Canon Law

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book2.3 [2018/06/12 07:58] – Cor Orans amycsjbook2.3 [2019/01/16 09:17] amycsj
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 §2 In clerical pontifical Superiors have in addition the ecclesiastical power of governance, for both the external and the internal forum. §2 In clerical pontifical Superiors have in addition the ecclesiastical power of governance, for both the external and the internal forum.
  
-//Legislative power pertains to general chapters, to a limited extent province chapters; executed by major superiors; Judicial power (theoretically). Why clerical pontifical? no practical difference, merely artificial. Ordinarii of canon 129.//+//Legislative power pertains to general chapters, and to a limited extent to province chapters; executed by major superiors; Judicial power (theoretically). Why clerical pontifical? no practical difference, merely artificial. Ordinarii of canon 129.//
  
 §3 The provisions of canons 131, 133 and 137-144 apply to the authority mentioned in §1. §3 The provisions of canons 131, 133 and 137-144 apply to the authority mentioned in §1.
  
 //On delegation of power like ordinary. In error, church supplies power.// //On delegation of power like ordinary. In error, church supplies power.//
 +
 +  * The constantly shifting sands could be detected as, in 19 71, it was the opinion of the
 +De sacra hierarchia study group that it was the prerogative of the “supreme authority of the
 +Church” to determine precisely what jurisdictional power(s) could be granted to laity. 
 +By 19 79, discussion again on what would eventually become canon 596 brought to
 +the fore the recognition that dominative power was not merely private power and that it was
 +possible for laity to participate in the power of governance. The resulting canon 596,
 +according to McDonough, represents a grant by the supreme authority of the Church, in the
 +Code of Canon Law, “of potestas regiminis executiva even to superiors of lay religious institutes
 +in those cases specified in law.”  Some would even concede, according to Andrés, that with
 +canon 596, §§ 1 and 3, “The Superiors and the Chapters of all the Religious Institutes of
 +Consecrated Life enjoy a power without name and without adjective in the Code, which
 +global definition consists in the universal law and in the Constitutions of every Religious
 +Institute of Consecrated Life.” 
 +
  
 **Canon 597 Admission** §1 Every catholic with a right intention and the qualities required by universal law and the institute's law, and without impediment, may be admitted. §2 No one may be admitted without suitable preparation. //Thus far authority.// **Canon 597 Admission** §1 Every catholic with a right intention and the qualities required by universal law and the institute's law, and without impediment, may be admitted. §2 No one may be admitted without suitable preparation. //Thus far authority.//
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 **Canon 667 Enclosure** **Canon 667 Enclosure**
  
- §1 accordance with the institute's own law, there is to be in all houses an enclosure appropriate to the character and mission of the institute. Some part of the house is always to be reserved to the members alone. N: Cloister establishes a zone of privacy for the community such as Canon 220 provides for the individual; restricting the right of ingress of nonmembers and the right of egress of members. It is much more flexible than the 1917 code and much is left to the constitutions. //Sources: 604.1,2; SCR Rescr., 17 aug 1967, 3; ET 46//+ §1 In accordance with the institute's own law, there is to be in all houses an enclosure appropriate to the character and mission of the institute. Some part of the house is always to be reserved to the members alone. N: Cloister establishes a zone of privacy for the community such as Canon 220 provides for the individual; restricting the right of ingress of nonmembers and the right of egress of members. It is much more flexible than the 1917 code and much is left to the constitutions. //Sources: 604.1,2; SCR Rescr., 17 aug 1967, 3; ET 46//
  
 §2 A stricter discipline of enclosure is to be observed in monasteries which are devoted to the contemplative life. //Sources: 597-599; PC 16; ES II: 30; VS VII: 1,2// §2 A stricter discipline of enclosure is to be observed in monasteries which are devoted to the contemplative life. //Sources: 597-599; PC 16; ES II: 30; VS VII: 1,2//
  
-§3 Monasteries of cloistered nuns who are wholly devoted to the contemplative life, must observe papal enclosure, that is, in accordance with the norms given by the Apostolic See (Venite Seorsum). Other monasteries of cloistered nuns are to observe an enclosure which is appropriate to their nature and is defined in the constitutions. //Sources: 597.1, 600-603; CI Resp. III, 1 mar. 1921 (AAS 13 [1921] 177); SCR Instr. Nuper edito, 6 feb. 1924 (AAS 16 [1924] 96-101); SCR Instr. Inter cetera, 25 mar. 1956 (AAS 48 [1956] 512-526); SpC IV; SCR Instr. Inter praeclara, 23 nov. 1950, I-XVI (AAS 43 [1951] 37-41); PC 7, 16; ES II: 30-32; VS VII: 1-17.// +§3 //Abrogated by Cor Orans// Monasteries of cloistered nuns who are wholly devoted to the contemplative life, must observe papal enclosure, that is, in accordance with the norms given by the Apostolic See (Venite Seorsum). Other monasteries of cloistered nuns are to observe an enclosure which is appropriate to their nature and is defined in the constitutions. //Sources: 597.1, 600-603; CI Resp. III, 1 mar. 1921 (AAS 13 [1921] 177); SCR Instr. Nuper edito, 6 feb. 1924 (AAS 16 [1924] 96-101); SCR Instr. Inter cetera, 25 mar. 1956 (AAS 48 [1956] 512-526); SpC IV; SCR Instr. Inter praeclara, 23 nov. 1950, I-XVI (AAS 43 [1951] 37-41); PC 7, 16; ES II: 30-32; VS VII: 1-17.// 
   * [[http://w2.vatican.va/content/dam/francesco/pdf/apost_constitutions/documents/papa-francesco_costituzione-ap_20160629_vultum-dei-quaerere_en.pdf|2016 Apostolic Constitution Vultum Dei Quarere]] on women's contemplative life.   * [[http://w2.vatican.va/content/dam/francesco/pdf/apost_constitutions/documents/papa-francesco_costituzione-ap_20160629_vultum-dei-quaerere_en.pdf|2016 Apostolic Constitution Vultum Dei Quarere]] on women's contemplative life.
 +  * [[http://www.vatican.va/roman_curia/congregations/ccscrlife/documents/rc_con_ccscrlife_doc_20180401_cor-orans_en.html|2018 Implementing Instruction Cor Orans]]
 +  * Monasteries elect Papal cloister, Constitutional cloister with allowance for service or Monastic cloister with allowance for hospitality.
   * Prior legislation: [[http://w2.vatican.va/content/pius-xii/la/apost_constitutions/documents/hf_p-xii_apc_19501121_sponsa-christi.html| Sponsa Christi, 1950]]. Instruction: [[http://www.vatican.va/roman_curia/congregations/ccscrlife/documents/rc_con_ccscrlife_doc_13051999_verbi-sponsa_en.html|Verbi Sponsa 1999]], [[http://www.vatican.va/roman_curia/congregations/ccscrlife/documents/rc_con_ccscrlife_doc_19690815_de-vita-contemplativa_lt.html|Venite Seorsum, 1950]]   * Prior legislation: [[http://w2.vatican.va/content/pius-xii/la/apost_constitutions/documents/hf_p-xii_apc_19501121_sponsa-christi.html| Sponsa Christi, 1950]]. Instruction: [[http://www.vatican.va/roman_curia/congregations/ccscrlife/documents/rc_con_ccscrlife_doc_13051999_verbi-sponsa_en.html|Verbi Sponsa 1999]], [[http://www.vatican.va/roman_curia/congregations/ccscrlife/documents/rc_con_ccscrlife_doc_19690815_de-vita-contemplativa_lt.html|Venite Seorsum, 1950]]
  
-§4 The diocesan Bishop has the faculty of entering, for a just reason, the enclosure of cloistered nuns whose monasteries are situated in his diocese. For a grave reason and with the assent of the Abbess, he can permit others to be admitted to the enclosure, and permit the nuns to leave the enclosure for whatever time is truly necessary. N: Entrance requires: authorization of the bishop, consent of the Abbess and a grave and just cause - consent of the abbess is not in PM 34, but was introduced in the code; likewise, privileges for heads of state from the 1917 code are abolished. Healthcare, technical services, etc have always been permitted.  +§4 //Derogated by CO 83g, 174, 175// The diocesan Bishop has the faculty of entering, for a just reason, the enclosure of cloistered nuns whose monasteries are situated in his diocese. For a grave reason and with the assent of the Abbess, he can permit others to be admitted to the enclosure, and permit the nuns to leave the enclosure for whatever time is truly necessary. N: Entrance requires: authorization of the bishop, consent of the Abbess and a grave and just cause - consent of the abbess is not in PM 34, but was introduced in the code; likewise, privileges for heads of state from the 1917 code are abolished. Healthcare, technical services, etc have always been permitted.  
-Derogated by CO 83 g, 174, 175. //Sources: cc 600.1, 4, 601; PM 34; SCRIS Decl., 2 jan. 1970. Connections: 6.1.2,3, 17, 90, 127, 220, 607.3//+//Sources: cc 600.1, 4, 601; PM 34; SCRIS Decl., 2 jan. 1970. Connections: 6.1.2,3, 17, 90, 127, 220, 607.3// 
 +  * The superior gives permissions for entrances and exits for a just cause. 
  
 **Canon 668 Poverty** **Canon 668 Poverty**
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