Canon Law

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book2.3 [2018/09/10 14:39] – [SECTION I: INSTITUTES OF CONSECRATED LIFE] amycsjbook2.3 [2019/02/21 15:19] amycsj
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-=====Book II - Part III=====+======Book II - Part III======
  **Institutes of Consecrated Life and Societies of Apostolic Life**   **Institutes of Consecrated Life and Societies of Apostolic Life** 
 [[ReligiousLife|Notes on Religious Life]] [[ReligiousLife|Notes on Religious Life]]
-====SECTION I: INSTITUTES OF CONSECRATED LIFE==== +=====SECTION I: INSTITUTES OF CONSECRATED LIFE===== 
-===TITLE I: NORMS COMMON TO ALL INSTITUTES OF CONSECRATED LIFE===+====TITLE I: NORMS COMMON TO ALL INSTITUTES OF CONSECRATED LIFE====
  (Cann. 573 - 606) [[http://www.intratext.com/IXT/ENG0017/__P1X.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P1X.HTM|Latin]]  (Cann. 573 - 606) [[http://www.intratext.com/IXT/ENG0017/__P1X.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P1X.HTM|Latin]]
  
-**Canon  573 Consecrated Life** §1 (theo) Life consecrated through profession of the evangelical counsels is a stable form of living, in which the faithful follow Christ more closely under the action of the Holy Spirit, and are totally dedicated to God, who is supremely loved. By a new and special title they are dedicated to seek the perfection of charity in the service of God's Kingdom, for the honor of God, the building up of the Church and the salvation of the world. They are a splendid sign in the Church, as they foretell the heavenly glory. §2 (legal) Christ's faithful freely assume this manner of life in institutes of consecrated life which are canonically established by the competent ecclesiastical authority. By vows or by other sacred bonds, in accordance with the laws of their own institutes, they profess the evangelical counsels of chastity, poverty and obedience. Because of the charity to which these counsels lead, they are linked in a special way to the Church and its mystery. +**Canon  573 Consecrated Life** (Theological§1 Life consecrated through profession of the evangelical counsels is a stable form of living, in which the faithful follow Christ more closely under the action of the Holy Spirit, and are totally dedicated to God, who is supremely loved. By a new and special title they are dedicated to seek the perfection of charity in the service of God's Kingdom, for the honor of God, the building up of the Church and the salvation of the world. They are a splendid sign in the Church, as they foretell the heavenly glory.  
- +  * §2 (Legal) Christ's faithful freely assume this manner of life in institutes of consecrated life which are canonically established by the competent ecclesiastical authority. By vows or by other sacred bonds, in accordance with the laws of their own institutes, they profess the evangelical counsels of chastity, poverty and obedience. Because of the charity to which these counsels lead, they are linked in a special way to the Church and its mystery. 
-  * //Canon addresses who are these people in the church? What do we call them? Stable form of living refers to a long term commitment, and in recognized institutions. In the latin church, we have a christological approach to ecclesiastical life. Christ is an historical person, and the gospel can be captured. You can't capture the holy spirit - this is at the root of religious life. They try to make religious life Christological to capture it. Perfection of charity is questionable - all the terms are open to question. Free commitment to evangelical counsels which lead to charity. An attempt to capture the richness of religious life in a framework. Many don't //profess// evangelical counsels: obedience, stability, conversatio. Founder has an inspiration and people follow. Without canonical erectionno //religious life.// Vows from love, or to love. Maybe it's just a safe shelter.+Notes 
 +  * Identity of Religious in the Church. 
 +  * Stable form of living refers to a long term commitment, and in recognized stable institutes 
 +  * Free commitment to evangelical counsels which lead to charity.  
 +  * A way of life within legal framework. 
 +  * Many don't //profess// evangelical counsels: obedience, stability, //conversatio// 
 +  * Foundational inspiration regarding communtiy, spirituality and missionPeople gather to live the way of life. 
 +  * Without canonical recognition comes with approval of the constitutions - the legal framework. It is a recognition that this is an authentic way of living the gospelin the tradition of religious life.
   * **Theological elements** consecration, following of Christ under the guidance of the spirit, evangelical counsels, perfection of charity, eschatological significance   * **Theological elements** consecration, following of Christ under the guidance of the spirit, evangelical counsels, perfection of charity, eschatological significance
   * **Juridical elements** canonical erection of distinct forms, stability of the forms, vocation excludes other life choices, vows or other bonds, observance of proper law   * **Juridical elements** canonical erection of distinct forms, stability of the forms, vocation excludes other life choices, vows or other bonds, observance of proper law
-  * **Tri-partite vision of consecrated life** 1) profession of the evangelical counsels by vow according to approved constitutions 2) the primary project of following Christ more closely and the perfection in love, dedicated to the building of the community, 3) foretelling the fulfillment of the Gospel.//+  * **Tri-partite vision of consecrated life**  
 +    * 1) profession of the evangelical counsels by vow according to approved constitutions  
 +    * 2) the primary project of following Christ more closely and the perfection in love, dedicated to the building of the community,  
 +    * 3) foretelling the fulfillment of the Gospel.
  
-**Canon 574 Fostering the Life** §1 The state of persons who profess the evangelical counsels in these institutes belongs to the life and holiness of the Church. It is therefore to be fostered and promoted by everyone in the Church.  §2 Some of Christ's faithful are specially called by God to this state, so that they may benefit from a special gift in the life of the Church and contribute to its saving mission according to the purpose and spirit of each institute. +**Canon 574 Fostering the Life** §1 The state of persons who profess the evangelical counsels in these institutes belongs to the life and holiness of the Church. It is therefore to be fostered and promoted by everyone in the Church.  //See also Canon 207.2// 
-  * // Belongs to the life and holiness of the church - it is a stable form of life and it is a particular state of life. Religious institutes are separated from the world - one part of the life is the life itself. Marriage and family is excluded. Life and holiness came from a discussion on what is essential. They tried to develop a theology of the church in which religious have a place, they don't have a place in hierarchy, but it is essential to the life of the church. Church wouldn't be church without religious. According to the life and spirit of the institute - __spiritus__ and __fines__ (goal). Goal isn't much a part of monasticism and of canons regular. Jean Beyer SI (Flemish, wrote in French) was the principal author of this part of the code - he made the scheme that wasn't accepted in 1979. If you say it's not essential, you says it's important, lively discussion. If you legislate about cathedral chapters, no dog will bark, but talk about religious life, there will be flurry of activities, life as it is, it will be noisy and messy__Fines__ is a way of life expressed in deeds, and spiritus is the internal charism spiritualityThey blendwonderfully - but more wonderful than blendedDefinite tension in trying to name place of consecrated life in the church. The whole ecclesial community has a stake in the life as sign of the Gospel-fulfillment and help to bring about Gospel-fulfillment. RI has content of vows established universally while SI, SAL, hermitsvirgins and new forms have more freedom in defining the content and living of the counsels.//+  * §2 Some of Christ's faithful are specially called by God to this state, so that they may benefit from a special gift in the life of the Church and contribute to its saving mission according to the purpose and spirit of each institute. 
 +  * Belongs to the life and holiness of the church - it is a stable form of life and it is a particular state of life. Marriage and family are excluded.  
 +  * The place of religious in the communtiy of faith is challangeA state //status//. "Greater fulfillment""greater commitment."  
 +  * The place of religious has to be re-imagined in community that understands the "universal call to holiness,and the "universal call to mission."
  
-**Canon 575 Counsels**  The evangelical counsels, based on the teaching and example of Christ the Master, are a divine gift which the Church received from the Lord and which by His grace it preserves always. Religious life is framed 'within the church'//The whole ecclesial community has a stake in the life as sign of the Gospel-fulfillment and help to bring about Gospel-fulfillment. RI has content of vows established universally while SI, SAL, hermits, virgins and new forms have more freedom in defining the content and living of the counsels//+**Canon 575 Counsels**  The evangelical counsels, based on the teaching and example of Christ the Master, are a divine gift which the Church received from the Lord and which by His grace it preserves always.  
 +  * Religious life is framed 'within the church', a part of the community of faith 
 +  * The whole ecclesial community has a stake in the life as sign of the Gospel-fulfillment and help to bring about Gospel-fulfillment. RI has content of vows established universally while SI, SAL, hermits, virgins and new forms have more freedom in defining the content and living of the counsels
  
-**Canon 576 Interpretation of Counsels**  It is the prerogative of the competent authority in the Church to interpret the evangelical counsels, to legislate for their practice and, by canonical approval, to constitute the stable forms of living which arise from them. The same authority has the responsibility to do what is in its power to ensure that institutes grow and flourish according to the spirit of their founders and to their sound traditions. +**Canon 576 Interpretation of Counsels** It is the prerogative of the competent authority in the Church to interpret the evangelical counsels, to legislate for their practice and, by canonical approval, to constitute the stable forms of living which arise from them. The same authority has the responsibility to do what is in its power to ensure that institutes grow and flourish according to the spirit of their founders and to their sound traditions. 
-  * //Source found only in Lumen Gentium - not before, but there is a practice of exerting authority. The experts in the life would be the religious themselves. The only helpful use of this canon is in disruptive forms of religious life, e.g. Extreme penances in Cistercian history; Sylites, etc. But it is also used by hierarchs who disagree with internal life of institute, claiming it's disruptiveThe divine gift is given to the Church - the authorities will say how it works. Regularly new documents on religious life. For centuries, there was a poverty movement - renouncing any form of property. There were extreme forms. 1970s and 1980s people started to question what is Chastity and offered the third way which was not accepted. Stable forms of life derive from RL - this is artificial. But it is an institute, stable form, when it is canonically erected. Many existed for a long time before they were approved. There is internal authority and external authority. External authority shapes institution, explains and interprets evangelical counsels - gives the framework - but the founder has considerable freedom to give form and shape. Founder has the gift. External intervention should not prohibitmake impossible - they might have good intentions, but sometimes don't understand the gift. Four functions attributed to hierarchy: interpretation, legislation, confirmation and promotion of the life. These powers are especially active in the erection (579) and suppression (582.584)//+  * Source found only in Lumen Gentium - not before, but there is a practice of exerting authority.  
 +  * The experts in the life would be the religious themselves. This has lead to tensions regarding authentic expressions of religious life, as witnessed by many founders and foundresses, and many communities over the years.  
 +  * Disruptive expressions of religious life, e.g. Extreme penances in Cistercian history; Sylites, etc. But it is also used by hierarchs who disagree with internal life of institute. This is raised some problems over the years and is currently being discussed and a new document is being developed (2014)//Mutuae relationes// 1978. 
 +  * Many institutes existed for a long time before they were approved. This was the time of clarifying the gift, and sometimes waiting for church approval to 'catch-up.
 +  * Four functions attributed to hierarchy: interpretation, legislation, confirmation and promotion of the life. These powers are especially active in the erection (579) and suppression (582.584) 
 +  * Founding a community begins with a small gathering in a house, radically living the gospel, following a particular call. They are generally in informal dialogue with the bishop. Canon 579.
  
 **Canon 577 Ideal**  In the Church there are many institutes of consecrated life, with gifts that differ according to the graces given them more closely follow Christ praying, or Christ proclaiming the Kingdom of God, or Christ doing good to people, or Christ in dialog with the people of this world, but always Christ doing the will of the Father. **Canon 577 Ideal**  In the Church there are many institutes of consecrated life, with gifts that differ according to the graces given them more closely follow Christ praying, or Christ proclaiming the Kingdom of God, or Christ doing good to people, or Christ in dialog with the people of this world, but always Christ doing the will of the Father.
-  * // From Lumen Gentium. Institutes are seen as manifesting different aspects of the life of Christ. But each institute really manifests many aspects of the life of Christ. It is always about the full Christian life. Legally the institutes are different, but it is factual difference in lifestyle. That might have made a different typology. //+  * // From Lumen Gentium. Institutes are seen as manifesting different aspects of the life of Christeach institute manifesting many aspects of the life of Christ. It is always about the full Christian life. Legally the institutes are different, but it is factual difference in lifestyle, culture, spirituality, mission. // 
 + 
 +**Canon 578 Patrimony**  The whole __patrimony__ of an institute must be faithfully preserved by all. This patrimony is comprised of the __intentions of the founders__, of all that the competent ecclesiastical authority has approved concerning the __nature, purpose, spirit and character__ of the institute, and of its __sound traditions__.
  
-**Canon 578 Patrimony**  The whole patrimony of an institute must be faithfully preserved by allThis patrimony is comprised of the intentions of the founders, of all that the competent ecclesiastical authority has approved concerning the nature, purpose, spirit and character of the institute, and of its sound traditions.+  * Patrimony also called charism: particular experience of community, spirituality and justice 
 +  * Proper law of religious institutes is the foundation of internal authority.  
 +  * __Patrimonium spirituale__ - this is what makes consecrated life and people what they are.  
 +    * Shaped by the mind and the intention of the founders. Many institutes don't have a clear founder or foundational writings. NorbertinesAlexians, Josephites, etc. Patrimony is carried forward by members. Also the influence of a founding generation who help to clarify the patrimony.  
 +    * There is a difference between the founders and the institute. It takes time to clarify the identity, and it often evolves over time.  
 +  * Church authority have the task of giving things a place in the complex reality of the community of faith. Sometimes gifts have to be moderated. There can be excessive elements in the beginning - throughout the ages. Flashy customs or rituals or habits. Translation of charismatic inspiration into relations to persons - founders may take too much authority to themselves.  
 +  * Sound traditions - time will tell where wisdom lies
  
-  * // Along with Canon 587, this is the heart of the matter. Proper law of religious institutes is the foundation of internal authority. Patrimony is something new. __Patrimonium spirituale__ - this is what makes consecrated life and people what they are. It is shaped by the mind and the intention of the founders. First big problem is that many venerable institutes don't have a clear founder. So how do we explore the mind and purpose. St. Norbert went back to the apostles, picked up something of St. Augustine. Date of foundation is also ambiguous. He wanted to be a hermit and then became archbishop. At a certain point it wasn't there, then it was there, and there is something between. This isn't a stable thing, it is a question worthy of investigation. It is something that moves, can be explored, discussed. It is a moving target, but something is moving. There is a difference between the founders and the institute. __Nature, purpose, spirit and character__ of the institute. Perhaps legal multiplicity to try to pin down identity. Beyer will make a distinction. Always - as approved by the competent authority. They have the task of giving things a place in the complex reality of the people of God. Sometimes gifts have to be moderated. There can be excessive elements in the beginning - even throughout the ages. Flashy habits. Translation of charismatic inspiration into relations to persons - founders may take too much authority to themselves. Sound traditions - the things develop - monasteries with active ministries - what is a sound tradition - at least it is accepted. //+===Foundation and Suppression===
  
 **Canon 579 Establishing Diocesan Congregations** **Canon 579 Establishing Diocesan Congregations**
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   * **VC 12:** "The perennial youth of the Church continues to be evident even today. In recent years, following the Second Vatican Council, new or renewed forms of the consecrated life have arisen. In many cases, these are Institutes similar to those already existing, but inspired by new spiritual and apostolic impulses. Their vitality must be judged by the authority of the Church, which has the responsibility of examining them in order to discern the authenticity of the purpose for their foundation and to prevent the proliferation of institutions similar to one another, with the consequent risk of a harmful fragmentation into excessively small groups."   * **VC 12:** "The perennial youth of the Church continues to be evident even today. In recent years, following the Second Vatican Council, new or renewed forms of the consecrated life have arisen. In many cases, these are Institutes similar to those already existing, but inspired by new spiritual and apostolic impulses. Their vitality must be judged by the authority of the Church, which has the responsibility of examining them in order to discern the authenticity of the purpose for their foundation and to prevent the proliferation of institutions similar to one another, with the consequent risk of a harmful fragmentation into excessively small groups."
  
-  * Book II Part I: Assns of the Xn Faithful: __De facto__ assn c. 298-299. draw up statutes. __Private Assn__ +  * Founding a community begins with a small gathering in a house, radically living the gospel, following a particular call. They are generally in informal dialogue with the bishop. [[http://a.co/4RSRGar| //See I Am Making Something New - on founding an institute]] 
 +    * When a group begins to have a public presence in the local church they may become: 1) a de facto association, 2) a private association of the christian faithful, 3) a public association of the christian faithful. Book II Part I: Assns of the Xn Faithful: __De facto__ assn c. 298-299. draw up statutes. __Private Assn__. __Public Assn.__ 
 +    * The bishop consults the Apostolic See before erecting a religious congregation.  
 +    * The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL) is competent. They will generally require some indicia of vitality and stability, new spiritual and apostolic impulses, and authenticity of life and mission. Required for validity: AAS 108 (2016) 696  
 +    * Pastor Bonus 105-111 outlines the role of CICL 
 +      * Art. 105 — The principal function of the Congregation for Institutes of Consecrated Life and for Societies of Apostolic Life is to promote and supervise in the whole Latin Church the practice of the evangelical counsels as they are lived in approved forms of consecrated life and, at the same time, the work of societies of apostolic life. 
 +      * Art. 106 — § 1. The Congregation erects and approves religious and secular institutes and societies of apostolic life, or passes judgement on the suitability of their erection by the diocesan bishop. It also suppresses such institutes and societies if necessary. 
 +      * § 2. The Congregation is also competent to establish, or, if need be, to rescind, the unions or federations of institutes and societies. 
 +      * Art. 107 — The Congregation for its part takes care that institutes of consecrated life and societies of apostolic life grow and flourish according to the spirit of their founders and healthy traditions, faithfully follow their proper purpose and truly benefit the salvific mission of the Church. 
 +      * Art. 108 — § 1. It deals with everything which, in accordance with the law, belongs to the Holy See concerning the life and work of the institutes and societies, especially the approval of their constitutions, their manner of government and apostolate, the recruitment and training as well as the rights and obligations of members, dispensation from vows and the dismissal of members, and the administration of goods. 
 +      * § 2. However, the organization of philosophical and theological studies and other academic subjects comes within the competence of the Congregation of Seminaries and Institutes of Studies. 
 +      * Art. 109 — It is the function of this Congregation to establish conferences of major superiors of men and women religious, to grant approval to their statutes and to give great attention in order that their activities are directed to achieving their true purpose. 
 +      * Art. 110 — The Congregation has competence also regarding eremetical life, the order of virgins and their associations as well as other forms of consecrated life. 
 +      * Art. 111 — Its competence also embraces the third orders and associations of the faithful which are erected with the intention that, after a period of preparation, they may eventually become institutes of consecrated life or societies of apostolic life.
   * File is sent to Rome with required documents. 1) name and CV of founder and superior. 2) historical / juridical narrative. 3) Constitution and secondary document. 4) Picture of habit. 5) Up-to-date membership statistics. 6) Finances. 7) Extraordinary experiences and miracles. 8) Testimonial letters from bishops on usefulness, stability, discipline, formation, government, temporal administration, liturgical & sacramental dimension, ecclesial sense.   * File is sent to Rome with required documents. 1) name and CV of founder and superior. 2) historical / juridical narrative. 3) Constitution and secondary document. 4) Picture of habit. 5) Up-to-date membership statistics. 6) Finances. 7) Extraordinary experiences and miracles. 8) Testimonial letters from bishops on usefulness, stability, discipline, formation, government, temporal administration, liturgical & sacramental dimension, ecclesial sense.
- 
   * Many studies: McDermott, Wiesenbeck, CARA. 120 new communities, 30% no response, Private assn 23%, Public Assn 29%, Religious Inst 15%.   * Many studies: McDermott, Wiesenbeck, CARA. 120 new communities, 30% no response, Private assn 23%, Public Assn 29%, Religious Inst 15%.
- +  * CICLSAL likes about 5-10 years in each step. and about 40 people for diocesan and 100 for pontifical. Prefers orderly approach: private assn, public assn, diocesan, pontifical.
-  * CICLSAL likes about 5-10 years in each step. and about 40 people for diocesan and 100 for pontifical.  Can't skip stages, private, public, diocesan, pontifical.+
   * Some associates and oblates associated to older institutes. Not to be religious, but canonical and associated.   * Some associates and oblates associated to older institutes. Not to be religious, but canonical and associated.
- +  * This is examined by two persons and forwarded to Prefect. CDF may be consulted. In granting the Nihil obstat is received, the bishop can erect as diocesan bishop. Superior professes vows before bishop. Then the rest profess vows before the superior.   [[http://a.co/1nAtBuC | See I am Making Something New]]
-  * This is examined by two persons and forwarded to Prefect. CDF may be consulted. In granting the Nihil obstat is received, the bishop can erect as diocesan bishop. Superior professes vows before bishop. Then the rest profess vows to the superior.   [[http://a.co/1nAtBuC | See I am Making Something New]]+
  
  
 **Canon 580 Aggregation**  The aggregation of one institute of consecrated life to another is reserved to the competent authority of the aggregating institute, always safeguarding the canonical autonomy of the other institute. **Canon 580 Aggregation**  The aggregation of one institute of consecrated life to another is reserved to the competent authority of the aggregating institute, always safeguarding the canonical autonomy of the other institute.
  
-  * // Aggregation is a relationship between two autonomous institutes - the aggregating institute's competent authority  is responsible for making the arrangements. // +  * Aggregation is a relationship between two autonomous institutes - the aggregating institute's competent authority is responsible for making the arrangements.  
- +  E.g. between Dominicans, Franciscans, Carmelites, Benedictines.  
-**Canon 581 Parts**  It is for the competent authority of the institute to divide the institute into parts, by whatever name these may be called, to establish new parts, or to unite or otherwise modify those in existence, in accordance with the constitutions.+  Sharing resources, spirituality, and mission, while remaining autonomous institutes.  
 +  * Under the authority of the agreggating institute.
  
-  // Dividing institutes is up to the internal competent authority. Constitutions are approved and define how this happens. The model of the legislator is that of religious institute devoted to apostolic work with centralized leadership and provinces. This really doesn't fit monastic life. Benedictines speak of congregations (federations), Norbertines have circuits (circaries), the abbot appoints the circary, but doesn't have authority unless the circuit is cut off from the Abbot General. //+**Canon 581 Parts**  It is for the competent authority of the institute to divide the institute into parts, by whatever name these may be called, to establish new parts, or to unite or otherwise modify those in existence, in accordance with the __constitutions__. 
 +  *  Dividing institutes is up to the __internal competent authority__. 
 +  *  Constitutions are approved and define how this happens.  
 +  * The model is an apostolic religious institute with centralized leadership and provinces. This really doesn't fit monastic life. Benedictines speak of congregations (federations), Norbertines have circuits (circaries), the abbot appoints the circary, but doesn't have authority unless the circuit is cut off from the Abbot General.  
 +  * Uniting parts, suppressing provinces - generally notify the local bishop, but no permission is required.
  
 **Canon 582 Restructuring**  Fusions and unions of institutes of consecrated life are reserved to the Apostolic See alone. To it are likewise reserved confederations or federations. **Canon 582 Restructuring**  Fusions and unions of institutes of consecrated life are reserved to the Apostolic See alone. To it are likewise reserved confederations or federations.
- +  * Fusion - small institute gets joined to a big one - small institute is suppressed.  
-// Fusion - small institute gets joined to a big one - small institute is suppressed. Two or more of same size join. Holy see ensures justice. Independent abbeys are completely responsible for everthing - are urged to federate. Federation of the canonesses of the holy seplechre. Confederation is a federation of federations. E.g. the benedictines have congregations which are federations of independent houses. All these are confederated under an Abbot Primus. Same with Canons Regular of St. Augustine, also non-reformed Cistercians. OCSO is a federation of independent houses. The separate religious families have patrimony, and they have the structures of the same name, but they have different roles and functions within their institutes. What can be done on a lower level, it is best to do it here. But what about competence, e.g. in a small diocese without a vicar for religious. //+  * Union - Two or more of same size join.  
 +  * Holy see ensures justice and the good of all institutes and local churches. There is a lengthy process to ensure all rights and obligations are respected.   
 +  * Federations are collaborative groups of independent congregations. Independent abbeys are completely responsible for everthing - are urged to federate. Confederation is a federation of federations. E.g. the benedictines have congregations which are federations of independent houses. All these are confederated under an Abbot Primate. Same with Canons Regular of St. Augustine, also non-reformed Cistercians. OCSO is a federation of independent houses. The separate religious families have patrimony, and they have the structures of the same name, but they have different roles and functions within their institutes. What can be done on a lower level, it is best to do it here. But what about competence, e.g. in a small diocese without a vicar for religious. 
  
 **Canon 583 Changes**  Changes in institutes of consecrated life which affect elements previously approved by the Apostolic See, cannot be made without the permission of the same See. **Canon 583 Changes**  Changes in institutes of consecrated life which affect elements previously approved by the Apostolic See, cannot be made without the permission of the same See.
 +  * Basic principle of law
  
 **Canon 584 Suppression** Only the Apostolic See can suppress an institute and dispose of its temporal goods. **Canon 584 Suppression** Only the Apostolic See can suppress an institute and dispose of its temporal goods.
  
-// Suppression of an institute - this really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves. The institute is just few stampsetc//+  * This really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves and their suppression is a significant occurancebut internal to the institute.  
 +  * Also, Canon 123: On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, are determined by law and the statutes. If these do not deal with the matter, the arrangements devolve upon the next higher juridical person, always with due regard for the wishes of the founders or benefactors and for acquired rights. On the extinction of a private juridical person, the arrangements for its goods and liabilities are governed by its own statutes 
  
 **Canon 585 Suppression of Parts**  The competent authority of an institute can suppress parts of the same institute. **Canon 585 Suppression of Parts**  The competent authority of an institute can suppress parts of the same institute.
  
 **Canon 586 Autonomy**  §1 A true autonomy of life, especially of governance, is recognized for each institute. This autonomy means that each institute has its own discipline in the Church and can preserve whole and entire the patrimony described in can. 578.  §2 Local Ordinaries have the responsibility of preserving and safeguarding this autonomy. **Canon 586 Autonomy**  §1 A true autonomy of life, especially of governance, is recognized for each institute. This autonomy means that each institute has its own discipline in the Church and can preserve whole and entire the patrimony described in can. 578.  §2 Local Ordinaries have the responsibility of preserving and safeguarding this autonomy.
 +  * True autonomy of life within the Church, for internal discipline and preservation of patrimony. 
 +  * The possibility to shape one's own rules is recognized: regimen and disciplina - chiefly internal elements are autonomous. 
 +  * A work of the apostolate entrusted to an institute will be done according to their own spirit / charism. But this particularly affects governance and life in community. 
 +  * External authority is to __foster__ this autonomy. 
  
-// True autonomy of life within the Church, for internal discipline and preservation of patrimony. The possibility to shape one's own rules is recognized: regimen and disciplina - chiefly internal elements are autonomous. A work entrusted will be done according to their own spirit / charism. But this particularly affects governance and life in community. External authority is to __foster__ this autonomy. //+===Proper Law===
  
 **Canon 587 Constitutions**  §1 To protect more faithfully the vocation and identity of each institute, the fundamental code or constitutions of the institute are to contain, in addition to those elements which are to be preserved in accordance with can. 578, basic norms about the governance of the institute, the discipline of the members, the admission and formation of members, and the proper object of their sacred bonds. §2 This code is approved by the competent ecclesiastical authority, and can be changed only with the consent of the same. §3 In the constitutions, the spiritual and juridical elements are to be aptly harmonized. Norms, however, are not to be multiplied without necessity. §4 Other norms which are established by the competent authority of the institute are to be properly collected in other codes, but these can be conveniently reviewed and adapted according to the needs of time and place. **Canon 587 Constitutions**  §1 To protect more faithfully the vocation and identity of each institute, the fundamental code or constitutions of the institute are to contain, in addition to those elements which are to be preserved in accordance with can. 578, basic norms about the governance of the institute, the discipline of the members, the admission and formation of members, and the proper object of their sacred bonds. §2 This code is approved by the competent ecclesiastical authority, and can be changed only with the consent of the same. §3 In the constitutions, the spiritual and juridical elements are to be aptly harmonized. Norms, however, are not to be multiplied without necessity. §4 Other norms which are established by the competent authority of the institute are to be properly collected in other codes, but these can be conveniently reviewed and adapted according to the needs of time and place.
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 **Canon 593 Pontifical Right** In their internal governance and discipline, pontifical institutes are subject directly and exclusively to the authority of the Apostolic See, without prejudice to canon 586. **Canon 593 Pontifical Right** In their internal governance and discipline, pontifical institutes are subject directly and exclusively to the authority of the Apostolic See, without prejudice to canon 586.
- +  * When there is a serious problem - solution starts at the local level, then institute, then holy see. But they can't change the nature of the institute. Power shouldn't be arbitrary - if it is, you don't have to accept.//
-//When there is a serious problem - solution starts at the local level, then institute, then holy see. But they can't change the nature of the institute. Power shouldn't be arbitrary - if it is, you don't have to accept.//+
  
 **Canon 594 Diocesan Right** An institute of diocesan right remains under the special care of the diocesan Bishop, without prejudice to canon 586. **Canon 594 Diocesan Right** An institute of diocesan right remains under the special care of the diocesan Bishop, without prejudice to canon 586.
  
 **Canon 595 Diocesan Bishop** §1 Bishop of the principal house approves the constitutions, confirms changes, except for matters of interest __manu apposuerit__ to the Apostolic See. He also deals with major affairs. If the institute had spread to other dioceses, he consults other bishops. **Canon 595 Diocesan Bishop** §1 Bishop of the principal house approves the constitutions, confirms changes, except for matters of interest __manu apposuerit__ to the Apostolic See. He also deals with major affairs. If the institute had spread to other dioceses, he consults other bishops.
- +    * Consulting many bishops can be cumbersome. Founding house, or center house. 
-//Consulting many bishops can be cumbersome. Founding house, or center house.// +  §2 He also grants dispensations in particular cases. 
- +    Wherever the community exists, e.g. dispensing second year of novitiate.
-§2 He also grants dispensations in particular cases. +
- +
-//Wherever the community exists, e.g. dispensing second year of novitiate.//+
  
 **Canon 596 Authority** §1 Superiors and Chapters of institutes have that authority over the members which is defined in the universal law and in the constitutions. **Canon 596 Authority** §1 Superiors and Chapters of institutes have that authority over the members which is defined in the universal law and in the constitutions.
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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.//
  
 +===Vows===
 **Canon 598 Vows and Constitutions** §1 Each institute, according to its special character and purposes, to define in constitutions way of lifing the evangelical counsels of chastity, poverty and obedience. **Canon 598 Vows and Constitutions** §1 Each institute, according to its special character and purposes, to define in constitutions way of lifing the evangelical counsels of chastity, poverty and obedience.
  
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 **Canon 580 Aggregation**  The aggregation of one institute of consecrated life to another is reserved to the competent authority of the aggregating institute, always safeguarding the canonical autonomy of the other institute. **Canon 580 Aggregation**  The aggregation of one institute of consecrated life to another is reserved to the competent authority of the aggregating institute, always safeguarding the canonical autonomy of the other institute.
 +===Forms===
 **Canon 603 Hermit** Can. 603 §1 Besides institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful **withdraw** further from the world and devote their lives to the **praise** of God and the salvation of the world through the **silence of solitude** and through constant **prayer and penance.** **Canon 603 Hermit** Can. 603 §1 Besides institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful **withdraw** further from the world and devote their lives to the **praise** of God and the salvation of the world through the **silence of solitude** and through constant **prayer and penance.**
 Can. 603 §2 Hermits are recognized by law as dedicated to God in consecrated life if, in the hands of the diocesan Bishop, they publicly profess, by a vow or some other sacred bond, the **three evangelical counsels,** and then lead their particular **form of life** under the **guidance** of the diocesan Bishop  //Groves, Robert. “Hermits & Consecrated Virgins.” Canon Law Society of America Proceedings 46 (1984): 141–148. Plan of life should include understanding of vows, solitude, relation to bishop, living, social dimension.// [[http://a.co/1nAtBuC | See I am Making Something New]] Can. 603 §2 Hermits are recognized by law as dedicated to God in consecrated life if, in the hands of the diocesan Bishop, they publicly profess, by a vow or some other sacred bond, the **three evangelical counsels,** and then lead their particular **form of life** under the **guidance** of the diocesan Bishop  //Groves, Robert. “Hermits & Consecrated Virgins.” Canon Law Society of America Proceedings 46 (1984): 141–148. Plan of life should include understanding of vows, solitude, relation to bishop, living, social dimension.// [[http://a.co/1nAtBuC | See I am Making Something New]]
  
  
-**Canon 604 Virgins** §1 The order of virgins also exist. Virgins are consecrated to God liturgically by the bishop, mystically espoused to Christ and dedicated to the service of the Church. §2 They can be associated for mutual assistance.   //Ascendit - associated like apostolic life.// [[http://a.co/1nAtBuC | See I am Making Something New]]+**Canon 604 Virgins** §1 The order of virgins also exist. Virgins are consecrated to God liturgically by the bishop, mystically espoused to Christ and dedicated to the service of the Church. §2 They can be associated for mutual assistance.   //Ascendit - associated like apostolic life.// [[http://a.co/1nAtBuC | See I am Making Something New]] [[http://www.vatican.va/roman_curia/congregations/ccscrlife/documents/rc_con_ccscrlife_doc_20180608_istruzione-ecclesiaesponsaeimago_en.html | Ecclesiae sponsae imago, 2018]]
  
 **Canon 605 New Forms**  The approval of new forms is reserved to the Apostolic See. Diocesan Bishops, however, help discern new gifts of consecrated life from the Holy Spirit gives. They assist promoters in articulating and developing the life and statutes. [[http://a.co/1nAtBuC | See I am Making Something New]] **Canon 605 New Forms**  The approval of new forms is reserved to the Apostolic See. Diocesan Bishops, however, help discern new gifts of consecrated life from the Holy Spirit gives. They assist promoters in articulating and developing the life and statutes. [[http://a.co/1nAtBuC | See I am Making Something New]]
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 **Canon 606 Gender**  Law applies equally for both sexes. **Canon 606 Gender**  Law applies equally for both sexes.
  
-===TITLE II: RELIGIOUS INSTITUTES===+====TITLE II: RELIGIOUS INSTITUTES====
  (Cann. 607 - 709) [[http://www.intratext.com/IXT/ENG0017/__P1Y.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P1Y.HTM|Latin]]  (Cann. 607 - 709) [[http://www.intratext.com/IXT/ENG0017/__P1Y.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P1Y.HTM|Latin]]
  
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  §3 For the validity of alienation, and of any transaction by which the patrimonial condition of the juridical person could be adversely affected there is required the written permission of the competent Superior, given with the consent of his or her council. Moreover, the permission of the Holy See is required if the transaction involves a sum exceeding that which the Holy See has determined for each region, or if it concerns things donated to the Church as a result of a vow, or objects which are precious by reason of their artistic or historical value.  §3 For the validity of alienation, and of any transaction by which the patrimonial condition of the juridical person could be adversely affected there is required the written permission of the competent Superior, given with the consent of his or her council. Moreover, the permission of the Holy See is required if the transaction involves a sum exceeding that which the Holy See has determined for each region, or if it concerns things donated to the Church as a result of a vow, or objects which are precious by reason of their artistic or historical value.
  
- §4 For the autonomous monasteries mentioned in can. 615, and for institutes of diocesan right, the written consent of the diocesan Bishop is necessary. Derogated by CO 52, 81d, 108 //See Perlasca, Alberto. “La Capacità Patrimoniale Degli Istituti Religiosi.” Quaderni Di Diritto Ecclesiale 22, no. 1 (2009): 118–129.//+ §4 For the autonomous monasteries mentioned in can. 615, and for institutes of diocesan right, the written consent of the diocesan Bishop is necessary. Derogated by CO 52, 81d, 108 //See Perlasca, Alberto. “La Capacità Patrimoniale Degli Istituti Religiosi.” Quaderni Di Diritto Ecclesiale 22, no. 1 (2009): 118–129. [[http://www.vatican.va/roman_curia/congregations/ccscrlife/documents/CIVCSVA_lettera-circolare-gesione-beni_20140802.pdf|Guidelines on Managment 2014 // 
  
 **Canon 639 Debts** **Canon 639 Debts**
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  Conferences of major Superiors are to have their own statutes, which must be approved by the Holy See. Only the Holy See can establish them or give them juridical personality. They remain under the ultimate direction of the Holy See.  Conferences of major Superiors are to have their own statutes, which must be approved by the Holy See. Only the Holy See can establish them or give them juridical personality. They remain under the ultimate direction of the Holy See.
  
-===TITLE III: SECULAR INSTITUTES===+====TITLE III: SECULAR INSTITUTES====
  (Cann. 710 - 730) [[http://www.intratext.com/IXT/ENG0017/__P2E.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2E.HTM|Latin]]  (Cann. 710 - 730) [[http://www.intratext.com/IXT/ENG0017/__P2E.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2E.HTM|Latin]]
  
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 **Canon 730 Transfer** For a member to transfer from one secular institute to another, the provisions of can. 684 §§1, 2, 4 and 685, are to be observed. A transfer to or from another kind of institute of consecrated life requires the permission of the Apostolic See, whose instructions must be followed. **Canon 730 Transfer** For a member to transfer from one secular institute to another, the provisions of can. 684 §§1, 2, 4 and 685, are to be observed. A transfer to or from another kind of institute of consecrated life requires the permission of the Apostolic See, whose instructions must be followed.
  
-====SECTION II: SOCIETIES OF APOSTOLIC LIFE====+=====SECTION II: SOCIETIES OF APOSTOLIC LIFE=====
  (Cann. 731 - 746) [[http://www.intratext.com/IXT/ENG0017/__P2F.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2F.HTM|Latin]]  (Cann. 731 - 746) [[http://www.intratext.com/IXT/ENG0017/__P2F.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2F.HTM|Latin]]
  
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