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- | ======Book II - Part III====== | + | {{keywords> |
- | **Institutes | + | ====== |
- | [[ReligiousLife|Notes on Religious Life]] | + | This Wiki is intended to be a source for the sharing |
- | =====SECTION I: INSTITUTES OF CONSECRATED LIFE===== | + | |
- | ====TITLE I: NORMS COMMON TO ALL INSTITUTES OF CONSECRATED LIFE==== | + | |
- | | + | |
- | **Canon | + | |
- | * §1 (Theological) Life consecrated through profession | + | * [[book2| Book Two - The People |
- | * §2 (Legal) Christ' | + | * [[book2.3| Book Two, Part III - Consecrated Life]] |
- | Notes | + | * [[book3| Book Three - The Teaching Office]] |
- | * Identity of Religious in the Church. | + | * [[book4| Book Four - The Sacraments]] |
- | * Consecration has many meanings in the community of faith: baptism, confirmation, | + | * [[book5| Book Five - Temporal Goods]] |
- | * Stable form of living refers to a life-long commitment, and in recognized stable institutes. | + | * [[book6| Book Six - Sanctions]] |
- | * Free commitment to evangelical counsels which lead to charity, a deeper commitment to Gospel-living. | + | * [[book7| Book Seven - Processes]] |
- | * A way of life within a legal framework. | + | |
- | * Some don't //profess// evangelical counsels: obedience, stability, // | + | * [[cceo| Code of Canons |
- | * Foundational inspiration regarding communtiy, spirituality and mission. People gather to live the way of life. | + | |
- | * Canonical recognition comes with approval of the constitutions | + | |
- | * **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 | + | |
- | * **Tri-partite vision | + | |
- | * 1) profession | + | |
- | * 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** | + | ==== Make a Donation ==== |
- | * §1 The state of persons who profess the evangelical counsels in these institutes belongs to the life and holiness of the Church. It is therefore to be fostered and promoted by everyone in the Church. | + | |
- | * §2 Some of Christ' | + | |
- | * Belongs to the life and holiness of the church - it is a stable form of life and it is a particular state of life. Marriage and family are excluded. | + | |
- | * The place of religious in the community of faith is a challange. A state //status//. " | + | |
- | * The place of religious has to be re-imagined in a community that understands the " | + | |
- | **Canon 575 Counsels** | + | [[https:// |
- | * 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 | + | |
- | **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. | + | ==== Online Intro to Canon Law ==== |
- | * Source found only in Lumen Gentium - not before, but there is a practice of exerting authority. | + | |
- | * The experts in the life would be the religious themselves. This has lead to tensions regarding authentic expressions of religious life, as witnessed by many founders and foundresses, | + | |
- | * Disruptive expressions of religious life, e.g. Extreme penances in Cistercian history; Sylites, etc. But it is also used by hierarchs who disagree with internal life of institute. This is raised some problems over the years and is currently being discussed and a new document is being developed (2014). //Mutuae relationes// | + | |
- | * Many institutes existed for a long time before they were approved. This was the time of clarifying the gift, and sometimes waiting for church approval to ' | + | |
- | * Four functions attributed | + | |
- | * 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 | + | **Canon |
- | * // From Lumen Gentium. Institutes are seen as manifesting different aspects of the life of Christ, each institute manifesting many aspects of the life of Christ. It is always about the full Christian life. Legally the institutes are different, but it is factual difference in lifestyle, culture, spirituality, | + | |
- | **Canon 578 Patrimony** | + | ===== Religious Life ===== |
+ | | ||
+ | * **Covenant Project** This project provides comprehensive service to religious institutes that wish to explore coming to their historical completion. In this difficult but grace-filled time, a community can live today' | ||
+ | * **Webcasts on Canon and Civil Law for Religious** | ||
+ | * **Canon Law 101 (recorded series)** - This series | ||
+ | * **Quarterly Webcasts on Religious Life** [[http:// | ||
+ | * **Blog: Mystics & Prophets** - This blog continues | ||
+ | * **Books** | ||
+ | * [[http:// | ||
+ | ? | ||
+ | * In this book, I explore the contemporary movements in religious life and I have sought to draw attention to emerging currents, particularly among the smaller cohorts | ||
- | | + | ---- |
- | * Proper law of religious institutes is the foundation of internal authority. | + | |
- | * __Patrimonium spirituale__ | + | |
- | | + | |
- | * There is a difference between the founders | + | |
- | * Church authority have the task of giving things a place in the complex reality of the community of faith. Sometimes gifts have to be moderated. There can be excessive elements in the beginning - throughout the ages. Flashy customs or rituals or habits. Translation of charismatic inspiration into relations to persons - founders | + | |
- | * Sound traditions - time will tell where wisdom lies. | + | |
- | ==Foundation | + | ---- |
+ | * [[http:// | ||
+ | * This book explores the movements in religious life today and the currents that are emerging among the smaller cohorts of younger religious in mainstream communities of women religious. | ||
- | **Canon 579 Establishing Diocesan Congregations** | + | ---- |
- | Provided | + | * [[http:// |
- | * Diocesan bishop can erect an institute, but must: consult the holy see - but actually they must approve | + | ---- |
+ | * [[http:// | ||
+ | * This workbook | ||
- | * **PC 19:** In a new institute, look for for original inspiration, | + | ---- |
- | * **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 | + | ====Writers for this Wiki==== |
+ | | ||
- | * Founding a community begins with a small gathering | + | New to wikis? Please feel free to experiment here in the [[http://www.ahereford.org/ |
- | * 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, | + | |
- | * Many studies: McDermott, Wiesenbeck, CARA. 120 new communities, | + | |
- | * CICLSAL likes about 5-10 years in each step. and about 40 people for diocesan and 100 for pontifical. Prefers orderly approach: private assn, public assn, diocesan, pontifical. | + | |
- | * 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. | + | |
+ | Some pages require that you be invited as a writer. These are principally the pages with commentaries on the canons. If you would like to contribute to these pages, contact me at [[http:// | ||
+ | ====Canon Law Papers==== | ||
+ | Some have contributed their Canon Law Theses to this site. If you would like to contribute your canon law thesis or dissertation, | ||
- | **Canon 580 Aggregation** | + | [[https:// |
- | * Aggregation is a relationship between two autonomous institutes - the aggregating institute' | ||
- | * E.g. between Dominicans, Franciscans, | ||
- | * Sharing resources, spirituality, | ||
- | * Under the authority of the agreggating institute. | ||
- | **Canon 581 Parts** | ||
- | * Dividing institutes is up to the __internal competent authority__. | ||
- | * Constitutions are approved and define how this happens. | ||
- | * The model is an apostolic religious institute with centralized leadership and provinces. This really doesn' | ||
- | * Uniting parts, suppressing provinces - generally notify the local bishop, but no permission is required. | ||
- | * In the 1917 Code, this right was reserved to the Holy See. | ||
- | **Canon 582 Restructuring** | ||
- | * Fusion - small institute gets joined to a big one - small institute is suppressed. | ||
- | * Union - Two or more of same size join. | ||
- | * Holy see ensures justice and the good of all institutes and local churches. There is a lengthy process to ensure all rights and obligations are respected. | ||
- | * Federations are collaborative groups of independent congregations. Independent abbeys are completely responsible for everthing - are urged to federate. Confederation is a federation of federations. E.g. the benedictines have congregations which are federations of independent houses. All these are confederated under an Abbot Primate. Same with Canons Regular of St. Augustine, also non-reformed Cistercians. OCSO is a federation of independent houses. The separate religious families have patrimony, and they have the structures of the same name, but they have different roles and functions within their institutes. What can be done on a lower level, it is best to do it here. But what about competence, e.g. in a small diocese without a vicar for religious. | ||
- | |||
- | **Canon 583 Changes** | ||
- | * Basic principle of law | ||
- | |||
- | **Canon 584 Suppression** Only the Apostolic See can suppress an institute and dispose of its temporal goods. | ||
- | |||
- | * This really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves and their suppression is a significant occurance, but internal to the institute. | ||
- | * Also, Canon 123: On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, | ||
- | |||
- | |||
- | **Canon 585 Suppression of Parts** | ||
- | |||
- | **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__ this autonomy. | ||
- | |||
- | ==Proper Law (Ius Proprium)== | ||
- | |||
- | **Canon 587 Constitutions** | ||
- | * §1 To protect more faithfully the __vocation and identity__ of each institute, the fundamental code or constitutions of the institute are to contain, | ||
- | * in addition to those elements which are to be preserved in accordance with can. 578, | ||
- | * __basic norms__ about the governance of the institute, | ||
- | * the discipline of the members, | ||
- | * the admission and formation of members, and | ||
- | * the proper object of their sacred bonds. | ||
- | * §2 This code is approved by the competent ecclesiastical authority, and can be changed only with the consent of the same. | ||
- | * §3 In the constitutions, | ||
- | * §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. | ||
- | |||
- | * To protect __identity__ = __vocation__. | ||
- | * This is identity in a nutshell - it continues to be lived out 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 " | ||
- | |||
- | **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. | ||
- | * Some institutes are neither clerical nor lay - Franciscan family has both clerical and lay - it is a way of life not an apostolate. Everyone can contribute to that way of life, priest or brother. | ||
- | * 17 code 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. | ||
- | |||
- | **Canon 589 Pontifical Right** | ||
- | * Generally start as diocesan institute after consulting Rome. | ||
- | * 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 monastery in France directly dependent on Holy See. | ||
- | |||
- | **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 331). from Address to the General Chapters of Religious Orders Paul VI May 23, 1964. | ||
- | |||
- | **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. | ||
- | * 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. CIC17: Canon 615* Regulares ... ab Ordinarii loci iurisdictione exempti sunt.... In order to let the religious be what they are. This is not a privilege, but essential. | ||
- | * 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. | ||
- | |||
- | * [[http:// | ||
- | * 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. | ||
- | |||
- | **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. | ||
- | |||
- | **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, | ||
- | * 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. | ||
- | * 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. | ||
- | |||
- | * §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 | ||
- | * 133 Use of delegated power | ||
- | * 137-8 Delegation and subdelegation of power | ||
- | * 139 Effect of approaching a higher days | ||
- | * 140-1 Delegation to several persons | ||
- | * 142-3 cessation or suspension of power | ||
- | * 144 Church supplies in cases of error. | ||
- | |||
- | ==Vowed Life== | ||
- | |||
- | **Canon 597 Admission** | ||
- | * §1 Every catholic | ||
- | * with a right intention and | ||
- | * the qualities required by universal law | ||
- | * and the institute' | ||
- | * and without impediment, | ||
- | * may be admitted. | ||
- | * §2 No one may be admitted without suitable preparation. | ||
- | |||
- | **Canon 598 Vows and Constitutions** | ||
- | * §1 Each institute, according to its special character and purposes, to define in constitutions way of living the evangelical counsels of chastity, poverty and obedience. | ||
- | * Basics are in the canons, but the specifics will vary from one community to another, both spirituality and practically. | ||
- | * §2 All members observe the evangelical counsels faithfully and fully, follow the institute' | ||
- | * In a community we share a certain view of the christian life. On entrance candidates engage the charism. Some come and have their own ideas; there is an integration with the community' | ||
- | * __Perfection__ is a dynamic way of living the Gospel, in a way particular to the institute. Constitutions particularize this. | ||
- | |||
- | **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 thought - 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 tight and juridical in form. | ||
- | |||
- | **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, | ||
- | * 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, | ||
- | * 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. | ||
- | |||
- | **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. | ||
- | |||
- | **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. | ||
- | |||
- | ==Forms== | ||
- | **Canon 603 Hermit** Can. 603 | ||
- | |||
- | * §1 Besides institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful **withdraw** further from the world and devote their lives to the **praise** of God and the salvation of the world through the **silence of solitude** and through constant **prayer and penance.** | ||
- | * §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. | ||
- | * Plan of life should include living of the solitude and prayer charistic of the life, as well as the hermit' | ||
- | |||
- | **Canon 604 Virgins** | ||
- | * §1. Similar to these forms of consecrated life is the order of virgins who, expressing the holy resolution of following Christ more closely, are consecrated to God by the diocesan bishop according to the approved liturgical rite, are mystically betrothed to Christ, the Son of God, and are dedicated to the service of the Church. | ||
- | * §2. In order to observe their own resolution more faithfully and to perform by mutual assistance service to the Church in harmony with their proper state, virgins can be associated together. | ||
- | * Ascendit - associated like apostolic life. [[http:// | ||
- | * Nuns and women living in the world. | ||
- | * 1970 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. | ||
- | * Never married or lived in public or open violation of chastity. | ||
- | * By their age, prudence, and universally approved character they give assurance of perseverance in a life of chastity dedicated to the service of the Church and of their neighbor. | ||
- | * 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** | ||
- | * Generally families of consecrated persons: lay & cleric, men & women, married & single. | ||
- | |||
- | **Canon 606 Gender** | ||
- | * | ||
- | |||
- | |||
- | ====TITLE II: RELIGIOUS INSTITUTES==== | ||
- | | ||
- | |||
- | **Canon 607 Vows and Community** | ||
- | * §1. As a __consecration of the whole person__, religious life manifests in the Church a wonderful marriage brought about by God, a sign of the future age. Thus the religious brings to perfection a total self-giving as a sacrifice offered to God, through which his or her whole existence becomes a continuous worship of God in charity. | ||
- | * §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. | ||
- | |||
- | * 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:// | ||
- | |||
- | **Canon 608 Religious House** A religious community must live in a __legitimately established house__ under the authority of a __superior__ designated according to the norm of law. Each house is to have at least an __oratory__ in which the Eucharist is to be celebrated and reserved so that it is truly the center of the community. | ||
- | * 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) | ||
- | |||
- | **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 a major superior. For monasteries the one house for a dependent house but general chapter for an independent house. | ||
- | * In the US, few women' | ||
- | * Houses have juridic personality (c 634 §1), hence require minimum of 3 persons, and have the expectation of perpetuity. | ||
- | * Cor orans #29 The monastery of nuns is founded with a capitular decision of the community of an autonomous monastery or with a decision of the Federal Assembly, and the sending of at least five nuns, at least three of them of solemn vows, with the prior written consent of the diocesan Bishop and the authorization of the Holy See. | ||
- | |||
- | ^ Sample Document: ERECTION OF A HOUSE ^ | ||
- | | // | ||
- | | This is authorized by vote of // | ||
- | | Written approval of the Diocesan bishop //[name]// of // | ||
- | | Signed by: | | ||
- | | //[name and title of person signing for the authority in the institute]// | ||
- | | //[name and title of the person signing for the diocesan bishop] [date]// | | ||
- | |||
- | **Canon 610 Conditions** | ||
- | * §1. The erection of houses takes place with consideration for their __advantage to the Church and the institute__ and with suitable safeguards for those things which are required to carry out properly the religious life of the members according to the proper purposes and spirit of the institute. | ||
- | * §2. No house is to be erected unless it can be __judged prudently that the needs of the members will be provided for suitably.__ | ||
- | * 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. | ||
- | |||
- | |||
- | **Canon 611 Rights of Houses** | ||
- | * 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; | ||
- | * 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. | ||
- | * Permission is granted with permission to establish a house. | ||
- | * There may be restrictions placed, but they should be reasonable. | ||
- | |||
- | **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 permission is permissions for proper works and internal life. | ||
- | * Change to something else requires consent. However, often these changes are gradual. Good relationships are helpful. | ||
- | |||
- | **Canon 613 Autonomous Houses** | ||
- | * §1. A religious house of canons regular or of monks under the governance and care of its own moderator is autonomous unless the constitutions state otherwise. | ||
- | * §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 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). | ||
- | |||
- | **Canon 614 Cloistered Monasteries** Monasteries of nuns associated to an institute of men maintain their own way of life and governance according to the constitutions. | ||
- | * Women monastics may be aggregated (580) to an institute of men (Franciscans, | ||
- | * History: 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. | ||
- | * 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. | ||
- | |||
- | **Canon 616 Suppression of Houses** | ||
- | * §1 The supreme moderator can suppress a legitimately erected religious house according to the norm of the constitutions, | ||
- | * Institute makes the decision, hearing the bishop. | ||
- | * 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 the goods in that case is also reserved. | ||
- | * This is related to suppression of an institute (canon 584). Goods go first to members needs and intentions of founders and donors (§1 and canon 123). | ||
- | * §3 To suppress the autonomous house mentioned in can. 613 belongs to the general chapter, unless the constitutions state otherwise. | ||
- | * E.g. Park Abbey Leuven. Any remaining members " | ||
- | * §4 To suppress an autonomous monastery of nuns belongs to the Apostolic See, with due regard to the prescripts of the constitutions concerning its goods. | ||
- | * Respect for 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. These are both subject to law: universal, particular and proper. | ||
- | * 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** | ||
- | | ||
- | * 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 function and exercise their power according to the norm of universal and proper law. | ||
- | * The superior has the role of organizing life for the good of the institute and its members according to their vocation. It is a pastoral service limited by law. All sisters/ | ||
- | * Universal Law includes the Code, conciliar and papal documents intended for the whole church, et. | ||
- | * Proper Law includes constitutions, | ||
- | |||
- | **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 with reverence for the human person, | ||
- | * they are to __listen to them willingly__ and | ||
- | * __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. | ||
- | |||
- | **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 the members regularly with the __food of the word of God__ and | ||
- | * 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__ of the laws and traditions of their own institute; | ||
- | * they are to __meet the personal needs__ of the members appropriately, | ||
- | * 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 should embody the charism of the institute. Personal pastoral care is the most important role, and it proceeds from personal relationship. From Augustinian rule - the superior loses a lot of time in this pastoral care. | ||
- | |||
- | **Canon 620 Major Superiors** Those who __govern an entire institute, a province of an institute or part equivalent to a province, or an autonomous house__, as well as __their vicars__, are __major superiors__. | ||
- | * 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. | ||
- | |||
- | **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 or language. | ||
- | |||
- | **Canon 622 Supreme Moderator** The supreme moderator holds __power over all the provinces, houses, and members__ of an institute; this power is to be exercised __according to proper law__. | ||
- | * Supreme moderator is a term carried over from CIC17 as a general term. The common names for this person would be " | ||
- | |||
- | **Canon 623 Qualifications** | ||
- | * The 1917 Code also had age and legitimacy requriements. The CCEO has age and years of profession requirements. | ||
- | * 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. | ||
- | |||
- | **Canon 624 Terms** §1 Superiors are to be constituted for a __certain and appropriate period__ of time according to the nature and need of the institute, unless the __constitutions__ determine otherwise for the supreme moderator and for superiors of an autonomous house. | ||
- | * 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. | ||
- | |||
- | §2 Proper law is to provide suitable norms so that superiors, constituted for a definite time, do not remain too long in offices of governance without interruption. | ||
- | * Re-election possibilities are specified in proper law. Can postulate additional terms, but usually just once. | ||
- | |||
- | §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 is to be designated by __canonical election__, in accordance with the __constitutions__. | ||
- | * Provision must be in the __Constitutions__ but detailed norms can be in other proper law. It can be in general chapter or special chapter of elections. See also canons 164-179. | ||
- | |||
- | §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 right__. | ||
- | * The bishop generally presides by delegate, as a friendly pastoral presence who can also ensure the election follows the norms of universal and proper law. | ||
- | * 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. | ||
- | |||
- | §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 is to precede. | ||
- | * Freedom, informal, consultative vote, any method is possible, but the upcoming appointment should be announced and sisters/ | ||
- | |||
- | **Canon 626 Integrity in Elections** Superiors in the __conferral__ of offices and members in __elections__ | ||
- | * 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 to balance the need for knowledge about those under consideration, | ||
- | |||
- | **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 of council and requirment to use council according to canon law. | ||
- | * 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 the opinion. | ||
- | * A tie vote of councilors does not constitute consent. | ||
- | |||
- | §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__; | ||
- | * Some institutes only have the minimum cases requiring consent, others required many more items to receive the consent of the council. | ||
- | * The following cannot be delegated by the supreme moderator: | ||
- | * Canon 647 - erection, transfer and suppression of a novitiate. | ||
- | * Canon 684 - allowing a member to transfer. | ||
- | * Canon 686 - granting an indult of exclaustration or requesting the Holy See to impose it. | ||
- | * 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 or perpetual profession | ||
- | * 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 628 Visitation** §1 The __superiors__ whom the __proper law__ of the institute designates for this function are to __visit the houses and members__ entrusted to them at stated times according to the norms of this same proper law. | ||
- | * 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, | ||
- | |||
- | §2. It is the right and duty of a __diocesan bishop__ to visit even with respect to religious discipline: | ||
- | * < | ||
- | * 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. | ||
- | |||
- | §3. Members are to act with __trust toward a visitator__, | ||
- | * 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. | ||
- | |||
- | **Canon 629 Residence** Superiors are to reside in their respective houses, and are not to absent themselves from their house except according to the norm of proper law. | ||
- | * See Canon 665. In many communities, | ||
- | |||
- | **Canon 630 Freedom of Conscience** §1 Superiors are to recognize the due freedom of their members regarding the __sacrament of penance and direction of conscience__, | ||
- | * 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). | ||
- | |||
- | §2 According to the norm of proper law, superiors are to be concerned that suitable confessors are available to the members, to whom the members can confess frequently. | ||
- | |||
- | §3 In __monasteries of nuns, in houses of formation, and in more numerous lay communities__, | ||
- | |||
- | §4 Superiors are not to hear the confessions of subjects unless the members request it on their own initiative. | ||
- | * 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 of seminaries and formation directors. | ||
- | |||
- | §5 Members are to approach superiors with trust, to whom they can freely and on their own initiative open their minds. | ||
- | * 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:// | ||
- | * CIC17 had references to chapters, but no canons prescribing their existence or function. | ||
- | |||
- | **Canon 631 General Chapter** | ||
- | §1 The general chapter, which holds __supreme authority__ in the institute according to the norm of the constitutions, | ||
- | * to protect the patrimony of the institute mentioned in can. 578, | ||
- | * promote suitable renewal according to that patrimony, | ||
- | * elect the supreme moderator, | ||
- | * treat affairs of greater importance, and | ||
- | * issue norms which all are bound to obey. | ||
- | |||
- | §2. The __constitutions__ are to define the __composition and extent of the power of a chapter__; __proper law__ is to determine further the order to be observed in the celebration of the chapter, especially in what pertains to elections and the manner of handling affairs. | ||
- | |||
- | §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 or provincial) establish the agenda, the manner of proceeding and invite resource persons to assist the chapter delegates. The chapter however retains the freedom to accept or reject these preparations. It is wise to prepare well and ensure that the arrangements will be acceptable to the capitulars. This makes for a more fruitful experience. | ||
- | |||
- | **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** | ||
- | §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.__ | ||
- | |||
- | §2. In establishing and using these means of participation and consultation, | ||
- | |||
- | **ARTICLE 3: TEMPORAL GOODS AND THEIR ADMINISTRATION** | ||
- | | ||
- | |||
- | Sackett 85 CLSA Proceedings - case studies. | ||
- | |||
- | **Canon 634 Capacity to Own** | ||
- | |||
- | §1. As __juridic persons by the law itself, institutes, provinces, and houses__ are capable of acquiring, possessing, administering, | ||
- | * Many local religious houses in the US are not formally erected and most canonists hold that they do not possess juridic personality. | ||
- | * Institutes in the US generally civilly incorporate so that they have the civil right to act corporately. They may establish additional civil entities for particular ministries, for larger houses, and for retirement funds. | ||
- | * Religious institutes are __public__ juridic persons, as such they act //in nomine ecclesiae// and their goods are ecclesiastical goods. Public juridic persons, yet not part of the hierarchical structure of the church. (Canon 207.2) | ||
- | * 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** | ||
- | |||
- | §1. Since the temporal goods of religious institutes are __ecclesiastical__, | ||
- | * Book V sets out the requirements for good stewardship, | ||
- | |||
- | §2. Nevertheless, | ||
- | * 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** | ||
- | |||
- | §1. In each __institute__ and likewise in each __province__ which is governed by a __major superior__, there is to be a __finance officer__, distinct from the major superior and constituted according to the norm of proper law, who is to manage the administration of goods under the direction of the respective superior. | ||
- | * 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 to ensure that some member of the community has sufficient financial literacy to oversee the work of a finance officer to avoid potential problems. External audits or financial reviews can also ensure the integrity of the financial services. | ||
- | * Leadership and the Finance Officer have distinct yet related roles in service of the community. | ||
- | |||
- | §2. At the time and in the manner established by proper law, Finance officers and other administrators are to __render an account__ of their administration to the competent authority. | ||
- | |||
- | **Canon 637 Local Ordinary** Once a year, the __autonomous monasteries__ mentioned in can. 615 __are to render an account__ of their administration to the local Ordinary. The local Ordinary also __has the right to be informed__ about the financial affairs of a __religious house of diocesan right__. | ||
- | * There is no right to intervene as there was in CIC17. | ||
- | |||
- | **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, | ||
- | |||
- | §2. In addition to superiors, the __officials__ who are designated for this in proper law also __validly incur expenses__ and perform juridic acts of ordinary administration within the limits of their function. | ||
- | * Civil validity would be determined by civil law of the jurisdiction. Sometimes it may refer to Church law as well. | ||
- | |||
- | §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 in the form of minutes | ||
- | * 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 law (c. 1296) | ||
- | * 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:// | ||
- | < | ||
- | * CO#52 - Consent of Major Superior and council or conventual chapter, and federation president are required. | ||
- | * CO#81 c,d - For monasteries entrusted to the care of the diocesan bishop - he examines the accounts submitted and he gives his consent if so required in proper law. | ||
- | * 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:// | ||
- | |||
- | **Canon 639 Responsibility for Debts** | ||
- | * General principles of agency and responsibility for actions taken. | ||
- | |||
- | §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__ has entered into a contract concerning __his or her own goods__ with the permission of the superior, the member must answer for it, but if the business of the institute was conducted __by mandate of the superior, the institute must answer.__ | ||
- | |||
- | §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/ | ||
- | |||
- | §4. It is a fixed rule, however, that __an action can always be brought against one who has profited__ from the contract entered into. | ||
- | |||
- | §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 a period that is not too long. | ||
- | |||
- | **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__. | ||
- | * 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. | ||
- | |||
- | |||
- | ===CHAPTER III: ADMISSION OF CANDIDATES AND THE FORMATION OF MEMBERS=== | ||
- | **ARTICLE 1: ADMISSION TO THE NOVITIATE** | ||
- | | ||
- | |||
- | * CIC17 had requirement for postulancy, a prepatory period before novitiate. This is no longer regulated by canon law, but continues to exist in proper law and the practice of many institutes. It may also be called candidacy or pre-novitiate. | ||
- | * 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 in professing vows. | ||
- | * // | ||
- | * 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 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__, | ||
- | * 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** | ||
- | * Three canons on impediments 643, requirements 644, and prerequisites 645. | ||
- | |||
- | §1 The following are __invalidly admitted__ to the novitiate: | ||
- | * 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; | ||
- | * 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; | ||
- | * 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; | ||
- | * 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. | ||
- | * 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' | ||
- | * 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 __consulting__ their proper Ordinary; nor those who have __debts__ which they are unable to meet. | ||
- | * 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** | ||
- | |||
- | §1 Before candidates are admitted to the novitiate they must produce __proof__ of baptism and confirmation, | ||
- | * 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__ or others who had been __admitted to another institute__ of consecrated life, to a society of apostolic life, or to a seminary, __requires__ in addition the __testimony__ of, respectively, | ||
- | * 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' | ||
- | |||
- | §4 The Superiors can seek __other information__, | ||
- | |||
- | **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 begins__, is to give the novices a __greater understanding of their divine vocation__, and of their vocation to that institute. During the novitiate the novices are to __experience the manner of life of the institute__ and form their minds and hearts in its spirit. At the same time their __resolution and suitability__ are to be confirmed (// | ||
- | * 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** | ||
- | |||
- | §1 The __establishment, | ||
- | * CIC17 required pontifical institutes to request this of the Holy See. | ||
- | * 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__ which is duly designated for this purpose. In particular cases and by way of __exception__ and with the permission of the __supreme moderator__ given with the consent of the council, a candidate can make the novitiate in another house of the institute, under the direction of an approved religious who takes the place of the director of novices. | ||
- | * 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__ can allow a group of novices to reside, for a certain period of time, in another specified __house of the institute__. | ||
- | * There are no restrictions on this other than it be another house of the institute. | ||
- | |||
- | **Canon 648 Length of Novitiate** | ||
- | |||
- | §1 For __validity__, | ||
- | * 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. | ||
- | * 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__. | ||
- | |||
- | **Canon 649 Time Away** | ||
- | |||
- | §1 Without prejudice to the provisions of can. 647 §3, and can. 648 §2, a novitiate is __invalidated__ by an absence from the novitiate house of more than __three months__, continuous or broken. Any absence of __more than fifteen days must be made good__. | ||
- | * 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, | ||
- | |||
- | **Canon 650 Director of Novices** | ||
- | |||
- | §1 The object of the novitiate __demands__ that novices be formed under the supervision of the __director of novices__, in a manner of formation to be defined by the __institute' | ||
- | |||
- | §2 The governance of the novices is reserved to one director of novices alone, under the authority of the major Superiors. | ||
- | * The director of novices supervies the novices, according to the institute' | ||
- | * In cases of experience outside the novitiate community, experience of ministry, or other cases where others are involved in life of the novices, the novice director would collaborate with them to minimize confusion. | ||
- | |||
- | **Canon 651 Director of Novices** | ||
- | |||
- | §1 The director of novices is to be a __member of the institute__ who has taken __perpetual vows__ and has been lawfully designated. | ||
- | * 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. | ||
- | |||
- | §3 Those in charge of the formation of novices are to be members who have been carefully __prepared__, | ||
- | * Preparation includes theology, spirituality, | ||
- | |||
- | **Canon 652 Responsibilities** | ||
- | |||
- | §1 It is the responsibility of the __directors of novices and their assistants__ to __discern and test__ the vocation of the novices, and gradually to __form them to lead the life__ of perfection which is proper to the institute. | ||
- | |||
- | | ||
- | * Novices are to be led to develop human and Christian __virtues__. | ||
- | * Through prayer and self-denial they are to be introduced to a fuller __way of perfection__. | ||
- | * They are to be instructed in __contemplation__ of the mystery of salvation, and in reading and meditating on the sacred __Scriptures__. | ||
- | * Their preparation is to enable them to develop their __worship of God__ in the sacred liturgy. | ||
- | * 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__, | ||
- | * to be imbued with a love for the __Church__ and its sacred Pastors. | ||
- | |||
- | §3 __Novices__, | ||
- | |||
- | §4 By the example of their lives and by prayer, the __members of the institute__ are to ensure that they do their part in assisting the work of formation of the novices. | ||
- | |||
- | §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 __not to be engaged in studies or duties which do not directly serve this formation__. | ||
- | * There may be work or study, but it should be oriented to formation. Theology, spirituality, | ||
- | |||
- | **Canon 653 Free to Leave** | ||
- | |||
- | §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 profession; otherwise the novice is to be dismissed__. If a __doubt__ exists concerning suitability, | ||
- | * 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** | ||
- | | ||
- | * 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__ to God, and are __incorporated__ into the institute, with the rights and duties defined by law. | ||
- | * 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 Profession** Temporary profession is to be made for the period defined by the institute' | ||
- | * 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: | ||
- | * 1° that the person making it has completed at least the __eighteenth year__ of age; | ||
- | * 2° that a __ valid novitiate__ has been made; | ||
- | * 3° that __admission__ has been granted, __freely__ and in accordance with the norms of law, by the competent Superior, after a vote of his or her council; | ||
- | * 4° that the __profession be explicit and made without force, fear or deceit__; | ||
- | * 5° that the profession be __received__ by the lawful Superior, personally or through another. | ||
- | * 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** | ||
- | |||
- | §1 When the period of time for which the profession was made has been __completed__, | ||
- | * 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__ by the competent Superior in accordance with the institute' | ||
- | |||
- | §3 Perpetual profession can for a just reason be __anticipated__, | ||
- | * 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' | ||
- | * 1° that the person has completed at least the __twenty-first year of age__; | ||
- | * 2° that there has been previous __temporary profession__ for at least __three years__, without prejudice to the provision of can. 657 §3. | ||
- | * This follows from minimum ages for novitiate and first profession. Dispensable. | ||
- | |||
- | **ARTICLE 4: FORMATION OF RELIGIOUS** | ||
- | | ||
- | * Formation after final profession was not in CIC17 or previous legislation. | ||
- | |||
- | **Canon 659 Continuing Formation** | ||
- | |||
- | §1 After first profession, the formation of __all members__ in each institute is to be completed, so that they may lead the __life__ proper to the institute more fully, and fulfill its __mission__ more effectively. | ||
- | |||
- | §2 The __institute' | ||
- | * 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 law and the institute' | ||
- | * Canons 242-264. | ||
- | |||
- | **Canon 660 Systematic Formation** | ||
- | |||
- | §1 Formation is to be __systematic__, | ||
- | |||
- | §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 Life-long Formation** __Religious are to be diligent__ in continuing their spiritual, doctrinal and practical formation __throughout their lives__. Superiors are to ensure that they have the assistance and the time to do this. | ||
- | * 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=== | ||
- | | ||
- | * 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__ as proposed in the __Gospel__ and as expressed in the __constitutions__ of their own institute. | ||
- | * 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** | ||
- | |||
- | §1 The __first and principal duty of all religious__ is to be the __contemplation__ of things divine and constant union with God in prayer. | ||
- | * Religious are transformed in and into contemplation; | ||
- | * Fidelity to prayer is the test of the vitality of Christian life and of religious life. This is exhortation, | ||
- | |||
- | §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. | ||
- | |||
- | §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. | ||
- | |||
- | §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; | ||
- | |||
- | §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. | ||
- | * 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** | ||
- | |||
- | §1 Religious are to __reside in their //own// religious house__ and observe the common life; they are not to stay elsewhere except with the permission of the Superior. For a lengthy absence from the religious house, the __major Superior__, for a just reason and with the consent of the council, can authorize a member to live outside a house of the institute; such an absence is not to exceed __one year__, __unless__ it be for reasons of __health, studies or an apostolate__ to be exercised in the name of the institute. | ||
- | * 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 | ||
- | |||
- | §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 II reversed early magisterial denunciations of new media, proclaiming the means of social communication to be marvelous inventions and tools for evangelization. This has no source in the 1917 code, but here puts the responsibility on the member. | ||
- | * 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. | ||
- | * 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** | ||
- | |||
- | §1 In accordance with the institute' | ||
- | * N: Cloister establishes a zone of privacy for the community such as Canon 220 provides for the individual; restricting the right of ingress of nonmembers and the right of egress of members. It is much more flexible than the 1917 code and much is left to the constitutions. | ||
- | * //Sources: 604.1,2; SCR Rescr., 17 aug 1967, 3; ET 46// | ||
- | |||
- | §2 A stricter discipline of enclosure is to be observed in monasteries which are devoted to the contemplative life. | ||
- | * //Sources: 597-599; PC 16; ES II: 30; VS VII: 1,2// | ||
- | |||
- | §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:// | ||
- | * Monasteries elect Papal cloister, Constitutional cloister with allowance for service or Monastic cloister with allowance for hospitality. | ||
- | * 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 < | ||
- | * Entrance required authorization of the bishop, consent of the Abbess and a grave and just cause - consent of the abbess is not in PM 34, but was introduced in the code; likewise, privileges for heads of state from the 1917 code are abolished. Healthcare, technical services, etc have always been permitted. | ||
- | * //Sources: cc 600.1, 4, 601; PM 34; SCRIS Decl., 2 jan. 1970.// | ||
- | * // | ||
- | * Cor orans: | ||
- | * 83g: the diocesan Bishop has the faculty, for a just cause, of entering the cloister and allowing other people to enter, with the consent of the Major Superior. | ||
- | * 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** | ||
- | |||
- | §1 __Before their first profession__, | ||
- | * Practical norms are linked to Canon 600 on the vow of poverty. This encourages simplicity and communal sharing. | ||
- | * 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 these dispositions__ for a just reason, and to take any action concerning temporal goods, there is required the permission of the Superior who is competent in accordance with the institute' | ||
- | * 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 __acquires by personal labor__, or on behalf of the institute, __belongs to the institute__. Whatever comes to a religious in any way __through pension, grant or insurance__ also passes to the institute, unless the institute' | ||
- | * 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 all necessities from the institute. | ||
- | * 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 of an institute requires__ members to renounce their goods totally, this renunciation is to be made __before perpetual profession__ and, as far as possible, in a form that is valid also in civil law; it shall come into effect from the day of profession. The __same procedure__ is to be followed by a perpetually professed religious who, in accordance with the norms of the __institute' | ||
- | * // 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 of their institute__, | ||
- | * //579, 582.1. Connections: | ||
- | |||
- | **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' | ||
- | * If there is no habit 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. | ||
- | * //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// | ||
- | |||
- | **Canon 670 Right to All Necessary for Vocation** The institute must supply the members with __everything__ that, in accordance with the __constitutions__, | ||
- | * 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 toward the members and was not found in CIC17. | ||
- | * Included would be basic physical needs food, clothing, shelter, healthcare, along with those thing necessary to participate in the life of the institute. The needs of the individuals, | ||
- | * 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. | ||
- | * 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), | ||
- | * 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=== | ||
- | | ||
- | * 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 __primarily in the witness of their consecrated life__, which they are bound to foster through prayer and penance. | ||
- | |||
- | **Canon 674 Contemplative Institutes** Institutes which are __wholly directed to contemplation__ always have an outstanding part in the mystical Body of Christ. They offer to God an exceptional sacrifice of praise. They embellish the people of God with very rich fruits of holiness, move them by their example, and give them increase by a hidden apostolic fruitfulness. Because of this, no matter how urgent the needs of the active apostolate, the __members of these institutes cannot be called upon to assist in the various pastoral ministries__. | ||
- | * Reaffirmed in Vultum Dei quaerere and Cor orans. | ||
- | |||
- | **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. | ||
- | * 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 __from intimate union with God__, and is to confirm and foster this union. | ||
- | |||
- | §3 Apostolic action exercised __in the name of the Church__ and by its command is to be performed in communion with the Church. | ||
- | * 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. | ||
- | * descriptive | ||
- | |||
- | **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. | ||
- | * Proper works are those most closely related to the institute' | ||
- | |||
- | §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** | ||
- | |||
- | §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. | ||
- | * See also canon 671. | ||
- | |||
- | §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__ a diocesan Bishop can forbid a member of a religious institute to remain in his diocese, __provided the person' | ||
- | * 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 681 Works Entrusted** | ||
- | |||
- | §1 Works which the diocesan __Bishop entrusts to religious__ are under the authority and direction of the Bishop, without prejudice to the rights of religious Superiors in accordance with can. 678 §§2 and 3. | ||
- | * Often parishes or schools, should be works in keeping with the mission of the institute. | ||
- | |||
- | §2 In these cases a __written agreement__ is to be made between the diocesan Bishop and the competent Superior of the institute. This agreement must expressly and accurately define, among other things, __the work to be done, the members to be assigned to it and the financial arrangements__. | ||
- | * Written agreements help to avoid misunderstanding. They may also cover term of the agreement, compensation, | ||
- | |||
- | **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. | ||
- | * 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, | ||
- | * A written agreement may provide conditions or a procedure for removal, e.g. a just cause, prior notice, etc. | ||
- | |||
- | **Canon 683 Episcopal Visitation** | ||
- | |||
- | §1 Either personally or through a delegate, the diocesan Bishop can visit churches or oratories to which Christ' | ||
- | |||
- | §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=== | ||
- | **ARTICLE 1: TRANSFER TO ANOTHER INSTITUTE** | ||
- | | ||
- | |||
- | **Canon 684 Transfer** | ||
- | |||
- | §1 Perpetually professed members cannot transfer from their own religious institute to another, except by __permission of the supreme Moderators of both institutes__, | ||
- | * Formerly required permission of Holy See, now just permission of institutes //a quo//and //ad quem//. Historically seen as only very exceptional. | ||
- | * Only religious in perpetual vows. 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 profession in the new institute__. A member who refuses to make this profession, or is not admitted to do so by the competent Superiors, is to return to the original institute, unless an indult of secularization has been obtained. | ||
- | * Probation is at least three years, and should not extend indefinitely. | ||
- | * 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 anomoly.) | ||
- | * 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. | ||
- | |||
- | §3 For a religious to transfer from one __autonomous monastery__ to another monastery of the same institute, federation or confederation, | ||
- | * 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' | ||
- | * 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 institute or to a society of apostolic life__, or to transfer from these to a religious institute, the permission of the Holy See is required and its instructions are to be followed. | ||
- | * Here, consent of SM is no longer sufficient - this is reserved to the Holy See, with the belief that they can assist in establishing an appropriate process. | ||
- | * 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, | ||
- | |||
- | **Canon 685 Rights during Transfers** | ||
- | |||
- | §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. | ||
- | |||
- | §2 By profession in the new institute the member is incorporated into it, and the earlier vows, rights and obligations cease. | ||
- | |||
- | **ARTICLE 2: DEPARTURE FROM THE INSTITUTE** | ||
- | | ||
- | * 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** | ||
- | |||
- | §1 With the consent of the council, the supreme Moderator can for a grave reason grant an indult of exclaustration to a finally professed member for up to three years. In the case of a cleric, this requires the prior consent of the Ordinary of the place where the cleric resides. To extend this indult, or to grant one for more than three years, is reserved to the Holy See or, in an institute of diocesan right, to the diocesan Bishop. | ||
- | * Member with expired exclaustration is that of illicit absence, see, can 665. | ||
- | * 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, | ||
- | |||
- | <del> §2 Only the Apostolic See can grant an indult of exclaustration for cloistered nuns.</ | ||
- | * CO 130, 178 - Federation Council gives up to three years exclaustration. | ||
- | * CO 177 - The major superior with the consent of her council can grant exclaustration up to one year. | ||
- | |||
- | §3 At the request of the supreme Moderator acting with the consent of the council, exclaustration can be imposed by the Holy See on a member of an institute of pontifical right, or by a diocesan Bishop on a member of an institute of diocesan right. In either case a grave reason is required, and equity and charity are to be observed. | ||
- | * 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. | ||
- | * This was not present in CIC17. | ||
- | * Leave of Absence is simple permission to be absent. It was used under CIC17 to avoid going to Rome for exclaustration. Current practice in this regard is often a hold over from that period. | ||
- | |||
- | **Canon 687 Effects of Exclaustration** | ||
- | |||
- | | ||
- | * 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, | ||
- | |||
- | **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. | ||
- | |||
- | §2 A person who, during the time of temporary profession, for a __grave reason__ asks to leave the institute, can obtain an indult to leave. In an institute of __pontifical right__, this indult can be given by the __supreme Moderator__ with the consent of his or her council. In institutes of __diocesan right__ and in the monasteries mentioned in can. 615, the indult must, for validity, be __confirmed by the Bishop__ in whose diocese is located the house to which the person is assigned. | ||
- | * This is a an exercise of the power of governance by lay supreme moderator. | ||
- | |||
- | **Canon 689 Exclusion From Further Profession** | ||
- | |||
- | §1 The competent major Superior, after consulting his or council, can for just reasons exclude a member from making further profession on the completion of temporary profession. | ||
- | |||
- | §2 Even though contracted after profession, a physical or psychological __infirmity__ which, in the judgment of experts, __renders__ the member mentioned in §1 __unsuited to lead a life in the institute__, | ||
- | * 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 be dismissed__ from the institute, even though __unable to make a new profession__. | ||
- | |||
- | **Canon 690 Re-admission** | ||
- | |||
- | §1 A person who lawfully leaves the institute after completing the novitiate or after profession, can be __re-admitted__ by the __supreme Moderator, with the consent__ of his or her council, without the obligation of repeating the novitiate. The same Moderator is to determine an __appropriate probation__ prior to __temporary profession__, | ||
- | |||
- | §2 The Superior of an autonomous monastery, acting with the consent of his or her council, has the same faculty. | ||
- | |||
- | **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__ of the institute, who __will forward it to the competent authority__ with his or her own opinion and that of the council. | ||
- | * With grave reasons, petitions the Pope or bishop. SM forwards it with their opinion and that of the council. | ||
- | |||
- | §2 In institutes of __pontifical__ right this indult is reserved to the Apostolic See. In institutes of __diocesan__ right the indult can be granted by the Bishop in whose diocese is located the house to which the religious is assigned. | ||
- | |||
- | **Canon 692 Effect of Indult** | ||
- | An indult to leave the institute, which is lawfully __granted and notified__ to the member, by virtue of the law itself carries with it, __unless__ it has been __rejected__ by the member in the act of notification, | ||
- | * Indult comes from CEA to SM. S/he communicates it to the member. It is wise to get proof of delivery, a signature, witnesses. | ||
- | |||
- | **Canon 693 Incardination after Departure** | ||
- | If the member is a cleric, the indult is not granted until he has found a Bishop who will incardinate him in his diocese or at least receive him there on probation. If he is received on probation, he is by virtue of the law itself incardinated in the diocese after five years, unless the Bishop has rejected him. | ||
- | |||
- | **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__ Dismissal** | ||
- | |||
- | §1 A member is to be considered automatically dismissed if he or she: | ||
- | * 1° has __notoriously defected__ from the catholic faith; | ||
- | * 2° has __contracted marriage__ or attempted to do so, even civilly. | ||
- | |||
- | §2 In these cases the __major Superior__ with his or her council must, after __collecting the evidence__, __without delay__ make a __declaration of the fact__, so that the dismissal is juridically established. | ||
- | |||
- | **Canon 695 Obligatory Dismissal** | ||
- | |||
- | §1 A member __must be dismissed__ for the offenses mentioned in cann. 1397, 1398 and 1395, unless, for the offenses mentioned in can. 1395 §2, the Superior judges that dismissal is not absolutely necessary; and that sufficient provision can be made in some other way for the amendment of the member, the restoration of justice and the reparation of scandal. | ||
- | * 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. | ||
- | |||
- | **Canon 696 Cause for Dismissal** | ||
- | |||
- | §1 A member __can be dismissed__ for other causes, provided they are __grave, external, imputable and juridically proven__. Among such causes are: __habitual neglect of the obligations of consecrated life; repeated violations of the sacred bonds; obstinate disobedience to the lawful orders of Superiors in grave matters; grave scandal arising from the culpable behavior of the member; obstinate attachment to, or diffusion of, teachings condemned by the magisterium of the Church; public adherence to materialistic or atheistic ideologies; the unlawful absence__ mentioned in can. 665 §2, if it extends for a period of six months; 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' | ||
- | |||
- | **Canon 697 Development of Record** | ||
- | |||
- | §1 In the cases mentioned in can. 696, if the __major Superior__, after consulting his or her council, judges that the process of dismissal should be commenced: | ||
- | * 1° the major Superior is to collect or complete the __evidence__; | ||
- | * 2° the major Superior is to __warn__ the member in __writing__, | ||
- | * 3° if this latter warning is also __ineffectual__, | ||
- | |||
- | **Canon 698 Communication with Supreme Moderator** | ||
- | In all the cases mentioned in cann. 695 and 696, the __member__ always retains the __right__ to communicate with, and send replies directly to, the __supreme Moderator__. | ||
- | |||
- | **Canon 699 Dismissal Decision** | ||
- | |||
- | §1 The __supreme Moderator__ and his or her council are to proceed in collegial fashion in accurately weighing the evidence, the arguments, and the defense. For validity, the __council must comprise at least four members__. If by a __secret vote__ it is decided to __dismiss__ the religious, a __decree of dismissal__ is to be drawn up, which for validity must express at least in summary form the __reasons in law and in fact__. | ||
- | |||
- | §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** | ||
- | 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 __ten days__ of receiving notification of the decree. The recourse has a suspensive effect. | ||
- | |||
- | **Canon 701 Effect of Dismissal** | ||
- | By lawful dismissal, both the __vows and the rights and duties deriving from profession automatically cease__. If the member is a cleric, he may not exercise sacred orders until he finds a Bishop who will, after a suitable probation, receive him into his diocese in accordance with can. 693, or who will at least allow him to exercise his sacred orders. | ||
- | |||
- | **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. | ||
- | |||
- | §2 The institute, however, is to show __equity and evangelical charity__ towards the member who is separated from it. | ||
- | |||
- | **Canon 703 Expulsion** | ||
- | §1 In a case of __grave external scandal__, or of __extremely grave and imminent harm__ to the institute, a member can be __expelled forthwith from the house__ by the __major Superior__. If there is danger in delay, this can be done by the __local Superior__ with the consent of his or her council. The major Superior, if need be, is to introduce a __process of dismissal__ in accordance with the norms of law, or refer the matter to the Apostolic See. | ||
- | |||
- | **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 who have been separated__ in any way from the institute. | ||
- | |||
- | ===CHAPTER VII: RELIGIOUS RAISED TO THE EPISCOPATE=== | ||
- | | ||
- | |||
- | **Canon 705 Released from Religious obligations** | ||
- | A religious who is raised to the episcopate remains a member of his institute, but is subject only to the Roman Pontiff by his vow of obedience. He is not bound by obligations which he prudently judges are not compatible with his condition. | ||
- | |||
- | [http:// | ||
- | |||
- | **Canon 706 Administration of Goods** | ||
- | In the case of the religious mentioned above: | ||
- | * 1° if he has lost the ownership of his goods through his profession he now has the use and enjoyment and the administration of the goods which he acquires. In the case of a diocesan Bishop and of those mentioned in can. 381 §2, the particular Church acquires their ownership; in the case of others, they belong to the institute or the Holy See, depending on whether the institute is or is not capable of possessing goods; | ||
- | * 2° if he has not lost the ownership of his goods through his profession, he recovers the use and enjoyment and the administration of the goods he possessed; what he obtains later, he acquires fully; | ||
- | * 3° in both cases any goods he receives which are not personal gifts must be disposed of according to the intention of the donors. | ||
- | |||
- | **Canon 707 Emeritus** | ||
- | |||
- | §1 A religious Bishop ' | ||
- | |||
- | §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=== | ||
- | | ||
- | |||
- | **Canon 708 Establishment** | ||
- | Major Superiors can usefully meet together in conferences and councils, so that by combined effort they may work to achieve more fully the purpose of each institute, while respecting the autonomy, nature and spirit of each. They can also deal with affairs which are common to all, and work to establish suitable coordination and cooperation with Episcopal Conferences and with individual Bishops. | ||
- | |||
- | **Canon 709 Statutes** | ||
- | | ||
- | |||
- | ====TITLE III: SECULAR INSTITUTES==== | ||
- | | ||
- | * Common norms on consecrated life all apply to secular institutes. | ||
- | * [[https:// | ||
- | |||
- | **Canon 710 Definition** 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** | ||
- | | ||
- | * Members are not " | ||
- | |||
- | **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** | ||
- | |||
- | §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, | ||
- | |||
- | §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** Members are to live their lives in the __ordinary__ conditions of the world, either __alone__, in their __families__ or in fraternal __groups__, in accordance with the constitutions. | ||
- | |||
- | **Canon 715 Clerical members** | ||
- | |||
- | §1 Clerical members incardinated in a diocese are subject to the __diocesan Bishop__, except for whatever concerns the consecrated life of their own institutes. | ||
- | |||
- | §2 Those who, in accordance with the norms of can. 266 §3, are __incardinated in the institute__, | ||
- | |||
- | **Canon 716 Active members** | ||
- | |||
- | §1 All members are to take an active part in the life of the institute, in accordance with the institute' | ||
- | |||
- | §2 Members of the same institute are to preserve a rapport with one another, carefully fostering a unity of spirit and a genuine fraternity. | ||
- | |||
- | **Canon 717 Governance** | ||
- | |||
- | §1 The __constitutions__ are to determine 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. | ||
- | * 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', | ||
- | * 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 Spiritual Obligations of Members** | ||
- | |||
- | §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__ and engage in a suitable way in the reading of the sacred __Scriptures__. They are to make an annual __retreat__ and perform __other spiritual exercises__ in accordance with their own law. | ||
- | |||
- | §2 The celebration of the __Eucharist__, | ||
- | |||
- | §3 They are to go freely to the sacrament of __penance__ and receive it frequently. | ||
- | |||
- | §4 They are to be free to obtain the necessary __spiritual direction__. Should they so desire, they may seek such counsel even from their Moderators. | ||
- | |||
- | **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. | ||
- | * Admission to the institute and to each stage belongs to the major Moderator and council. | ||
- | |||
- | **Canon 721 Admission** | ||
- | |||
- | §1 The following are invalidly admitted to initial probation: | ||
- | * 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; | ||
- | * 3° a spouse, while the marriage lasts. | ||
- | |||
- | §2 The constitutions can establish other impediments to admission, even for validity, or attach conditions to it. | ||
- | |||
- | §3 For a person to be received into the institute, that degree of maturity is required which is necessary to live the life of the institute properly. | ||
- | |||
- | **Canon 722 Initial Probation** | ||
- | |||
- | §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 evangelizaion which best correspond to the purpose, spirit and character of the institute. | ||
- | |||
- | §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 not full-time, thus a longer period of preparation is called for. | ||
- | * [[http:// | ||
- | |||
- | **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 the three evangelical counsels__, sealed with a sacred bond, __or to leave__ the institute. | ||
- | |||
- | §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, | ||
- | * 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. | ||
- | |||
- | **Canon 724 Ongoing Formation** | ||
- | |||
- | §1 After the first acceptance of the sacred bonds, formation is to continue without interruption in accordance with the constitutions. | ||
- | |||
- | §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, | ||
- | * 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 Departure of Temporary Incorporated** | ||
- | |||
- | §1 When the time of temporary incorporation is completed, the member can __freely leave__ the institute, or can for a __just cause be excluded__ from renewing the sacred bonds by the major Moderator, after consultation with his or her council. | ||
- | |||
- | §2 A temporarily incorporated member who freely requests it, can for a __grave reason__ be granted an indult to leave the institute by the supreme Moderator, with the consent of the council. | ||
- | |||
- | **Canon 727 Departure** | ||
- | |||
- | §1 A perpetually incorporated member who wishes to leave the institute must, after __seriously weighing the matter before the Lord__, petition the Apostolic See through the supreme Moderator, if the institute is of pontifical right; otherwise, the indult can also be obtained from the diocesan Bishop, as determined in the constitutions. | ||
- | |||
- | §2 For a cleric who is incardinated in the institute, the provision of can. 693 is to be observed. | ||
- | |||
- | **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 grave, external, imputable and juridically proven. The procedure established in cann. 697-700 is to be observed, and the provisions of can. 701 apply to the person who is dismissed. | ||
- | * Procedural safeguards established for religious life are observed. | ||
- | |||
- | **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===== | ||
- | | ||
- | * 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** | ||
- | |||
- | §1 Societies of apostolic life __resemble__ institutes of consecrated life. Their members, without taking religious vows, pursue the __apostolic purpose__ proper to each society. Living a __fraternal life in common__ in their own special manner, they strive for the perfection of charity through the observance of 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. | ||
- | * I.e. all the common norms apply, with deference to constitutions, | ||
- | |||
- | **Canon 733 Establishing Houses** | ||
- | |||
- | §1 A __house is established__ and a __local community is constituted__ by the competent authority of the society, with the prior written consent of the diocesan Bishop. The Bishop must also be consulted when there is question of its suppression. | ||
- | * 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. | ||
- | |||
- | **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** | ||
- | |||
- | §1 The admission, probation, incorporation and formation of members are determined by each society' | ||
- | |||
- | §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' | ||
- | * Phases of formation and the time in each phase is left to proper law. Also, the manner of incorporation or " | ||
- | |||
- | **Canon 736 Incardination** | ||
- | |||
- | §1 In clerical societies, the clerics are incardinated into the society, unless the constitutions determine otherwise. | ||
- | |||
- | §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. | ||
- | * Replaces canons on rights and obligations for RI, canons 662-672. | ||
- | |||
- | **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. | ||
- | * 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. | ||
- | * 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. | ||
- | |||
- | **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. | ||
- | * 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** | ||
- | |||
- | §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. | ||
- | * 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 incorporated__ are governed by the __constitutions__ of each society. | ||
- | * 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__ can obtain an indult to leave the society from the supreme Moderator with the consent of the council, unless the constitutions reserve this to the Apostolic See. This indult means that the rights and obligations deriving from definitive incorporation cease, without prejudice to can. 693. | ||
- | * Canon 693: A cleric must still seek incardination before being released from rights and obligations of incorporation. | ||
- | |||
- | **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' | ||
- | * 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. | ||
- | * 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 the society__ for a period not exceeding three years. Rights and obligations which are not compatible with this new condition are suspended, but the member remains under the care of the Moderators. If the member is a cleric, the consent of the Ordinary of the place where he must reside is also required, and the member remains under the care of the Ordinary and dependent upon him. | ||
- | * 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 Involuntary Dismissal** For the dismissal of a member who is definitively incorporated, | ||
- | * Canons 694-704 provide procedural norms for the involuntary dismissal of a member. | ||
- | |||
- | Caparos 696 | ||
- | Hite 667 | ||
- | Beal 685 & 731-746 (maybe 710-730) |
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