of the superior of the institute, the bishop could coordinate with him the focus and timing of their visitations to prevent duplicating work or unduly burdening the members

17

What are the principal aims of the novitiate in a religious institute? What is required by the CIC/83 for the validity of the novitiate in terms of admission, duration and place?

Quali sono gli scopi principali del noviziato nell'Istituto religioso? Cosa e richiesto dal CIC83 per la validita del noviziato circa l'ammissione, la durata e il luogo?

Summary: The three principal aims are to understand vocation, experience living in institute and formation according to spirit, and testing of intention and suitability. Novices should be led to a life of perfection, instructed in contemplating the mysteries of salvation, develop virtues, via prayer and self-denial, develop worship via liturgy, learn to lead a life consecrated to God and neighbor by evangelical counsels, learn spirit, discipline, history, life of institute and be imbued with love for Church and her Pastors. For validity of admission, a person must have completed 17th year, not be currently married, not be bound by a sacred bond, not enter via fear or deceit, nor have concealed previous other incorporation. For validity of duration, it must be at least 12 months and in a novitiate community. For validity of place, it must be carried out in a house properly designated for this purpose.

• Canon 646 specifies the three purposes of the novitiate
1. To understand better their divine vocation
2. To experience the manner of living of the institute and to form themselves according to its spirit
3. To test their intention and suitability
• Note that life in the religious institute begins with admission to the novitiate
• As a preparation for life in the institute, the novitiate should include the following elements (Green 812):
o The mission, spirituality and history of the institute; discernment regarding the novice’s vocation to religious life in this particular institute
• For validity of the novitiate, two things are required (note absence of condition of a novice master for validity):
o Proper length
o Proper place
• Admission
o Canon 641 places the right of admission in the hands of the superiors according to the proper law
o Canon 597 §1 specifies that one must be Catholic, with the right intention, to be admitted to ICL
o Canon 642 specifies that superiors are to admit only those who have:
 Required age (c. 643 1° [17 years old])
 Adequate health
 Suitable character
 Sufficient qualities of maturity
• Health, character and maturity may be verified by experts if necessary
o Canon 643 lists invalidating impediments to admission to the novitiate
 One must be 17 (1°)
 Must not be married (2°)
 Must not be bound by sacred bond to some ICL or society of apostolic life (SAL) (3°)
 Must not be under force, grave fear, or malice (4°)
 Must not be concealing previous incorporation into ICL or SAL (through profession through vows or sacred bonds [cf. c. 654]) (5°)
 Proper law may establish other conditions for validity (§2)
o Canon 644 says superiors are not to admit (these do not affect validity):
 Secular clerics without consulting (consent is not mentioned) their local ordinary (recall from c. 268 §2 , that profession will result in automatic incardination/excardination)
 Those with debts they are unable to pay
o Canon 645 identifies the necessary documentation:
 Proof of baptism, confirmation and free status (§1)
 Testimony of (§2):
• Local ordinary for secular clerics
• Major superior for members of ICL or SAL
• Rector for seminarian
 Other documents specified in the proper law regarding suitability and freedom from impediments (§3)
 Other information at the discretion of the superior (even under secrecy) (§4)
• Duration
o Canon 648 §1 specifies that for validity, the novitiate must include 12 months with the novitiate community (in or outside the properly designated novitiate house pursuant to c. 647 §3); and §3 says that it is not to last longer than 2 years (not condition of validity)
o The twelve months can be continuous or discontinuous (Exegetical Commentary, vol. II/2, 1718)
o §2 permits the constitutions to prescribe periods of apostolic activity that are in addition to the 12 months prescribed by §1
 These periods can be inserted into the twelve months (without counting toward the twelve month minimum)
o Thus, the two year limit ≥ (min. 12 months novitiate with novitiate community) + (period of apostolic activity)
 Thus, the period of apostolic activity cannot exceed 12 months
o Canon 649 gives norms for absences from the novitiate
 §1 states that an absence of three months (continuous or interrupted) renders the novitiate invalid, and that any absence more than 15 days must be made up
 §2 says that the major superior can give permission to anticipate first profession by 15 days (thus, the absolute shortest a novitiate could be is: (12 x 30) – 15 = 345 days
o Canon 653 speaks of the way in which a novitiate ends
 By freely leaving
 By being dismissed by the competent authority of the institute
 By completing it and being admitted to temporary profession (otherwise being dismissed at the end)
 If there is still doubt at the end, the major superior can, according to the norm of proper law, extend the novitiate up to six months
• Place
o Canon 647 deals with the place of the novitiate
o §1 specifies that the erection, transfer and suppression of the novitiate house is within the competence of the supreme moderator of the institute, with the consent of the council
o §2 says that for validity, novitiate must be made in a house properly designated for this purpose
 However, in particular cases, the supreme moderator, with the consent of the council, can grant permission to a candidate to do his novitiate in another house of the institute under the direction of an approved religious who acts in place of the director of novices
o §3 says that the major superior (not supreme moderator) can permit a group of novices to reside temporarily for a certain time in another house of the institute (e.g., to do apostolic work, to avoid potential danger [flood, political, etc.])
o In addition, Green (p. 814) points out that some institutes that stem from the same foundation or share similar charisms have established shared novitiates
 Dispensation must come from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (cf. c. 651 )

18

What are the theological and juridical consequences of the first profession of the evangelical counsels in a religious institute?

(QUALI SONO LE CONSEGUENZE TEOLOGICHE E GIURIDICHE DELLA PRIMA PROFESSIONE DEI CONSIGLI EVANGELICI IN UN ISTITUTO RELIGIOSO?)

654

Summary: The theological consequences are the observance of the counsels and consecration to God via the ministry of the Church. The juridic consequence is incorporation into the institute with the rights and duties defined by law.

• First profession of the evangelical counsels refers to the first temporary profession or the moment of perpetual profession
• Note that this profession is made by means of a vow, not a sacred bond
• Canon 654 spells out the three consequences of religious profession
1. Observance of the three evangelical counsels (theological)
o The sequela Christi and radical living of the Gospel
o The evangelical counsels are at the heart of the profession
2. Consecration to God through the ministry of the Church (theological)
o God is the author and focal point of the consecration
o The consecration is mediated through the Church
o We see the connection between the divine calling and the body of Christ, the Church
o Member lives the vows as determined by the law of the Church which approved the manner in which they are lived in the institute
o It is a total donation of self
3. Incorporation into the institute with the rights and duties defined by law (juridical)
o The juridic consequences arise from the universal law and proper law
o Juridically, the person’s relationship with God, the Church and the Institute shanges
o The juridic consequences represent the visible manifestation of the spiritual consecration
o The obligations and rights are especially laid out in cc. 662-672 (Chapter IV, “The Obligations and Rights of Institutes and Their Members”)

19

What are the requested conditions for the validity of temporary vows and perpetual vows?

Quali sono le condizioni richieste per la validita dei voti temporanei e perpetui?

Temp: 656
Prepet: 658

Summary: For temporary vows, 5 things are: completed 18th year, valid novitiate, admission granted by superior after vote of council, explicit profession without force, fear or deceit, and reception of profession by superior or personally through another. 5 things for perpetual vows: completed 18th year, temporary profession of at least three years, admission granted by superior after vote of council, explicit profession without force, fear or deceit, and reception of profession by superior or personally through another.

Temporary:
656

5 things:
-the person making the profession has completed 18th year
-the novitiate has been made validly
-the admission has been granted, freely and in accordance with the norm of law, by the Superior, after a vote of his or her council
-the profession is explicit, made without force, fear or deceit
-the profession is received by the lawful superior, personally or through another

Perpetual:
658

5 things:
-the person making the profession has completed 21st year
-there has been a previous profession for at least three years (though the profession can be anticipated by three months, per c. 657.3)
-the admission has been granted, freely and in accordance with the norm of law, by the Superior, after a vote of his or her council
-the profession is explicit, made without force, fear or deceit
-the profession is received by the lawful superior, personally or through another

20

Explain the terms: temporary public vow, monastery sui iuris according to c. 615, major superior, general chapter.

(SPIEGARE I TERMINI; VOTO PUBBLICO TEMPORANEO, CASA RELIGIOSA, MONASTERI SUI IRIS DI CUI AL CAN. 615, SUPERIORE MAGGIORE, CAPITOLO GENERALE.)

Summary: Temporary vow is after novitiate and before perpetual profession. Monastery sui iuris c. 615 is a committed to special vigilance of DBishop with no other superior beyond its own moderator. Major superiors are those who govern a whole institute, a province, a part equivalent to a province, an autonomous house sui iuris, and their vicars. General chapters are for institutes other than sui iuris monasteries that hold supreme authority in the institute according to the constitutions.

• Temporary Public Vows
o Canon 655: “Temporary profession is made for the time defined in proper law, which may not be less than three years and no longer than six.” (NB: superior can extend temporary profession up to nine years [c. 657 §2])
o For validity (c. 656):
1. Person must have completed 18 years
2. Valid novitiate
3. Admission by competent superior with vote of council
4. Profession is made without force, fear or malice
5. Profession is received by legitimate superior personally or through another
o After temporary profession, person renews it, makes perpetual profession, or is dismissed (c. 657 §1)
o Temporary profession is required for valid perpetual profession (c. 658, 2°)
• Religious house (c. 608)
• Three conditions for it to be a religious house:
1. Legitimately constituted under authority of superior according to proper law
2. Community lives under the authority of a superior (could be provincial, regional or local)
3. Must have oratory where Eucharist is celebrated and reserved
o Note: the house may or may not be erected as juridic person. ‘House’ in c. 608 is not necessarily the same as ‘house’ in c. 609. E.g., religious priests living in a parish rectory. Cf. S. Holland, “’Religious House’ According to Canon 608”, J 50 (1990) 524-552.

Figure 1: Two options for religious house
• Monastery Sui Iuris
o Canon 615: “An autonomous monastery which has no other major superior beyond its own moderator and is not associated with any other institute of religious in such a way that the superior of the latter enjoys true power over such a monastery determined by the constitutions is committed to the special vigilance of the diocesan bishop according to the norm of law.”
o Typically monasteries of nuns, such as Discalced Carmelites, Dominicans, Ordine di Clarisse
o They do not belong to a congregation of monasteries with centralized authority and a superior
o They require permission of the Holy See for erection (c. 609 §2)
o The moderator is a major superior
• Major Superior
o Canon 620: “Major superiors are those who govern a whole institute, a province of an institute, some part equivalent to a province, or an autonomous house (sui iuris), as well as their vicars. Comparable to these are the abbot primate and superior of a monastic congregation, who nonetheless do not have all the power which universal law grants major superiors.”
o That is, those (or the vicars of those) who govern
 The whole institute = supreme moderator
 A province = provincial superior
 Part of a province equivalent to a province = quasi-superiors or vice-provincials
 Sui iuris house of monks (c. 613 ) = Provosts or abbots
o Major superiors of clerical institutes and societies of apostolic life are ordinaries over their own subjects (c. 134 §1 )
• General Chapter
o Canon 631: “§1. The general chapter, which holds supreme authority in the institute according to the norm of the constitutions, is to be so formed that, representing the entire institute, it should be a true sign of its unity in love. Its foremost duty is this: to protect the patrimony of the institute mentioned in can. 578, and promote suitable renewal in accord with this patrimony, to elect the supreme moderator, to treat major business matters and to publish norms which all are bound to obey. §2. The composition and the extent of the power of the chapter is to be defined in the constitutions; proper law is to determine further the order to be observed in the celebration of the chapter, especially regarding elections and procedures for handling various matters. §3. According to norms determined in proper law, not only provinces and local communities but also any member at all can freely send his or her wishes and suggestions to the general chapter.”
o Note, this is for an institute other than a sui iuris monastery
o Chapters are legal manifestations of the principles of representation, participation, and subsidiarity
o General chapter is a collegial body at the highest level of the institute, representative of the entire institute, in which each participant has an equal voice and vote
o Five primary responsibilities:
1. Protect the patrimony of the institute (c. 578)
2. Promote a suitable renewal in accord with the institute’s patrimony
a. See PC 2 for criteria for ongoing renewal
3. Elect the supreme moderator
a. Who will carry out the chapter decisions and directions
4. Treat major business matters
a. Proper law will determine which matters must be treated in the general chapter
5. Publish norms which all must obey

21

Concretely, in what way do religious observe their vow of poverty?

(IN CONCRETO, IN CHE MODO I RELIGIOSI OSSERVANO IL LORO VOTO DI POVERTÀ?)

668

Summary: Just know the canon. Add in the section about c. 669 (habit).
• Canon 668 regulates personal property of religious
• The first paragraph deals with the obligations of a novice before first profession of vows
1. Cede the administration of his possessions to another (friend, family, lawyer, etc)
2. Dispose of the use and revenue from these possessions (income from investments or rental property, etc)
3. Make a legal will
• The second paragraph deals with changing these dispositions for a just cause, and requires permission of the competent superior (usually the major superior)
o For instance, the religious may want to divert investment income to provide for the care of elderly parents, to help the poor, or give it to the community
o Or, the administrator may have died, the value of the property may have changed significantly, etc
• The third paragraph deals with common goods
o That is, basically, whatever a religious acquires by way of gift, offering, stipend, fee, salary, pension, insurance settlement, etc. belongs to the institute, and not the member
o Inheritances from family members remain personal property, but must be handled as per the first two paragraphs
• The fourth paragraph deals with the renunciation of ownership
o The first part of this paragraph refers to religious in an institute in which solemn vows are professed (complete renunciation of all personal possessions and the right to acquire) (cf. c. 1192)
 Such a vow must be made before perpetual profession
o The second part refers to religious in an institute in which simple vows are professed
 In this case, the religious retains the basic ownership of possessions and the right to acquire, and the possessions are dealt with by the first two paragraphs above
 However, as the second half of §4 states, the religious would have to do so according to the proper law and would require the permission of supreme moderator
• The fifth paragraph deals with the consequences of renunciation
o The religious who has made a complete renunciation of possessions according to the nature of the institute (i.e., one in which the solemn vow of poverty is made) loses all canonical right to possess and acquire anything acquired in any manner
o However, a religious in an institute with simple vows may make a full renunciation, and then subsequently retain the right to acquire and possess (again, paragraphs 1 and 2 would apply)
• Finally, we could speak about the religious habit as a concrete way of observing poverty (c. 669 )

22

In what was is the separation from the world concretized in religious life? (607.3, 665, 667, 669, 672)

(IN CHE MODO LA TESTIMONIANZA DELLA SEPARAZIONE DAL MONDO SI CONCRETIZZA NELLA VITA DEI RELIGIOSI?)

607.3

665, 667, 669, 672

Summary: Just know the canon. You should also add the obligation of common life (c. 665; and its penalty for being absent), the cloister (c. 667), the habit (c. 669), and the general obligations of clerics (c. 672). You could additionally mention common life. Recall that not all of these are common for everyone.
607§3. The public witness to be rendered by religious to Christ and the Church entails a separation from the world proper to the character and purpose of each institute.
• Above all, the degree and exact way in which the separation from the world will be concretized will be determined by the charism and proper law of the institute
• They are consecrated to God AND to the Church
• Thus, they sacrifice their own worldly goals and ambitions for those of the institute and the Church

23

Explain the power of the diocesan bishop toward the works of the religious in his diocese. (678, 680-683)

(SPIEGARE LA POTESTÀ DEL VESCOVO DIOCESANO VERSO LE OPERE DEI RELIGIOSI NELLA SUA DIOCESI.)

678, 680-683

• Canon 678: “§1. Religious are subject to the authority of bishops, whom they are obliged to follow with devoted humility and respect, in those matters which involve the care of souls, the public exercise of divine worship and other works of the apostolate. §2. In exercising an external apostolate, religious are also subject to their own superiors and must remain faithful to the discipline of the institute, which obligation bishops themselves should not fail to insist upon in cases which warrant it. §3. In organizing the works of the apostolate of religious, it is necessary that diocesan bishops and religious superiors proceed after consultation with each other.”
• 680: The bishop fosters ordered cooperation and coordination between religious of different institutes and secular clergy of all their apostolic activities (in light of proper law).
• 681.1: Works that DBishop entrusts to religious are under his authority and direction.
• 681.2: There should be written agreement between DBishop and superior.
• 682.1: DBishop appoint religious to ecclesiastical office with presentation or at least assent of superior
• 682.2: DBishop can remove from office
• 683.1: Right of visitation (except schools open exclusively to institute’s own students)
• 683.2: IN case of abuses or vain warnings to superior, DBishop can act on his own authority
• It should be noted that when the bishop gives his consent to erect a religious house, he gives the house the right to exercise the works proper to the institute without prejudice to any conditions he may have attached in the consent (c. 611, 2° )
• Bishops are the chief pastors of particular churches and as such are to oversee, promote and coordinate all the pastoral activity in their diocese (cf. c. 394 )
• However, the bishop should always respect the just autonomy of the internal life and governance of each institute. Bishops are indeed to promote and protect it (c. 586 )
• The bishop may entrust certain works to religious. Such works remain under the authority and direction of the bishop (c. 681 ).
• The bishop has the right to visit such works entrusted to religious (except schools open exclusively to the institute’s own students) (c. 683 §1 )

24

What difference is there between the legitimate prolonged absence of a religious from his own community and the conceded exclaustration? (665.1, 686-687)

(CHE DIFFERENZA C'È TRA LA LEGITTIMA ASSENZA PROLUNGATA DI UN RELIGIOSO DALLA PROPRIA COMUNITÀ E L'ESCLAUSTRAZIONE CONCESSA?)

665.1

686-687

Summary: Legit absence: Can be brief or long. If long, needs consent of superior and council for a just cause, though not more than a year except in cases of health, studies, apostolate in the name of the institute. Exclaustration: For grave cause indult is given to someone in perpetual vows. If a cleric, there needs to be permission of ordinary where he will reside. More than three years needs ApSee. Only ApSee can give exclaustration for nuns. Competent authority can impose exclaustration for grave causes. Exclaustrated is freed from obligations irreconcilable with new lift, though is under care of superiors and local ordinary. Can wear habit unless otherwise determined. Lacks active and passive voice.
• Legitimate absence
o Canon 665 §1
o Any short absence requires permission of the superior (for short absence, can be local superior, according to proper law)
o If the absence is prolonged (but less than a year):
 the major superior must give permission
 there must be a just cause
 the council must give consent
o What constitutes a prolonged absence is determined by the proper law, or the judgement of the superior
o For an absence of greater than a year, the major superior, with the consent of the council, can grant the permission only for the following reasons:
 Caring for poor health (one’s own, or another )
 Studies
 Works of the apostolate
• Exclaustration
o Canon 686
o The grave cause is something beyond the care of health, studies or works of the apostolate (c. 665)
o The juridic status of the exclaustrated demonstrates a distancing from the institute (c. 687 ), which does not happen with a legitimate absence (in which case the status of the religious is not changed, with the exception of being dispensed from the obligation to live his own religious house)
o Examples of motives (grave cause) of exclaustration are:
 Discernment of vocation
 Transitional time for one who intends to leave definitively
 The care of family affairs (health, etc.)
 Personal apostolic activity
 Serious psychological need (treatment, counselling)
o Requirements:
 Supreme moderator grants indult of exclaustration
 Consent of the council
 Grave cause
 Religious is professed by perpetual vows
 Less than three years
 For cleric: prior consent of the ordinary in which he must reside
o If it is granted for more than, or extended beyond, three years:
 Holy See grants it
 Or diocesan bishop for institutes of diocesan right
o For nuns, Apostolic See grants indult of excardination
o Imposed exclaustration:
 Supreme moderator, with consent of the council and for grave cause, can request it from:
• Holy See for institutes of pontifical right
• Diocesan bishop for institutes of diocesan right (the bishop of the diocese in which is located the house to which the religious is assigned or attached)
o Status of the exclaustrated (c. 687):
 Free from conditions which can’t be reconciled with new condition in life
 Still a member of the institute dependent upon and under the care of the superiors
 Celibate chastity remains unchanged
 Usually person is expected to be self-supporting
 In the day-to-day, obedience is suspended
 Religious clerics are subject to the local ordinary
 The indult will specify the norms regarding the use of the habit
 Loss of active and passive voice

25

What are the conditions required for leaving the religious institute for a religious of temporary profession and of perpetual profession? (688-689, 691-692)

(QUALI SONO LE CONDIZIONI RICHIESTE PER L'USCITA DALL'ISTITUTO DI UN RELIGIOSO DI PROFESSIONE TEMPORANEA E DI QUELLA PERPETUA?)

688-689

691-692

Summary: Temporary profession: Can leave once profession is completed. During temporary profession, can leave for grave cause with indult from supreme moderator and consent of council for PontRight, or confirmation of bishop in DiocRight and autonomous monasteries. At completion of profession, for just causes, major superior having heard the council can prevent subsequent profession. Physical or psychic illness makes a person incapable of subsequent profession unless illness is fault of institute or because of work of institute. If a person goes insane during temporary vows (Jesuits), they cannot be dismissed (so that’s why). Perpetual profession: Professed only requests for gravest reasons. Petition is sent to supreme moderator who also sends own opinion and opinion of council to competent authority. Unless rejected in the act of notification, indult takes effect ipso iure and all obligations cease.

• Temporary profession
o Canon 688
o Person can leave once profession has been completed
o During time of temporary profession
 Person can ask for a grave cause
 Indult of departure comes from supreme moderator with consent of council for institutes of pontifical right
 For institutes of diocesan right and sui iuris monasteries (c. 615), the bishop of the house of assignment must confirms it for validity
o Canon 689
 Competent major superior can exclude member from making subsequent profession (just cause, hearing the council)
 A cause could be physical or psychic illness
 Can’t dismiss someone who becomes insane (lacks lucidity), even if temporary profession expires
• Perpetual profession
o Canon 691
o Person can only request indult for “gravest of causes” (ob gravissimas causas) considered before the Lord
o Person presents petition to supreme moderator
o Supreme moderator then sends it with his opinion and the opinion of the council to the competent authority
o For institutes of pontifical right, the competent authority is Apostolic See
o For institutes of diocesan right, the competent authority is the bishop of the diocese in which the house of assignment of the religious in question is (however, they would also have the alternative option of sending it to the Apostolic See)
• Juridic effect of indult (c. 692 ) = dispensation from all vows and obligations arising from profession
• For clerics (c. 693 ): indult is not granted until he finds an incardinating bishop, or at least one who will receive him experimentally (in this latter case, the indult is granted ad experimentum, so if the bishop does not accept him, before 5 years, he must return to the institute)

26

What are the cases considered in Chapter VI, "Separation from the Institute" which require the intervention of external authority?

(QUALI SONO I CASI CONTEMPLATI NEL CAPITOLO VI «SEPARAZIONE DALL'ISTITUTO» IN CUI È RICHIESTA L'INTERVENTO DELL'AUTORITÀ ESTERNA?)

684.5
686.3
688.2
691.2
700



Intervention External Authority Canon
Transfer of religious to a secular institute or a society of apostolic life or from them to a religious institute Permission of the Holy See c. 684 §5

To extend an indult of exclaustration or to grant it for more than 3 years Reserved to Holy See, or
Diocesan bishop for institutes of diocesan right c. 686 §1

To grant indult of exclaustration for nuns Apostolic See c. 686 §2

Imposing exclaustration Holy See for institutes of pontifical right
Diocesan bishop for institutes of diocesan right c. 686 §3

Confirms indult of departure for institutes of diocesan right and sui iuris monasteries (for validity) Diocesan bishop c. 688 §2

Granting indult of departure for perpetually professed Apostolic See for institutes of pontifical right
Diocesan bishop for institutes of diocesan right c. 691 §2

Incardinating departed cleric A diocesan bishop who will receive him c. 693

Final decision to dismiss a member of sui iuris monastery (c. 615) Diocesan bishop c. 699 §2

Confirmation of a decree of dismissal Holy See or
Diocesan bishop for institutes of clerical right c. 700

• Note: basically, for institutes of pontifical right, the intervening external authority is the Apostolic See, and for institutes of diocesan right, it is the diocesan bishop (makes sense)

27

In the case of a religious priest that is separated from the institute--exclaustrated, leaving, dismissed--in which conditions can he exercise his priesthood? (686.1, 686.3, 693, 701)

(NEL CASO DI UN PRESBITERO RELIGIOSO CHE SI SEPARA DALL'ISTITUTO - SACERDOTE ESCLAUSTRATO, USCENTE, DIMESSO –, A QUALI CONDIZIONI EGLI PUÒ ESERCITARE IL SUO SACERDOZIO?)

686.1, 686.3
693
701

Summary: Exclaustrated: Can exercise, but needs consent of ordinary of place where he will be. Leaving: Yes, but must be subject to an ordinary to carry out for indult to be granted, and he is received experimentally or incardinates into a diocese. Dismissed: Yes, but only if he finds a bishop who accepts him after probation. Otherwise, he can be dismissed and not be able to exercise.
• Exclaustrated:
o Canon 693
o Bottom line is that a cleric must always be subject to an ordinary, whether the superior of the institute or a local bishop (cf. c. 265 ) if he wants to exercise his priesthood
o Given that the indult of exclaustration is only given (at least ad experimentum) once the priest find a benevolent receiving bishop (ad quem bishop), the priest will always be subject to an ordinary, and thus will be able to exercise his priesthood according to the norms of the universal law of the Church and the conditions placed by the ordinary (i.e., superior or benevolent bishop)
o If it were to happen that a priest was exclaustrated without a consenting bishop (NB: this consent is not a condition for validity), the priest would not be able to carry out his clerical ministry
o NB: A perpetually professed member of a religious institute who has received diaconate ordination is incardinated as a cleric in that institute acc. c. 266 §2. This incardination is NOT lost by excardination.
• Leaving:
o As with c. 693, the priest must always be under the jurisdiction of an ordinary to exercise his priestly ministry.
o Exclaustration can, and often is, granted ad experimentum for up to 5 years. This gives the receiving bishop the opportunity to receive the priest for a probationary period before incardinating him. Recall though, that after 5 years, he will be automatically incardinated ipso iure (cf. cc. 693, and 268)
• Dismissal:
o Canon 701
o As in c. 693, the dismissed cleric must find a benevolent receiving bishop before he may exercise his priestly ministry

28

Among the canons (cc. 710-730), in what point do you find the concrete application of "in saeculo et ex saeculo" of the members of secular institutes, whether from the theological or juridic point of view?

(TRA I CANONI (CANN. 710-730), IN CHE PUNTO SI TROVA L'APPLICAZIONE CONCRETA DI «IN SAECULO ET EX SAECULO» DEI MEMBRI DEGLI ISTITUTI SECOLARI SIA DAL PUNTO DI VISTA TEOLOGICO SIA DA QUELLO GIURIDICO?)

710-730
714.2

• Theological point of view:
o “In saeculo et ex saeculo” = “in the world and from within the world” (cf. c. 713 §2)
o Signifies that the members of secular institutes strive to evangelize and sanctify the world from within, like leaven in the dough
o They do so through
 Their witness of the Christian life
 Their fidelity to their consecration
 And through their efforts to order temporally things acc. to God
o See also c. 710
 There is no separation from the world, as with religious institutes (c. 607 §3)
 They are consecrated to God, but a consecration lived in the world
• We can speak of a “lay secular consecration”
 They strive for perfection
o Again, we find the principle “in saeculo et ex saeculo” in c. 714
 They are to carry out their lives in the ordinary circumstances of their daily lives, in their family, or alone, working in the world
 They may live together, but in a manner different from religious (cf. c. 607 §2)
 Generally, they do not wear any external sign of their consecration (habit, etc.)
• Juridical point of view:
o Their consecration does not change their proper canonical condition among the people of God (lay or clerical) (c. 711 )
 Clerics are incardinated in their own diocese and are subject to the diocesan bishop except in those matters pertaining to their involvement in the secular institute (c. 715 §1 )
• However, recall that some secular institutes can actually incardinate by a grant from the Apostolic See (c. 266 §3). In this case their subjection to the bishop would be like religious
o They profess evangelical counsels through ‘sacred bonds’ (c. 712 )
 The way in which the sacred bonds will be lived will be dictated by the charism and mission of the institute, as well as the constitutions of the institute
 While the vows are not necessarily received in the “name of the Church” as public vows, they are not exactly purely private vows either (see Green p. 880)
o An interesting juridical difference between religious and secular institutes is seen in the mode of preparation for admission
 For religious, the novitiate is very clearly defined and is to be 1-2 years.
 For secular institutes, much is left to the institute, and the length is to be more than 2 years (c. 722 )
• Then, the first incorporation under the evangelical counsels is to be a temporary profession of more than 5 years (c. 723 §§1 & 2 )
• These juridical norms reflect an understanding that a greater maturity is required to live one’s consecration and sacred bonds alone amidst the challenges in the world, and without the protection afforded by a religious community (separation from the world)
• The members of the secular institute must “stand on their own two feet as Christians in a world which refuses the values of the Gospel” (see Green p. 888)

29

What are the norms on the religious institutes and their members that are not applied to the SVAs and why?

(QUALI SONO LE NORME SUGLI ISTITUTI RELIGIOSI E SUOI MEMBRI CHE NON SI APPLICANO ALLE SOCIETÀ DI VITA APOSTOLICA E AI LORO MEMBRI E PERCHÉ?)

731-746

• Common norms relating to all institutes of consecrated life: cc. 573-606
• Canons specifically on religious institutes: cc. 607-709
• Canons on societies of apostolic life: cc. 731-746
• I emailed Fr. Sugawara and clarified that he wants us to look at what canons from among the common norms (cc. 573-606) AND the specific norms on religious institutes (cc. 607-709) are not applied to societies of apostolic life
• Canon 732 speaks about which canons from the general norms on consecrated life (cc. 573-606) are to be applied to societies of apostolic life (and by deduction, which are not)
o It says that cc. 578-597 and 606 are to be applied, and if they assume the evangelical counsels, cc. 598-602 apply
o Thus, from the common norms, cc. 573-577, 598-605 do not apply; however, if they assume the evangelical counsels, cc. 573-577, 603-605 do not apply (in other words, you would apply cc. 598-602 because these deal with the evangelical counsels and fraternal life)
• To see which canons from the norms on religious life per se (cc. 607-709) do not apply to societies of apostolic life (SAL), we need to look through all the canons on the latter (cc. 731-746)
o Canon 734 on the governance (i.e., constitutions) of SALs refers to cc. 617-633
o Canon 735 §2 on admission to SALs refers to cc. 642-645
o Canon 738 §2 on subjection to the diocesan bishop refers to cc. 679-683
o Canon 741 §1 on temporal goods refers to cc. 636, 638, 639
o Canon 746 on dismissal refers to cc. 694-704
o This leaves canons 607-616, 634, 635, 637, 640, 641, 646-678, 684-693, 705-709 which do not apply to SALs
• See table below
• Basically, you can see that all the canons from the common norms on ICL and from those on religious life are applied to SALs, EXCEPT those that deal with things specific to religious life

30

Explain the terms: papal cloister, works entrusted to religious, dismissal ipso facto. (667.3, 681, 694)

(SPIEGARE I TERMINI; CLAUSURA PAPALE, OPERE AFFIDATE AI RELIGIOSI, DIMISSIONE IPSO FACTO.)

667.3
681
694

• Papal Cloister
o Canon 667 §3
o A cloister regulated by the Apostolic See
o Required for monasteries of nuns which are entirely ordered to the contemplative life (e.g., Discalced Carmelites, Dominicans, Passionist, Trappestine)
o Norms for the papal cloister are found in Venite Seorsum (SCRIS, Aug. 15, 1969, AAS 61 (1969) 674-690).
o Newer norms are found in Verbi Sponsa (SCRIS, May 13, 1999)
o The current norms specify a complete material separation and bind on all the monastery (postulants, novices, professed nuns)
o They specify who can enter the cloister, and discourage egress from it
o Local ordinary has supervision over the cloister
• Works Entrusted to Religious (c. 681)
o Canon 681 §1
 The local bishop will often entrust certain works in and of the diocese to religious, who are particularly suited to them based on their charism and nature (e.g., parishes, hospitals, schools, health care facilities, social services, etc.)
 Even though he entrusts such works to religious, they remain under his authority AND direction
• Note, these are diocesan works, and thus remain under his direction. The institute’s own works, which they have a right to exercise (c. 611, 2°), only remain under his authority acc. c. 678 §1
 Canon 681 refers to the right of superiors acc. to c. 678 §§2 & 3. Paragraph 2 reminds religious of their obedience to their superior, and §3 encourages cooperation between the bishop and the superior in organizing the works of the apostolate in the diocese.
o Canon 681 §2
 It is best to clearly put into writing the following things
• What pertains to the work to be carried out
• The members to be devoted to it (personnel, responsibilities)
• Economic matters (compensation, health benefits, insurance, transportation, housing, provision for retreats, vacations, sick leave, etc.)
 The agreement may be made for a specific period of time
 In such agreements, the bishop represents the diocese and the superior represents the institute
• Dismissal ipso facto
o Canon 694 describes one of the three ways in which a member of an institute may be dismissed (ipso facto dismissal, mandatory dismissal, facultative dismissal)
o Ipso facto dismissal happens (by the act itself) when a member of an institute:
 Has notoriously defected from the Catholic faith
• Canons 750 could help to define notorious defection from the Catholic faith
• There must be clear proof in the external forum
• E.g., a religious who joins another non-Catholic religious community, receives ordination in another church or community, or who makes a public profession of faith in it
• Generally, there should be some formal act, akin to c. 1086 §1
 Has contracted marriage or attempted it (even civilly)
• Generally easy to prove through documents
o The superior must collect proofs and issue the declaration of fact; however, this declaration does not effect the dismissal, only declares it juridically