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book2.3 [2018/09/10 14:39] – [SECTION I: INSTITUTES OF CONSECRATED LIFE] amycsj | book2.3 [2019/03/26 10:52] – amycsj | ||
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- | =====Book II - Part III===== | + | ======Book II - Part III====== |
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[[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==== |
| | ||
- | **Canon | + | **Canon |
- | + | | |
- | * //Canon addresses who are these people | + | * §2 (Legal) Christ' |
+ | Notes | ||
+ | * Identity of Religious | ||
+ | * Consecration has many meanings in the community of faith: baptism, confirmation, | ||
+ | * Stable form of living refers to a life-long commitment, and in recognized | ||
+ | * Free commitment to evangelical counsels which lead to charity, a deeper commitment to Gospel-living. | ||
+ | * A way of life within | ||
+ | * Some don't //profess// evangelical counsels: obedience, stability, | ||
+ | * Foundational | ||
+ | * Canonical recognition comes with approval of the constitutions - the legal framework. It is a recognition that this is an authentic way of living the gospel, in the tradition of religious life. | ||
* **Theological elements** consecration, | * **Theological elements** consecration, | ||
* **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** |
+ | | ||
+ | * 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. | + | **Canon 574 Fostering the Life** |
- | * // 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 | + | |
+ | * §2 Some of Christ' | ||
+ | * 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 | ||
+ | * The place of religious in the community | ||
+ | * The place of religious has to be re-imagined | ||
- | **Canon 575 Counsels** | + | **Canon 575 Counsels** |
+ | * Religious life is framed ' | ||
+ | * 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** | + | **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. | + | * 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. | ||
+ | * Disruptive expressions | ||
+ | * Many institutes | ||
+ | * Four functions attributed to hierarchy: interpretation, | ||
+ | * Founding a community begins with a small gathering in a house, radically living the gospel, following a particular call, in informal dialogue with the bishop. Canon 579. | ||
**Canon 577 Ideal** | **Canon 577 Ideal** | ||
- | * // From Lumen Gentium. Institutes are seen as manifesting different aspects of the life of Christ. But each institute | + | * // From Lumen Gentium. Institutes are seen as manifesting different aspects of the life of Christ, each institute |
- | **Canon 578 Patrimony** | + | **Canon 578 Patrimony** |
- | * // Along with Canon 587, this is the heart of the matter. Proper law of religious institutes is the foundation of internal authority. | + | * 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 | ||
+ | * There is a difference between the founders and the institute. | ||
+ | * Church | ||
+ | * Sound traditions - time will tell where wisdom lies. | ||
+ | |||
+ | ==Foundation and Suppression== | ||
**Canon 579 Establishing Diocesan Congregations** | **Canon 579 Establishing Diocesan Congregations** | ||
Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories. | Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories. | ||
- | * Diocesan bishop can erect an institute, but must: consult the holy see - but actually they must approve - 1989 there was a discourse, but no formal legislation or instruction. Now, the consultation "is to be understood as necessary for the validity of the erection of a diocesan institute of consecrated life," according to a [[http:// | + | * Diocesan bishop can erect an institute, but must: consult the holy see - but actually they must approve - 1989 there was a discourse, but no formal legislation or instruction. Now, the consultation "is to be understood as necessary for the validity of the erection of a diocesan institute of consecrated life," according to a [[http:// |
+ | * CF MR 57 | ||
* **PC 19:** In a new institute, look for for original inspiration, | * **PC 19:** In a new institute, look for for original inspiration, | ||
Line 37: | Line 69: | ||
* **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:// |
+ | * When a group begins to have a public presence in the local church they may become: 1) a de facto association, | ||
+ | * 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, | ||
+ | * § 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, | ||
* 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, | * 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, | ||
- | |||
* Many studies: McDermott, Wiesenbeck, CARA. 120 new communities, | * Many studies: McDermott, Wiesenbeck, CARA. 120 new communities, | ||
- | + | | |
- | | + | |
* 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. | ||
- | * 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. | ||
+ | **Canon 580 Aggregation** | ||
- | **Canon 580 Aggregation** The aggregation of one institute of consecrated life to another | + | |
+ | * E.g. between Dominicans, Franciscans, | ||
+ | * Sharing resources, spirituality, | ||
+ | * Under the authority | ||
- | * // Aggregation is a relationship between two autonomous institutes - the aggregating institute' | + | **Canon 581 Parts** |
- | + | * Dividing institutes is up to the __internal | |
- | **Canon 581 Parts** | + | * Constitutions are approved and define how this happens. |
- | + | * The model is an apostolic | |
- | * // Dividing institutes is up to the internal | + | * Uniting parts, suppressing provinces - generally notify the local bishop, but no permission is required. |
+ | * CIC17 reserved this to the Holy See for pontifical institutes. | ||
**Canon 582 Restructuring** | **Canon 582 Restructuring** | ||
- | + | * Fusion - small institute gets joined to a larger | |
- | // 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 | + | * Union - Two or more of same size join - all former institutes are suppressed and a new one is erected with new constitutions and new elections of leadership. |
+ | * Holy see ensures justice | ||
+ | * Federations are collaborative groups of independent congregations. Independent abbeys are completely responsible for everthing | ||
+ | *CO requires contemplative monasteries to federate. | ||
**Canon 583 Changes** | **Canon 583 Changes** | ||
+ | * 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 | + | * This really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves |
+ | * Also, Canon 123: On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, | ||
+ | * Increasingly important as many institutes in Europe and North America are declining. | ||
- | **Canon 585 Suppression of Parts** | + | **Canon 585 Suppression of Parts** |
+ | * The complement to canon 581 - division into parts. | ||
- | **Canon 586 Autonomy** | + | **Canon 586 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__ | ||
- | // 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 (Ius Proprium)== |
- | **Canon 587 Constitutions** | + | **Canon 587 Constitutions** |
+ | * §1 To protect more faithfully the __vocation | ||
+ | * in addition to those elements which are to be preserved in accordance with can. 578, | ||
+ | * __basic norms__ | ||
+ | * 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, | ||
+ | * §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. | ||
- | // CORE CANON in RELIGIOUS LAW. To protect __identity__ = __vocation__. | + | * To protect __identity__ = __vocation__. |
+ | * This is identity in a nutshell - it continues to be lived out and to evolve over time. | ||
+ | * Fundamental norms are those connected to Charism | ||
+ | * identity; | ||
+ | * governance; | ||
+ | * life together (discipline); | ||
+ | * incorporation, | ||
+ | * vows (proper object = way of observing). | ||
+ | * Way of governing springs from the charism - when law is written well, then you should be able to determine the spirit from that. Council of major superior is important to the way of a lifestyle - how would a carthusian council differ from an apostolic order. | ||
+ | * In some communities, | ||
+ | * Spiritual and juridic elements are to be suitably joined. The two should be linked in such a way as to show the link of norms and spiritual identity. | ||
+ | * Constitutions are best short and concise. Elementary, core matters. What would make us different if we were changed. 1921, 1910 norms on how to make constitutions - too detailed. External approval makes it harder to change. Essentials are in constitutions; | ||
+ | * CIC83 left more to individual institutes to determine than CIC17 | ||
+ | * **" | ||
+ | * Sodales is used in the 1983 code, in preference to Religioso/ | ||
+ | * This is in an attempt to us a gender neutral term. However, it has caused some trouble in the interpretation. In the US, in English, the word " | ||
- | Legislative power is a big thing - and if there are other legislators - do they exercise jurisdiction - ubi sociatas, ibi legis. So __codice__ here means law or just book. Sometimes there is a more clarity in the distinct forms of life. Way of governing springs from the charism - when law is written well, then you should be able to determine the spirit from that. Council of major superior is important to the way of a lifestyle - how would a carthusian council differ from an apostolic order. Elected stresses the group leadership - in abbeys, individual leadership is more connected with the identity. Spiritual and juridic elements are to be suitably joined. The two should be linked in such a way as to show the link of norms and spiritual identity. Constitutions are best short and concise. Elementary, core matters. What would make us different if we were changed. 1921, 1910 norms on how to make constitutions - too detailed. If there is no external approval - there is too ready change. Also respect the hierarchy of norms - what is essential is in constitutions; | + | **Canon 588 Clerical nor Lay** |
- | + | * §1 In itself, consecrated life is neither clerical nor lay. | |
- | **Canon 588 Clerical nor Lay** §1 In itself, consecrated life is neither clerical nor lay. §2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognized as such by ecclesiastical authority. §3 A lay institute is one which is recognized as such by ecclesiastical authority because, by its nature, character and purpose, its proper role, defined by its founder or by lawful tradition, does not include the exercise of sacred orders. | + | * §2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognized as such by ecclesiastical authority. |
- | + | * §3 A lay institute is one which is recognized as such by ecclesiastical authority because, by its nature, character and purpose, its proper role, defined by its founder or by lawful tradition, does not include the exercise of sacred orders. | |
- | // | + | * Some institutes are neither |
+ | * CIC17 was pragmatic - you are clerical if a majority of the institute are clerics. A group may go back and forth, but at least the distinction is clear. Clerical = by tradition, under the direction of clerics, assumes exercise of sacred orders, and recognized as such. It gives more rights against the bishop, even if it is inconsistent with the way of life. The very notion of cleric has evolved - in the 12th century it was associated with the ability to read and write. | ||
+ | * Franciscans have a tradition | ||
**Canon 589 Pontifical Right** | **Canon 589 Pontifical Right** | ||
- | + | * Generally start as diocesan | |
- | //Generally start as diocesan after consulting Rome. All institutes have the autonomy to cultivate their charism / Spiritual patrimony. Diocesan bishop has external authority only; greater or smaller; diocesan is a local reality - if it spreads, it may become pontifical. Holy See can found directly | + | * All institutes have the autonomy to cultivate their charism / Spiritual patrimony. |
+ | * Diocesan bishop has external authority only; diocesan is a local reality - if it spreads, it may become pontifical. | ||
+ | * Holy See can found directly, though this is rare, e.g. 1980 reintegration of traditionalists. Also Benedictine | ||
+ | * Apostolic institutes of women religious formally approved only in 1990, Leo XIII, //Condite a Christo// | ||
**Canon 590 Whole Church** | **Canon 590 Whole Church** | ||
- | + | * Like all Catholics. Special vocation gives rise to special attention. §2 more a matter of devotion; but implies pope is internal superior. For the members of these Religious Institutes are, at all times and in all places, subject principally to the Roman Pontiff, as to their highest Superior (Canon | |
- | //Like all Catholics. Special vocation gives rise to special attention | + | |
**Canon 591 Exemption** | **Canon 591 Exemption** | ||
- | + | * Historical notion. Ex-emere bought out, set free. Identity and vocation bring a rightful autonomy - Freedom in the spirit, freedom of the children of God. In practice these concepts are mixed: exemption and rightful autonomy. | |
- | //Since the code, this hasn't happened. Ex-emere bought out, set free. Identity and vocation bring a rightful autonomy - Freedom in the spirit, freedom of the children of God. In practice these concepts are mixed: exemption and rightful autonomy. First exempt institute was Cluny with daughter houses. Before all religious were under diocesan bishop as all the faithful. Time of western schism, popes tried to bind people to them by privileges, e.g. exemption of religious, most exempt. But ministry, fundraising was a problem for the bishop. They tried to abolish at Trent, but didn't succeed. | + | * First exempt institute was Cluny with daughter houses. Before all religious were under diocesan bishop as all the faithful. Time of western schism, popes tried to bind people to them by privileges, e.g. exemption of religious, most exempt. But ministry, fundraising was a problem for the bishop. They tried to abolish at Trent, but didn't succeed. |
+ | * Exemption as a privilege in the old sense doesn' | ||
**Canon 592 Communion with Rome** §1 To promote communion, each supreme Moderator is to send a __brief__ account of the state and life of the institute to the same Apostolic See, in the manner and at the time it lays down. | **Canon 592 Communion with Rome** §1 To promote communion, each supreme Moderator is to send a __brief__ account of the state and life of the institute to the same Apostolic See, in the manner and at the time it lays down. | ||
- | //The report is long - a book. Also annual report.// | + | * [[http://www.vatican.va/roman_curia/congregations/ |
+ | * quinquennial - generally tied to the chapter cycle of an institute, usually 4-6 years. | ||
§2 Moderators of each institute are to promote a knowledge of the documents issued by the Holy See which affect the members entrusted to them, and are to ensure observance. | §2 Moderators of each institute are to promote a knowledge of the documents issued by the Holy See which affect the members entrusted to them, and are to ensure observance. | ||
**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. | |
- | //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. | + | |
**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, | + | **Canon 595 Diocesan Bishop** |
- | + | | |
- | //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.// | + | |
**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. | ||
+ | * This is a classical division: __Potestas jurisdictionis__: | ||
+ | * __Potestas dominativa__ - vocation, entrance, admitted when superior admits the authenticity of the vocation, she accepts the institute as the embodiment of her vocation. The authority comes from this - particular identity and vocation of institute and members - in mutuality - all serve in interdependence - the superior embodies and organizes this. | ||
+ | * __Potestas domestica__ - organizing the house. Community will support if they understand and they shouldn' | ||
+ | * §2 In clerical pontifical Superiors have in addition the ecclesiastical power of governance, for both the external and the internal forum. | ||
+ | * Ordinarii of canon 129. | ||
- | //This is a classical division: __Potestas jurisdictionis__: | + | * §3 The provisions of canons 131, 133 and 137-144 apply to the authority mentioned in §1. |
- | __Potestas dominativa__ - vocation, entrance, admitted when superior admits the authenticity of the vocation, she accepts the institute as the embodiment of her vocation. The authority | + | * 131 Ordinary power comes from the office |
+ | * 133 Use of delegated power | ||
+ | * 137-8 Delegation | ||
+ | * 139 Effect of approaching | ||
+ | * 140-1 Delegation to several persons | ||
+ | * 142-3 cessation or suspension | ||
+ | * 144 Church supplies in cases of error. | ||
- | §2 In clerical pontifical Superiors have in addition the ecclesiastical power of governance, for both the external and the internal forum. | + | ==Vowed Life== |
- | // | + | **Canon 597 Admission** |
+ | * §1 Every catholic | ||
+ | * with a right intention and | ||
+ | * the qualities required | ||
+ | * and the institute' | ||
+ | * and without impediment, | ||
+ | * may be admitted. | ||
+ | * §2 No one may be admitted without suitable preparation. | ||
- | §3 The provisions of canons 131, 133 and 137-144 apply to the authority mentioned in §1. | + | **Canon 598 Vows and Constitutions** |
- | + | * §1 Each institute, according to its special character and purposes, to define in constitutions way of living | |
- | //On delegation of power like ordinary. In error, church supplies power.// | + | * Basics are in the canons, but the specifics will vary from one community |
- | + | | |
- | **Canon 597 Admission** §1 Every catholic with a right intention and the qualities required by universal law and the institute' | + | |
- | + | * __Perfection__ is a dynamic way of living | |
- | **Canon 598 Vows and Constitutions** §1 Each institute, according to its special character and purposes, to define in constitutions way of lifing | + | |
- | + | ||
- | //Munster commentary (legalistic): | + | |
- | + | ||
- | §2 All members observe the evangelical counsels faithfully and fully, follow the institute' | + | |
- | + | ||
- | //598-602 belong together. | + | |
**Canon 599 Chastity** Chastity for the sake of the Kingdom of heaven, is a sign of the world to come, and a source of greater fruitfulness in an undivided heart. It involves the obligation of perfect continence observed in celibacy. | **Canon 599 Chastity** Chastity for the sake of the Kingdom of heaven, is a sign of the world to come, and a source of greater fruitfulness in an undivided heart. It involves the obligation of perfect continence observed in celibacy. | ||
- | + | * Here the order is chastity, poverty, obedience - following Vatican 2 which saw celibacy as the core, essential element of religious life. Poverty first in Thomistic | |
- | //Here the order is chastity, poverty, obedience - following Vatican 2 which saw celibacy as the core, essential element of religious life. Poverty first is Thomistic - your things, body and will are ' | + | * Undivided heart: many things other than sex can divide the human heart, e.g. egoism, consumerism. |
+ | * Celibacy - unmarried - and this is an impediment to marriage 1088 (religious - not SAL, hermit, virgin, secular institute) - in the old code only solemn vows were an impediment. | ||
+ | * Canon 694, civil marriage is grounds for automatic dismissal. Defining the vows here is negative - which is more rigorous | ||
**Canon 600 Poverty** The evangelical counsel of poverty in imitation of Christ who for our sake was made poor when he was rich, entails a life which is poor in reality and in spirit, sober and industrious, | **Canon 600 Poverty** The evangelical counsel of poverty in imitation of Christ who for our sake was made poor when he was rich, entails a life which is poor in reality and in spirit, sober and industrious, | ||
- | + | * Life in accord with human dignity, but moderate. Sober & hardworking, | |
- | //This is a life in accord with human dignity, but moderate. Sober, hardworking, | + | * Some enter young - with renunciation of what they don't have. This is different for those who enter older. Old system was dowery - kept in name of member - returned to her if she left. Dependence requires permissions, often managed through budgets. |
**Canon 601 Obedience** Obedience, following Christ, obedient even unto death, obliges submission of one's will to lawful Superiors, acting in the place of God when they command according to the constitutions. | **Canon 601 Obedience** Obedience, following Christ, obedient even unto death, obliges submission of one's will to lawful Superiors, acting in the place of God when they command according to the constitutions. | ||
- | + | * Team Leadership - Balance mutual discernment and ultimate decisionmaking. ET 25: VC 43, 92; c. 618. See also CICLSAL, instr Fraternal Life in Community, Congregavit nos in unum Christi amor (FL), February 2, 1994, Origins 23/40 (March 24, 1994) 693, 695-712, esp. 47-53, 58-64. | |
- | //There may be a list of what can be required. E.g. ministries that can be required. There isn't a formula, but it should be clear and written for clarity. // | + | |
**Canon 602 Communion** Members unite into a special family in Christ, in mutual assistance to fulfill their vocation. Communion rooted and based in charity is a sign of universal reconciliation in Christ. | **Canon 602 Communion** Members unite into a special family in Christ, in mutual assistance to fulfill their vocation. Communion rooted and based in charity is a sign of universal reconciliation in Christ. | ||
+ | * Apostolic succession of the living communion of followers of Christ going back to apostolic times. | ||
- | // We tend to think of apostolic succession in terms of the physical contact from bishop to bishop. But shouldn' | + | ==Forms== |
+ | **Canon 603 Hermit** Can. 603 | ||
- | **Canon 580 Aggregation** The aggregation | + | |
+ | * §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 | ||
+ | * 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:// | ||
+ | * Discernment of candidates and their formation could follow the canons on admission and formation in religious institutes. A good spiritual director and some theological formation are critical. | ||
+ | * Plan of life should include living of the solitude and prayer charistic of the life, as well as the hermit' | ||
- | **Canon | + | **Canon |
- | Can. 603 §2 Hermits are recognized | + | * §1. __Similar__ to these forms of consecrated life is the order of virgins who, expressing |
- | + | | |
- | + | * Ascendit - associated like apostolic | |
- | **Canon 604 Virgins** §1 The order of virgins also exist. Virgins are consecrated to God liturgically by the bishop, mystically espoused to Christ | + | * Nuns and women living in the world. |
+ | * 1970 Renewed Rite is based on the ancient rite, though there is evidence in the early church of both men and women living this consecration. | ||
+ | * Received by nuns or by women living in the world. | ||
+ | | ||
+ | | ||
+ | * By their age, prudence, and universally approved character they give assurance of perseverance in a life of chastity | ||
+ | * Be admitted to this consecration by the Diocesan Bishop who is Ordinary of the place. | ||
+ | * Bishop sets conditions under which women living in the world are to undertake a life of perpetual virginity. | ||
**Canon 605 New Forms** | **Canon 605 New Forms** | ||
+ | * Generally families of consecrated persons: lay & cleric, men & women, married & single. | ||
- | //Hard to imagine new forms, but there can be an opening here.// | + | **Canon 606 Gender** |
- | + | ||
- | **Canon 606 Gender** | + | |
- | ===TITLE II: RELIGIOUS INSTITUTES=== | + | ====TITLE II: RELIGIOUS INSTITUTES==== |
| | ||
- | **Canon 607 Vows and Community** §1 Religious | + | **Canon 607 Vows and Community** |
+ | | ||
+ | * §2. A religious institute is a __society__ in which members, according to proper law, pronounce __public vows__, either perpetual or temporary which are to be renewed, however, when the period of time has elapsed, and lead a life of brothers or sisters in common. | ||
+ | * §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. | ||
- | **§2 A religious | + | |
- | **§3 The public witness involves that separation proper to the character and purpose of each institute. | + | ===CHAPTER I: RELIGIOUS HOUSES=== |
- | + | ||
- | //Proper nature of religious life is described here. Canon 573 said it is stable; it has social, juridical, religious and sacred elements. They also have a certain autonomy. Withdrawal is from the ' | + | |
- | + | ||
- | ==CHAPTER I: RELIGIOUS HOUSES== | + | |
[[http:// | [[http:// | ||
- | **Canon 608 Religious House** | + | **Canon 608 Religious House** |
+ | * This house is constituted without the formalities of canonical establishment (c609) | ||
+ | * The house is also a witness to the life of the community. | ||
+ | * Fewer numbers and lack of house superior are customs against the law. | ||
+ | * Oratory (cc 1223-1224) / reservation (cc 934-941) | ||
- | //The house is also a witness. Three for a recommended minimum = 114, they are public | + | **Canon 609 Establishing a House** |
+ | * §1 A house is established, | ||
+ | * §2 For the establishment of a monastery of cloistered nuns, the permission of the Apostolic See is also required. | ||
+ | * Competent superior: Generally | ||
+ | * In the US, few women' | ||
+ | * Houses have juridic | ||
+ | * Cor orans #29 The monastery | ||
- | |||
- | **Canon 609 Establishing a House** §1 A house is established, | ||
- | |||
- | //Competent superior: Major superior - but for monasteries the one house for a dependent house but general chapter for an independent house.// | ||
^ Sample Document: ERECTION OF A HOUSE ^ | ^ Sample Document: ERECTION OF A HOUSE ^ | ||
| // | | // | ||
Line 198: | Line 312: | ||
| //[name and title of the person signing for the diocesan bishop] [date]// | | | //[name and title of the person signing for the diocesan bishop] [date]// | | ||
- | **Canon 610 Conditions** §1 Houses established for the good of the church | + | **Canon 610 Conditions** |
+ | | ||
+ | * §2. No house is to be erected unless it can be __judged | ||
+ | * Suitable economic means, also the exigency of the apostolate. E.g. a house in a poor urban neighborhood may require outside support. | ||
+ | * Monastic communities often need eight people to start an independent monastery. This concerns the institute, but a Diocesan bishop may inquire. | ||
- | //If the aim is sharing life with the urban poor, there won't be a rural area. If there is an apostolate, there should be the possibility, | ||
- | **Canon 611 Rights of Houses** | + | **Canon 611 Rights of Houses** |
+ | * 1º to lead a life according to the character and proper purposes | ||
+ | * 2º to exercise | ||
+ | * 3º for clerical institutes | ||
+ | * Permission is granted with permission to establish a house. | ||
+ | * There may be restrictions placed, but they should be reasonable. | ||
- | //Relations with the church may serve to keep the institute healthy. Permission is granted with permission to establish a house. There may be restrictions placed, but they should be reasonable. If superior is an ordinary, he can make other private chapels in the house.// | + | **Canon 612 Other Work** For a religious house to be __converted to apostolic works different__ from those for which it was established, |
+ | * Included in original | ||
+ | * Change | ||
- | **Canon | + | **Canon |
+ | * §1. A religious house of canons regular or of monks under the governance and care of its own moderator | ||
+ | * §2. The moderator of an autonomous house is a major superior by law. | ||
+ | * These houses and monasteries are have no higher superior than their abbot, prior, etc. | ||
+ | * Secular Canons are described in Canons 503-510. They are secular clerics living in community, with liturgical functions, often in the cathedral. Historically, | ||
+ | * Canons Regular are clerics living under a rule, generally the Rule of St. Augustine. Canons Regular of St. Augustine confederated at the request of Pius XII in 1959. Canons Regular of the Lateran or St. Saviour, which seems to date back to Pope Alexander II (1063). Order of the Canons Regular of Premontre; Norbertines founded by St. Norbert (1120). Order of the Holy Cross (Canons Regular) (Portugal - 1131) re-founded 1977. Canons Regular of the Order of the Holy Cross (the Crosiers), founded at Clair-lieu, near Huy, in Belgium, in 1211 - got down to 4 people | ||
- | //Bishop can't require impossible, something outside charism. Will of foundations must be respected.// | + | **Canon 614 Cloistered Monasteries** |
- | + | * Women monastics may be aggregated (580) to an institute of men (Franciscans, | |
- | **Canon 613 Autonomous Houses** §1 A house of canons regular or of monks is autonomous, unless the constitutions decree otherwise. §2 This Moderator is by law a major Superior. | + | * History: |
- | + | ||
- | //E.g. Crosiers changed to provincial structure after the French Revolution.// | + | |
- | + | ||
- | **Canon 614 Cloistered Monasteries** | + | |
- | + | ||
- | //In many cases an institute was founded by a movement, e.g. canons regular. Then there came to be double monasteries, | + | |
**Canon 615 Autonomous Monasteries** The house that is dependent from any other superior - the house is the institute, also under vigilance the diocesan Bishop. | **Canon 615 Autonomous Monasteries** The house that is dependent from any other superior - the house is the institute, also under vigilance the diocesan Bishop. | ||
+ | * They may congregate or federate. One autonomous house may stand on its own. E.g. benedictine women. There may be a an abbot general, or external superior - or there may be other practical arrangement. In a Praem. convent, a diocesan bishop placed a prioress without reference to the abbot general. These are almost of diocesan right, but there is a clear distinction over internal and external - e.g. he might preside over election, but is not to influence the election. He must respect the autonomy. After the election the chair of the chapter asks acceptance - the election is an act of the chapter. The bishop can confirm, give force to what is done by someone else. | ||
+ | * Vultum Dei and Cor orans have made Federations a requirement. | ||
+ | * Cor orans adjusted the responsibilities of the diocesan bishop. Historically, | ||
+ | * a) presides over the conventual Chapter that elects the Major Superior. | ||
+ | * b) carries out the regular visit of the monastery, also with regard to internal discipline, taking into account the provisions of this Instruction; | ||
+ | * c) examines, as the Local Ordinary, the annual report of the financial administration of the monastery; | ||
+ | * d) in derogation from can. 638, §4 CJC, gives as Local Ordinary, his written consent for particular administrative acts, if established by its proper law. | ||
+ | * e) confirms the indult of definitive departure from the monastery, granted to a temporary professed member by the Major Superior with the consent of her Council; | ||
+ | * f) issues the decree of dismissal of a nun, even of temporary vows. | ||
- | //They may federate. One autonomous | + | **Canon 616 Suppression of Houses** |
+ | * §1 The supreme moderator can suppress a legitimately erected religious | ||
+ | * Institute makes the decision, hearing | ||
+ | * Disposal for needs of institute, also the " | ||
+ | * §2 The suppression of the only house of an institute belongs to the Holy See, to which the decision regarding | ||
+ | * This is related to suppression of an institute (canon 584). Goods go first to members needs and intentions | ||
+ | * §3 To suppress | ||
+ | * E.g. Park Abbey Leuven. Any remaining members " | ||
+ | * §4 To suppress an autonomous monastery of nuns belongs | ||
+ | * Respect for the institute' | ||
- | **Canon 616 Suppression of Houses** §1 Supreme moderator, consulting diocesan bishop, can close house, in accordance with the constitutions. Goods disposed by proper law, with due regard for the wishes of founders or benefactors and for lawfully acquired rights. | + | ===CHAPTER II: GOVERNANCE OF INSTITUTES=== |
- | + | | |
- | //Institute makes the decision, hearing the bishop only. Disposal for needs of institute, but also the " | + | * Often personal problems are better dealt with the personally with an individual leader - collective leadership brings wisdom. |
- | + | * Administration of spiritual and temporal goods is not best confided to just one person. | |
- | §2 The Holy See alone can suppress the sole house of an institute, in which case it is also reserved to the Holy See to prescribe concerning the property of the house. | + | * The chapter puts up the big frame and the superior (and/or council) executes. |
- | + | ||
- | //This is the same as suppression of an institute - nowhere else for members to live. Goods go first to members.// | + | |
- | + | ||
- | §3 Unless the constitutions enact otherwise, the suppression of an autonomous house mentioned in can. 613 belongs to the general chapter. | + | |
- | + | ||
- | //E.g. Park Abbey Leuven. Any remaining members " | + | |
- | + | ||
- | §4 The suppression of an autonomous monastery of cloistered nuns pertains to the Apostolic See; the provisions of the constitutions are to be observed concerning the property of the monastery. | + | |
- | + | ||
- | //Holy see must respect the institute' | + | |
- | + | ||
- | ==CHAPTER II: GOVERNANCE OF INSTITUTES== | + | |
- | + | ||
- | //There are two elements of leadership - there is collective leadership and individual leadership and the two should be in balance. Often personal problems are better dealt with the personally with an individual leader - collective leadership brings wisdom. Administration of spiritual and temporal goods is not best confided to just one person. The chapter puts up the big frame and the superior (and/or council) executes. | + | |
**ARTICLE 1: SUPERIORS AND COUNCILS** | **ARTICLE 1: SUPERIORS AND COUNCILS** | ||
| | ||
+ | * 617-9 - Exercise of power. | ||
+ | * 620-6 - Major superiors and how elected or appointed. | ||
+ | * 627-30 - Councils, and obligations of superiors. | ||
- | **Canon 617 Superiors** Superiors are to fulfill their office | + | **Canon 617 Superiors** Superiors are to fulfill their function |
- | + | | |
- | //The superior | + | * Universal Law includes |
- | + | * Proper Law includes | |
- | **Canon 618 Authority** The power of Superiors rom God to be exercised by them in service: 1) docile to the will of God, 2) govern respectfully, | + | |
- | + | ||
- | //If some are highly motivated, they can bring the rest along and the collective will govern itself. You only need superior when there is a danger or urgency.// | + | |
- | + | ||
- | **Canon 619 Pastoral Care** | + | |
- | + | ||
- | //The superior should well enough embody the charism of the institute. It is the personal pastoral care that is the most important role. From Augustinian rule - the superior loses a lot of time in this pastoral care. // | + | |
- | + | ||
- | **Canon 620 Major Superiors** Major Superiors are govern an entire institute or major part, his accedunt: Abbot Primate, monastic Superior and their vicars (as defined constitutions). | + | |
- | + | ||
- | //This depends a lot on the type of institute: Abbot Primate - Abbot General - Apostolic Superior General.// | + | |
- | + | ||
- | **Canon 621 Province** A province is a union of several houses which, under one superior, constitutes an immediate part of the same institute, and is canonically established by lawful authority. | + | |
- | + | ||
- | //It is a major part of the institute and may have other names. // | + | |
- | + | ||
- | **Canon 622 Supreme Moderator** The supreme Moderator has authority over all within law. Other Superiors have authority within the limits of their office. | + | |
- | + | ||
- | // | + | |
- | + | ||
- | **Canon 623 Qualifications** For valid Superior, members must be finally professed | + | |
- | + | ||
- | //Since univeral law requires | + | |
- | + | ||
- | **Canon 624 Terms** §1 Superiors are for a term unless | + | |
- | + | ||
- | //All provincials are for term. Jesuit general and Abbots, Abbesses. Constitutions may leave it to the chapter. Roles of superiors differ, according to charism of institute. Mission of members, need for stability, type of relationship: | + | |
- | + | ||
- | §2 Not too long in office without interruption. | + | |
- | + | ||
- | // | + | |
- | + | ||
- | §3 Superiors may be removed or transferred to another office as per the institute' | + | |
- | + | ||
- | // | + | |
- | + | ||
- | **Canon 625 Election** The supreme Moderator of the institute is to be designated by canonical election, in accordance with the constitutions. | + | |
- | + | ||
- | //Must be in __Constitutions__ but detailed norms can be in other places. It can be in general chapter or special chapter of elections.// | + | |
- | + | ||
- | §2 The Bishop presides elections of canon 615 houses and institute of diocesan right. | + | |
- | + | ||
- | //He presides by delegate, he himself __should__ be a friendly pastoral presence.// | + | |
- | §3 Other Superiors are to be constituted | + | **Canon 618 Authority** |
+ | * Superiors are to __exercise their power__, | ||
+ | * received __from God__ through the ministry of the Church, | ||
+ | * in a __spirit of service__. | ||
+ | * Therefore, | ||
+ | * __docile to the will of God__ in fulfilling their function, | ||
+ | * they are to govern their subjects as __sons or daughters of God__ and, | ||
+ | * __promoting the voluntary obedience__ of their subjects | ||
+ | * they are to __listen to them willingly__ | ||
+ | * __foster their common endeavor__ for the good of the institute and the Church, | ||
+ | * but without prejudice to the authority of superiors to __decide and prescribe__ what must be done. | ||
+ | * Based on //Perfectae caritatis// 14 on the theology of authority, and #4 on promoting greater participation of the community in leadership. | ||
+ | * A mature responsible community is motivated and can bring the rest along and the collective will govern itself. Much of leadership consists in cultivating consensus, and at times, the leader must decide personally. | ||
+ | * Power (postestas) comes from God, authority (auctoritas) is grounded in law. | ||
- | //Freedom, informal, consultative vote, any method | + | **Canon 619 Pastoral Care** |
+ | * Superiors are to devote themselves diligently to their office and together with the members entrusted to them are to strive to build a community of brothers or sisters in Christ, in which God is sought and loved before all things. | ||
+ | * Therefore, | ||
+ | * they are to nourish | ||
+ | * are to draw them to the celebration of the __sacred liturgy__. | ||
+ | * They are to be __an example__ to them | ||
+ | * in cultivating __virtues__ and in the __observance__ | ||
+ | * they are to __meet | ||
+ | * solicitously __to care for and visit the sick__, | ||
+ | * to __correct the restless__, | ||
+ | * to __console the faint of heart__, and | ||
+ | * to __be patient toward all__. | ||
+ | * Based on //PC// 6, exhorting all religious to pastoral care. | ||
+ | * Like leadership of Christ and leadership in the church, the three //munera// are present here: teaching, governing, and sanctifying. | ||
+ | * The superior | ||
- | **Canon | + | **Canon |
+ | * Much of the code will apply to all "major superiors" | ||
+ | * In clerical institutes of pontifical right, major superiors are also ordinaries with clerical power of governance. | ||
- | //No sanction. Presider could refuse confirmation. Proper law could sharpen this. First to cause trouble will be those who lobbied for a person because whoever | + | **Canon 621 Province** A province is a __union of several houses__ which, under one superior, constitutes an immediate part of the same institute, and is canonically established by lawful authority. |
+ | * Canon 581 - competent authority of the institute can divide an institute into parts: provinces, regions, etc. | ||
+ | * Canon 585 - competent authority of the institute can suppress the parts. | ||
+ | * An institute may be divided into parts to better steward the whole by affording some governance and autonomy to the parts. It is generally divided by geography, but may also be divided by ministry | ||
- | **Canon | + | **Canon |
+ | * Supreme moderator is a term carried over from CIC17 as a general term. The common names for this person would be " | ||
- | //Important group, proper law will provide particular decisions which require advice | + | **Canon 623 Qualifications** |
+ | * The 1917 Code also had age and legitimacy requriements. The CCEO has age and years of profession | ||
+ | * Some institutes forbid a person from becoming major superior for the first time over a certain age. E.g. Over the age of 70, a person cannot serve as prioress unless she has already served in that role earlier in her life. | ||
- | §2 Universal | + | **Canon 624 Terms** §1 Superiors are to be constituted for a __certain |
+ | * All provincials are for term. Supreme moderators and superiors of houses //sui iuris// may have indefinite terms (ad nutum). Constitutions may leave length of term to the chapter. Roles of superiors differ, according to the charism of the institute, mission, need for stability, type of relationship: | ||
+ | * CIC17 provided for three-year terms, renewable once. | ||
- | //Know your identity, and read the law as function of that identity.// | + | §2 Proper |
+ | * Re-election possibilities are specified in proper law. Can postulate additional terms, but usually just once. | ||
- | **Canon 628 Visitation** §1 Visitator appointed by superior works as in proper law. | + | §3. Nevertheless, |
+ | * In case of illness or incapacity, the supreme moderator can submit a resignation to the chapter, or they are if not in session, to the competent ecclesiastical authority (" | ||
- | // | + | **Canon 625 Election** The __supreme moderator__ of the institute |
+ | * Provision must be in the __Constitutions__ | ||
- | §2 Bishops visit 1) autonomous monasteries canon 615; 2) diocesan | + | §2 The __bishop__ of the principal seat __presides__ at the elections of a superior of the __autonomous monastery__ mentioned in can. 615 and of the supreme moderator of an __institute of diocesan |
+ | * The bishop generally presides | ||
+ | * In case of postulation, | ||
+ | * See also canon 174 on election by compromise or commitment. The electors can entrust the election to a smaller group of individuals. | ||
- | //Bishop acts as superior | + | §3 Other superiors are to be constituted according to the norm of the constitutions, |
+ | * if they are __elected__, | ||
+ | * if they are __appointed__ by a superior, however, a suitable consultation | ||
+ | * Freedom, informal, consultative vote, any method is possible, but the upcoming appointment should be announced and sisters/brothers given the chance for input. Depending of course on the life of the community. There should be a certain unity among the various leaders. | ||
- | §3 The members are to act with confidence, truth and charity towards | + | **Canon 626 Integrity in Elections** Superiors in the __conferral__ of offices and members |
+ | * are to observe the norms of universal and proper law, | ||
+ | * are to abstain from any abuse or partiality, and | ||
+ | * are to appoint or elect those whom they know in the Lord to be truly worthy and suitable, | ||
+ | * having nothing before their eyes but God and the good of the institute. | ||
+ | * Moreover, in elections they are to avoid any procurement of votes, either directly or indirectly, whether for themselves or for others. | ||
+ | * Canon 170 - an election must be free - if not, it is invalid. It is important | ||
- | //There should be a schema for the visitation so everyone knows what is to be done, visitator and members. It is a time of freedom | + | **Canon 627 Council** §1 According to the norm of the constitutions, |
+ | * Important group, proper law will provide particular decisions which require advice or consent. | ||
+ | * Constitutions have existence | ||
+ | * They may also have number and qualifications of councilors. They may have | ||
+ | * Canon 127 - Counsel must be convoked | ||
+ | * Consent - must not act without seeking and receiving consent. | ||
+ | * Advice - must not act without hearing | ||
+ | * A tie vote of councilors does not constitute consent. | ||
- | **Canon | + | §2 In addition to the cases prescribed in universal law, proper law is to determine the cases which require consent or counsel to act __validly__; |
+ | | ||
+ | * The following cannot be delegated by the supreme moderator: | ||
+ | | ||
+ | | ||
+ | | ||
+ | * Canon 699 - allowing a temporary professed to leave the institute. | ||
+ | * Canon 690 - re-admitting someone who has legitimatelly left. | ||
+ | * Major superior must consult, e.g. | ||
+ | * Canon 689 - to exclude from subsequent profession | ||
+ | * Canon 697 - initiating | ||
+ | * In some cases, it is left to proper law | ||
+ | * Canon 638.1 - extraordinary transaction | ||
+ | * Canons 656-8 - admitting to temporary | ||
+ | * Canons on colleges, and on advice and consent apply. E.g. 166 requires that all members of the councilors be convoked. If one is overlooked and is absent the vote is valid, however, s/he can object and the competent authority recinds the act. | ||
- | **Canon | + | **Canon |
+ | * Useful pastoral visit, often according to schedule, i.e. once between chapters, once in a leadership term. This can be an important way to build a sense of communion in the whole institute or in the whole province, and to grow in mutual understanding. The visit should occur in a faith context. | ||
+ | * Historically, | ||
- | //In enclosure, you choose | + | §2. It is the right and duty of a __diocesan bishop__ |
+ | * < | ||
+ | * 2º individual houses of an institute of diocesan right located in his own territory. | ||
+ | * It is sensible to delegate a religious to carry this out. | ||
- | §2 Superiors | + | §3. Members |
+ | * There should be a schema for the visitation so everyone knows what is to be done, visitator and community. | ||
+ | * It should be a time of free dialogue, transparency and renewal. | ||
- | §3 Nuns or large lay communities | + | **Canon 629 Residence** Superiors |
+ | * See Canon 665. In many communities, | ||
- | //Members may watch each other too carefully - they too should allow one another | + | **Canon 630 Freedom of Conscience** §1 Superiors are to recognize the due freedom |
+ | * This is particularly important in enclosure. There is limited freedom of egress, confessors must come to the community. | ||
+ | * The 1917 code regulated this matter in much more detail (25 canons). | ||
- | §4 Superiors are not to hear the confessions | + | §2 According |
- | //This can be a problem | + | §3 In __monasteries of nuns, in houses of formation, and in more numerous lay communities__, |
- | §5 Members to approach superiors with trust, openness and freedom. | + | §4 Superiors are not to hear the confessions of subjects unless the members |
+ | * This can be a problem in the superior being able to act. Also leave the freedom both for the brother, and for the leader to lead. Superior cannot divulge or use the information. | ||
+ | * There are similar prohibitions for rectors | ||
- | //It is one sided - you are to be open and listen, but not to induce the manifestation. Someone is weeping, you can go to them, comfort, but can't say " | + | §5 Members |
+ | * After many caveats, there is a an encouragment of openness on the part of sisters/ | ||
+ | * Assist those who are struggling, but in freedom. | ||
**ARTICLE 2: CHAPTERS** [[http:// | **ARTICLE 2: CHAPTERS** [[http:// | ||
+ | * CIC17 had references to chapters, but no canons prescribing their existence or function. | ||
- | **Canon 631 General Chapter** §1 General | + | **Canon 631 General Chapter** |
+ | §1 The general | ||
+ | * to protect | ||
+ | * promote suitable | ||
+ | * elect the supreme | ||
+ | * treat affairs | ||
+ | * issue norms which all are bound to obey. | ||
- | §2 The composition of the general chapter | + | §2. The __constitutions__ are to define |
- | §3 According to the norms determined in the institute' | + | §3. According to the norms determined in __proper law__, not only provinces and local communities, |
+ | * Chapters are an ancient institution, | ||
+ | * The balance of authority between the chapter and the superior varies from one institute to another, but generally the chapter holds the primacy. The superior and council take the mandate of the chapter and implement it throughout their term, and report back to the chapter. | ||
+ | * The norm is a representative chapter, in which delegates are selected by region, province, ministry, age-cohort, etc, so that they represent the whole institute. Chapter of the whole - is a chapter in which all members may participate. It is increasingly important that these chapters actually represent. | ||
+ | * Chapters can propose changes to the constitutions - by a 2/3 majority, and the change must be approved by CEA. | ||
+ | * Chapters are usually organized by a committee established for this purpose. This committee, in collaboration with the superiors (general | ||
- | **Canon 632 Proper Law** The institute' | + | **Canon 632 Other Gatherings** The institute' |
+ | * More frequent and local gatherings can help to advance the life and mission of the institute and retain its vitality. | ||
**Canon 633 Consultation** | **Canon 633 Consultation** | ||
+ | §1. Organs of participation or consultation are to fulfill faithfully the function entrusted to them according to the norm of universal and proper law and to express in their own way __the concern and participation of all the members for the good of the entire institute or community.__ | ||
- | §1 Participatory and consultative bodies are faithfully to carry out the task entrusted to them, in accordance with the universal law and the institute' | + | §2. In establishing and using these means of participation and consultation, |
- | + | ||
- | | + | |
**ARTICLE 3: TEMPORAL GOODS AND THEIR ADMINISTRATION** | **ARTICLE 3: TEMPORAL GOODS AND THEIR ADMINISTRATION** | ||
Line 364: | Line 550: | ||
**Canon 634 Capacity to Own** | **Canon 634 Capacity to Own** | ||
- | §1 Since they are by virtue of the law juridical persons, institutes, provinces and houses have the capacity to acquire, possess, administer | + | §1. As __juridic persons |
- | + | * Many local religious houses in the US are not formally erected and most canonists hold that they do not possess juridic personality. | |
- | §2 They are, however, to avoid all appearance of luxury, excessive gain and the accumulation of goods. | + | * Institutes in the US generally civilly incorporate so that they have the civil right to act corporately. |
+ | * Religious institutes | ||
+ | * St. Clare worked hard to ensure that her sisters could not own anything - it was in her rule, approved on her deathbed. | ||
+ | * In the US, ministries are often separately incorporated under civil law, but they remain part of the juridic person of the institute or province. It is possible to maintain sufficient control over these separately incorporated ministries so that the institute' | ||
+ | §2. Nevertheless, | ||
+ | * Echoes PC 13, LG 13, GS 68-72. | ||
**Canon 635 Ecclesiastical Goods** | **Canon 635 Ecclesiastical Goods** | ||
- | §1 Since the temporal goods of religious institutes are ecclesiastical goods, they are governed by the provisions | + | §1. Since the temporal goods of religious institutes are __ecclesiastical__, they are governed by the prescripts |
+ | * Book V sets out the requirements for good stewardship, | ||
- | §2 Each institute, however, is to establish | + | §2. Nevertheless, each institute |
+ | * Institutes may differ on the focus of the vow of poverty: personal divestment, community divestment, sharing of goods in community, solidarity with the poor, living lightly on the earth, freeing up assets for mission. | ||
**Canon 636 Separate Finance Officer** | **Canon 636 Separate Finance Officer** | ||
- | §1 In each institute, | + | §1. In each __institute__ |
+ | * Historically this role has always been filled by a communtiy member. This canon has no requirement that the finance officer be a member of the community. However, it is prudent | ||
+ | * Leadership and the Finance Officer have distinct yet related roles in service of the community. | ||
- | §2 At the time and in the manner | + | §2. At the time and in the manner |
- | **Canon 637 Autonomous Monasteries** Once a year, the autonomous monasteries | + | **Canon 637 Local Ordinary** Once a year, the __autonomous monasteries__ |
+ | * There is no right to intervene as there was in CIC17. | ||
**Canon 638 Extraordinary Administration** | **Canon 638 Extraordinary Administration** | ||
+ | §1. Within the scope of universal law, it belongs to __proper law__ to determine __acts which exceed__ the limit and manner of ordinary administration and to __establish what is necessary__ to place an act of extraordinary administration validly. | ||
+ | * There may be a monetary limit, a percent of budget, and/ or a limit on the type of transaction, | ||
- | §1 It is for an institute' | + | §2. In addition to superiors, the __officials__ who are designated for this in proper |
+ | * Civil validity | ||
- | §2 Besides Superiors, other officials designated | + | §3. For the __validity__ of __alienation__ and of any other affair in which the __patrimonial condition__ of a juridic person can __worsen__, the __written permission__ of the __competent superior with the consent of the council is required__. |
+ | * Alienation is selling stable patrimony. It could include spending significant reserved assets for another purpose, long-term lease, mortgage, incuring debt, relinquishing control of a governing board. (48 Jurist 709 (1988) | ||
+ | Ordinary and Extraordinary Administration: | ||
+ | * An explanation of the just cause (c. 1293, para. 1) | ||
+ | * Written evaluations or appraisals (c. 1293, para 1) | ||
+ | * An explanation of how other particulars of law have been observed (c. 1293, para. 2) | ||
+ | * The consent of intermediate bodies or councils—often | ||
+ | * A statement regarding divisible goods (c. 1292,para. 3) | ||
+ | * The offer to purchase, it possible (c. 1294, para. 1); | ||
+ | * A statement of what is to be done with the proceeds (c. 1294, para. 2) | ||
+ | * Sometimes, a statement regarding the observance of the formalities of secular | ||
+ | * A statement from the bishop where the property is located, this must be consent in the case of a diocesan institute or 615 monastery. See also canon 1276. | ||
+ | * Worsen patrimonial condition - e.g. loan, mortgage, incurring debt. | ||
+ | * The civil sale of assets may be valid, even if permission for alienation is not sought or not obtained, but a suitable response may be taken (canons 1290, 1296). Coordinating civil and canonical responsibilities can be a challenge, particularly in complex transactions. | ||
+ | * Leasing of ecclesiastical property over $1M in US requires //nihil obstat// of diocesan bishop. [[http:// | ||
- | | + | §4. For the autonomous monasteries mentioned in can. 615 and for institutes |
+ | * CO#52 - Consent | ||
+ | * CO#81 c,d - For monasteries entrusted to the care of the diocesan bishop - he examines the accounts submitted and he gives his consent | ||
+ | * CO#108 - For suppressed monasteries, | ||
+ | * See Perlasca, Alberto. “La Capacità Patrimoniale Degli Istituti Religiosi.” Quaderni Di Diritto Ecclesiale 22, no. 1 (2009): 118–129. [[http:// | ||
- | §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.// | + | **Canon 639 Responsibility for Debts** |
+ | * General principles of agency | ||
- | **Canon 639 Debts** | + | §1. If a __juridic person__ has contracted debts and obligations even with the permission of the superiors, it is __bound__ to answer for them. |
- | | + | §2. If a __member__ |
- | | + | §3. If a __religious__ has entered into a contract __without any permission__ of superiors, he or she must answer, but not the juridic person. |
+ | * These principles can come into play in a case when a brother/ | ||
- | §3 If a religious | + | §4. It is a fixed rule, however, that __an action can always be brought against one who has profited__ from the contract |
- | §4 However, an action | + | §5. __Religious superiors are to take care__ that they do not permit debts to be contracted unless it is certain that the interest on the debt can be paid off from ordinary income and that the capital sum can be paid off through legitimate amortization within |
- | §5 Superiors | + | **Canon 640 Collective Testimony** Taking into account the circumstances of the individual places, __institutes__ |
+ | * From PC 13. CIC 17 was much more cautious, not allowing gifts from the community unless "by will of the superior and according to the norms of the constitutions." | ||
+ | * Canon 1286.1, .2 call for equitable wage for employees of the community, taking also into account the needs of their families. | ||
- | **Canon 640 Collective Testimony** Taking into account the circumstances of the individual places, institutes are to make a special effort to give, as it were, a collective testimony of charity and poverty. They are to do all in their power to donate something from their own resources to help the needs of the Church and the support of the poor. | ||
- | ==CHAPTER III: ADMISSION OF CANDIDATES AND THE FORMATION OF MEMBERS== | + | ===CHAPTER III: ADMISSION OF CANDIDATES AND THE FORMATION OF MEMBERS=== |
**ARTICLE 1: ADMISSION TO THE NOVITIATE** | **ARTICLE 1: ADMISSION TO THE NOVITIATE** | ||
| | ||
- | **Canon 641 Right to Admit** The right to admit candidates | + | |
+ | * This section was reduced from 50 canons in CIC17 to 20 in CIC83. Some of the issues regulated by the former canons are now within the authority of proper law, and may also be adjusted and dispensed by major superiors. | ||
+ | * There are fewer impediments and fewer testimonials required for admission. E.g. at one time the bishop had to interview novices to ensure that they were free from undue influence | ||
+ | * // | ||
+ | * Longer period of formation. | ||
+ | * Candidates need preparation for novitiate. | ||
+ | * Need for apostolic preparation for apostolic communities. | ||
+ | * Former sisters/ | ||
+ | * Temporary vows can be replaced with another type of bond or promise. | ||
+ | * Also greater active collaboration of candidates in their own formation, insights from the behavioral sciences, moving beyond detailed minutiae to integral formation, more flexibility left to individual institutes. | ||
- | **Canon 642 Diligence in Screening** Superiors are to exercise a vigilant care to admit only those who, besides being of required age, are healthy, have a suitable disposition, and have sufficient maturity | + | **Canon 641 Right to Admit** The right to admit candidates to the novitiate belongs to the major Superiors, in accordance with the norms of the __institute' |
+ | * CIC17 required vote of council or chapter, now it is left to institute' | ||
+ | * CO 262-276 require for contemplative communities: | ||
+ | * Personal knowledge and experience of the canidates should supplement the documents submitted with the application. | ||
+ | |||
+ | **Canon 642 Diligence in Screening** Superiors are to exercise a vigilant care to admit only those who, besides being of required age, are __healthy__, have a __suitable disposition__, and have __sufficient maturity__ | ||
+ | * Use of experts is subject to fundamental right to privacy //Lex ecclesiae fundamentalis//, | ||
+ | * Discretion is necessary in the handling of sensitive information about the individual, what information is retained? how long? who has access? what happens if the person leaves? if the person makes final profession? | ||
+ | * Long term contact of a candidate with members of the institute can supplement more formal inquiries into a person' | ||
**Canon 643 Requirements** | **Canon 643 Requirements** | ||
+ | * Three canons on impediments 643, requirements 644, and prerequisites 645. | ||
- | §1 The following are invalidly admitted | + | §1 The following are __invalidly admitted__ |
* 1° One who has not yet completed the seventeenth year of age; | * 1° One who has not yet completed the seventeenth year of age; | ||
+ | * CIC17 required 15 years of age. Many institutes prefer more mature candidates | ||
* 2° a spouse, while the marriage lasts; | * 2° a spouse, while the marriage lasts; | ||
+ | * Obtain certificates of marriage and divorce as well as the decree of nullity. | ||
+ | * It is wise to read the annulment sentence to determine its impact on the suitability of the candidate. | ||
+ | * Also determine whether any children are independent financially and emotionally. | ||
+ | * It is possible to apply to the Apostolic See for dispensation from this impediment. | ||
* 3° one who is currently bound by a sacred bond to some institute of consecrated life, or is incorporated in some society of apostolic life, without prejudice to can. 684; | * 3° one who is currently bound by a sacred bond to some institute of consecrated life, or is incorporated in some society of apostolic life, without prejudice to can. 684; | ||
+ | * Canon 684 is on transfer. | ||
* 4° one who enters the institute through force, fear or deceit, or whom the Superior accepts under the same influences; | * 4° one who enters the institute through force, fear or deceit, or whom the Superior accepts under the same influences; | ||
+ | * Fraud includes false assertion and knowing concealment of an important factor regarding suitability for religious life. E.g. disability, criminality, | ||
+ | * Force, fear and deceit interfere with the freedom necessary for the validity of the juridical act of admission to novitiate. Canon 125. | ||
+ | * This highlights the importance of third party verification in the screening process to ensure the veracity of the applicant. Transcripts, | ||
* 5° one who has concealed his or her incorporation in an institute of consecrated life or society of apostolic life. | * 5° one who has concealed his or her incorporation in an institute of consecrated life or society of apostolic life. | ||
+ | * Testimony of prior superior is required in canon 645 below. It is also important in determining capacity of a candidate to embrace the life of the institute. | ||
+ | * In prior law there were more impediments, | ||
+ | * If an impediment is discovered after a person is admitted, the institute may petition for a dispensation, | ||
+ | * Concealment of profession brings a candidate' | ||
- | §2 An institute's own law can constitute other impediments even for the validity of admission, or attach other conditions. | + | §2 An __institute's own law__ can constitute other impediments even for the validity of admission, or attach other conditions. |
+ | * conditions can go to validity or liceity of admission, or they can be considered as one of many criteria of evaluation. | ||
+ | * E.g. age, education, language, citizenship, | ||
+ | * Instiute' | ||
+ | * Invalid admission would invalidate all subsequent acts: novitiate, profession, etc. //Sanatio in radice// could be sought in order to cure such a situation. | ||
- | **Canon 644 Secular Clerics** Superiors are not to admit secular clerics to the novitiate without | + | **Canon 644 Secular Clerics** Superiors are __not to admit__ |
+ | * Superiors are to consult, even if the cleric has already communicated with the bishop; permission is not required. | ||
+ | * Admission in violation of either criteria is illicit, but not invalid. | ||
+ | * Educational debt is common in the US - some communities will admit those with educational debt, agreeing to make payments on the debt so long as the person remains in the community. (Hereford, Amy. “Canon 644: Education Loans of Those Entering Religious Communities (Advisory Opinion).” Roman Replies and CLSA Advisory Opinions, 2010, 114–15.) | ||
**Canon 645 Suitability** | **Canon 645 Suitability** | ||
- | §1 Before candidates are admitted to the novitiate they must produce | + | §1 Before candidates are admitted to the novitiate they must produce |
+ | * Require recent authenticated baptismal certificate (3-6 months before admittance). Religious profession, orders and marriage should be noted on the baptismal certificate. In these cases, the community should obtain written evidence of free status: dispensation, | ||
+ | * If no baptismal certificate is available, ask for testimony of a reliable witness. | ||
- | §2 The admission of clerics | + | §2 The admission of __clerics__ |
+ | * If the diocese, institute or society has merged or split, the admitting community should approach an existing diocese, institute or society and ask for the testimony, working with them to obtain information relevant to the candidate. | ||
+ | * Information should be obtained confidentially, | ||
- | §3 An institute's own law can demand further proofs concerning the suitability of candidates and their freedom from any impediment. | + | §3 An __institute's own law__ can demand further proofs concerning the suitability of candidates and their freedom from any impediment. |
- | §4 The Superiors can seek other information, even under secrecy, if this seems necessary to them. | + | §4 The Superiors can seek __other information__, even under secrecy, if this seems necessary to them. |
**ARTICLE 2: NOVITIATE AND THE FORMATION OF NOVICES** | **ARTICLE 2: NOVITIATE AND THE FORMATION OF NOVICES** | ||
| | ||
+ | * Higher level of accountabiity - decisions about house reserved to supreme moderator. | ||
+ | * Issues of validity which go to of novitiate and hence of profession. | ||
- | **Canon 646 Purpose** The purpose of the novitiate, by which life in an institute | + | **Canon 646 Purpose** The purpose of the novitiate, by which __life |
+ | * Purpose | ||
+ | * Come to know the vocation and institute | ||
+ | * experience and discover their place in it | ||
+ | * // | ||
+ | * Novices come with differing levels of personal, spiritual and professional maturity. It is important to provide flexibility to meet the various needs. | ||
**Canon 647 Novitiate House** | **Canon 647 Novitiate House** | ||
- | §1 The establishment, transfer and suppression | + | §1 The __establishment, transfer and suppression__ |
- | + | * CIC17 required pontifical institutes to request this of the Holy See. | |
- | §2 To be valid, a novitiate must take place in a house which is duly designated for this purpose. In particular cases and by way of exception | + | * Collaborative novitiates are often established for novices of the same charism, e.g. franciscan or dominican. This requires permission of CEA. The novice director in this case would not be in the same institute as all of the novices. These programs often last one year. There is usually a novice director from the home congregation who directs the novices for a second year of novitiate. |
+ | * The novitiate is generally in the culture and language of the novices since it is an intensive spiritual journey and vocational discernment. | ||
+ | * Even in a large international institute, this is the novitiate house is the responibility of the supreme moderator. There may be more than one novitiate in a province, e.g. if there is a large geographic region, or there are multiple languages and cultures involved. | ||
+ | | ||
+ | §2 To be __valid__, a novitiate must take place __in a house__ | ||
+ | * In particular cases, as an exception, the novitiate can take place in another house - e.g. if there is a large geographic region, or there are multiple languages and cultures involved or there are particular needs, e.g. immigration. | ||
- | §3 A major Superior | + | §3 A __major Superior__ |
+ | * There are no restrictions on this other than it be another | ||
**Canon 648 Length of Novitiate** | **Canon 648 Length of Novitiate** | ||
- | §1 For validity, the novitiate must comprise twelve months spent in the novitiate community, without prejudice to the provision of can. 647 §3. | + | §1 For __validity__, the novitiate must comprise twelve months spent in the __novitiate community__, without prejudice to the provision of can. 647 §3. |
+ | * The requirement to be in the ' | ||
+ | * CIC17 required a complete and unbroken year. This could allow more more flexibility. | ||
- | §2 To complete the formation of the novices, the constitutions can prescribe, in addition to the time mentioned in §1, one or more periods of apostolic activity, to be performed outside the novitiate community. | + | §2 To complete the formation of the novices, the constitutions can prescribe, in addition to the time mentioned in §1, one or more periods of __apostolic activity__, to be performed outside the novitiate community. |
+ | * In the case of novices who have worked professionally in a field related to the apostolic mission of the institute, a novice could return to their profession for their apostolic experience. This can allow for those candidates who may have established careers to take a leave of absence for their work to complete the canonical novitiate, then return to their empoyment, provided that 1. the work is related to the institute' | ||
- | §3 The novitiate is not to be extended beyond two years. | + | §3 The novitiate is __not to be extended beyond two years__. |
**Canon 649 Time Away** | **Canon 649 Time Away** | ||
- | §1 Without prejudice to the provisions of can. 647 §3, and can. 648 §2, a novitiate is invalidated | + | §1 Without prejudice to the provisions of can. 647 §3, and can. 648 §2, a novitiate is __invalidated__ |
+ | * The norm seeks to protect the integrity and stability of this important period of formation. Reasons for absence might include family emergency, personal illness, professional or immigration requirements. | ||
+ | * There is automatic permission for this, in RC, it required a decision of the superior. In the current situation. This would generally be done with the knowledge and support of the major superior, even if not express permission. | ||
+ | * The canon emphasizes the important time of this extended period of formation, absenses from which should not be taken lightly. | ||
+ | §2 With the permission of the competent major Superior, first profession may be anticipated, | ||
- | §2 With the permission | + | **Canon 650 Director |
- | **Canon 650 Object | + | §1 The object |
- | | + | §2 The governance |
- | + | * The director of novices supervies the novices, | |
- | §2 The governance | + | * In cases of experience outside |
**Canon 651 Director of Novices** | **Canon 651 Director of Novices** | ||
- | §1 The director of novices is to be a member | + | §1 The director of novices is to be a __member |
+ | * CIC17 had more requirements, | ||
§2 If need be, directors of novices may be given assistants, who are subject to them in regard to the governance of the novitiate and the manner of formation. | §2 If need be, directors of novices may be given assistants, who are subject to them in regard to the governance of the novitiate and the manner of formation. | ||
- | §3 Those in charge of the formation of novices are to be members who have been carefully | + | §3 Those in charge of the formation of novices are to be members who have been carefully |
+ | * Preparation includes theology, spirituality, | ||
**Canon 652 Responsibilities** | **Canon 652 Responsibilities** | ||
- | §1 It is the responsibility of the directors | + | §1 It is the responsibility of the __directors |
- | §2 Novices are to be led to develop human and Christian | + | |
+ | * Novices are to be led to develop human and Christian | ||
+ | * Through prayer and self-denial they are to be introduced to a fuller | ||
+ | * They are to be instructed in __contemplation__ of the mystery of salvation, and in reading and meditating on the sacred | ||
+ | * Their preparation is to enable them to develop their __worship | ||
+ | * They are to learn how to lead a life consecrated to God and their neighbor in Christ through the __evangelical counsels__. | ||
+ | * They are to learn about the character and spirit of the __institute__, its purpose and discipline, its history and life, and | ||
+ | * to be imbued with a love for the __Church__ | ||
- | | + | |
- | §4 By the example of their lives and by prayer, the members | + | §4 By the example of their lives and by prayer, the __members |
- | §5 The period of novitiate mentioned in can. 648 §1, is to be set aside exclusively for the work of formation. The novices are therefore | + | §5 The period of novitiate mentioned in can. 648 §1, is to be set aside exclusively for the work of formation. The novices are therefore |
+ | * There may be work or study, but it should be oriented to formation. Theology, spirituality, | ||
**Canon 653 Free to Leave** | **Canon 653 Free to Leave** | ||
Line 494: | Line 786: | ||
§1 A novice may freely leave the institute. The competent authority of the institute may also dismiss a novice. | §1 A novice may freely leave the institute. The competent authority of the institute may also dismiss a novice. | ||
- | §2 On the completion of the novitiate, a novice, if judged suitable, is to be admitted to temporary | + | §2 On the completion of the novitiate, a novice, if judged suitable, is to be admitted to __temporary |
+ | * The prolongation should only be in cases of doubt where the additional time would provide a real promise of rendering the novice ready for profession. | ||
+ | * Ideally the decision regarding profession or departure is mutual, made in a spirit of discernment. To make profession, both the novice and the institute must agree. If either decides for departure, that is the result. | ||
**ARTICLE 3: RELIGIOUS PROFESSION** | **ARTICLE 3: RELIGIOUS PROFESSION** | ||
| | ||
+ | * Five canons here, in place of seventeen in CIC17. | ||
+ | * The prior distinction of simple and solemn vows no longer applies. In earlier legislation, | ||
+ | * Sanation of invalid profession (from CIC17) not mentioned. This may be done by analogy, or a new profession may be required - not clear in the law. | ||
+ | * The rite of religious profession is contained in the Roman Ritual. | ||
- | **Canon 654 Profession** By religious profession members make a public vow to observe the three evangelical counsels. Through the ministry of the Church they are consecrated | + | **Canon 654 Profession** By religious profession members make a __public vow__ to observe the three evangelical counsels. Through the ministry of the Church they are __consecrated__ |
+ | * Public vows are accepted in the name of the Church - canon 1192.1 | ||
+ | * Some institutes profess additional vows, and some orders have a different formula, e.g. Benedictines and Dominicans. | ||
+ | * Those with temporary vows may have some restrictions on rights, e.g. voting and qualification for offices in the institute. | ||
- | **Canon 655 Length of temporary | + | **Canon 655 Length of Temporary |
+ | * Temporary profession is a relatively modern innovation, becoming common in the 19th century, particularly with the new apostolic institutes. With CIC17 it became normative. | ||
+ | * During this time, the person is living the life of the institute in a more or less complete way. They may have additional formation responsibilities, | ||
**Canon 656 Valid Temporary Profession** The validity of temporary profession requires: | **Canon 656 Valid Temporary Profession** The validity of temporary profession requires: | ||
- | + | | |
- | | + | * 2° that a __ valid novitiate__ |
- | * 2° that the novitiate | + | * 3° that __admission__ |
- | * 3° that admission | + | * 4° that the __profession |
- | * 4° that the profession | + | * 5° that the profession be __received__ |
- | * 5° that the profession be received | + | * Profession of the three vows, according to the constitutions of the institute, in the hands of the superior. |
+ | * The canonical acts of request for admission, acceptance and witness of the profession should in writing and should be retained. As juridical acts the must be free to be valid. | ||
**Canon 657 Perpetual Profession** | **Canon 657 Perpetual Profession** | ||
- | §1 When the period of time for which the profession was made has been completed, a religious who freely asks, and is judged suitable, is to be admitted to a renewal | + | §1 When the period of time for which the profession was made has been __completed__, a religious who __freely asks__, and is __judged suitable__, is to be admitted to a __renewal__ |
+ | * Time of temporary profession affords a person a time of experiencing the life of the institute more fully. This should afford the person and the institute a more stable experience from which to discern the ability to live the life of the institute for the long-term. | ||
+ | * Admitting to final profession, and the profession itself constitute a serious mutual commitment. After nearly a decade in the institute, it is important to make a serious examination. At the same time it raises the question about the whole process of formation. There is a growing level of commitment of the person and the institute. It is important to be clear that if the person won't make final profession, that becomes clear as early in the process as possible. It may also take time to discern whether a person is able to come into maturity as a member of the community. It can be difficult to articulate the reason, and sometimes this delays the decision. To a point, temporary profession helps to mature one's vocation, after that point it may no longer do so. | ||
+ | * Admission to final profession requires serious mutual discernment and evaluation of the suitability of the candidate. | ||
+ | * Admission to further temporary profession or non-admission are other possible decisions. | ||
+ | * Proper law determines the competent authority in the insitute to admit: a major superior, with or without council. | ||
+ | * Perpetual profession should be preceded by a will, canon 668.1, and should be noted in the parish of baptism, canon 535.2. | ||
- | §2 If it seems opportune, the period of temporary profession can be extended | + | §2 If it seems opportune, the period of temporary profession can be __extended__ |
- | §3 Perpetual profession can for a just reason be anticipated, but not by more than three months. | + | §3 Perpetual profession can for a just reason be __anticipated__, but not by more than __three months__. |
+ | * This is only an issue for someone making profession after the minimum of three years. After that, this minimum would not be a concern. | ||
- | **Canon 658 Requirements** Besides the conditions mentioned in can. 656, nn. 3, 4 and 5, and others attached by the institute's own law, the validity of perpetual profession requires: | + | **Canon 658 Requirements** Besides the conditions mentioned in can. 656, nn. 3, 4 and 5, and others attached by the __institute's own law__, the validity of perpetual profession requires: |
- | + | * 1° that the person has completed at least the __twenty-first year of age__; | |
- | * 1° that the person has completed at least the twenty-first year of age; | + | * 2° that there has been previous |
- | * 2° that there has been previous | + | * This follows from minimum ages for novitiate and first profession. Dispensable. |
**ARTICLE 4: FORMATION OF RELIGIOUS** | **ARTICLE 4: FORMATION OF RELIGIOUS** | ||
| | ||
+ | * Formation after final profession was not in CIC17 or previous legislation. | ||
- | **Canon 659 Temporary Professed** | + | **Canon 659 Continuing Formation** |
- | §1 After first profession, the formation of all members | + | §1 After first profession, the formation of __all members__ |
- | §2 The institute's own law is, therefore, to define | + | §2 The __institute's own law__ is, therefore, to __define |
+ | * Formation is oriented to the needs of the person, spirituality, | ||
- | §3 The formation of members who are being prepared for sacred orders is governed by the universal | + | §3 The formation of members who are being prepared for sacred orders is governed by the __universal |
+ | * Canons 242-264. | ||
**Canon 660 Systematic Formation** | **Canon 660 Systematic Formation** | ||
- | §1 Formation is to be systematic, adapted | + | §1 Formation is to be __systematic__, __adapted__ |
- | §2 During the period of formation members are not to be given offices and undertakings which hinder their formation. | + | §2 During the period of formation members are not to be given offices and undertakings which hinder their formation. |
+ | * It is important to be both systematic and adapted to the person, covering spirituality, | ||
+ | * The institute has to provide this opportunity and afford sisters/ | ||
- | **Canon 661 Ongoing | + | **Canon 661 Life-long |
+ | * Restatement of PC 18. Institute has the obligation to provide opportunities, | ||
+ | * Degree programs, certificate programs, academic courses, workshops, conferences, | ||
- | ==CHAPTER IV: OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS== | + | |
+ | ===CHAPTER IV: OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS=== | ||
| | ||
+ | * All rights and obligations of the Christian Faithful (208-223) apply to religious as well. There are also rights and obligations associated with vows, superiors, councils, chapters, separation, etc. in other sections of the code, and in the proper law of each institute. | ||
+ | * No discussion of personal correspondence as was in CIC117. Also, the obligation of religious practices is placed on members rather than on the superiors as was in CIC17. | ||
- | **Canon 662 Following Christ** Religious are to find their supreme rule of life in the following of Christ | + | **Canon 662 Following Christ** Religious are to find their __supreme rule__ |
+ | * Supreme law is the following of Christ – all the rest of the canons are the means. Following Christ is lived according to the particular expression of the religious institute. | ||
+ | * Sources: 593; LG 46; PC 1-2a; PO 18; ES 11; ET 12. | ||
+ | * Connection: 573, 598ss, 607, 654. | ||
+ | * The constitutions have structures and juridical norms, along with aspirational texts that articulate the vision of the community for living the Gospel (Canons 578. 587). | ||
**Canon 663 Prayer** | **Canon 663 Prayer** | ||
- | §1 The first and principal duty of all religious | + | §1 The __first |
- | + | * Religious are transformed in and into contemplation; | |
- | §2 Each day the members are to make every effort to participate in the Eucharistic sacrifice, receive the most holy Body of Christ and adore the Lord himself present in the Sacrament. Eucharist center | + | * Fidelity |
- | + | ||
- | §3 They are to devote themselves to reading the sacred Scriptures and to mental prayer. In accordance with the provisions | + | |
- | + | ||
- | §4 They are to have a special devotion to the Virgin Mother of God, the example and protectress of all consecrated | + | |
- | + | ||
- | §5 They are faithfully to observe the period of annual retreat. This is a seal on the spiritual journey. The constitutions supply the modality, type, duration, in accord with ancient practice of 5, 6 or 8 days. Also there are the periodic days of retreat, reflection and desert. | + | |
- | + | ||
- | // | + | |
- | + | ||
- | 1. CD 33; PC 2,5,6; PO 18; RC 5; VS V; ET 42, 43, 45; MR, 16, 24; LMR II: 1 | + | |
- | + | ||
- | 2. 125.2; 595.1.2, 2; 610.2; PC 6; PO 18; ET 47, 48; MF 771; LMR II:9 | + | |
- | 3. 125.2; 595.1.2; 610.1 3; PC 6; OT 8; DV 25; PO 18; ES II: 21; SCR Rescr., 17 aug 1967, 1; VS II; ET 42, 43, 45; MR 24; LMR II:8, 12 | + | §2 Each day the members are to make every effort to participate in the Eucharistic sacrifice, receive the most holy Body of Christ and adore the Lord himself present in the Sacrament. |
+ | * Eucharist center of life – also linked to 608 requiring an oratory in the house. To the degree it is possible – in 1917 it was the superior who regulated. Absolute respect for conscience is proposed here. Only excluded are those excommunicates / interdicted, | ||
+ | * Daily surrender to divine kenosis. | ||
- | 4. 125.2; LG 65; OT 8; Paulus PP. VI, adh Ap. Signum magnum, 13 maii 1967, II (AAS 59 [1967] 471); ET 56, Paulus PP. VI, Adh. Ap. Marialis cultus, 2 feb. 1974, 21, 49 (AAS 66 [1974] 132-133, 158-159); LMR II: 13 | + | §3 They are to devote themselves to reading the __sacred Scriptures and to mental prayer__. In accordance with the provisions of their own law, they are to celebrate the __liturgy of the hours__ worthily, without prejudice to the obligation of clerics mentioned in can. 276, §2, n.3. They are also to perform other exercises of piety. |
+ | * Lectio divina is one method; meditation is another. Constitutions should fix the foundational modalities and times and communitarian practices. | ||
- | 5. 126, 595.1.1; PO 18; ET 35 | + | §4 They are to have a special devotion to the __Virgin Mother of God__, the example and protectress of all consecrated life, including by way of the rosary. |
+ | * Devotion colored by the particular spirituality of the institute is recommended; | ||
- | Connections: | + | §5 They are faithfully to observe the period of annual retreat. |
+ | * This is a seal on the spiritual journey. Proper law will supply the modality, type, duration, in accord with ancient practice of 5, 6 or 8 days. Also there are the periodic days of retreat, reflection and desert. | ||
+ | * Sources: | ||
+ | * 1. CD 33; PC 2,5,6; PO 18; RC 5; VS V; ET 42, 43, 45; MR, 16, 24; LMR II: 1 | ||
+ | * 2. 125.2; 595.1.2, 2; 610.2; PC 6; PO 18; ET 47, 48; MF 771; LMR II:9 | ||
+ | * 3. 125.2; 595.1.2; 610.1 3; PC 6; OT 8; DV 25; PO 18; ES II: 21; SCR Rescr., 17 aug 1967, 1; VS II; ET 42, 43, 45; MR 24; LMR II:8, 12 | ||
+ | * 4. 125.2; LG 65; OT 8; Paulus PP. VI, adh Ap. Signum magnum, 13 maii 1967, II (AAS 59 [1967] 471); ET 56, Paulus PP. VI, Adh. Ap. Marialis cultus, 2 feb. 1974, 21, 49 (AAS 66 [1974] 132-133, 158-159); LMR II: 13 | ||
+ | * 5. 126, 595.1.1; PO 18; ET 35 | ||
+ | * Connections: | ||
+ | * Other that Liturgy of the Hours for clerics, these are juridically imposed, but they are guidelines for good prayer. | ||
- | **Canon 664 Conversion** Religious are earnestly to strive for the conversion of soul to God. They are to examine their consciences daily, and to approach the sacrament of penance frequently. Sources: 125.1, 595.1.3; PO 18; Paen IIIe; SCRIS Decr. Dum canonicarum legum, 8, dec 1970, 3 (AAS 63 [1971] 318); LMR II: 10. Connections: | + | **Canon 664 Conversion** Religious are earnestly to strive for the conversion of soul to God. They are to examine their consciences daily, and to approach the sacrament of penance frequently. |
+ | * Constitutions or proper law may indicate specific practices in keeping with the spirit of a particular institute. At the same time freedom of conscience remains at all times. | ||
+ | * CIC17 had more detailed requirements for confessors for lay religious. | ||
+ | * Daily examen is an important part spiritual growth, along with frequent sacrament of reconciliation. | ||
+ | * Sources: 125.1, 595.1.3; PO 18; Paen IIIe; SCRIS Decr. Dum canonicarum legum, 8, dec 1970, 3 (AAS 63 [1971] 318); LMR II: 10. | ||
+ | * Connections: | ||
**Canon 665 Religious Houses** | **Canon 665 Religious Houses** | ||
- | §1 Religious are to reside | + | §1 Religious are to __reside |
+ | * Prolonged absence is not defined, but clearly is less than a year. The 1917 code limited it to 6 months. The //propria domo religiosa// is more clearly expressed in the constitutions and practices of each institute. Flexibility is required in today' | ||
+ | * 1) Absence is always to have a just cause (note, a grave cause is not required). Assignment to a particular ministry usualy implies daily absence, may imply weekly trips, etc. | ||
+ | * 2) Permission of the major superior is always required for lengthy absence. | ||
+ | * 3) The absence should be for cause of illness, apostolate or study, otherwise it must be no more than a year. Note, if a longer absence is required, see Canon 686 on exclaustration. It is becoming more common for a religious to be absent from the community for a period of years for the care of an aging parent. This may be assigned as ministry, thus coming under this exception, with the proper permission. | ||
+ | * This absence doesn' | ||
+ | * Permission may be implied in an assignment to a ministry, or to study. | ||
+ | * Communities may have policies that clarify the expectations of leadership and members, while allowing flexibility. | ||
+ | * Canon focuses on physical presence rather than the quality of community. | ||
+ | * Sources: 1: 594.1, 606; CA 15; PC 15; SCR Decr. Religionum laicalium, 31 maii 1966, 4 (AAS 59 [1967] 362); ES II: 25 | ||
- | 1) Absence is always to have a just cause (note, a grave cause is not required). 2) Permission | + | §2 Members who unlawfully absent themselves from a religious house with the intention of withdrawing from the authority of Superiors, are to be carefully sought out and helped to return and to persevere in their vocation. |
+ | * This is much softer than the provisions of the 1917 code (644, 645, 2386) which spoke of the apostate and fugitive religious. However, Canon 696 below speaks of acting canonically against | ||
+ | * Sources: 2: 616.1, 644, 645, 2385, 2386, 2389. | ||
+ | * Connections: | ||
- | §2 Members who unlawfully absent themselves from a religious house with the intention of withdrawing from the authority of Superiors, are to be carefully sought out and helped to return and to persevere in their vocation. This is much softer than the provisions of the 1917 code (644, 645, 2386) which spoke of the apostate and fugitive religious. However, Canon 696 below speaks of acting canonically against a religious who is illegitimately absent for 6 months. //Sources: 2: 616.1, 644, 645, 2385, 2386, 2389. Connections: | + | **Canon 666 Social Communication** In using the means of social communication, |
- | + | * Vatican | |
- | **Canon 666 Social Communication** | + | * This is increasingly important with the rise of social media, giving rise to the need to develop policies for use of media in community, in formation, in governance. |
- | In using the means of social communication, | + | * Media can become harmful to one's vocation and to the life of the community if individuals use it excessively, |
+ | * Sources: SCS Notif., 10 jul 1957; SCR Lit. cir., 6 aug 1957; IM 9, 10; SCS Instr., 15 jul. 1964; PC 12; ES I: 25.2a,b; CICS Instr. Communio et progression, | ||
+ | * Connections: | ||
**Canon 667 Enclosure** | **Canon 667 Enclosure** | ||
- | §1 In accordance with the institute' | + | §1 In accordance with the institute' |
+ | * 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. | ||
+ | * Balance christian hospitality with the need to be 'at home' in a private part of the house. | ||
+ | * //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 //Abrogated by Cor Orans// | + | §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 //(now Cor orans)//. 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:// | * [[http:// | ||
* [[http:// | * [[http:// | ||
* Monasteries elect Papal cloister, Constitutional cloister with allowance for service or Monastic cloister with allowance for hospitality. | * Monasteries elect Papal cloister, Constitutional cloister with allowance for service or Monastic cloister with allowance for hospitality. | ||
* Prior legislation: | * Prior legislation: | ||
+ | * Vultum Dei and Cor orans provide four types of cloister: | ||
+ | * Papal - CO 189-203 | ||
+ | * Constitutional - defined in constitutions | ||
+ | * Monastic - from JPII VitaConsecrata - CO 208-211 | ||
+ | * Common cloister of the apostolic communities. VDQ 31 | ||
- | §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. | + | §4 < |
- | //Sources: cc 600.1, 4, 601; PM 34; SCRIS Decl., 2 jan. 1970. Connections: | + | * Entrance |
- | * The superior gives permissions for entrances and exits for a just cause. | + | |
+ | * //Connections: | ||
+ | * Cor orans: | ||
+ | * 83g: The diocesan Bishop has the faculty, | ||
+ | * 174. In derogation from the provision of can. 667, §4 CJC, the diocesan Bishop, as well as the religious Ordinary, does not intervene in granting dispensation from the cloister. | ||
+ | * 175. In derogation of the provisions of can. 667, §4 CJC, the dispensation from the cloister rests solely with the Major Superior who, in the event that such dispensation exceeds fifteen days, can grant it only after having obtained the consent of her Council. | ||
**Canon 668 Poverty** | **Canon 668 Poverty** | ||
- | §1 Before | + | §1 __Before |
+ | * Practical | ||
+ | * Most religious can continue to own personal property, but it generally cannot be used during life and must pass by will after death. Religious may have property when then come to the community, and/or they may receive a family inheritance. Often religious institutes will administer the simple assets of their members, if the member so chooses. More complex estates are better handled by those with sufficient professional expertise. | ||
+ | * If a will is made prior to entrance, it need not be changed unless the brother/ | ||
+ | * //Sources: 569.1,3, 580.1 CI Resp 9, 16 oct 1919 (AAS 11 [1919] 478); SCR Resp., 26 mar. 1957; SCR Resp., 1 mar 1958; AIE 6// | ||
- | §2 To change | + | §2 To __change |
+ | * In addition to changing the cession and will, or to take any other act concerning temporal goods, e.g. contracts, or acting as power of attorney or executor for another. | ||
+ | * //Sources: 580.3, 583.2; CA 17; SCR Decr. Religionum laicalium, 31 maii 1966, 6 (AAS 59 [1967] 363); SCRIS Decr. Cum superiores generales, 27 nov 1969 (AAS 61 [1969] 738-739)// | ||
- | §3 Whatever a religious | + | §3 Whatever a religious |
+ | * Anything coming to the individual belongs to the institute: salary, pension, grant, insurance, etc. | ||
+ | * As an integral part of the institute, the brothers and sisters receive | ||
+ | * The institute should discuss pension assets with a candidate for entrance. Institute law may handle these assets in various ways, in addition civil law will have differing treatments of pensions. Pension assets canonically belong to the institute, and civilly, they should be used for the care of the member. Some institutes treat pension earned before admission to the institute to be personal assets. | ||
+ | * Inheritances and gifts receive through the family generally belong to the member, but those who come through benefactors or friends associated with ministry or the institute generally belong to the institute. | ||
+ | * //Canons 654 670. 580.1,2 582, 594.2; SCR Resp., 16 mar 1922 (AAS 14 [1922] 196-197); PC 13; ES ii: 23; ET21// | ||
- | §4 When the nature | + | §4 When the __nature |
+ | * // 581; CA 16; ES II: 24; SCR Decr. Religionum laicalium, 31 maii 1966, 6 (AAS 59 [1967] 363)// | ||
+ | * Complete renunciation - done before final vows. Future acquisitions are for the institute. This was an effect of solemn vows in prior law. | ||
+ | * Voluntary renunciation - according to proper law, with permission of supreme moderator, generally some years after final vows required. | ||
+ | * To the extent possible, the this act should be documented in a civilly valid document. | ||
- | §5 Professed religious who, because of the nature | + | §5 Professed religious who, because of the __nature |
+ | * //579, 582.1. Connections: | ||
**Canon 669 Sign of Consecration** | **Canon 669 Sign of Consecration** | ||
- | §1 As a sign of their consecration and as a witness to poverty, religious are to wear the habit of their institute, determined in accordance with the institute' | + | §1 As a __sign__ |
+ | * If there is no particular dress of the institute, they wear simple clothing of the region. | ||
+ | * A custom contra legem exists in this regard in many institutes and in many parts of the world. | ||
+ | * Habit comes from the monastic tradition - a specific garb of the community. Many communities simply adopted the simple clothing of their era, which did not change over time, and became a particular uniform of the institute. | ||
+ | * //Sources 596; SCR Notif., 6 feb. 1965; PC 17; SCR Rescr., 17 aug. 1967, 2; SCRIS Normae, 8 jun. 1970; ET 22; SCRIS Notif., 25 feb. 1972; SCRIS Notif mar 1974; SCRIS Notif., 12 nov. 1976; SCGE Litt. circ. 25 jan 1977; SCRIS Ep., 4 mar. 1977// | ||
- | §2 Religious of a clerical institute who do not have a special habit are to wear clerical dress, in accordance with can. 284. //Sources 136.1, 188.7, 2379; SCRIS Notif., 25 feb. 1972; SCRIS Notif mar 1974; SCE Litt. circ. 27 jan 1976; SCRIS Notif., 12 nov. 1976// | + | §2 Religious of a clerical institute who do not have a special habit are to wear clerical dress, in accordance with can. 284. |
+ | * //Sources 136.1, 188.7, 2379; SCRIS Notif., 25 feb. 1972; SCRIS Notif mar 1974; SCE Litt. circ. 27 jan 1976; SCRIS Notif., 12 nov. 1976// | ||
- | **Canon 670 Right to All Necessary for Vocation** The institute must supply the members with everything | + | **Canon 670 Right to All Necessary for Vocation** The institute must supply the members with __everything__ |
+ | * N: This is the only right strictly speaking in the whole title; an it is quite general, and in a sense is a sum of all the duties of the institute | ||
+ | * Included would be basic physical needs food, clothing, shelter, healthcare, along with those thing necessary to participate | ||
+ | * Sources: LG 43; PC 18; ET 26; See also Trent XXV regulares c.2. | ||
+ | * Connections: | ||
- | **Canon 671 Permission for Outside Offices** Religious are not to undertake tasks and offices outside their own institute without the permission of the lawful Superior. //Sources: 608; CD 35.2; ET 20, 26. Connections: | + | **Canon 671 Permission for Outside Offices** Religious are not to undertake tasks and offices outside their own institute without the permission of the lawful Superior. |
+ | * Institutes have a procedure for missioning the brothers/ | ||
+ | * //Sources: 608; CD 35.2; ET 20, 26. Connections: | ||
- | **Canon 672 Other Canons** Religious are bound by the provisions of cann. 277 (celibacy) ,285 (exercise of civil power), 286 (unauthorized commercial activities), | + | **Canon 672 Other Canons** Religious are bound by the provisions of cann. 277 (celibacy), 285 (exercise of civil power), 286 (unauthorized commercial activities), |
+ | * No prohibition on practice of medicine as was found in CIC17. But stricter prohibition on partisan politics. | ||
+ | * Sources: 592; SCR Resp. 15 jul. 1919 (AAS 11 [1919] 321-323); SCR Litt. circ., 10 feb. 1924; SCR Litt. 29 apr. 1946; SCR Litt. circ., 2 maii 1951; SCR Secr. Militare servitium, 30 jul. 1957 (AAS 49 [1957] 871-874); LMR I. | ||
+ | * Connections: | ||
- | ==CHAPTER V: APOSTOLATE OF INSTITUTES== | + | ===CHAPTER V: APOSTOLATE OF INSTITUTES=== |
| | ||
+ | * This chapter is not in CIC17. | ||
+ | * Religious life and contemplative life are central. | ||
+ | * This chapter speaks of apostolates of the institutes as distinct from the apostolate of individual religious or of individual christians. | ||
- | **Canon 673 Life is Primary Mission** The apostolate of all religious consists | + | **Canon 673 Life is Primary Mission** The apostolate of all religious consists |
- | **Canon 674 Contemplative Institutes** Institutes which are wholly | + | **Canon 674 Contemplative Institutes** Institutes which are __wholly |
+ | * Reaffirmed in Vultum Dei quaerere and Cor orans. | ||
**Canon 675 Apostolate Essential** | **Canon 675 Apostolate Essential** | ||
§1 Apostolic action is of the very nature of institutes dedicated to apostolic works. The whole life of the members is, therefore, to be imbued with an apostolic spirit, and the whole of their apostolic action is to be animated by a religious spirit. | §1 Apostolic action is of the very nature of institutes dedicated to apostolic works. The whole life of the members is, therefore, to be imbued with an apostolic spirit, and the whole of their apostolic action is to be animated by a religious spirit. | ||
+ | * Apostolic action is essential to apostolic institutes. | ||
+ | * Apostolic spirit => religious life. Religious spirit => apostolic life. They are mutually enriching. | ||
- | §2 Apostolic action is always to proceed | + | §2 Apostolic action is always to proceed |
- | §3 Apostolic action exercised | + | §3 Apostolic action exercised |
+ | * As public juridic persons, by the law itself, institutes act in nominae ecclesiae. | ||
**Canon 676 Participation in Pastoral Mission** Lay institutes of men and women participate in the pastoral mission of the Church through the spiritual and corporal works of mercy, performing very many different services for people. They are therefore to remain faithful to the grace of their vocation. | **Canon 676 Participation in Pastoral Mission** Lay institutes of men and women participate in the pastoral mission of the Church through the spiritual and corporal works of mercy, performing very many different services for people. They are therefore to remain faithful to the grace of their vocation. | ||
+ | * descriptive | ||
**Canon 677 Proper Works** | **Canon 677 Proper Works** | ||
§1 Superiors and members are faithfully to hold fast to the mission and works which are proper to their institute. According to the needs of time and place, however, they are prudently to adapt them, making use of new and appropriate means. | §1 Superiors and members are faithfully to hold fast to the mission and works which are proper to their institute. According to the needs of time and place, however, they are prudently to adapt them, making use of new and appropriate means. | ||
+ | * Proper works are those most closely related to the institute' | ||
+ | |||
§2 Institutes which have associations of Christ' | §2 Institutes which have associations of Christ' | ||
+ | * Some institutes have associations aggregated to them. Others invite individuals to associate to the institute, in a movement that is evolving, particularly in the US. There had been some ambiguity regarding the rights of associates, some institutes affording them nearly the same rights as their sisters/ | ||
**Canon 678 Relations of Bishop to Apostolate** | **Canon 678 Relations of Bishop to Apostolate** | ||
+ | |||
§1 In matters concerning the care of souls, the public exercise of divine worship and other works of the apostolate, religious are subject to the authority of the Bishops, whom they are bound to treat with sincere obedience and reverence. | §1 In matters concerning the care of souls, the public exercise of divine worship and other works of the apostolate, religious are subject to the authority of the Bishops, whom they are bound to treat with sincere obedience and reverence. | ||
+ | * Bishops welcome and support the ministry of religious in the local church, and they will have particular concern for the clerical "care of souls" (canon 150) and "the public exercise of divine worship" | ||
+ | |||
§2 In the exercise of an apostolate towards persons outside the institute, religious are also subject to their own Superiors and must remain faithful to the discipline of the institute. If the need arises, Bishops themselves are not to fail to insist on this obligation. | §2 In the exercise of an apostolate towards persons outside the institute, religious are also subject to their own Superiors and must remain faithful to the discipline of the institute. If the need arises, Bishops themselves are not to fail to insist on this obligation. | ||
+ | * See also canon 671. | ||
+ | |||
§3 In directing the apostolic works of religious, diocesan Bishops and religious Superiors must proceed by way of mutual consultation. | §3 In directing the apostolic works of religious, diocesan Bishops and religious Superiors must proceed by way of mutual consultation. | ||
+ | * Mutuae relationes (1978). Pope Francis announced, in January 2014, the need for a reform of the document, this may take some time. | ||
- | **Canon 679 Bishop Forbids Residence** For a very grave reason | + | **Canon 679 Bishop Forbids Residence** For a __very |
+ | * An exception to the right of a religious to live in the house of the institute. | ||
+ | * This would be a serious problem for an institute present in only one diocese. Where would they live? Rarely used. | ||
**Canon 680 Apostolic Cooperation** Organized cooperation is to be fostered among different institutes, and between them and the secular clergy. Under the direction of the Bishop, there is to be a coordination of all apostolic works and actions, with due respect for the character and purpose of each institute and the laws of its foundation. | **Canon 680 Apostolic Cooperation** Organized cooperation is to be fostered among different institutes, and between them and the secular clergy. Under the direction of the Bishop, there is to be a coordination of all apostolic works and actions, with due respect for the character and purpose of each institute and the laws of its foundation. | ||
Line 660: | Line 1069: | ||
**Canon 681 Works Entrusted** | **Canon 681 Works Entrusted** | ||
- | §1 Works which the diocesan | + | §1 Works which the diocesan |
- | §2 In these cases a written agreement | + | * Often parishes or schools, should be works in keeping with the mission of the institute. |
+ | |||
+ | §2 In these cases a __written agreement__ | ||
+ | * Written agreements help to avoid misunderstanding. They may also cover term of the agreement, compensation, | ||
**Canon 682 Ecclesiastical Office** | **Canon 682 Ecclesiastical Office** | ||
§1 If an ecclesiastical office in a diocese is to be conferred on a member of a religious institute, the religious is appointed by the diocesan Bishop on presentation by, or at least with the consent of, the competent Superior. | §1 If an ecclesiastical office in a diocese is to be conferred on a member of a religious institute, the religious is appointed by the diocesan Bishop on presentation by, or at least with the consent of, the competent Superior. | ||
+ | * Here a member of the institute is entrusted with an ecclesiastical office in the diocese. | ||
§2 The religious can be removed from the office at the discretion of the authority who made the appointment, | §2 The religious can be removed from the office at the discretion of the authority who made the appointment, | ||
+ | * A written agreement may provide conditions or a procedure for removal, e.g. a just cause, prior notice, etc. | ||
**Canon 683 Episcopal Visitation** | **Canon 683 Episcopal Visitation** | ||
Line 674: | Line 1088: | ||
§2 If the diocesan Bishop becomes aware of abuses, and a warning to the religious Superior having been in vain, he can by his own authority deal with the matter. | §2 If the diocesan Bishop becomes aware of abuses, and a warning to the religious Superior having been in vain, he can by his own authority deal with the matter. | ||
+ | * Superiors have the primary responsibility for the internal life of the institute and its internal works: formation, life of the members. However, if it is part of the public ministry of the local church, the bishop can visit. | ||
- | ==CHAPTER VI: SEPARATION OF MEMBERS FROM THE INSTITUTE== | + | ===CHAPTER VI: SEPARATION OF MEMBERS FROM THE INSTITUTE=== |
+ | * Many institutes' | ||
**ARTICLE 1: TRANSFER TO ANOTHER INSTITUTE** | **ARTICLE 1: TRANSFER TO ANOTHER INSTITUTE** | ||
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**Canon 684 Transfer** | **Canon 684 Transfer** | ||
- | §1 Perpetually professed members cannot transfer from their own religious institute to another, except by permission | + | §1 Perpetually professed members cannot transfer from their own religious institute to another, except by __permission |
+ | * Formerly required permission of Holy See, now just permission of institutes //a quo// and //ad quem//. Historically seen as only very exceptional. Also in CIC17 one could not enter another institute after departing a first. Also, one had to move to a 'more strict' | ||
+ | * Only religious in perpetual vows (thought temporary professed could transfer in CIC17). It is not a right, but superiors should work to help sisters/ | ||
+ | * The institute //a quo// should give reasonable information about the member to the institute //ad quem// and should give permission generously. If the applicant has a history of physical or psychological illness, addictions or behavioral problems permission is rarely given. In the absence of permission, a sincere religious could petition CEA. | ||
+ | * Motivations: | ||
- | §2 On completion of a probationary period of at least three years, the member can be admitted to perpetual | + | §2 On completion of a probationary period of __at least three years__, the member can be admitted to __perpetual |
+ | * Probation is at least three years, and should not extend indefinitely. At least in theory, this probation could begin before the permission to transfer, e.g. as in the case of a religious who lives with another community for a period of years for study or ministry, and subsequently seeks to transfer. | ||
+ | * At the end of probation 1) profession in the new institute, or 2) return to the original institute, or 3) departure from religious life - through the original institue. (Use of secularization here is an anomaly.) In the case of doubt, one could extend the period of probation, or seek exclaustration. | ||
+ | * Purpose is to verify the discernment of transfer and reach a mutual agreement on the suitability of the member for life in the institute //ad quem//. | ||
+ | * The member and the institute //ad quem// remain free during the probationary period. The Institute //a quo// must welcome the member back if the transfer is not successful, however, experience shows this can be a challenge. | ||
+ | * CIC17 required novitiate in the new institute. | ||
- | §3 For a religious to transfer from one autonomous monastery | + | §3 For a religious to transfer from one __autonomous monastery__ |
+ | * Here again, the permission of the Holy See is not required. | ||
+ | * E.g. transfer from one Carmelite monastery to another. The person remains under the same constitutions, | ||
+ | * [[http:// | ||
- | §4 The institute's own law is to determine the time and manner of the probation which must precede the member' | + | §4 The __institute's own law__ is to determine the time and manner of the probation which must precede the member' |
+ | * The member already has experience of religious life, but will need formation with regard to the particular institute //ad quem//: the particular manner of living spirituality, | ||
- | §5 To transfer to a secular | + | §5 To transfer to a __secular |
+ | * This concerns changing to a different type of life. Here, consent of SM is no longer sufficient | ||
+ | * Transfer to eremetical life or that of a consecrated virgin is not permitted. One wishing to make such a move would consult the diocesan bishop and determine if they would be accepted and determine the necessary preparation, | ||
+ | * Transfer to or from a new foundation would not be covered by these canons and is juridically something different entirely. However, these canons can be used for guidance | ||
- | **Canon 685 Rights | + | **Canon 685 Rights |
§1 Until profession is made in the new institute, the rights and obligations of the member in the previous institute are suspended, but the vows remain. From the beginning of probation, the member is bound to observe the laws of the new institute. | §1 Until profession is made in the new institute, the rights and obligations of the member in the previous institute are suspended, but the vows remain. From the beginning of probation, the member is bound to observe the laws of the new institute. | ||
+ | * The individual remains a member of the insitute //a quo// with rights and obligations suspended, while living the life of the institute //ad quem//. | ||
§2 By profession in the new institute the member is incorporated into it, and the earlier vows, rights and obligations cease. | §2 By profession in the new institute the member is incorporated into it, and the earlier vows, rights and obligations cease. | ||
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**ARTICLE 2: DEPARTURE FROM THE INSTITUTE** | **ARTICLE 2: DEPARTURE FROM THE INSTITUTE** | ||
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+ | * Contrary to CIC17 the procedures are the same here for male and female, cleric and lay, exempt and non-exempt, temporary and perpetually professed. | ||
+ | * Contrary to CIC17 lawful definitive departure results ipso facto in termination of vows and rights and obligations of membership. | ||
+ | * Contrary to CIC17 procedures vary more according to cause for departure, than the status of the religious. | ||
+ | * Contrary to CIC17 there is a list in 696.1 of some reasons for dismissal. | ||
**Canon 686 Exclaustration** | **Canon 686 Exclaustration** | ||
- | §1 With the consent of the council, the supreme Moderator | + | §1 With the consent of the council, the __supreme Moderator__ |
+ | * CIC17 reserved this entire matter to the Holy See and the bishop of the residence of the religious. | ||
+ | * Exclaustration | ||
+ | * This is different from absense in canon 665, requires a grave cause, and often it is for vocational discernment. Sometimes, a religious would like freedom to pursue a ministry or education, for a period | ||
+ | * There should be some contact and pastoral care; this should be discussed with the member, since expectations in this regard may differ. | ||
+ | * Extensions may be granted by the Holy See once, but rarely a second time. It is understood that the institute can grant 1 one year periods, it is only when the whole time is more than 3 years that one must go to Rome for the permission. | ||
+ | * Exclaustration time requires a lot of adjustment - it requires discipline for a member to find the necessary time to discern, with all the distractions of transition, living and working. | ||
+ | * Civil law issues include implied agency relationship, | ||
- | §2 Only the Apostolic See can grant an indult of exclaustration for cloistered nuns. Derogated by CO 130, 177, 178 | + | < |
+ | * CO 177 - The major superior with the consent of her council can grant exclaustration up to one year. | ||
+ | * CO 130, 178 - Federation Council gives up to three years exclaustration. | ||
- | §3 At the request | + | §3 At the __request |
- | + | * This was not present in CIC17, but in the practice of CICL //exclaustratio ad nutum Sanctae Sedis// beginning in the 1950s. | |
- | //Leave of Absence is simple permission to be absent. It was used under the 1917 code to avoid going to Rome for exclaustration. Current practice in this regard is often a hold over from that period.// | + | * Can end only with the permission of the imposing authority. Granted rarely. Since it implicates rights, process for dismissal must be used: warnings, right of defense, etc. |
+ | * Often used when someone cannot live the life of the community without disrupting the monastery. However, sometimes this has gone on for a long time and the person is too unhealthy or elderly to be dismissed. Thus they live outside, with the support of the community. Rare, most often with contemplative nuns. | ||
+ | | ||
**Canon 687 Effects of Exclaustration** | **Canon 687 Effects of Exclaustration** | ||
- | Exclaustrated members are dispensed from obligations incompatible with their new condition. They remain dependent on and under the care of their Superiors and, particularly in the case of a cleric, of the local Ordinary. They may wear the religious habit, unless the indult specifies otherwise, but they lack active and passive voice. | + | * Exclaustrated members are dispensed from obligations incompatible with their new condition. They remain dependent on and under the care of their Superiors and, particularly in the case of a cleric, of the local Ordinary. They may wear the religious habit, unless the indult specifies otherwise, but they lack active and passive voice. |
+ | * Live poverty: simply, turning over excess income, non-ownership. However, if members are planning to depart, the accountability is relaxed. Member should be self-supporting, | ||
+ | * It is important to clarify financial matters to avoid confusion | ||
**Canon 688 Temporary Professed** | **Canon 688 Temporary Professed** | ||
- | §1 A person who, on completion of the time of temporary profession, wishes to leave the institute, is free to do so. | + | §1 A person who, on completion of the time of temporary profession, wishes to leave the institute, is free to do so. |
- | §2 A person who, during the time of temporary profession, for a grave reason | + | §2 A person who, during the time of temporary profession, for a __grave reason__ |
+ | * This is a an exercise of the power of governance by lay supreme moderator of a pontifical institute. | ||
**Canon 689 Exclusion From Further Profession** | **Canon 689 Exclusion From Further Profession** | ||
- | §1 The competent | + | §1 The competent |
- | §2 Even though contracted after profession, a physical or psychological | + | §2 Even though contracted after profession, a physical or psychological |
+ | * If one was formerly capable of living the life of the institute and becomes incapable, then they cannot be admitted to further profession. | ||
- | §3 A religious who becomes insane during the period of temporary vows cannot | + | §3 A religious who becomes insane during the period of temporary vows __cannot |
+ | * //Amens// incapable of the human act of profession | ||
+ | * We would use more precise terminology today, and it is unlikely to arise in the short period of temporary vows, if it wasn't there before. | ||
**Canon 690 Re-admission** | **Canon 690 Re-admission** | ||
- | §1 A person who lawfully leaves the institute after completing the novitiate or after profession, can be re-admitted | + | §1 A person who lawfully leaves the institute after completing the novitiate or after profession, can be __re-admitted__ |
+ | * Readmission is to the same institute. Also, if the institute has merged, one must ascertain whether readmission is possible. I.e. is the institute the person was in substantialy present? or has it substantially changed | ||
+ | * In CCEO, novitiate must be entirely repeated. | ||
+ | * This and 684-685 are on admission and formation, but are in the section on separation because they also have an element of separation. | ||
+ | * Length of temporary vows is somewhat ambiguous: can the nine year limit be exceeded, counting the two periods of time in temporary vows. Most would say yes, but the period in formation should be unnecessarily prolonged. | ||
- | §2 The Superior | + | §2 The __Superior |
**Canon 691 Grounds for Departure** | **Canon 691 Grounds for Departure** | ||
- | §1 A perpetually professed religious is not to seek an indult to leave the institute, except for very grave reasons, weighed before the Lord. The petition is to be presented to the supreme Moderator | + | §1 A perpetually professed religious is not to seek an indult to leave the institute, except for __very |
+ | * With gravest reasons, petitions the Pope or bishop. SM forwards it with their opinion and that of the council. | ||
- | §2 In institutes of pontifical | + | §2 In institutes of __pontifical__ |
**Canon 692 Effect of Indult** | **Canon 692 Effect of Indult** | ||
- | An indult to leave the institute, which is lawfully | + | An indult to leave the institute, which is lawfully |
+ | * A rescript granted in favor of the individual does not have to be used, canon 71. | ||
+ | * Indult comes from CEA to SM. S/he communicates it to the member. It is wise to get proof of delivery, a signature, witnesses. There is sometimes a disagreement about arrangements for departure, but the individual still does not intend to return to the institute - and in this accepts the rescript. | ||
**Canon 693 Incardination after Departure** | **Canon 693 Incardination after Departure** | ||
- | If the member is a cleric, the indult is not granted | + | If the member is a __cleric, the indult is not granted |
+ | * If no bishop is found, a cleric will either not exercise ministry, or will seek laicization. | ||
**ARTICLE 3: DISMISSAL OF MEMBERS** | **ARTICLE 3: DISMISSAL OF MEMBERS** | ||
| | ||
+ | * Contrary to CIC17 the procedures are the same here for male and female, cleric and lay, exempt and non-exempt, temporary and perpetually professed. | ||
+ | * Contrary to CIC17 lawful definitive departure results ipso facto in termination of vows and rights and obligations of membership. | ||
+ | * Contrary to CIC17 procedures vary more according to cause for departure, than the status of the religious. | ||
+ | * Contrary to CIC17 there is a list in 696.1 of some reasons for dismissal. | ||
- | **Canon 694 Automatic | + | **Canon 694 __Automatic__ |
- | §1 A member is to be considered automatically dismissed if he or she: | + | §1 A member is to be considered automatically dismissed if he or she: |
- | * 1° has notoriously defected | + | * 1° has __notoriously defected__ |
- | * 2° has contracted marriage | + | * 2° has __contracted marriage__ |
+ | * 3° has __been absent__ from the religious house illegitimately, | ||
- | §2 In these cases the major Superior | + | §2 In these cases the __major Superior__ |
+ | * Dismissal occurs by operation of law. The superior collects the proofs so that it is juridically established and can be properly noted. For this reason, it is not reserved to the SM. | ||
+ | * Notorious defection is not the same as delicts of canon 751 that result in //latae sententiae// | ||
+ | * Marriage is proven through documentation. It does not include other offenses against the vow of chastity. | ||
+ | §3. In the case provided for in § 1 no. 3, for this declaration to be legally established it must be confirmed by the Holy See; for the institutes of diocesan right the confirmation is up to the Bishop of the principal house. [[https:// | ||
**Canon 695 Obligatory Dismissal** | **Canon 695 Obligatory Dismissal** | ||
- | §1 A member | + | §1 A member |
+ | * Canon 1397 - Homicide, kidnaping, detains, mutilates, or gravely wounds a person by force or fraud. | ||
+ | * Canon 1398 - Completed abortion. | ||
+ | * Canon 1395 - Concubinage, | ||
+ | |||
+ | §2 In these cases the __major Superior__ is to __collect the evidence__ concerning the facts and the imputability of the offense. The accusation and the evidence are then to be __presented to the member__, who shall be given the __opportunity for defense__. All the acts, signed by the major Superior and the notary, are to be __forwarded__, | ||
+ | * Dismissal is determined, if the situation is proved and imputable. If proved, the dismissal is required, no possibility of reform, renewal is admitted, except possibly 1395.2. | ||
+ | * Major superior is competent, and doesn' | ||
+ | * There is no parallel in the Eastern code. | ||
- | §2 In these cases the major Superior is to collect the evidence concerning the facts and the imputability of the offense The accusation and the evidence are then to be presented to the member, who shall be given the opportunity for defense All the acts, signed by the major Superior and the notary, are to be forwarded, together with the written and signed replies of the member, to the supreme Moderator. | ||
- | **Canon 696 Cause for Dismissal** | + | **Canon 696 Discretionary |
- | §1 A member | + | §1 A member |
+ | * __habitual__ | ||
+ | * __repeated__ | ||
+ | * __obstinate__ | ||
+ | * __grave__ | ||
+ | * __obstinate__ | ||
+ | * __public__ | ||
+ | * the __unlawful__ | ||
+ | * other reasons of similar gravity which are perhaps defined in the institute' | ||
- | §2 A member in temporary vows can be dismissed even for less grave reasons determined in the institute' | + | §2 A member in temporary vows can be dismissed even for less grave reasons determined in the institute' |
**Canon 697 Development of Record** | **Canon 697 Development of Record** | ||
- | §1 In the cases mentioned in can. 696, if the major Superior, after consulting | + | §1 In the cases mentioned in can. 696, if the __major Superior__, __after consulting__ |
- | * 1° the major Superior is to collect or complete the evidence; | + | * 1° the major Superior is to collect or complete the __evidence__; |
- | * 2° the major Superior is to warn the member in writing, or before two witnesses, with an explicit caution | + | * 2° the major Superior is to __warn__ |
- | * 3° if this latter warning is also ineffectual, and the major Superior with his or her council judges that there is sufficient | + | * 3° if this latter warning is also __ineffectual__, and the major Superior with his or her council judges that there is sufficient |
+ | * This should be done with the help of a canonist expert in law of religious communities. If the dismissal process fails to be accepted by CEA, it is generally on procedural ground. | ||
+ | * If there is reform, the process stops. If the individual provides a defense, any further action must take that into account. | ||
+ | * See canon 201.2 for counting of days. | ||
**Canon 698 Communication with Supreme Moderator** | **Canon 698 Communication with Supreme Moderator** | ||
- | In all the cases mentioned in cann. 695 and 696, the member | + | In all the cases mentioned in cann. 695 and 696, the __member__ |
**Canon 699 Dismissal Decision** | **Canon 699 Dismissal Decision** | ||
- | §1 The supreme Moderator | + | §1 The __supreme Moderator__ |
+ | * If there are not four councillors, | ||
+ | * Secret, collegial vote - all five vote, three must vote for dismissal. | ||
- | §2 In the autonomous monasteries mentioned in can. 615, the judgment about dismissal belongs to the diocesan Bishop. The Superior is to submit the acts to him after they have been reviewed by the council. | + | §2 In the autonomous monasteries mentioned in can. __615__, the judgment about dismissal belongs to the __diocesan Bishop__. The Superior is to submit the acts to him after they have been reviewed by the council. |
**Canon 700 Decree of Dismissal** | **Canon 700 Decree of Dismissal** | ||
- | The decree of dismissal has no effect unless it is confirmed | + | The decree of dismissal has no effect unless it is __confirmed |
+ | * Authentic interpretation requires confirmation to be sought before the member is notified of the decree of dismissal. | ||
+ | * Recourse against the decree of the SM, confirmed by CICL is to CICL, per an authentic interpretation. After that, recourse is to the Signatura. | ||
+ | * Recourse against the decree of the SM, confirmed by the bishop is to the bishop, per an authentic interpretation. After that, recourse is to CICL then to the Signatura. | ||
+ | * The institute would pay the canonist and the expenses of this process. | ||
**Canon 701 Effect of Dismissal** | **Canon 701 Effect of Dismissal** | ||
- | By lawful dismissal, both the vows and the rights and duties deriving from profession automatically | + | By lawful dismissal, both the __vows |
- | **Canon 702 Who Misses** | + | **Canon 702 Equity and Charity** |
- | §1 Whoever lawfully leaves a religious institute or is lawfully dismissed from one, cannot claim anything from the institute for any work done in it. | + | §1 Whoever lawfully leaves a religious institute or is lawfully dismissed from one, __cannot claim__ |
+ | * Those who leave receive any personal property they have as their personal goods, and also any education, etc. but they do not receive any earnings. | ||
- | §2 The institute, however, is to show equity | + | §2 The institute, however, is to show __equity |
+ | * Those who must reestablish themselves generally receive initial support from the instiute. This support is determined by the age and health of the person, their earning capacity, any personal goods they have, etc. Any funds earned during a prior period of exclaustration are generally given to the individual. | ||
+ | * The financial arrangement should be in writing. | ||
- | **Canon 703 Expulsion** | + | **Canon 703 Expulsion |
- | §1 In a case of grave external | + | §1 In a case of __grave |
+ | * E.g. violence toward elderly sisters/ | ||
**Canon 704 Report Separated Members** | **Canon 704 Report Separated Members** | ||
- | In the report to be sent to the Apostolic See in accordance with can. 592, §1, mention is to be made of members | + | In the report to be sent to the Apostolic See in accordance with can. 592, §1, mention is to be made of __members |
- | ==CHAPTER VII: RELIGIOUS RAISED TO THE EPISCOPATE== | + | ===CHAPTER VII: RELIGIOUS RAISED TO THE EPISCOPATE=== |
| | ||
**Canon 705 Released from Religious obligations** | **Canon 705 Released from Religious obligations** | ||
- | A religious who is raised to the episcopate remains a member | + | A religious who is raised to the episcopate remains a __member |
[http:// | [http:// | ||
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§2 If he has served a diocese, can. 402 §2 is to be observed concerning his suitable and worthy maintenance, | §2 If he has served a diocese, can. 402 §2 is to be observed concerning his suitable and worthy maintenance, | ||
- | ==CHAPTER VIII: CONFERENCES OF MAJOR SUPERIORS== | + | ===CHAPTER VIII: CONFERENCES OF MAJOR SUPERIORS=== |
| | ||
+ | * Date back to 1898, promoted by popes through the 20th century. | ||
**Canon 708 Establishment** | **Canon 708 Establishment** | ||
- | Major Superiors can usefully meet together in conferences | + | Major Superiors can usefully meet together in __conferences |
+ | * No power of governance, instead the act for collaboration and addressing common concerns. E.g. helping institutes with financial and legal affairs, vocation and formation, preparation of superiors, addressing completion. | ||
+ | * Some have mixed commissions of major superiors and bishops aimed at mutual information and collaboration. | ||
**Canon 709 Statutes** | **Canon 709 Statutes** | ||
- | 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. |
+ | * Some conferences are unified, for all religious | ||
+ | * Some have separate conferences for men, women, cleric, lay, contemplative, | ||
- | ===TITLE III: SECULAR INSTITUTES=== | + | ====TITLE III: SECULAR INSTITUTES==== |
| | ||
+ | * Common norms on consecrated life all apply to secular institutes. | ||
+ | * [[https:// | ||
- | **Canon 710 Definition** | + | **Canon 710 Definition** A secular institute is an institute of __consecrated life__ |
- | A secular institute is an institute of consecrated life in which Christ' | + | * Vowed life in a secular setting, community and mission are not essential to this form of consecrated life. |
+ | * Common norms on consecrate life in Title I are applicable. | ||
**Canon 711 Canonical Status** | **Canon 711 Canonical Status** | ||
- | | + | |
+ | * Members are not " | ||
**Canon 712 Sacred Bonds** | **Canon 712 Sacred Bonds** | ||
- | | + | |
+ | * Manner of living the counsels will preserve the secularity that is proper to their institute. | ||
+ | * Poverty and Obedience are those of one living singly - with accountability to the moderator. | ||
+ | * The counsels are not undertaken by public vows - however, they seem to be more than private vows under canons 1191-1198. | ||
**Canon 713 Apostolic Activity** | **Canon 713 Apostolic Activity** | ||
- | §1 Members of these institutes express and exercise their special consecration in apostolic activity. Like a leaven, they endeavor to permeate everything with an evangelical spirit for the strengthening and growth of the Body of Christ. | + | §1 Members of these institutes express and exercise their special consecration in apostolic activity. Like a leaven, they endeavor to permeate everything with an evangelical spirit for the strengthening and growth of the Body of Christ. |
- | §2 Lay members participate in the evangelizing mission of the Church in the world and from within the world. They do this by their witness of Christian life and of fidelity to their consecration, | + | §2 Lay members participate in the evangelizing mission of the Church in the world and from within the world. They do this by their witness of Christian life and of fidelity to their consecration, |
- | §3 Clerical members, by the witness of their consecrated life, especially in the presbyterium, | + | §3 Clerical members, by the witness of their consecrated life, especially in the presbyterium, |
+ | * Consecration enhances ministry of clerics. | ||
- | **Canon 714 Life in the World** | + | **Canon 714 Life in the World** Members are to live their lives in the __ordinary__ |
- | Members are to live their lives in the ordinary | + | |
**Canon 715 Clerical members** | **Canon 715 Clerical members** | ||
- | §1 Clerical members | + | §1 Clerical members |
- | §2 Those who, in accordance with the norms of can. 266 §3, are incardinated | + | §2 Those who, in accordance with the norms of can. 266 §3, are __incardinated |
**Canon 716 Active members** | **Canon 716 Active members** | ||
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**Canon 717 Governance** | **Canon 717 Governance** | ||
- | §1 The constitutions | + | §1 The __constitutions__ |
§2 No one is to be designated supreme Moderator unless definitively incorporated into the institute. | §2 No one is to be designated supreme Moderator unless definitively incorporated into the institute. | ||
§3 Those entrusted with the governance of the institute are to ensure that its unity of spirit is maintained, and that the active participation of the members is developed. | §3 Those entrusted with the governance of the institute are to ensure that its unity of spirit is maintained, and that the active participation of the members is developed. | ||
+ | * Canon gives broad flexibility in establishing governance. | ||
**Canon 718 Temporal Goods** The administration of the goods of the institute must express and foster evangelical poverty. It is governed by the norms of Book V on 'The Temporal Goods of the Church', | **Canon 718 Temporal Goods** The administration of the goods of the institute must express and foster evangelical poverty. It is governed by the norms of Book V on 'The Temporal Goods of the Church', | ||
+ | * Manner of life indicates that there may not be houses or ministries of the institute, but it will have some funds for the support of community, governance, formation and mission. | ||
- | **Canon 719 Obligations of Members** | + | **Canon 719 Spiritual |
- | §1 Members are to respond faithfully to their vocation, and their apostolic action is to proceed from their union with Christ. They are therefore to devote themselves assiduously to prayer | + | §1 Members are to respond faithfully to their vocation, and their apostolic action is to proceed from their union with Christ. They are therefore to devote themselves assiduously to __prayer__ |
- | §2 The celebration of the Eucharist, daily where possible, is to be the source and strength of their whole consecrated life. | + | §2 The celebration of the __Eucharist__, daily where possible, is to be the source and strength of their whole consecrated life. |
- | §3 They are to go freely to the sacrament of penance | + | §3 They are to go freely to the sacrament of __penance__ |
- | §4 They are to be free to obtain the necessary | + | §4 They are to be free to obtain the necessary |
- | **Canon 720 Who Admits** The right of admitting a person to the institute, or to probation, or to the taking of sacred bonds, both temporary and perpetual or definitive, belongs to the major Moderators with their council, in accordance with the constitutions. | + | **Canon 720 Who Admits** The right of admitting a person to the institute, or to probation, or to the taking of sacred bonds, both temporary and perpetual or definitive, belongs to the __major |
+ | * Admission to the institute and to each stage belongs to the major Moderator and council. Canon 597 has basic requirements that also apply. | ||
**Canon 721 Admission** | **Canon 721 Admission** | ||
§1 The following are invalidly admitted to initial probation: | §1 The following are invalidly admitted to initial probation: | ||
- | |||
* 1° one who has not yet attained majority; | * 1° one who has not yet attained majority; | ||
* 2° one who is currently bound by a sacred bond in another institute of consecrated life, or incorporated in a society of apostolic life; | * 2° one who is currently bound by a sacred bond in another institute of consecrated life, or incorporated in a society of apostolic life; | ||
Line 905: | Line 1418: | ||
§1 The initial probation is to be so arranged that the candidates can better recognize their divine vocation and their vocation to that institute, and be trained in the spirit and manner of life of the institute. | §1 The initial probation is to be so arranged that the candidates can better recognize their divine vocation and their vocation to that institute, and be trained in the spirit and manner of life of the institute. | ||
- | §2 Candidates are to be properly formed to live a life according to the evangelical counsels. They are to be taught how to translate this life completely into their apostolate, applying those forms of evangelistic | + | §2 Candidates are to be properly formed to live a life according to the __evangelical counsels__. They are to be taught how to translate this life completely into their apostolate, applying those forms of evangelizaion |
- | §3 The constitutions are to define the manner and time of the probation to be made before the first sacred bonds are undertaken in the institute; this time is to be not less than two years. | + | §3 The constitutions are to define the manner and time of the probation to be made before the first sacred bonds are undertaken in the institute; this time is to be not less than __two years__. |
+ | * Because of the secularity of the life-style, formation is generally not full-time, thus a longer period of preparation may be called for. | ||
+ | * [[http:// | ||
**Canon 723 First Incorporation** | **Canon 723 First Incorporation** | ||
- | §1 When the time of the initial probation has been completed, a candidate who is judged suitable is either to undertake | + | §1 When the time of the initial probation has been completed, a candidate who is judged suitable is either to __undertake |
- | §2 This first incorporation is to be temporary, in accordance with the constitutions, | + | §2 This first incorporation is to be temporary, in accordance with the constitutions, |
§3 When this period of incorporation has been completed, a member who is judged suitable is to be admitted to perpetual, or definitive incorporation, | §3 When this period of incorporation has been completed, a member who is judged suitable is to be admitted to perpetual, or definitive incorporation, | ||
+ | * Can be definitive, or life-long temporary. | ||
§4 Definitive incorporation is equivalent to perpetual incorporation in respect of defined juridical effects, which are to be established in the constitutions. | §4 Definitive incorporation is equivalent to perpetual incorporation in respect of defined juridical effects, which are to be established in the constitutions. | ||
- | **Canon 724 Sacred Bonds** | + | **Canon 724 Ongoing Formation** |
§1 After the first acceptance of the sacred bonds, formation is to continue without interruption in accordance with the constitutions. | §1 After the first acceptance of the sacred bonds, formation is to continue without interruption in accordance with the constitutions. | ||
Line 925: | Line 1441: | ||
§2 Members are to be formed simultaneously in matters human and divine. The Moderators of the institute are to have a serious concern for the continued spiritual formation of the members. | §2 Members are to be formed simultaneously in matters human and divine. The Moderators of the institute are to have a serious concern for the continued spiritual formation of the members. | ||
- | **Canon 725 Associate Members** The institute can associate with itself, by some form of bond determined in the constitutions, | + | **Canon 725 Associate Members** The institute can associate with itself, by __some |
+ | * Clarity required in the constitutions. Many religious institutes are experimenting with this as well. | ||
+ | * Married persons could be part of this associated group. | ||
- | **Canon 726 Temporary | + | **Canon 726 Departure of Temporary |
- | §1 When the time of temporary incorporation is completed, the member can freely leave the institute, or can for a just cause be excluded | + | §1 When the time of temporary incorporation is completed, the member can __freely leave__ |
- | §2 A temporarily incorporated member who freely requests it, can for a grave reason | + | §2 A temporarily incorporated member who freely requests it, can for a __grave reason__ |
**Canon 727 Departure** | **Canon 727 Departure** | ||
- | §1 A perpetually incorporated member who wishes to leave the institute must, after seriously | + | §1 A perpetually incorporated member who wishes to leave the institute must, after __seriously |
§2 For a cleric who is incardinated in the institute, the provision of can. 693 is to be observed. | §2 For a cleric who is incardinated in the institute, the provision of can. 693 is to be observed. | ||
- | **Canon 728 Departure** When an indult to leave the institute has been lawfully granted, all bonds, rights and obligations deriving from incorporation cease. | + | **Canon 728 Effect of Departure** When an indult to leave the institute has been lawfully granted, all bonds, rights and obligations deriving from incorporation cease. |
- | **Canon 729 Dismissal** A member is dismissed from the institute in accordance with the norms of cann. 694 and 695. The constitutions are also to determine other reasons for dismissal, provided they are proportionately | + | **Canon 729 Dismissal** A member is dismissed from the institute in accordance with the norms of cann. 694 **§ 1, 1 and 2** and 695. The constitutions are also to determine other reasons for dismissal, provided they are proportionately |
+ | * Procedural safeguards established for religious life are observed. Communis Vita in 2019 added automatic dismissal for members of religious institutes who are illegitimately absent for 12 continuous months and unreachable, | ||
**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. | ||
+ | * Tranfer between secular institutes is the responsibility of the moderators. | ||
+ | * To go from a secular institute to a society or a religious institue, or the reverse requires a closer look at the needs of the individual and the institute/ | ||
- | ====SECTION II: SOCIETIES OF APOSTOLIC LIFE==== | + | =====SECTION II: SOCIETIES OF APOSTOLIC LIFE===== |
| | ||
+ | * Oratory of St. Philip Neri - Oratorians founded 1575. | ||
+ | * Best known early societies come out of the French School in the 17th century: Sulpicians, Eudists, Oratory of Jesus and Mary (Berulle). Also from this period are the Daughters of Charity and the Congregation of the Mission. | ||
+ | * Missionary societies of 19th & 20th Centuries include Missionaries of Africa, Maryknoll, Columbans, Pallotines. | ||
**Canon 731 Definition** | **Canon 731 Definition** | ||
- | §1 Societies of apostolic life resemble | + | §1 Societies of apostolic life __resemble__ |
§2 Among these societies are some in which the members, through a bond defined in the constitutions, | §2 Among these societies are some in which the members, through a bond defined in the constitutions, | ||
+ | * There is some concern not to make all societies look the same. | ||
**Canon 732 Other Canons** Cann. 578-597 and 606 apply to societies of apostolic life, with due regard, however, for the nature of each society. For the societies mentioned in can. 731 §2, cann. 598-602 also apply. | **Canon 732 Other Canons** Cann. 578-597 and 606 apply to societies of apostolic life, with due regard, however, for the nature of each society. For the societies mentioned in can. 731 §2, cann. 598-602 also apply. | ||
+ | * I.e. all the common norms apply, with deference to constitutions, | ||
**Canon 733 Establishing Houses** | **Canon 733 Establishing Houses** | ||
- | §1 A house is established | + | §1 A __house |
+ | * Less specificity than canons 608-616 for religious houses. Also, seem to distinguish house and communtiy. | ||
§2 Consent to establish a house carries with it the right to have at least an oratory in which the blessed Eucharist is celebrated and reserved. | §2 Consent to establish a house carries with it the right to have at least an oratory in which the blessed Eucharist is celebrated and reserved. | ||
- | **Canon 734 Constitutions** The governance of the society is determined by the constitutions, | + | **Canon 734 Constitutions** The governance of the society is determined by the constitutions, |
+ | * RI canons on supeiors, councils and chapters apply, with deference to nature of the society. | ||
**Canon 735 Admission** | **Canon 735 Admission** | ||
Line 968: | Line 1497: | ||
§2 For admission into the society, the conditions prescribed in cann. 642-645 are to be observed. | §2 For admission into the society, the conditions prescribed in cann. 642-645 are to be observed. | ||
+ | * Only the canons on requirements are incorporated. | ||
§3 The society' | §3 The society' | ||
+ | * Phases of formation and the time in each phase is left to proper law. Also, the manner of incorporation or " | ||
**Canon 736 Incardination** | **Canon 736 Incardination** | ||
Line 976: | Line 1507: | ||
§2 The norms concerning the secular clergy apply to the program of studies and reception of orders, without prejudice to §1. | §2 The norms concerning the secular clergy apply to the program of studies and reception of orders, without prejudice to §1. | ||
+ | * Incardination can be in the society or in the diocese in accord with the constitutions. | ||
**Canon 737 Incorporation** For the members, incorporation carries with it the rights and obligations defined in the constitutions. On the part of the society, it implies a responsibility to lead the members towards the purpose of their vocation, in accordance with the constitutions. | **Canon 737 Incorporation** For the members, incorporation carries with it the rights and obligations defined in the constitutions. On the part of the society, it implies a responsibility to lead the members towards the purpose of their vocation, in accordance with the constitutions. | ||
+ | * Replaces canons on rights and obligations for RI, canons 662-672. | ||
**Canon 738 Authority** | **Canon 738 Authority** | ||
§1 All members are subject to their own Moderators in matters concerning the internal life and discipline of the society, in accordance with the constitutions. | §1 All members are subject to their own Moderators in matters concerning the internal life and discipline of the society, in accordance with the constitutions. | ||
+ | * Not taking the vow of obedience, these institutes have to define the relationship between members and authority. | ||
§2 They are also subject to the diocesan Bishop in matters concerning public worship, the care of souls and other works of the apostolate, with due regard to cann. 679-683. | §2 They are also subject to the diocesan Bishop in matters concerning public worship, the care of souls and other works of the apostolate, with due regard to cann. 679-683. | ||
+ | * Incorporates canons on apostolate of religious. | ||
§3 The relationship between a member who is incardinated in a diocese and his proper Bishop is to be defined in the constitutions or in particular agreements. | §3 The relationship between a member who is incardinated in a diocese and his proper Bishop is to be defined in the constitutions or in particular agreements. | ||
**Canon 739 Clerical Obligations** Apart from the obligations which derive from their constitutions, | **Canon 739 Clerical Obligations** Apart from the obligations which derive from their constitutions, | ||
+ | * Canons 273-289 describe the common obligations of clerics. | ||
**Canon 740 Live in Houses** Members must live in a lawfully constituted house or community and observe a common life, in accordance with their own law. This same law also governs their absence from the house or community. | **Canon 740 Live in Houses** Members must live in a lawfully constituted house or community and observe a common life, in accordance with their own law. This same law also governs their absence from the house or community. | ||
+ | * Proper law must provide norms for absences. Community life is at the service of mission, the community is a center from which to go out in mission. | ||
**Canon 741 Juridic Personality** | **Canon 741 Juridic Personality** | ||
§1 Societies and, unless the constitutions provide otherwise, their constituent parts and their houses, are juridical persons. As such, they are capable of acquiring, possessing, administering and alienating temporal goods in accordance with the provisions of Book V on 'The Temporal Goods of the Church', | §1 Societies and, unless the constitutions provide otherwise, their constituent parts and their houses, are juridical persons. As such, they are capable of acquiring, possessing, administering and alienating temporal goods in accordance with the provisions of Book V on 'The Temporal Goods of the Church', | ||
+ | * Canons incorporated are those on the finance officer, on ordinary and extraordinary administration and on debts. | ||
§2 Members are also capable, in accordance with their own law, of acquiring, possessing, administering and disposing of temporal goods, but whatever comes to them in view of the society is acquired for the society. | §2 Members are also capable, in accordance with their own law, of acquiring, possessing, administering and disposing of temporal goods, but whatever comes to them in view of the society is acquired for the society. | ||
+ | * Unless they take the vows of poverty, they continue to own and administer their own goods. | ||
- | **Canon 742 Departure** The departure and dismissal of a member who is not definitively | + | **Canon 742 Departure** The departure and dismissal of a member who is __not definitively |
+ | * Canons on religious life do not apply. The constitutions must regulate this matter entirely. They may incorporate canons on separation, and/or use them as guidelines. | ||
- | **Canon 743 Dispensation** A member who is definitively incorporated | + | **Canon 743 Dispensation** A member who is __definitively incorporated__ |
+ | * Canon 693: A cleric must still seek incardination before being released from rights and obligations of incorporation. | ||
**Canon 744 Transfer** | **Canon 744 Transfer** | ||
§1 Permission for a member who is definitively incorporated to transfer to another society of apostolic life is likewise reserved to the supreme Moderator with the consent of his or her council. The rights and obligations of the member' | §1 Permission for a member who is definitively incorporated to transfer to another society of apostolic life is likewise reserved to the supreme Moderator with the consent of his or her council. The rights and obligations of the member' | ||
+ | * Permission to transfer between societies is in the competence of the respective supreme moderators. | ||
§2 To transfer to an institute of consecrated life or from such an institute to a society of apostolic life, the permission of the Holy See is required, and its instructions are to be followed. | §2 To transfer to an institute of consecrated life or from such an institute to a society of apostolic life, the permission of the Holy See is required, and its instructions are to be followed. | ||
+ | * To go from an institute to a society, or the reverse requires a closer look at the needs of the individual and the institute/ | ||
- | **Canon 745 Live Outside** The supreme Moderator, with the consent of his or her council, can grant a definitively incorporated member an indult to live outside | + | **Canon 745 Live Outside** The supreme Moderator, with the consent of his or her council, can grant a definitively incorporated member an indult to live __outside |
+ | * The proper law may provide for a member living outside a house or community. This canon speaks of living outside the society - thus outside the authority of its Moderators. | ||
- | **Canon 746 Dismissal** For the dismissal of a member who is definitively incorporated, | + | **Canon 746 Involuntary |
+ | * Canons 694-704 provide procedural norms for the involuntary dismissal of a member. | ||
/users/ahereford.org/htdocs/canonlaw/data/pages/book2.3.txt · Last modified: 2023/06/30 15:16 by 127.0.0.1