book2.3
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| ======Book II - Part III====== | ======Book II - Part III====== | ||
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| * Diocesan bishop can erect an institute with prior written approval. Previously the canon required consultation of the holy see. Then in 2016, a rescript on this canon was issued which says in part: “Therefore, | * Diocesan bishop can erect an institute with prior written approval. Previously the canon required consultation of the holy see. Then in 2016, a rescript on this canon was issued which says in part: “Therefore, | ||
| - | The entire rescript can be viewed at: [[http:// | + | The entire rescript can be viewed at: [[http:// |
| * CF MR 57 | * CF MR 57 | ||
| Line 74: | Line 74: | ||
| * When a group begins to have a public presence in the local church they may become: 1) a de facto association, | * 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 bishop consults the Apostolic See before erecting a religious congregation. | ||
| - | * The Congregation | + | * The Dicastery |
| - | * Pastor Bonus 105-111 | + | * [[https:// |
| + | * Art. 121 - It is the responsibility of the Dicastery to promote, animate and regulate the practice of the evangelical counsels, in the way it is lived in the approved forms of consecrated life, and also with regard to the life and activity of the Societies of Apostolic Life throughout the Latin Church. | ||
| + | * Art. 122 | ||
| + | *§ 1. It is for the Dicastery to approve the Institutes of Consecrated Life and Societies of Apostolic Life, to erect them and also to grant the license for the validity of the establishment of an Institute of Consecrated Life or Society of Apostolic Life of diocesan right by the Bishop. | ||
| + | * § 2. Mergers, unions and suppressions of such Institutes of Consecrated Life and Societies of Apostolic Life are also reserved to the Dicastery. | ||
| + | * § 3. It is the responsibility of the Dicastery to approve and regulate forms of consecrated life that are new to those already recognized by law. | ||
| + | * § 4. It is the duty of the Dicastery to erect and suppress unions, confederations, | ||
| + | * Art. 123 - The Dicastery works to ensure that Institutes of Consecrated Life and Societies of Apostolic Life progress in the following of Christ as proposed by the Gospel, according to their own charism born of the spirit of the founder and sound traditions, faithfully pursue their own purposes and contribute effectively. to the building up of the Church and its mission in the world. | ||
| + | * Art. 124 - | ||
| + | * § 1. In accordance with canonical norms, the Dicastery deals with the issues of competence of the Apostolic See regarding the life and activity of the Institutes of Consecrated Life and Societies of Apostolic Life, in particular with regard to: | ||
| + | * 1. the approval of the Constitutions and their amendments; | ||
| + | * 2. the ordinary government and the discipline of the members; | ||
| + | * 3. the incorporation and training of members, including through specific rules and directives; | ||
| + | * 4. temporal goods and their administration; | ||
| + | * 5. the apostolate; | ||
| + | * 6. extraordinary government measures. | ||
| + | * § 2. The following are also the responsibility of the Dicastery, according to the norm of law: | ||
| + | * 1. the passage of a member to another approved form of consecrated life; | ||
| + | * 2. the extension of absence and exclaustration beyond the term granted by the supreme moderators; | ||
| + | * 3. the indult to leave members with perpetual vows from Institutes of Consecrated Life or Societies of Apostolic Life of pontifical right; | ||
| + | * 4. the exclaustration imposed; | ||
| + | * 5. the examination of appeals against the decree of dismissal of the members. | ||
| + | * Art. 125 - It is the responsibility of the Dicastery to erect the International Conferences of Major Superiors, to approve their Statutes and to ensure that their activity is ordered to its own purposes. | ||
| + | * Art. 126 - | ||
| + | * § 1. The eremitical life and the Ordo Virginum are forms of consecrated life and as such are subject to the Dicastery. | ||
| + | * § 2. It is the responsibility of the Dicastery to establish associations of the Ordo Virginum at the international level. | ||
| + | * Art. 127 - The competence of the Dicastery also extends to Third Orders and associations of the faithful erected with a view to becoming an Institute of Consecrated Life or a Society of Apostolic Life. | ||
| + | * The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL) was the former name organized by //Pastor Bonus// 105-111: | ||
| * 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. 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 judgment on the suitability of their erection by the diocesan bishop. It also suppresses such institutes and societies if necessary. | * Art. 106 — § 1. The Congregation erects and approves religious and secular institutes and societies of apostolic life, or passes judgment on the suitability of their erection by the diocesan bishop. It also suppresses such institutes and societies if necessary. | ||
| Line 168: | Line 195: | ||
| * 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 the 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. | * 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 the 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 of parity between brothers and priests. They have struggled to have brothers in leadership, even if there are priests in the province or congregation. | * Franciscans have a tradition of parity between brothers and priests. They have struggled to have brothers in leadership, even if there are priests in the province or congregation. | ||
| + | * **2022**: 2/11/22 effective 5/18/22, Pope Francis gave CICL the faculty to authorize, at the discretion and in individual cases, to non-members clerics the conferment of the office of major superior in clerical religious institutes of pontifical right and in clerical societies of apostolic life of pontifical right of the Latin Church and dependent on it, in derogation from can. 588 §2 CIC and the proper law of the Institute of consecrated life or of the Society of apostolic life, without prejudice to can. 134 §1. [[https:// | ||
| + | - A non-cleric member | ||
| + | - A non-cleric member | ||
| + | - A non-clerical member | ||
| + | - In the cases provided for in §§2-3, the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life reserves the right to evaluate the individual case and the reasons given by the Supreme Moderator or by the General Chapter. | ||
| **Canon 589 Pontifical Right** | **Canon 589 Pontifical Right** | ||
| Line 174: | Line 206: | ||
| * Diocesan bishop has external authority only; diocesan is a local reality - if it spreads, it may become pontifical. | * 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 monastery in France directly dependent on Holy See. | * Holy See can found directly, though this is rare, e.g. 1980 reintegration of traditionalists. Also Benedictine monastery in France directly dependent on Holy See. | ||
| - | * Apostolic institutes of women religious formally approved only in 1990, Leo XIII, //Condite | + | * Apostolic institutes of women religious formally approved only in 1900, Leo XIII, //[[https:// |
| **Canon 590 Whole Church** | **Canon 590 Whole Church** | ||
| Line 181: | Line 213: | ||
| **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. | * 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. | ||
| - | * First exempt institute was Cluny with daughter houses. Before all religious were under a 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 | + | * First exempt institute was Cluny with daughter houses. Before all religious were under a 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 coordination of ministry |
| * Exemption as a privilege in the old sense doesn' | * Exemption as a privilege in the old sense doesn' | ||
| Line 209: | Line 241: | ||
| * Ordinarii of canon 129. | * Ordinarii of canon 129. | ||
| - | * §3 The provisions of canons 131, 133 and 137-144 apply to the authority mentioned in §1. | + | * §3 The provisions of canons 131, 133, and 137-144 apply to the authority mentioned in §1. |
| * 131 Ordinary power comes from the office and delegated power is given by office-holder | * 131 Ordinary power comes from the office and delegated power is given by office-holder | ||
| * 133 Use of delegated power | * 133 Use of delegated power | ||
| * 137-8 Delegation and subdelegation of power | * 137-8 Delegation and subdelegation of power | ||
| - | * 139 Effect of approaching a higher | + | * 139 Effect of approaching a higher |
| * 140-1 Delegation to several persons | * 140-1 Delegation to several persons | ||
| * 142-3 cessation or suspension of power | * 142-3 cessation or suspension of power | ||
| Line 226: | Line 258: | ||
| * and the institute' | * and the institute' | ||
| * and without impediment, | * and without impediment, | ||
| - | * may be admitted. | + | * may be admitted |
| * §2 No one may be admitted without suitable preparation. | * §2 No one may be admitted without suitable preparation. | ||
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| * §1 __Besides__ institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful **withdraw** further from the world and devote their lives to the **praise** of God and the salvation of the world through the **silence of solitude** and through constant **prayer and penance.** | * §1 __Besides__ institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful **withdraw** further from the world and devote their lives to the **praise** of God and the salvation of the world through the **silence of solitude** and through constant **prayer and penance.** | ||
| * §2 Hermits are __recognized by law__ as dedicated to God in consecrated life if, in the hands of the diocesan Bishop, they __publicly profess__, by a vow or some other sacred bond, the **three evangelical counsels,** and then lead their particular **form of life** under the **guidance** of the diocesan Bishop | * §2 Hermits are __recognized by law__ as dedicated to God in consecrated life if, in the hands of the diocesan Bishop, they __publicly profess__, by a vow or some other sacred bond, the **three evangelical counsels,** and then lead their particular **form of life** under the **guidance** of the diocesan Bishop | ||
| - | * Groves, Robert. “Hermits & Consecrated Virgins.” Canon Law Society of America Proceedings 46 (1984): 141–148. | + | * Plan of life should include understanding of vows, solitude, relation to bishop, living, social dimension. [[http:// |
| * 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. | * 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' | * Plan of life should include living of the solitude and prayer charistic of the life, as well as the hermit' | ||
| Line 324: | Line 356: | ||
| * 1º to lead a life according to the character and proper purposes of the institute; | * 1º to lead a life according to the character and proper purposes of the institute; | ||
| * 2º to exercise the works proper to the institute according to the norm of law and without prejudice to the conditions attached to the consent; | * 2º to exercise the works proper to the institute according to the norm of law and without prejudice to the conditions attached to the consent; | ||
| - | * 3º for clerical institutes to have a church, without prejudice to the prescript of can. 1215, §3 and to perform sacred ministries, after the requirements of the law have been observed. | + | * 3º for clerical institutes to have a church, without prejudice to the prescript of can. 1215, §3 (Religious have to have special permission for a church, in addition to the permission for the house.) |
| * Permission is granted with permission to establish a house. | * Permission is granted with permission to establish a house. | ||
| * There may be restrictions placed, but they should be reasonable. | * There may be restrictions placed, but they should be reasonable. | ||
| Line 336: | Line 368: | ||
| * §2. The moderator of an autonomous house is a major superior by law. | * §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. | * 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, | + | * Secular Canons are described in Canons |
| * 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 and subsequently grew. They now have a provincial structure. Swiss Congregation of Canons Regular of Saint Maurice of Agaune. Gilbertine Order, a solely English order of canons regular, which became extinct under King Henry VIII. Canons Regular of the Immaculate Conception, a congregation of Canons Regular (France - 1871). Canons Regular of St. John Cantius (1998 - Chicago). Canons of the New Jerusalem (2002 - Wisconsin, then West Virginia). | * 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 and subsequently grew. They now have a provincial structure. Swiss Congregation of Canons Regular of Saint Maurice of Agaune. Gilbertine Order, a solely English order of canons regular, which became extinct under King Henry VIII. Canons Regular of the Immaculate Conception, a congregation of Canons Regular (France - 1871). Canons Regular of St. John Cantius (1998 - Chicago). Canons of the New Jerusalem (2002 - Wisconsin, then West Virginia). | ||
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| §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. | §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, | + | * 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. | * Daily surrender to divine kenosis. | ||
| Line 957: | Line 989: | ||
| §5 They are faithfully to observe the period of annual retreat. | §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. | + | * This is a seal on the spiritual journey. Proper law will supply the modality, type, and duration, in accord with the ancient practice of 5, 6 or 8 days. Also there are the periodic days of retreat, reflection and desert. |
| * Sources: | * Sources: | ||
| * 1. CD 33; PC 2,5,6; PO 18; RC 5; VS V; ET 42, 43, 45; MR, 16, 24; LMR II: 1 | * 1. CD 33; PC 2,5,6; PO 18; RC 5; VS V; ET 42, 43, 45; MR, 16, 24; LMR II: 1 | ||
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| * 5. 126, 595.1.1; PO 18; ET 35 | * 5. 126, 595.1.1; PO 18; ET 35 | ||
| * Connections: | * Connections: | ||
| - | * Other that Liturgy of the Hours for clerics, these are juridically imposed, but they are guidelines for good prayer. | + | * Other than Liturgy of the Hours for clerics, these are not 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. | **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. | ||
| Line 1296: | Line 1328: | ||
| **Canon 695 Obligatory Dismissal** | **Canon 695 Obligatory Dismissal** | ||
| - | + | * Canon numbers corrected by 2021 revision to Book Six [[https:// | |
| - | §1 A member | + | §1 A religious |
| * Canon 1397 - Homicide, kidnaping, detains, mutilates, or gravely wounds a person by force or fraud. | * Canon 1397 - Homicide, kidnaping, detains, mutilates, or gravely wounds a person by force or fraud. | ||
| * Canon 1398 - Completed abortion. | * Canon 1398 - Completed abortion. | ||
| Line 1341: | Line 1373: | ||
| * Secret, collegial vote - all five vote, three must vote for dismissal. | * 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 __major superior,__ with the consent of her council.//< |
| + | * Changed by //CQD (Competentias quasdam decernere)// | ||
| **Canon 700 Decree of Dismissal** | **Canon 700 Decree of Dismissal** | ||
| - | The decree of dismissal has no effect unless it is __confirmed by the Holy See__, to whom the decree and all the acts are to be forwarded. If the matter concerns an institute of __diocesan__ right, the confirmation belongs to the __Bishop__ in whose diocese is located the house to which the religious belongs. For __validity__ the decree must indicate the __right of__ the person dismissed to have __recourse__ to the competent authority within | + | The decree of dismissal |
| - | * Authentic interpretation requires confirmation to be sought before the member is notified of the decree of dismissal. | + | * [[https:// |
| + | * <del>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 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. | * 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. | * The institute would pay the canonist and the expenses of this process. | ||
| + | * Changed by //CQD (Competentias quasdam decernere)// | ||
| **Canon 701 Effect of Dismissal** | **Canon 701 Effect of Dismissal** | ||
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