Religious Institutes

A Secular Institutes
Societies of the Apostolic Life

HANDBOOK
ON
CANONS
573-746
!
EDITORS
Jordan Hite, T.O.R.
Shawn Holland, I.H.M.
Daniel Ward, O.S.B.
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A HANDBOOK ON CANONS 573-746
Religious Institutes, Secular Institutes,
Societies of the Apostolic Life

A HANDBOOK
ON CANONS
573-746

EDITORS
Jordan Hite, T.O.R.
Sharon Holland, I.H.M.
Daniel Ward, O.S.B.

Published under the auspices

of the Canon Law Society of America

The Liturgical Press

Collegeville, Minnesota 56321
The canons in this volume are taken from a translation of CODEX IURIS CANONICI
® 1983 by Libreria Editrice Vaticana, Vatican City. The Holy See reserves all rights to

itself. No one permitted without the permission of the Holy See to reprint the canons
is

or to translate them into another language. This translation ® copyright 1985 by the Canon
Law Society of America.

® copyright 1985 by the Canon Law Society of America.

All rights reserved. No part of this book may be reproduced in any manner without per-
mission in writing from the respective copyright holders, except for brief quotations in
critical reviews and articles.

Published in the United States of America by The Liturgical Press, Collegeville, Minnesota.

Cover design by Don Molloy.

Library of Congress Cataloging in Publication Data

Main entry under title:

A Handbook on canons 573-746.

"Published under the auspices of the Canon Law

Society of America."
Bibliography: p.
1. Monasticism and religious orders (Canon law)
I. Hite, Jordan F., 1938- . II. Holland, Sharon.
III. Ward, Daniel J., 1944- . IV. Canon Law
Society of America. V. Catholic Church. Codex Juris
Canonici (1983). can 573-746
LAW 262.9'4 85-10214
ISBN 0-8146-1403-5

2nd Printing
Contents
The Contributors 7

Abbreviations 9

Foreword — Thomas C. Kelly, O.P. 11

Introduction — Francis G. Morrisey, O.M.I. 13

Norms Common to All Institutes of Consecrated Life:

Canons 573-606 — Ellen O'Hara, C.S.J. 31

and Governance: Canons 607-633

Religious Houses —
Margaret Mary Modde, O.S.F. 59

Temporal Goods: Canons 634-640 —

Joan de Lourdes Leonard, C.S.J. 99

Admission of Candidates and Formation of Members:

Canons 641-661 —
Jordan Kite, T.O.R. 115

Obligations and Rights: Canons 662-672, 277, 285-287,

289, 279, §2 — David F. O'Connor, S.T. 169

The Apostolate of Institutes: Canons 673-683 —

Richard A. Hill, S.J. 197

Separation of Members from the Institute: Canons 684-709 —

Elizabeth McDonough, O.P. 221

Secular Institutes: Canons 710-730 — Thomas E. Molloy 275

Societies of Apostolic Life: Canons 731-746 —

Cecil L. Parres, CM. 287

Monastic Life Under the Rule of St. Renedict and the

New Code —
Daniel J. Ward, O.S.B. 307

Glossary — Sharon Holland, I.H.M. 331

6 / CONTENTS

Appendix 1: Forms to Record or to Verify Canonical Acts

Mary David Olheiser, O.S.B., and Daniel J. Ward, O.S.B
Appendix 2: Canons That Refer to the Constitutions and
Proper Law of Institutes of Consecrated Life and
Societies of Apostolic Life — Jordan Hite, T.O.R.

Appendix 3: Authority in Institutes of Consecrated Life

and Societies of Apostolic Life —
Jordan Hite, T.O.R.

Appendix 4: Table of Canons

The Contributors

thomas c. kelly, o.p., d.d., is the archbishop of Louisville.

francis g. morrisey, o.m.i. j. c.D., is a professor of canon law at Saint Paul

,

University, Ottawa, Canada, and former dean of the faculty of canon law.

ellen o'hara, c.s.j., j.c.l., is the director of the marriage tribunal of the Diocese
of Boise.

margaret mary modde, o.s.f., j. c.D., heads the department of canon law in the
division of legal services of the Catholic Health Association, St. Louis.

joan de lourdes Leonard, c.s.j. ,

j.c.l. , ph.d., is a collegial judge on the tribunal
of the Diocese of Rockville Centre and serves as a consultant to religious com-
munities on canonical questions.

Jordan hite, t.o.r., j.d., j.c.l., formerly a professor of canon law at Saint Francis
Seminary, Loretto, Pennsylvania, and director of formation, is now the direc-
tor of personnel for Saint Francis Seminary.

david f. o'connor, s.t., j.cd., is associate professor and chairman of the depart-

ment of Church law at the Washington Theological Union, Silver Spring,

Maryland.

richard a. hill, s.j., j.cd., is a professor of canon law at Alma College/Jesuit

School of Theology, Berkeley, California.

Elizabeth mcdonough, o.p., j.cd., is an assistant professor of canon law at The

Catholic University of America, Washington.

thomas e. molloy, j.cd., is the judicial vicar of the Diocese of Rockville Cen-

tre and a professor of canon law at the Seminary of the Immaculate Concep-
tion, Huntington, New York, and also at Mount St. Alphonsus Seminary, Esopus,
New York.

7
8 / CONTRIBUTORS

cecil l. parres, cm. ,

j. c.D., formerly a professor of canon law at Assumption
Seminary, San Antonio; Kenrick Seminary, St. Louis; and St. Thomas Seminary,
Denver, is an associate pastor of St. Catherine Laboure Parish in St. Louis.

daniel j. ward, o.s.b., j.d., j.c.l.,, is an assistant professor of theology and

government at St. John's University, Gollegeville, Minnesota, and staff attorney
at St. Cloud Legal Aid, St. Cloud, Minnesota.

sharon Holland, i.h.m., j.c.d., is on the staff of the tribunal and in the office
for religious, Archdiocese of Detroit, and teaches canon law at St. John's Pro-
vincial Seminary.

mary david olheiser, o.s.b. ,

j.c.l. , ph.d., serves as defender of the bond and
judge on the tribunal for the Diocese of St. Cloud.
Abbreviations

AA Apostolicam Actuositatem
AAS Acta Apostolicae Sedis
AG Ad Gentes
AIE Ad Instituenda Experimenta
C 1983 Code of Canon Law or canons therein
CanLawStud Canon Law Studies, The Catholic University of
America
CD Christus Dominus
CDR Contemplative Dimension of Religious Life
CIC 1917 Code of Canon Law or canons therein
CLD Canon Law Digest
CLSAP Canon Law Society of America Proceedings
CMSM Conference of Major Superiors of Men
Comm Communicationes
ConLife Consecrated Life
CpR Commentarium pro Religiosis
DC Dum Canonicorum
EN Evangelii Nuntiandi
ES I or II Ecclesiae Sanctae
ET Evangelica Testificatio
Jur The Jurist
LCWR Leadership Conference of Women Religious
LG Lumen Gentium
MR Mutuae Relationes
NCCB National Conference of Catholic Bishops
PC Perfectae Caritatis
PM Pastorale Munis
PO Presbyterorum Ordinis
RC Renovationis Causam
RfR Review for Religious
RL Religionem Laicalium

9
10 / ABBREVIATIONS

RR Roman Replies, Canon Law Society of America

SC Sacrosanctum Concilium
SCCE Sacred Congregation for Catholic Education
SCDF Sacred Congregation for the Doctrine of Faith
SCOC Sacred Congregation tor the Oriental Churches
SCRIS Sacred Congregation for Religious and Secular
Institutes
StudCan Studia Canonica
UISG International Union of Superiors General
USG Union of Superiors General
VS Venite Seorsum
Foreword
O ne of the more pleasant features of my canonical formation was a
brief sojourn at the University of Vienna in 1961. The atmosphere was
quite different from that of the Angelicum, where I was then a student.
There were famous historians, and a mostly lay faculty among whom
were women professors of Church law teaching the canons on marriage,
religious life, etc. The whole faculty was excited by Pope John XXIIFs
call, issued the previous year, for an ecumenical council. In the flow of

subsequent philosophical exchange, a leitmotif was found in some words

of Pius XII, delivered during a 1956 allocution to the professors and
students of the University's law school, "Church life and Church law
belong together." (AAS 48-498) That aphorism seemed uncommonly
refreshing in a legal era not noted for homey wisdom, and I took it to
be a sound approach for the revision of religious law, an enterprise even
then being contemplated in the pontifical universities of the world.
Before pen could get to paper, however, Church life began to assert
itself. With the encouragement of Perfectae Caritatis, religious began
a process of renewal that gave a timelessChurch an uncomfortable day
or two. In Evangelica Testificatio, Paul VI pondered the results of that
process, encouraged sound developments, and emphasized the deepest
realities of religious life. He spelled out the Church's loving need for con-
secrated life, and as the drafts of the canons began to appear it was a
source of much satisfaction to discover the dictum of Pius XII had pre-
vailed: Church law and Church life had come together in a new and
supportive way. By then I was working in the general secretariat of the
United States bishops' conference and had an opportunity to see the ap-
proving, constructive comments of bishops and major superiors, canonists,
and theologians. They found that the new canons faithfully reflected con-
secrated life as it had been renewed in the Church, with both traditional
values and contemporary vitality. Flexibility, subsidiarity, respect for
a wide range of traditions and charisms: all of this came to be successfully
incorporated in the new law on institutes of consecrated life and societies
of apostolic life.

11
12 /THOMAS C. KELLY, O.P.

As one draft succeeded another, canonists began to admire the spirit

and craft of this section of the Code, and its canons are now among the
most respected of the final texts promulgated by Pope John Paul II. There
is a radical shift of perspective: instead of occupying a place of privilege,
those embracing consecrated life are now seen to hold a place of service

and ministry. There isnew emphasis on personal dignity and the

a
responsibility of each member for the char ism and life of the institute.
Mutual discernment is regarded as a key value in formation, and there
is a sensitive balance to personal and communal obligations and rights.
The canons encourage as normative in the post-conciliar Church col-
laboration with bishops, priests, other religious and laity. Above all, the
importance of the proper law of the institute is guaranteed, assuring the
continuation of the founder's unique vision, charism, and gifts.
Lawyers now set themselves happily to the task of illuminating these
canons, exposing the philosophy that undergirds them, and polishing the
nuts and bolts of the structures of consecrated life. The Religious Affairs
Committee of the Canon Law Society of America has assembled an im-
pressive roster of talent for the first United States commentary on these
canons. They have chosen authors well known for their experience, for
the clarity of their teaching, and for their love of Church law. They of-
fer extensive practical help, for which many of us will be most grateful.
In the long run their greatest contribution may be to show that the canons
protect the foundations of religious life, viz. that the evangelical counsels
find their basis in the teaching and example of Christ, and that con-
secrated life belongs to the heart and holiness of the Church. More than
ever, Church law and Church life belong together.

Thomas C. Kelly, O.P.

Archbishop of Louisville
Introduction
Francis G. Morrisey, O.M.I.

The promulgation of the revised Code of Canon Law by Pope John

Paul on January 25, 1983, marked the end of a process that had been
II
nearly a quarter century in the making. Indeed, from the day the project
1

was first announced by John XXIII on January 25, 1959, to the day the
Code went into effect, November 27, 1983, a period of twenty-four years
and ten months had elapsed. While the promulgation of the new law
marked the end of a process, it really was the beginning of another: a
period wherein the Church would strive to live out the insights given
it by the Spirit who continually guides the People of God toward their

destiny.
The revised law, while striving to implement the orientations of
Vatican Council II, also has to fulfill the role of any law: to guide the
members of the society to the ultimate good for which that society ex-
ists. The law, as a means to an end, can only be justified if it fulfills its

mission: providing freedom and a context wherein free choices can be

made without the threat of the arbitrary hanging over everyone.
Paul VI has said that the law was to be an "instrument of grace," 2
a means whereby the faithful could come to the Father without let or
hindrance. The task of the canonist consists in deepening the work of
the Spirit, 3 in seeing where the Spirit is leading the Church, and in pro-
viding means of enhancing the effects of this divine intervention. The
law based on the premise that the Holy
for institutes of consecrated life is

Spirit, in distributing charisms in the Church, has been directly involved

in the founding and development of consecrated life in its various forms.
The law is there to make certain that the charisms have the necessary
context wherein to operate freely and lead those who have received the
gift to a particular mission in the Church. In other words, the law only
can be understood — and accepted — in a context of faith. The faithful
profession of the evangelical counsels finds its significance only in response
to a God-given call to take up the cross and follow Christ.

13
14 / FRANCIS G. MORRISEY, O.M.I.

Yet, even within this vision of faith, it must be recognized that the
indiscriminate use of the law, without proper interpretation, could be
a very dangerous thing in the life of the Church. Just as it is not always
expedient to place the text of Scriptures in anyone's hands without the
necessary annotations or explanations, 4 so too the code of law, if it is not
to be used simply as a club or as a means of enforcing conformity, must
be interpreted according to the principles used in its preparation, in the
light of divine revelation, and the doctrine of the Church. It would be
tragic for the Church if, after so many years of hard work and prepara-
tion, the law were to be used simply as a means of "restoring" order and
uniformity. Instead, it must be envisaged as a means of consolidating
the experience of the past to enable the Church and its members to look
forward in joy and hope toward the future. The Code could be considered
as the consolidation of the various experiences lived in the Church
throughout its which have proved to be
existence, those experiences
beneficial to the community, and those which have not demonstrated
their value. Thus, some prescriptions will be positive in their thrust, others
negative.
The new law for institutes of consecrated life fits squarely into this
perspective. It one of the parts of the legislation that has been com-
is

pletely renewed. However, no matter how perfect the architect's draw-

ings and designs, it is only when the building is lived in that its faults,
if any, are noted. The same will be true of the new law. Only the test

of time will reveal whether the project is apt to provide for the continual
renewal of consecrated life in the line of particular community charisms
and missions.
To determine to what extent the new legislation will be a suitably
adapted instrument of grace and continual renewal, it will be necessary
to review first the principles that guided its revision; then, the trends
noticed in the revision itself can be examined. This would be followed
by a comparative overview of the three published drafts of the text.

/. THE PRINCIPLES GUIDING THE REVISION

The Pontifical Commission for the Revision of the Code of Canon Law
had drawn up a series of ten principles to be applied in the revision of
the Church's legislation. These principles were approved by an over-
whelming majority at the Synod of Bishops in 1967. 5 However, they were
not sufficiently precise to direct each subcommission in carrying out the
particular task assigned to it. Consequently, a certain number of addi-
 Introduction / 15

tional ones were recognized as operative in revising the law for institutes
of consecrated life and societies of apostolic life. Four such major prin-
ciples were accepted, along with a number of secondary guidelines. They
constitute the background for the study of the new law and provide cer-
6
tain criteria for any eventual evaluation of the legislation.

1. The spiritual dimension of the law: the nature of consecrated life

Since law by itself remains sterile, it is not enough to base the existence

of consecrated life simply on some form of outward observance. Indeed,

while such observances are at times necessary if activities of religious are
to correspond to an inner dynamism, the laws must nevertheless flow
from a deep awareness of the spiritual dimension of consecrated life.
Thus, the new Code specifically states that the following of Christ is the
7
supreme norm of life for religious. In one sense, this canon would be
sufficient since it contains all; yet, on the other hand, it warrants develop-
ment many ways of following Christ, according to the
since there are
particular charism and mission of each institute.
The subcom mission had asked that the Code contain some pastoral
norms, rules that would be seen more as guidelines than as strictly
juridical prescriptions. We see such, for instance, in the canons which
refer to the office and duties of superiors. 8
But, what is more striking is the fact that the Code also contains a
number of doctrinal canons, outlining the nature of consecrated life and
of its various forms. Thus, the first canon in the section 9 reminds us that
life consecrated by the profession of the evangelical counsels is a stable

form of life by which the faithful, under the guidance of the Holy Spirit,
follow Christ more closely, dedicate themselves totally to God, while
striving for the perfection of charity. These and many other elements
found in the canon have no minimal form of fulfillment. They call for
a perfection that is never fully attained on earth.
Other theological elements of consecration are spelled out in CC 573-
575, 607, 662, 663, etc. These remind us of the fact that consecrated life
has as one of its purposes the building up of the Church, that it pertains
to the life and sanctity of the Church, that the faithful receive a special
call to embrace it, that the evangelical counsels, a divine gift, find their
basis in the teaching and example of Christ.
One of the major consequences of this approach is that internal con-
victions, flowing from a faith response to a divine call, necessarily are
seen as fundamental to the observance of any norms whose purpose it
is to protect the gift received from God. 10 Of course, one of the dangers

in such an approach is to turn the Code into a handbook of religious

16 / FRANCIS G. MORRIS EY, O.M.I.

spirituality.This is not the case and the members of the subcommission,

while respecting the spiritual dimension, were also very careful to make
certain that the new Code was a text of law, in line with the first general
11
principle approved by the Synod of Bishops.

2. Respect for the special characteristics of each institute: its charism

and mission
Another notion underlying the canons on consecrated life is that at the
origin of each institute, there was a particular gift or charism of the Spirit.
This charism, which varies somewhat from institute to institute, finds
its members, but also in their
expression, not only in the life-style of the
mission. The laws Church have to allow flexibility so that each
of the
institute may live its own form of life and spirituality in accord with its
charism. For instance, the laws on cloister are not applicable in the same
way everywhere.
To foster respect for the special characteristics of each institute, the
1977 draft of the canons had tried to present a typology of apostolic in-
stitutes that would help clarify the distinctions found between conven-
tual and integrally apostolic communities. In the conventual institutes,
the apostolate is assumed by the community; there is stability in
assignments, a strong sense of sharing, prayer in common, and a form
of government that calls for greater participation. In the integrally
apostolic institutes, the apostolate is carried out more by the individual
members on behalf of the institute, mobility is a characteristic of apostolic
commitment, the notion of obedience is strong, prayer life is more par-
ticularized, etc.
However, because of the difficulties faced by those who were trying
to define the particular status of their institute in the light of their charism,
and few communities were able to fit directly into one category
since
or the other, it was found preferable to drop the divisions. Thus, the

1983 Code has no direct reference to a typology of apostolic institutes,

although the chapter on the apostolate contains some of the elements
found in the 1977 draft (especially CC 674, 675). Nevertheless, if a com-
munity is preparing adapted legislation, it must know for what type of
institute the law is being drafted. Thus, for instance, the norms on for-
mation, on government, on community life, on prayer, on living the
evangelical counsels, are all to be prepared in view of the functions to
be assumed later on in the life of the institute.
Although the new Code does not retain a detailed classification of
institutes, it still provides elements upon which to base particular legisla-
tion. Thus, it refers to the "patrimony" of the institute 12 which comprises
 Introduction / 17

the intentions of the founder, the nature, purpose, spirit, and character
of the community, and its sound traditions. These elements find their
doctrinal basis in the conciliar decree PC No. 2b. Many institutes have
even been experiencing difficulties in determining who precisely is their
founder or foundress, let alone the expression to give to their charism.
This occurs because so many institutes are divisions of existing ones, either
for diocesan reasons, or because of differences of language, culture,
geography, etc. Furthermore, the missions of the institutes have neces-
sarily changed with time in their practical expressions; works that were
once identified with a certain community are now assumed by govern-
ment or diocesan services; communities are no longer free to make ap-
pointments to schools or hospitals without going through elaborate per-
sonnel procedures. Therefore, the description of the nature and mission
should not be hardened in law, or the institute would soon be boxed into
a corner.
However, as a minimum, the law, in order to protect the special
characteristics of each institute, calls for a faithful respect of the com-
munity's patrimony so that decisions are taken in a perspective of con-
tinuity and of fidelity to the call of the Spirit.
The norms on formation in the new Code bring out clearly the fact
that the candidates are to be given a better knowledge and understand-
ing of the institute and of its way of living, 13 and after first profession
are to live the life of the institute in a more complete way and carry out
14
its mission more fully. These norms, among others, refer again to the
special characteristics of the institute.

3. Principle of subsidiarity: use of proper law

One of the general principles invoked for the revision of the whole Code
was that were to be taken at the most appropriate level. 15 The
decisions
general principle was viewed more in the light of a distribution of
decision-making authority among diocesan bishops and episcopal con-
ferences. However, in the subcommission on consecrated life, it was
decided to apply this principle by providing for flexibility in institutes,
without having the general law enter into endless details. This was car-
ried out by a particular reliance on proper law.
The term "proper law" calls for some explanations. There are many
levels of proper law in an institute. The fundamental code, or Book I,
of the community spells out the patrimony of the institute, the basic norms
regarding government and formation, membership, and the object of
the vows. This enables each institute to protect its vocation and identity
by enshrining them in the fundamental code. Such a code, once accepted
18 / FRANCIS G. MORRISEY, O.M.I.

by the general chapter of the institute, is approved by the competent ec-

clesiastical authority
16
and may only be changed with its consent.
In addition to Book I, the proper law of each institute is also expressed
in other books or codes. The names given to such documents are of little
import; what matters most is their content. Thus, Book II is usually called
the "Rules." It contains the applications of the principles outlined in the
constitutions and is more subject to change. This second book is approved

by the competent authority of the institute, 17 usually the general chapter,

and may be changed as necessary.
A third category of books, sometimes called directories, sets out more
detailed prescriptions for application which are often not of import to
the entire community. For instance, such directories can be concerned
with formation, 18 chapter procedures, 19 financial policies, 20 and policies
for superiors. 21 They are usually prepared by the supreme moderator and
council.
A further application of subsidiarity at a fourth level can be found
approved for particular provinces or regions of an institute where
in codes
Such local directories would be confirmed by the
situations are varied.
competent authority of the institute, according to the constitutions.
The new Code has very carefully applied the principle of subsidiarity.
Indeed, some may even feel that too much was left to the institute and
there will not be sufficient uniformity among communities. The problem
is probably more acute in smaller institutes where human resources are

not always available to prepare legal texts for the community. However,
such institutes can always be helped by others who are willing to share
their resources in such matters.
The 1983 Code definitively assigns to superiors certain powers that
were previously delegated to them by indult or special papal dispensa-
tion. Thus, superiors by office may allow a religious to change the acts
of cession of administration of goods and the last will and testament; 22
the supreme moderator can authorize a member to renounce personal
patrimony, either in whole or in part. The constitutions can determine
how an institute is to be divided into parts. 23
Some points of the new law go even further than the experimental
norms did in the period after the Council. The most striking example
of this is exclaustration which may now be granted by the supreme
moderator with the consent of the council; 24 this was previously reserved
to competent ecclesiastical authority.
—
Another expression of subsidiarity which is not without its
—
problems is found in the vocabulary used throughout this section of the
Code. Neutral terms, such as supreme moderator, sacred bonds, funda-
 Introduction / 19

mental code, proper law, members, were used, especially in the general
who could then choose a term more in ac-
part, to apply to all institutes
cordance with their traditions.
One expression of subsidiarity in the broadest sense of the term is
found canons that refer to the autonomy of institutes and their
in the
relationswith the diocesan bishops. C 586 spells out the general prin-
ciple of autonomy, especially in matters of internal government.
However, institutes are subject to the diocesan bishop in questions of
27 28
liturgy, 25
apostolate, 26 particularly of education, and care of souls.

4. Coresponsibility in the government of the institute

PC (No. 4) has spoken of the necessity of representation and cooperation

of the members of the institute, to make sure that they were involved
in important decisions affecting the life of the community. The way such
shared responsibility is fostered will depend to a great extenton the size
of the institute, language and cultural factors, geographical distribution,
etc.
Superiors are asked to listen freely to the members and encourage
them to propose what they consider appropriate for the institute. 29
General chapters are to be established in such a way that they represent
the entire institute. 30 When superiors are appointed and not elected, their
choice is be preceded by suitable consultation. 31
to
C 633 provides for organisms of participation and consultation. No
specific format or structure is prescribed; however, it is mentioned that
such organisms should conform to the nature and purpose of the institute
and that they shall be used in a discerning way. Accordingly, such
assemblies would take on a quite different form in contemplative institutes
and in apostolic ones.

5. Equality between institutes of men and of women

The Code Commission took great pains to eliminate what could appear
to be discriminatory canons distinguishing between institutes of men and
those of women. While such a policy was not part of the four guiding
principles, it was one of the secondary guidelines observed by the sub-
commission.
Yet, because of the nature of institutes, some are described as clerical,
others as lay. The major superiors in pontifical clerical institutes are Or-
32
dinaries for their subjects; for lay institutes it is the Ordinary of the
place where the house is situated. This will necessarily create a difference

among institutes because some will have to have recourse to a local Or-
 .

20 / FRANCIS G. M ORRIS EY, O.M.I.

dinary for certain permissions, while others will be able to obtain the
necessary authorizations within the institute itself. However, the dif-
ference is not based on sex, but on the exercise of sacred orders. An ex-

ample of such differences is found in C 1288, where it is stated that the

introduction of law suits and a response to them require the written per-
mission of the proper Ordinary (likewise, the acceptance of foundations
and their administration) 33
C 606 outlines clearly the principle that what applies to institutes and
to their members applies equally to both sexes unless otherwise provided;
in the 1917 Code, it was stated that whatever applied to men also ap-
plied to women, unless the contrary was stated. The new formulation
is better.
Thus, we no longer find norms regarding the confessions of sisters

and special examinations of candidates for sisterhood. The visitation rights

34
of the Ordinary are the same for both: he can only conduct a visitation
in houses of diocesan institutes; visitation rights for pontifical institutes
are limited to specific matters regarding liturgy and the apostolate. Time
alone will tell whether this prescription is for the well-being of institutes
of women. Since the diocesan bishop has no general right of visitation
have to be referred to the
in pontifical institutes, disputes or difficulties
Holy See; it might have been preferable to have provided for some type
of arrangement whereby the matter could be resolved at the local level.
Of course, nothing in the law prevents having recourse to the bishop if
both parties agree to his voluntary intervention.
There are still a few canons in the Code concerning monasteries of
nuns, the erection of such monasteries, and cloister for contemplative
institutes of women. 35 However,
these depend on the nature of the in-
stituteand should not be considered discriminatory. Indeed, many of
the norms regarding monasteries refer also to communities of men.
This overview of five particular principles used to prepare the new
law shows how they were observed in drafting the final text. Of course,
it would be relatively easy to single out certain canons which might on

the surface appear to go against one or more of these guidelines, but such
is not our purpose here. Rather, in spite of some deficiencies, the law

in general is very faithful to the principles; time alone will tell whether
they were the right ones to apply. Everything at present seems to indicate
that such is the case.

//. TRENDS NOTED IN THE REVISION OF THE LAW

In addition to agreeing on fundamental principles, a number of serious
 Introduction / 21

questions of substance had to be faced by the subcom mission in revising

the law for institutes of consecrated life and societies of apostolic life.
One of the major issues concerned the place of such institutes in the overall
plan of the Code itself. Others were related to the contents of the various
drafts.

1. The place of CC 573-746 in the revised Code: the charismatic

aspect of consecrated life

As the work on the preparation of the new Code progressed, it became

evident that the place assigned to CC 573-746 in the law would express
an underlying theology regarding consecrated life in the Church.
LG (No. 44) provides some insight as to where the canons were to
be situated: "The state of life which is constituted by the profession of
the evangelical counsels, while not entering into the hierarchical struc-
ture of the Church, belongs undeniably to her life and holiness."
The 1977 draft of the Code had thus placed the canons we are con-
sidering in the third section of Part II of Book II, "The People of God,"
under the heading "Institutes of Consecrated Life." This section was
preceded in the second part ("Persons in particular") by sections on
sacred ministers or clerics, and the hierarchical constitution of the
Church. The fourth section referred to the laity. Many objections were
raised against this plan because it still perpetuated the triple division be-
tween clergy, religious, and laity. The objections were centered on the
fact that societies of apostolic life were considered to be institutes of con-
secrated life and were thus subject to the various norms regarding the
evangelical counsels. Many such societies do not make a formal profes-
sion of the three counsels.
A new plan was then proposed in the 1980 draft, but caused
this too
serious difficulty. The canons were found in Part III of Book under
II,

the general title of "Associations." This now meant that religious life could
be seen simply as a human society, without direct reference to the ac-
tion of the Spirit. Vatican II had indeed recognized the charismatic state
of those who were in such institutes and this dimension seemed to have
been overlooked.
Consequently, in view of the objections raised against the revised plan,
a new one was prepared which is found in the promulgated Code. This
new division respects fully the charismatic nature of the Church. Book
II is divided into three parts: the faithful, the hierarchical constitution
of the Church, institutes of consecrated life and societies of apostolic life.

Thus, after giving general principles regarding the faithful (laityand

clergy), personal prelatures and associations of the faithful, the Code then
22 / FRANCIS G. M ORRIS EY, O.M.I.

considers the hierarchical and charismatic dimensions of the Church. By

placing the canons on consecrated life and apostolic societies in this third

part of Book II, the law recognizes that these forms of life do not pertain
to the hierarchical nature of the Church, but nevertheless are distinct
from the general associations and prelatures. This reminds us of the debate
during the Council concerning the place of Chapter II of LG. The new
plan renders a great service to consecrated life by recognizing its par-
ticular nature.

2. The state of those who profess consecrated life: a canonical state

Vatican Council II spoke about the legal sanction given to religious life

and the raising of this form to the dignity of a canonical state. 36

Three juridic prerequisites exist before a person can be considered
in law to have entered a state of consecrated life: (1) the form of life
must have been approved by the Church and recognized as an ap-
propriate means of living out the Gospel; 37 (2) the institute itself must
have been approved and recognized by legitimate ecclesiastical
authority; 38 (3) the profession must be accepted by a legitimate represen-
39
tative of the institute. In addition, the Code sets out other conditions
for the validity of profession in C 656.
These three fundamental conditions immediately raise to mind the
40
question of those institutes that desire to be noncanonical. By remov-
ing themselves from the government authority of the Church, the
members are no longer formally recognized as professed religious and
no longer have the protection of law against arbitrary decisions. Fur-
thermore, in addition to the lack of official union with the authority of
the Church, the activities of the members often do not constitute an
apostolate in the true sense of the term, since they are not carried out
in a spirit of ecclesial communion. 41 The norms of the new law are very
clear in regard to apostolic activity.
By entering into a recognized state of life, the member acquires a
number of fundamental rights and assumes certain essential obligations.
These are outlined in CC 662-672 of the 1983 Code. Not surprisingly,
many of the obligations refer to spiritual matters. Each religious has the
right to receive from the institute that which, according to the constitu-
42
tions, is necessary to attain the goals of religious profession. The law
does not have parallel sections for members of secular institutes or societies
life, and their rights
of apostolic and obligations would have to be deter-
mined by analogy with those for religious.
 Introduction / 23

3. The form of consecration: vows and promises

The new law adopts the position that religious profession is to be made
by vows, temporary or perpetual. 43 For a certain number of years,
either
the practice of making promises to the institute had been authorized for
44
the period of temporary commitment. Yet, Vatican II had spoken of
45
the possibility of a consecration that could become deeper with time
and thus become more perfect. Nevertheless, others spoke of consecra-
tion in terms of something permanent and definitive. The Holy Father
eventually decided that vows would be used in religious institutes and
promises or other sacred bonds in secular institutes and societies of
46
apostolic life.

As Abbot Primate Viktor Dammertz wrote: "The limitation inherent

in temporary vows is understood in a way that is completely in accord
with tradition: they presuppose a basic decision on the part of the per-
son making the vows, which includes an intention of committing oneself
irrevocably later on in perpetual profession, provided that in the mean-
time nothing happens to disprove the existence of a vocation from God." 47
Although other possibilities could have been envisaged, there is no
doubt that the formulation now found in the Code is in conformity with
the teaching of the Council, even though communities that had author-
ized promises will have to make some changes in their practice.

4. New forms of consecrated life: consecrated virginity

The general introductory canons refer to the possibility of recognizing

48
new forms of apostolic Such could take on many forms: for in-
life.

stance, ecumenical or inter-faith communities, mixed communities of

men and women, communities based on some form of temporary ser-
vice, and so forth. The Church does not recognize such as constituting
consecrated life at this time. Indeed, only the Holy See can approve any
such new forms.
But, it is interesting to note that the general canons do speak of the
49
eremitical life and of consecrated virginity. While these forms of con-
secration are not directly placed among forms of consecrated life, since
the eremetical life is seen as going beyond it, and consecrated virginity
is presented as being similar to it, both have much in common with con-
secrated life itself. However, it could be asked whether these canons are
in theirproper place, especially the one on consecrated virginity. They
might have been better placed elsewhere in the law.
The canon on consecrated virginity raises a number of canonical prob-
lems. What is the nature of the sacred "propositum" (commitment)? Does
24 / FRANCIS G. MORRISEY, O.M.I.

it constitute an impediment to marriage? How is it dispensed? What

obligations does it entail? What is the responsibility of a bishop who ac-
cepts to consecrate a lay woman for the service of the diocesan church?
These questions will probably only be answered with time, but they have
significant consequences in law. A further question can be raised about
lay men who wish to consecrate themselves to the service of the diocese.
Has any similar rite been proposed for them?
At times it has been recommended that religious women who wish
to leave their institute without losing their vows be consecrated as virgins.
Such a practice should be seriously questioned, since consecrated virginity
is a particular state of life in the Church and would require a period
of preparation beforehand. A simple transition from one state to another
is not advisable. The rite does not provide either for some form of tem-

porary commitment, and thus the consecration is definitive, unless a per-

son wishes to make private vows in the hands of the bishop. However,
since we are still living in a period where the restored rite is considered
as novel, would be extremely important to make sure that it is placed
it

on a strong footing and not seen simply as some second-class form of

commitment.

5. Relationships with the local Church and its mission: exemption

We have already referred to the role of the local bishop regarding the
apostolate of religious. However, there is still one canon 50 which raises
the tricky question of exemption. Since religious are directly subject to
the Ordinary in matters regarding the care of souls, liturgy and the
apostolate, and since major superiors in clerical institutes now have the
same authority as exempt major superiors in the old law, it can be asked
what is the practical value of such an exemption. Possibly, the imposi-
tion of certain penalties might be reserved in the case of exempt institutes,
but even this is not clearly stated in the law. For instance, C 1320 pro-
vides that religious may be coerced by a penalty in all those matters in
which they are subject to the local Ordinary. Possibly, at some future
exempt communities.
date, specific legislation will be enacted referring to
The matter might be allowed to lie in peace!
also
Leaving aside this unanswered question, the theological notion of mis-
sion takes on prime importance in the new law. The threefold mission
of Christ, to teach, sanctify, and govern, is also entrusted to religious
and members of other institutes as they share in Word and sacrament,
and provide for the internal government of the institute. 51
Each institute, in addition to its charism, thus has its mission to carry
out in the Church, 52 a mission to be adapted to the needs and cir-
 Introduction / 25

cumstances of time and place. Institutes, no matter how great the need,
cannot be called upon to carry out works not in conformity with their
nature. 53 Because of the inherent tensions between mission and diocesan
needs, members of institutes are to hold fast to their own spirit and to
the patrimony of the institute, as the law clearly states.
These issues and others were faced by the subcommission as the
various drafts of the canons were prepared.

///. THE DRAFTS OF THE NEW LAW

When the remarks on the 1977 draft canons on consecrated life were ex-
amined by Paul VI, he is alleged to have exclaimed: "This draft is
fascinating; it was not understood; perhaps it was ahead of its time." 54
The 1977 draft indeed appeared to be quite radical, even though it

simply applied the vision of the Council. It seems that many people were
afraid that too much was left to each institute and that the principle of
subsidiarity was applied too readily. Once the principle was applied so
extensively in consecrated life, they thought, there would be little reason
why subsidiarity could not also be applied in the particular churches,
and even in the parishes.
Other objections raised against the first draft referred to a danger
of leveling all institutes; many were also opposed to the typology; it was
said that the text did not insist sufficiently on community life and that
it did not treat of the apostolate of religious. Then, it was alleged that

the draft restricted somewhat the conciliar teaching on the sequela

Christi, the following of Christ. Finally, it was stated by some that the
notion of consecration was wrong, since it proposed this gesture as a
response of the person to the divine call 55 and was not presented as a
divine intervention.
Many of these objections could be readily answered. However, the
spirit of the 1977 draft had not been clearly grasped by many of those
who raised objections against it.
Yet, the number of objections thus raised
meant that there were indeed certain fundamental problems with the
text that had to be addressed.
A revised version of the draft law distributed in 1980 was, then, a
work of compromise. The general or common law would once again
assume priority over the particular law, without however sacrificing the
reliance on the proper law of each institute. This provided for greater
uniformity. New sections were added on general chapters and on the
apostolate of religious. The typology of 1977 was dropped.
The 1980 revision, which was substantially retained in the prom-
26 / FRANCIS G. M ORRIS EY, O.M.I.

ulgated version, insisted on the ecclesial and eschatological significance

56
of the admirable marriage established by God. Religious life was seen
above all as a consecrated life, a worship of love towards God. In this
way, it goes beyond the virtue of religion and presupposes theological
charity in a total gift of self to God. No longer do the vows suffice to
identify the religious, since others can also make vows, but rather, the
57
entire person is consecrated to the Lord; this too calls for fidelity.

In addition the 1980 version proposed some interesting changes re-

garding admission to an institute. Henceforth, an indult from the Holy
See would no longer be required if a person leaves the institute after mak-
ing perpetual vows, having been duly dispensed, and now wishes to return
58
to the community. Likewise, that person does not have to repeat the
novitiate 59 if the supreme moderator with the consent of the council does
not judge it necessary; instead, the person undergoes a period of proba-
tion. These changes were retained in the final text.
The final version (1983) of the canons introduced a few more signifi-
cant changes in existing legislation.
One such change concerns C 668, §5, on the renunciation of
patrimonial goods. The 1980 version spoke of a professed religious who
totally renounced any personal patrimony; such a person would
henceforth be unable to acquire additional patrimony; anything received
would belong to the institute. The promulgated version states that such
a restriction applies only in the case of institutes which by their nature
require the renunciation of temporal goods.
C 689 also contains a new clause to the effect that if a religious, dur-
ing the period of temporary vows, becomes insane, even though a new
profession cannot be made, that person cannot be dismissed from the
institute.
Superiors were also given more leeway in cases of mandatory dismissal
for faults against the sixth commandment, 60 provided the delinquent
religious had repented and repaired in an appropriate way any scandal
that had been caused. In such instances, it was not necessary to proceed
with the dismissal.
Also, C 700 revised the procedure to be followed in the case of
dismissal of religious. For validity, the decree must indicate the right
of the dismissed person to have recourse to the competent authority within
ten days from receiving the notification.
A cursory examination of the three drafts would reveal that they are
quite similar. However, a detailed study reveals some significant dif-
ferences. The promulgated version is more refined and decisive; it pro-
vides needed clarity without destroying the vision of the 1977 version.
 Introduction / 27

IV. EVALUATION AND CONCLUSION

The promulgated text is set out as follows:
Section I: Institutes of consecrated life

Title I: Common norms for all institutes of consecrated life. Thirty-

four general canons applicable both to religious and secular
institutes, and also to some extent to societies of apostolic life,

are found in this part (CC 573-606).

Title II: Religious institutes (CC 607-709). The matter is divided into
eight chapters: religious houses, their erection and suppres-
sion; the government of institutes; the admission of can-
didates and the formation of members; the obligations and
rights of members of institutes; the apostolate of institutes;
separation of members from the institute; religious promoted
to the episcopacy; conferences of major superiors.
Title III: Secular institutes (CC 710-730). Twenty-one canons which
at times refer to the canons on religious.
Section II: Societies of apostolic life (CC 731-746). Sixteen canons which
also refer abundantly to the canons on religious.

These new canons incorporate most of the changes that were author-
ized on an experimental basis during the post-conciliar years. In this
regard the law contains few surprises.
Along with the section of the rights of the faithful and the law on
sanctions,it is one part of the 1983 Code that has been completely recast.

It exudes a new spirit: one of adulthood in a committed Church.

The law leaves a number of questions unanswered or gives rather

ambiguous statements, but these will provide for future growth. Some
of the questions still to be clarified are found in C 591 (exemption),
C 595 (who approves constitutions for pontifical institutes) C 596 (the ,

nature of the authority or power held in lay communities), C 602 (the

modalities of life), C 604 (the nature of consecrated virginity
common
and its C 608 (the "residence" when religious are unable
effects in law) ,
to reside in a "house"), C 617 (the power of superiors), C 638 (the nature
of extraordinary administration), C 687 (the dependency of exclaustrated
religious on the local Ordinary), C 731 (the way in which societies of
apostolic life are likened to institutes of consecrated life), etc. In some
instances practical experience provides the answer to these queries; in
others, such as with C 731, the subcommission took the most commonly
held position.
There is no doubt that the law respects the gift of consecrated life
in the Church, recognizes the unique character of each institute, pro-
28 / FRANCIS G. M ORRIS EY, O.M.I.

vides for flexibility and subsidiarity, and offers means of promoting the
participation of all members in the lifeand mission of the institute. It
also clearly defines the object of the evangelical counsels, leaving par-
ticular specifications to individual communities. But, most of all, it traces
a sure path that enables each member of an institute or society to re-
spond to God's call in fidelity and love.
The new Code, in C 1752, ends by speaking of the fact that the
supreme law is the salvation of souls. For religious, this is complemented
by the supreme rule of life which consists in following Christ, 61 and in
giving the testimony of consecrated life which is fostered by prayer and
penance. 62 If such were observed and produced the much desired effects,
then the efforts spent in revising the law will have been quite worthwhile.
The challenge is given to each member of an institute of consecrated life
or a society of apostolic life to respond to the divine call to the perfection
of charity. The new law traces a clear path leading eventually to such
a goal.

NOTES
1. John Paul II, Apostolic Constitution Sncrae Disciplinae Leges, pars II, AAS 75.

2. Paul VI, Allocution of February 8, 1973. The Pope Speaks 18 (1973-1974) 78.
3. Paul VI, Allocution of September 17, 1973. Origins 3 (1973-1974) 272.
4. C 825 §1.
5. Comm 1(1969) 55-56.
6. Many of the points in the following study as taken from the study prepared by
Abbot V. Dammertz, "Institutes of Consecrated Life in the New Canon Law," USG, Circ.
N. 33/82, October 27, 1982, 26 p. (ms).
7. C 662.
8. CC 618, 619.
9. C 573.
10. Comm 2 (1970) 170-71.
11. Comm 1(1969) 78-79.
12. CC 578, 587.
13. C 646.
14. C 659.
15. Comm 1(1969) 80.
16. CC 593, 595.
Cf.
17. C 587.
18. C 650.
19. C 631, §2.
 Introduction / 29

20. C 635, §2.

21. C 617.
22. C 668 §2. See Cum Admotae (Sec. St., Rescript, November 6, 1964) Nos 16 and
17, AAS 59-374 (Faculties of Superiors General of Pontifical Clerical Religious Institutes
and of Abbots President of Monastic Congregations, CLD 6:147) and repeated in RL, etc.

23. C 581.
24. C 686, §1.
25. C 838, §4.
26. CC 675, §3; 678.
27. CC 801, 804.
28. C 678.
29. C 618.
30. C 631.
31. C 625.
32. C 134.
33. C 1302.
34. C 628.
35. CC 609, 614, 667, §2.
36. LG 45, §3.
37. LG 43, §1; C 573, §2.
38. C 573, §2.
39. C 656, §5.
40. See Richard A. Hill, "The Community and the Option of Non-Canonical Status,"
RfR 41(1982) 542-50.
41. C 675, §3.
42. C 670.
43. C 654.
44. RC 34.
45. LG 44, §1.
46. Secretariate of State, Prot. No. 41,829, August 12, 1980, in PONTIFICIA COM-
MISSIO CODICI IURIS CANONICI RECOGNOSCENDO, Relatio complectens synthesim
animadversionum . . .
, Typis polyglottis vaticanis, 1981, 133.
47. V. Dammertz, 4.
48. C 605.
49. CC 603, 604.
50. C 591.
51. See CC 204, 617, 758, 776, 801, 835, §4.
52. See C 677.
53. CC 674, 776.
54. J. Beyer, "Le deuxieme projet de droit pour la vie consacree," Stud Can 15(1981)
127. The 1977 draft of the canons is found in PONTIFICIA COMMISSIO CODICI IURIS
CANONICI RECOGNOSCENDO, Schema canonum de institute vitae consecratae per
professionem consiliorum evangelicorum, Typis polyglottis vaticanis, 1977, xiii-37 p.
55. Cf. J. Beyer, 121-24.
56. See PC 12. The 1980 draft is found in PONTIFICIA COMMISSIO CODICI IURIS
CANONICI RECOGNOSCENDO, Codex Iuris Canonici, Schema Patribus Commissionis
Resewatum, Libreria editrice vaticana, 1980, CC 503-672.
57. Cf. J. Beyer, 96.
58. C 690.
30 / FRANCIS G. MORRISEY, O.M.I.

59. C 690.
60. C 695.
61. C 662.
62. C 673.

BIBLIOGRAPHY
Beyer, Jean. "Le deuxieme projet de droit pour la vie consacree," StudCan 15(1981)
'87-134.
Beyer, Jean. "Religious in the New Code and their place in the Local Church," Canon
Law Society of Great Britain and Ireland, Newsletter (September 1982) 119-32.
Beyer, Jean. Vers un nouveau droit des Instituts de vie consacree. Paris-Fribourg: Editions
S. Paul, 1978, 352 p.
Dammertz, Viktor. "Institutes of Consecrated Life in the New Canon Law," Union of
Superiors General, Mensilis (October 27, 1982) 26 p. (ms).
Gutierrez, Anastasio. "Schema Canonum a. 1980 emendatorum," CpR 61(1980) 193-207.
Hill, Richard. "The Community and the Option of Non-Canonical Status," RfR 41(1982)
542-50.
Kelly, M. Thaddea. "Religious Life and Law: The Implications," The New Canon Law:
Perspectives on the Law, Religious Life,and the Laity. St. Louis: Catholic Health
Association, 1983, 15-25.
Leduc, Jacques. "Principles of Common Law and the 1977 Schema of Canons on Institutes
of Life Consecrated by Profession of the Evangelical Counsels," StudCan 14(1980)
405-22.
Leonard, Joan de Lourdes. "Religious Life and the New Code," The New Canon
Law . . . , 26-35.
Molinari, Paul. "Formation a la vie religieuse selon une dimension ecclesiale," Vie
Consacree 4(1979) 220-36.
Morrisey, Francis. "The Laity in the New Code of Canon Law," The New Canon
Law . . . , 36-48.
Morrisey, Francis. "The Spirit of the Proposed New Law for Institutes of Consecrated
StudCan 9(1975) 77-94.
Life,"
O'Rourke, Kevin. "The New Law for Religious: Principles, Content, Evaluation," RfR
34(1975) 23-49.
Orsy, Ladislas. "A Theology of the Local Church and Religious Life," RfR 36(1977) 666-82.
Orsy, Ladislas. "A Theological Evaluation of the New Law for Religious," The New
Canon Law . . . , 62-67.
PONTIFICIA COMMISSIO CODICI IURIS CANONICI RECOGNOSCENDO, "Coetus
Studiorum de Institutis Vitae Consecratae per Professionem Consiliorum Evangeli-
corum," Comm. 11(1979) 22-26, 296-346; 12(1980) 130-87; 13(1981) 151-211, 325-407.
Said, Mark. "Particular Law of Institutes in the Renewal of Consecrated Life," RfR 36(1977)
924-47.
Norms Common to All Institutes
of Consecrated Life
Canons 573-606

Ellen O'Hara, C.SJ.

GENERAL COMMENTS
In reading the minutes of the coetus assigned to revise the 1977 draft
proposal, one realizes that several decisions were made which affect the
structure and content of the new law. (These minutes are in Communica-
tiones, published by the Pontifical Commission for the Revision of Canon
Law.) The first decision was to keep a first section on preliminary norms
and then treat religious institutes, societies of common life, and secular
institutes more specifically in later sections. There was a concern expressed
both by members of the coetus and by several Sacred Congregations that
the earlier draft would lead to a flattening out (appiattimento) of the
forms of religious life and to a secularization of religious. Concern was
also expressed within the coetus that a proper balance be struck between
necessary detail and respect for proper law.
The coetus decided norms (CC 573-606) stand
to let the preliminary
as a separate section stating the fundamental elements of any life con-
secrated by profession of the evangelical counsels. Other decisions were
to use 1917 Code terminology as much as possible and to use exhorta-
tions sparingly. There was some discussion over whether or not the re-
quirement of ES that proper law suitably blend both theological and
juridic elements also applied to the new Code. No final decision is re-
corded, but C 587, §3 requires just such a blending.
Three other matters should be noted: the term ius proprium was to
be used whenever the new law would leave to the discretion of the in-
stitute the decision of where in their various legal documents different
norms would be situated; the former term "dominative power" (used in-
stead of jurisdiction in non-clerical religious institutes) has been super-

31
32 / ELLEN O'HARA, C.S.J.

seded since all now can participate in the power of governance or exer-
cise jurisdiction in accordance with the norms of law; there was a notable
1

attempt on the part of the coetus to be sensitive to the wording of these

preliminary norms and their effect on secular institutes.

C 573

§1. Life consecrated by the profession of the evangelical counsels is a stable

form of living by which faithful, following Christ more closely under the action
of the Holy Spirit, are totally dedicated to God who is loved most of all, so that,
having dedicated themselves to His honor, the upbuilding of the Church and
the salvation of the world by a new and special title, they strive for the perfec-
tion of charity in service to the Kingdom of God and, having become an out-
standing sign in the Church, they may foretell the heavenly glory.

§2. Christian faithful who profess the evangelical counsels of chastity, pov-
erty and obedience by vows or other sacred bonds according to the proper laws
of institutes freely assume this form of living in institutes of consecrated life
canonically erected by competent church authority and through the charity to
which these counsels lead they are joined to the Church and its mystery in a
special way.

This canon is the essential canon for institutes of consecrated life. The
sources for the canon are LG 43-45 and PC 6. One notable change from
the equivalent Code canon is the omission of the phrase "in common"
to describe the stableform of living. Not all secular institutes, which were
officially and juridically recognized by Pius XII in an apostolic con-
stitution on February 2, 1947, have a common life. Neither do these
2

secular institutesmake public profession of the counsels; therefore, the

word "public" was not used here. "Public" does appear in C 654 in
reference to the vows of religious. The reference in §2 to "vows or other
sacred bonds" meant to encompass societies of apostolic life and secular
is

institutes, neither of which take public vows. This is a change from in-
terim law, which allowed members of religious institutes to make tem-
porary profession by vows or other sacred bonds. In the Code the assump-
tion is that religious make or renew profession by means of vows only
(cf. SCRIS decree, February 2, 1984). Lastly, the term "consecrated life"

in the canons applies to religious, secular institutes, hermits, and those

consecrated by the rite of virgins.
C 573 is a combination of both theological and juridical elements.
Following the wording of the canon, the choice for consecrated life is
an explicitation of the prior choice for Christ in baptism. Both theo-
logicallyand juridically, the choice for consecrated life is to be a total
 Norms Common to Institutes of Consecrated Life / 33

dedication of the person, in a Spirit-filled life dedicated specifically to

the honor of God, the upbuilding of the Church, and the salvation of
the world.
There are some noticeable changes from earlier drafts of this canon,
which are particularly relevant for the theological background of this
canon. In the earlier draft (1977), there was a general preliminary canon
dedicated to the relationship of consecration in religious life and the con-
tinued relationship with the world. This earlier draft spoke of consecrated
life as not placing any obstacle to human development, but, on the con-
trary, contributing greatly to the development of the human person. In
addition, the earlier canon stressed that the profession of the evangelical
counsels did not estrange those in consecrated life from the rest of hu-
manity. Theologically, the promulgated version of the text refers to a
more Johannine concept of "world," whereby the term signifies that
which is not redeemed or open to the salvific action of Christ. Another
notable change from the earlier draft is the replacement of the action
of the Holy Spirit in a way to connect this action more closely to the
living of the consecrated life, rather than its placement which em-
earlier
phasized the role of the Spirit at the time of the founding of the institute,
as in LG 43.
The reference in §1 form of living" refers to the fact that
to "a stable
the state of consecrated life is meant
to be a permanent choice or state
in life. There was really no general legislation on simple vows in the
Church until 1857-1858. On March 19, 1857, Pope Pius IX, in Nemini
Latet, decreed that members of male religious orders must make simple
vows for three years after novitiate. At the time, the explanation was
that the intention was for perpetual vows, but that this would allow either
the individual or the community to change their minds after this testing
period. In many communities this theology remained, namely, that at
the time of the first profession, even though it was legally temporary,
the intent should be for permanency in the state of consecrated life. This
is one reason why the time spent in temporary vows should not be pro-

longed unnecessarily.
In §2 of the same canon, there are other juridic elements added. The
names of the evangelical counsels are specified as chastity, poverty, and
obedience. The ordering of the counsels was kept as they are mentioned
in the documents of Vatican II, particularly in PC 12-14. Reference is

made to the fact that this is a free choice on the part of the individual
and that the profession of these vows is made within the context of the
proper law of the institute within which one professes these vows. Thus,
the particular living out of the evangelical counsels is situated within the
34 / ELLEN O'HARA, C.S.J.

framework of the heritage and law of the particular institute. Likewise,

such institutes of consecrated come into being only by canonical erec-
life

tion by the competent Church authority. (Cf the commentary in C 579 .

for "the competent Church authority" as mentioned in this canon.) Lastly,

reference is made again to the ecclesial nature of this vocation.

C 574

§1. The state of those who profess the evangelical counsels in institutes of this
kind pertains to the and sanctity of the Church and
life for this reason is to be
fostered and promoted by all in the Church.
§2. Certain Christian faithful are specially called to this state by God so that
they may enjoy a special gift in the life of the Church and contribute to its salvific
mission according to the purpose and spirit of the institute.

The source of this canon is LG 43-44. The Council text states that
religious "contribute, each in his or her own way, to the salvific mission
of the Church." The coetus removed the phrase "each in his or her own
way" from the 1977 draft and added the phrase "according to the goal
and spirit of the Institute" instead to emphasize (in their words) the value
of a vocation received from God according to the institute and to pre-
vent abuse by personal activity outside and perhaps contrary to the in-
stitute. The vocation is seen as a call from God, given as a gift within
the context of Church, and further specified within a particular institute.
It is only in the twelfth century that the triad of poverty, chastity, and
obedience emerges as the expression of the evangelical counsels. This triad
is basically not that used by the monastic traditions, especially the
Benedictine. Likewise, it is about the same time period that the discus-
sion of legal implications for the profession of the counsels begins to be
discussed. While the term votum appears early in the literature of religious
life, even that of the monastic literature, the idea of a vow having legal
implications in the sense of a contractual obligation begins to be discussed
at about the same time that the Church and society were rediscovering
Roman law in the eleventh and twelfth centuries. It is another several
hundred years before the Church begins to make the profession of vows
a necessary legal requirement for religious life.

C 575

The evangelical counsels, based on the teaching and examples of Christ the
Teacher, are a divine gift which the Church has received from the Lord and
always preserves through His grace.

The source of thiscanon is LG 43. The canon has remained the same
in all the drafts, and its emphasis is on situating the counsels within the
 Norms Common to Institutes of Consecrated Life / 35

ecclesial context as part of the Church's patrimony. This statement is

the basis for the Church's authority in the next canon.

It is the teaching of Vatican II in LG that the practice of the
evangelical counsels is incumbent upon all Christians. The practice is

seen as an extension into the life of the individual Christian of the life-

style of Jesus Christ. In the past, specific scriptural quotes have been taken
out of context and used as proof texts for one or the other of the evangelical
counsels. Modern Scripture studies show the danger of misinterpretation
in taking such quotes out of context. Consequently, typical bases for the
practice of evangelical counsels usually arise out of a study of the Gospels
as a whole. Two recent books which deal with the biblical bases for the
practice of the evangelical counsels within religious life are Francis
Moloney's Disciples and Prophets 3 and John Lozano's Discipleship:
Towards an Understanding of Religious Life. 4
C 576

It belongs to the competent authority of the Church to interpret the evangelical

counsels, to regulate their practice by laws, to constitute therefrom stable forms
of living by canonical approbation, and, for its part, to take care that the in-
stitutes grow and flourish according to the spirit of the founders and wholesome
traditions.

The source canon is LG 43 and 45. The canon has undergone

of this
which are important. Earlier, in the 1977 draft, reference
several revisions
was made to ecclesiastical authority's interpreting the counsels under the
guidance of the Holy Spirit. This phrase was dropped in the revision of
the canon because the committee felt that it could give rise to false in-
terpretations as to the appropriate actions or interventions of hierarchy
in the internal actions of a religious institute. In the 1980 draft and the
promulgated text, the phrase about the spirit of the founders was enlarged
to "and wholesome traditions" to indicate the value of authentic historical
development. Finally, the phrase about the Church authority "on its part"
was added to preclude an overly hierarchical interpretation, according
to the coetus. This canon needs to be seen in concert with CC 578, 586,
and 587.
C
579 deals with who is the competent authority to erect new in-
stitutes; C 605 deals with approving new forms of consecrated life. The
first level of Church authority in this matter is the institute itself, which

interprets and specifies the living out of the counsels in its proper law.
The second level is that of the competent ecclesiastical superior, de-
pending on whether the institute is pontifical or diocesan. The highest
ecclesiastical superior is the Roman pontiff. Beyond the issue of ec-
36 / ELLEN O'HARA, C.S.J.

clesiastical superiors, there is the mutual responsibility of religious and

local ordinaries, discussed at great length in the document MR, 1978.
C 577
In the Church there are very many
institutes of consecrated life which have
different gifts according to the gracewhich has been given them: they follow
Christ more closely as He prays, announces the Kingdom of God, performs good
works for people, shares His life with them in the world, and yet always does
the will of the Father.

In contrast to the preceding canon, which is wholly juridic, this canon

is theological. In its wording, it gives both acknowledgement and
legitimacy to the diversity of institutes of consecrated life. The reference
to the multiplicity of institutes and their different gifts is a corrective
to any attempt at an univocal concept of institutes of consecrated life.
The canon is a corrective statement to the kind of "flattening out" which
was feared in terms of regarding the diversity of charism and service
which religious institutes offer to the Church. Likewise, the Sequela
Christi, or "following of Christ" is pointed out as that which unifies in-
stitutes of consecrated life, despite their diversity.

C 578
The intention of the founders and their determination concerning the nature,
purpose, spirit and character of the institute which have been ratified by com-
petent ecclesiastical authority as well as its wholesome traditions, all of which
constitute the patrimony of the institute itself, are to be observed faithfully by all.

The source of this canon is PC 2b. The wording of the 1977 draft was
strengthened from "plans sanctioned by Church authority" to "approval
by competent Church authority" and the phrase about constituting the
patrimony of the institute wasn't there. The coetus rejected a suggested
reference to the needs of the times because they felt that was included
in the reference to traditions and because they didn't wish to encourage
"too much continuing aggiornamento ." This canon is important for
several reasons: it requires that the institutes know their legitimate history,
both of founders and graced development since then, and that legitimate
historical changes be distinguished from historical accretions. 5
In an emphasis on returning to discover the original charism of the
founder, some institutes have discovered that there was no particularly
original charism, but rather a response to the particular needs of a local
community at the time of founding. An example of this might be a group
of religious who were founded in a particular area of the United States
to meet the needs of the immigrants in that area. Consequently, research
 Norms Common to Institutes of Consecrated Life / 37

into the intentions of the founders and their plans must include putting
these within the proper context of ecclesiastical, historical, and cultural
needs. The intention may remain the same, while the carrying out may
entail involvement in different ministries or a different form of the
apostolate at the present time.
The reality of the problems determine the founder's in-
in trying to
tention may be one of the reasons why the Code,following the documents
of Vatican II, does not use the word "charism" with reference to the
founding of an institute. Further, the Latin text speaks of "wholesome
or authentic traditions" in the plural. In the Catholic Church, the con-
cept of tradition has a time-honored place and involves the handing on
not only of the content of the faith, but also time-proven ways for living
out that faith. Within a religious congregation, the same could be said
in terms of a searching out its authentic or wholesome traditions. The
best judge of these would be the congregation itself, for the effect of such
traditions is best seen in how they bear fruit within the community. At
times, tradition can have value for the continuity it expresses with the
past, and its continued relevance in the present; at other times, the
original value and purpose of the tradition has been lost and the con-
tinued legalistic observance of such, merely for the sake of tradition, is
counterproductive to the life of the community. The distinction into
"wholesome traditions" rather than simply using the generic term "tradi-
tions" should be both a caution and a reminder to institutes in their con-
tinued living out of the responsibility of consecrated life within a par-
ticular institute, but for the purposes mentioned in C 573, i.e., the honor-
ing of God, the upbuilding of the Church, and the salvation of the world.

C 579
Diocesan bishops each in his own territory can erect institutes of consecrated
life by a formal decree, provided that the Apostolic See has been consulted.

This canon is almost identical to CIC 492; the addition is that the erec-
tion of such institutes must be by a formal decree as has been a required
practice since 1922, by decree of the Sacred Congregation for Religious. 6
The canon also requires consultation with the Apostolic See prior to the
decree of erection. This consultation is required for validity, since the

Latin dummodo is used and the coetus also indicated that was the intent
of the canon.For missionary dioceses, the contact with the Apostolic See
isthrough the Sacred Congregation for the Evangelization of Peoples;
for other dioceses, the contact is with the Sacred Congregation for
7
Religious and Secular Institutes.
38 / ELLEN O'HARA, C.S.J.

In the older law only the Holy See could establish religious orders;
diocesan bishops could only establish congregations (simple vows) or
secular institutes. It remains to be seen whether the use of the term "in-
stitutes" in this canon will change this practice.
The document, MR 51, speaks of some cautions to be exercised by
bishops in attempting to form or to recognize new institutes of conse-
crated life. In the United States the particular question has arisen as to
the possibility of persons who are currently religious maintaining their
public vows while joining a "pious union" (an association of the faithful)
which intends to become a religious institute. The usual practice is to
require the religious to seek an indult of departure and then profess new
vows should the new group be recognized as a religious institute; however,
exceptions to this rule have occurred within the past few years. Prior
to erecting such new institutes, the concerns of stability of the group,
financial stability, and the and keep new members,
ability to attract
would be important. Likewise, there is need to evidence that the group
has indeed a gift given by the Spirit for the benefit of the Church
(charism) and is not a ready "labor supply" to meet a particular need
in a diocese. The possibility of a group's joining an already established
institute should also be investigated.

C 580
The aggregation of one institute of consecrated life to another is reserved to
the competent authority of the aggregating institute, always safeguarding the
canonical autonomy of the aggregated institute.

There is no particular source for this canon. The coetus, in its discus-
sion, decided not to define the term. The term "aggregation" in their
discussion relates to either connection between a religious congregation
or order and a secular example, for apostolic purposes, or
institute, for
to third-order relationships to a first or second order. The coetus voted
(6-5) to stress both the authority of the aggregating institute and the con-
tinued autonomy of the aggregated group. This is a distinct phenomenon
from mergers, federations, etc., discussed below in C 582. The proper
law of the aggregating institute would specify who the competent au-
thority within the institute would be; if the proper law is silent, deter-
minations would have to be made in the individual case about who the
competent authority is.

C 581

Dividing an institute into parts, whatever the parts are called, erecting new
ones, joining previously erected parts or defining them in another way pertains
 Norms Common to Institutes of Consecrated Life / 39

to the competent authority of the institute, in accord with the norm of the
constitutions.

This canon is C 494, §1 in the Code, but the authority

the equivalent of
has changed. This canon one of the places where the promulgated text
is

changed the 1980 draft by restoring the requirement that the competent
authority be stated in the constitutions. A recent phenomenon, which
is only indirectly related to this canon, is the formation of subgroups

within the institute according to views on renewal, religious lifestyle or

a similar basis. Some institutes are allowing this informally (e.g., by
designating certain convents or geographical areas) others are allowing ;

the subgroup to draw up names, agreements, etc. For one such exam-
ple, cf. CLD, vol. 8, pp. 304-09.

C 582
Mergers and unions of institutes of consecrated life are reserved to the Apostolic
See alone; confederations and federations are also reserved to it.

This canon is a specific juridic one. The source material for this canon
can be found in PC 21-22 and ES II, 39-41. Separate phenomena are
discussed within the one canon: Mergers, unions, federations, and con-
federations. In a "merger," one of the groups maintains its canonical iden-
tity while absorbing the other. At times the group which is being ab-
sorbed is totally absorbed into the other group; at other times, the group
which is being absorbed maintains some sort of identity in the form of
becoming a province or at least some identifiable structure within the
other group. In the case of a "union," all of the groups involved relinquish
their previous legal or canonical identities and form a new public juridic
person. All of the groups involved in the union enter the formation of
the new institute as equals. Until recently mergers were more common
and usually involved the absorption of a smaller group into the canonical
structure of a larger group. Documents used as a source for this canon
emphasize that the scarcity of members and lack of reasonable hope of
further development are reasons to consider a merger. In both documents,
the similarity of goals, spirit, law, and customs is to be considered in
a proposed merger of institutes. The requirement of ES should be carefully
noted, particularly with regard to adequate and careful preparation and
the freedom of choice of each member.
Two recent examples of approved mergers involving the absorption
of one group into another are mentioned in CLD 8
. The Digest also in-
9
cludes examples of approved unions. It should be noted that in the case
of a merger and in the case of a union, the members of the institutes
40 / ELLEN O'HARA, C.S.J.

retain their identity as religious. In the case of a union, there is a

simultaneous extinction of the former canonical identities of the religious
institutes and the erection of a new public juridic person of the new
institute.
This canon also speaks of federations and confederations. In the
United States the term "federation" is used in several ways. At times,
it refers to separate religious institutes who come from the same historical

roots and founding charism. The uniting factors among these autono-
mous institutes are history and charism. Often, the federation participates
in joint meetings or projects, but federation officers have no authority
over member institutes, who are free to withdraw from the federation
at any time. A
second type of federation exists when the term is used
as it is for the groupings of Benedictine communities of men and women
in the United States. In these cases the communities maintain a great
degree of autonomy, but at the same time have a juridic relationship
with the federation and some common proper law. The term "confedera-
tion" refers to the joint meeting of two or more federations. At the level
of confederation, the relationships are usually non-legal. The wording
of the canon indicates that any merger or union of religious institutes
or the establishment of federations or confederations is reserved to the
Holy See. Whether the reservation to the Holy See would apply to the
merging or uniting of federations would depend upon how the term
"federation" applied to the legal personality of the institutes involved.

C 583

Changes in institutes of consecrated life which affect matters which have been
approved by the Apostolic See cannot be made without its permission.

This canon is also a strictiy juridic canon. There is no particular docu-

ment that forms the source material for this canon, but the canon is con-
sistent with the general principle and tradition of law that the one who
has the authority to effect something legally is also the source of the
making changes. In the earlier drafts of this canon, men-
authority for
tionwas made only of needing the beneplacitum of the Holy See; the
promulgated text requires the permission of the Apostolic See. The term
beneplacitum refers to the goodwill or pleasure of the one in authority,
indicating that only the acquiescence of that authority (either stated or
tacit) is necessary. The switch to the word "permission" indicates a
stronger, more and more
definite, juridic involvement is necessary for
the changes. One example of current importance as institutes revise their
proper law is that Book
usually referred to as the fundamental code
I,

or constitutions, requires approval of the competent ecclesiastical au-

 Norms Common to Institutes of Consecrated Life / 41

thority. For pontifical-right institutes, this means approval by the

Apostolic See; therefore, future changes in this book would also require
such approval.

C 584

§1. Suppressing an institute pertains to the Apostolic See alone, to whom also
it is reserved to determine what is to be done with the temporal goods of the
institute.

This canon is listed as 1, but there is no 2 in the edition currently available.

There is a similar canon, CIC 493, in the 1917 Code, but the old canon
had an additional phrase about wills and intentions of donors being
safeguarded. There are two important juridic matters to be noted here.
The first is that this canon is an exception to the general principle that
the authority which creates can also extinguish: a diocesan bishop can
erect a diocesan institute, but he cannot suppress it. Second, the canon
will need to be interpreted in the light of C 123, which states that when
a public juridic person is extinguished, the destination of its goods is ruled
by law and by its statutes, always observing the will of founders and
donors and acquired rights. Only when these statutes are silent does the
determination about the goods fall to the immediately superior juridic
person. For a pontifical right institute, this would be the Holy See, but
for a diocesan institute, the immediately superior juridic person is the
diocesan bishop. Therefore, this canon is an exception in the law itself
to the statement of C 123.

C 585

Suppressing parts of an institute pertains to the competent authority of the

institute itself.

The source is CIC 494 of the 1917 Code. In the earlier Code, the Apostolic
See was needed to suppress parts of an institute of pontifical right: this
right for all institutes will now reside with the competent authority of
the institute. Who the competent authority is to be will have to be decided
in the proper law of that institute (although it need not appear in the
constitutions, since this is not specified in the canon). The competent

authority of the institute could be a chapter or, depending on the size

of the part and the consequent effects on the members, the supreme
moderator, with consent of the council. Such an action is clearly an act
of extraordinary administration and should follow the laws for this. When
the suppressed part had juridic personality (e.g., the suppressed part was
a province, which was a separate moral or juridic person), laws for the
extinction of juridic persons have to be followed. The laws for extinc-
42 / ELLEN O'HARA, C.S.J.

tion of juridic persons are found in CC 120 and 123. In addition, if these
parts enjoyed a civil legal identity (i.e., were incorporated), the ap-
propriate civil actions need to be taken.

C 586

§1. For individual institutes thereis acknowledged a rightful autonomy of life,

especially of governance, by which they enjoy their own discipline in the Church
and have the power to preserve their own patrimony intact as mentioned in
can. 578.

§2. It belongs to local ordinaries to safeguard and protect this autonomy.

There is no specific source from which the text of this canon was taken.
The just autonomy of the institute is the necessary corrective to unwar-
ranted hierarchial influence. The level at which real collaboration, com-
munication, and cooperation should take place cannot be mandated in
law: these living relationships are far more complex and need greater
attention than a legal minimum. It is interesting to note that the 1977
draft gave this responsibility to the Apostolic See and bishops and used
the verbs "to sanction and safeguard." The 1980 draft gave the respon-
sibility to bishops and chose the verbs "to protect and foster"; the new
law uses the verbs "to safeguard and protect." The changes suggest some
lack of clarity about the exact role, but greater clarity may need to evolve
rather than be defined!

C 587

§1. In order to protect more faithfully the particular vocation and identity
of each institute, fundamental code or constitutions must contain, besides what
its

must be observed according to can. 578, fundamental norms about the gover-
nance of the institute and the discipline of members, the incorporation and for-
mation of members, and the proper object of sacred bonds.

§2. A code of this kind is approved by the competent authority of the Church
and can be changed only with its consent.
§3. In this code spiritual and juridical elements are to be suitably joined
together; however norms are not to be multiplied unless it is necessary.
§4. Other norms established by the competent authority of the institute are
tobe suitably collected in other codes, which can moreover be fittingly reviewed
and adapted according to the needs of places and times.

The sources for this canon are PC 2 and ES II, 12-14. This is the canon
about the revision of the proper law of an institute. The proper law in-
cludes this book or constitutions, the second and any other books
first

(e.g., policy or procedure books), acts and decrees of chapters within

 Norms Common to Institutes of Consecrated Life / 43

the limits of their authority, and legitimate precepts of superiors. Some

confusion exists as to the status of these revised books before final approval
of the competent authority: they have the interim authority of proper
law once passed by legitimate authority of the institute. Section 1 speaks
10
of the content of the first book.
In the 1983 Code the section on religious life makes references to
various items which must appear in the ius proprium of the institute.
This would be the institute's own law, or proper law. At times, the Code
is more specificand requires that a particular item appear in the con-
stitutions. This is usually what is referred to as Book I, as mentioned
above. In development of new documents, institutes should keep in mind
these distinctions and be aware that those things which are required to
be in the constitutions must appear in the Book I of their proper law.
Items which are to appear or be specified in the institute's own law may
appear in the constitution, Book II, or in other policy or procedural books
which the institute has developed. Specifically, those matters which the
Code requires to appear in the constitutions are the following: the com-
petent authority to erect or divide parts of the institute (C 581), specific
topics which must be covered in the constitutions (C 587), the bishop
to approve and grant dispensation from the constitutions for diocesan
communities (C 595), the definition of the powers of superiors in chapters
(C 596) the specific mode of living out the evangelical counsel within
,

the institute (C 598), the specific mode, in particular, of living out the
vow of obedience (C 601), the authority competent to erect houses of
the institute (C 609), the autonomous nature of houses of canons regular
and monks (C 613), the governance of nuns whose institute is connected
to an institute of men (C 614), the power of a superior in an autonomous
monastery (C 615), the authority competent to suppress houses of an in-
stitute (C 616). In addition, the Code specifies that these items also be
specified in the constitutions: the requirements for major superiors
(C 623), the exception to the term of office for the supreme moderator and
local superiors (C 624) the mode of election of the supreme moderator
,

in the institute and the confirmation of other superiors (C 625), provi-

sion for councils to assist the superiors (C 627), the authority of the general
chapter (C 631), the limitation of rights with regard to temporal goods
if there are any (CC 634 and 668), the allowance for periods of apostolic

activity during the novitiate (C 648), the specification of how the follow-
ing of Christ is to be lived in the institute (C 662), definition of how
cloister is to be observed for nuns whose life is not wholly ordered to the
contemplative (C 667), and the definition of which necessities the in-
stitute must provide for its members (C 670).
44 / ELLEN O'HARA, C.S.J.

Section 2 refers to the competent authority to approve codes. Only

Book I technically needs approval by the higher ecclesiastical superior,
but both or the necessary books are usually submitted this first time
all

examination for completeness. For diocesan congregations,

to allow for
the competent authority, according to C 595, is the bishop of the diocese
in which the principal seat of the institute is located. If the institute has
spread to several dioceses, the bishop is to consult with the other diocesan
bishops before approval. This consultation does not require their consent.
For is more involved. After
institutes of pontifical right, the process
a process which has involved all of the members of the institute, the
documents should be ratified by the general chapter of the institute.
Several copies of the document are then sent to SCRIS. The institute then
enters a period of dialogue with SCRIS, during which a group of con-
suitors (known as a congresso) studies the documents and makes sugges-
tions for clarifications or changes. In most institutes, this process involves

a period of dialogue during which the documents may be returned to

the institute one or several times for the recommended changes and clari-
fications. While the process is the same in general, variations in emphases
occur among institutes. Areas in which clarifications or changes are usu-
ally requested include the definition of the content of the vows, specifica-
tion about spiritual practices such as prayer and other devotion, as well
as reception of the sacraments, and the exercise of authority, particu-
larly the personal authority of the superiors at every level within the in-

stitute.(The Leadership Conference of Women Religious in the United

States has begun to publish an information bulletin on the experience
of the process of approbation by several of its member institutes.)

C 588

§1. The state of consecrated life by its very nature is neither clerical nor lay.

§2. An is said to be clerical if, by reason of the purpose or design

institute
intended by founder or in virtue of legitimate tradition, it is under the super-
its

vision of clerics, it assumes the exercise of sacred orders, and it is recognized as

such by church authority.

§3. An institute is called lay if recognized as such by church authority, by

virtue of its nature, character and purpose it has a proper function defined by

the founder or by legitimate tradition which does not include the exercise of sacred
orders.

This canon is both theological and juridical. The source of §1, a

theological statement about consecrated life, in LG 43. There are no

direct sources for the other two paragraphs. An earlier draft of §1 spoke
 Norms Common to Institutes of Consecrated Life / 45

of institutes of consecrated life as being neither clerical nor lay, but the
committee writing the law felt it was more accurate to speak of the state
of consecratedlife, rather than institutes, and so revised the paragraph.

The statement is a logical consequence of the teaching of LG that religious

life, while belonging to the holiness of the Church, is not part of its essen-
tial structure. The state of consecrated life in itself involves a further
specification of the baptismal commitment and response to the call of
the Lord. Hence, there can be lay religious and clerical religious, depen-
ding upon whether the individual religious has received the sacrament
of orders or not. At the same time, a specific institute may be clerical
or lay by virtue of its founding and tradition. The definition of clerical
and lay institutes is the basis for the rest of this canon.
In §2, the phrase "under the regulation of clerics" was added to the
1980 draft and to the promulgated version. Two different issues emerge
here. One is the request by several previously clerical institutes to allow
non-clerics (e.g., brothers) to assume offices of authority in the institute,
even as major superiors. This idea has surfaced among Jesuits, Fran-
ciscans, and Passionists, for example, but has not met with general agree-
ment Rome. In 1967, the general chapter of the Order of Friars Minor
in
voted to regardall members "as friars" so that any distinction in eligibility

for office among members would be eliminated. This was submitted to

SCRIS for final approval, and on November 27, 1969, SCRIS issued
Clericalia instituta. In this decree the decision is that in clerical insti-
tutes of consecrated life, the nonclerical members may hold admin-
istrative offices, the function of councilor at any level, but specifically
not the office of "superior or of vicar, general, provincial, or local." 11
Several years later, the Order of Friars Minor Capuchin requested an
exception to this decree, in order to allow a nonclerical member to serve
as vicar of a local superior. This was granted by the Sacred Congrega-
tion on November 12, 1974. 12 Later, SCRIS also granted an indult allow-
ing a nonclerical brother to be a local superior in a clerical community.
Despite such exceptions, it appears the intent of the law is that the same
basic position is held, namely, that nonclerical members may not in fact
be superiors in clerical institutes, except by way of limited exception.
Within this canon, it is also interesting to note the difference in prior-
Church recognition between
ity of clerical institutes and lay institutes.
While Church recognition appears as the last criterion of a clerical in-
stitute, it is listed as the first criterion for a lay institute. This is at least
partially attributable to the surge in the founding of new institutes, a
practice which the Apostolic See has tried to discourage outside of mis-
sion areas.
46 / ELLEN O'HARA, C.S.J.

C 589

An institute of consecrated life is said to be of pontifical right if it has been

erected by the Apostolic See or approved by a formal decree of the Apostolic
See; on the other hand an institute is said to be of diocesan right if, after having
been erected by a diocesan bishop, it has not obtained a decree of approval from
the Apostolic See.

The source of this canon is CIC 488, §3 of the older Code. The distinc-
tion between diocesan and pontifical institutes was introduced by Pope
Leo XIII in the Constitution Conditae a Christo, issued in 1900. Although
the law does not specifically stipulate this, there was an original inten-
tion that all diocesan institutes would eventually become pontifical if

they continued to grow. This has not been the case and some congrega-
tions have chosen to remain diocesan. There have also been instances
where a province in the United States has separated from the original
institute and become a separate institute of consecrated life of pontifical
right immediately.

C 590

§1. Institutes of consecrated life, inasmuch as they are dedicated in a special

way to the service of God and of the entire Church, are subject to the supreme
authority of this same Church in a special manner.
§2. Individual members are also bound to obey the Supreme Pontiff as their
highest superior by reason of the sacred bond of obedience.

There is no particular text as source for §1; §2 is taken from CIC 499,
§1 The supreme authority of the Church by definition in-
of the old Code.
cludes the Roman Pontiff and the college of bishops (cf., CC 330, 331,
and 336). The only distinctions in §2 from the equivalent Code canons
are the switch from Roman to Supreme Pontiff and the substitution of
"sacred bond" for "vow" to encompass those in institutes of consecrated
lifewho do not profess vows. In times of societal and ecclesial stress, a
canon such as this can easily lead to misunderstanding or abuse. §1 par-
ticularizes the way in which institutes are subject as a result of their
recognized juridic state in the Church. §2 speaks of individuals, but the
context is that of the bondvow of obedience. The content of the vows
differs within different institutes, as does the interpretation of the will
of the superior; for example, whether or not one can disagree with a
superior's decision and whether or not interior conformity of the will is
part of the vow.
What can be commanded by a superior under the vow of obedience
has legal parameters both in canon law and in civil law. In canon law
 Norms Common to Institutes of Consecrated Life / 47

the legal parameters are those which are stated in the proper law of the
which appear in canon law, and beyond that,
institute, as well as those
anything which would involve sinfulness. In the United States, as well
as in some other countries, the question of conscientious objection
sometimes arises. This discussion has both theological and cultural fac-
tors involved. The theological question is complex, involving the basic
duty of the individual to follow his or her own conscience, while at the
same time trying to ensure that that conscience is well-informed and that
the decision has been made on a sound basis.
Within some traditions, the possibility of objecting to the command
of a superior is allowed for it in his early rule, while
possible. Francis
Ignatius specifically required interior conformity of the will as well as
external conformity. Thus, in addition to the complexity of moral issues
involved in the possibility of objecting to the command of a superior,
the question of the tradition of the institute and its spirituality is also
a factor.
The issue in itself is too difficult and complex to address in the limited
space here, but the issue does need to be faced. For those in the United
States and other countries with an Anglo-Saxon heritage of law, the right
to dissent and to have that dissent protected by law is often coupled with
an assumed right to conscientious objection in terms of practice. Such
is not the case in the tradition of law within the Church. In an address

given in 1977, Pope Paul VI, in speaking of the goals of canon law, said,
"wherefore, conscientious objection, which would do away with ecclesial
obedience, is out of place." 13
The other question, also needing discussion, is that of members of
institutes of consecrated life who, as citizens of a particular nation, choose
to be civilly disobedient in order to maintain obedience to a higher moral
principle. In dealing with these issues, institutes of consecrated life need
to be particularly sensitive to evolving a common agreement among their
members, the effect of acts of civil disobedience on the corporate witness
of the institute in a particular area, and the implications of such a deci-
sion for the communal understanding of the living out of the evangelical
counsels. At times, it may be necessary to suggest to a particular person
that his or her actions are not consonant with the communal position,
while at other times and in other same actions may be very
institutes, the
much a part of the institute's corporate commitment. The question of
the interpretation and application of this canon is part of larger unre-
solved issues, one of which is that of the bases and exercise of authority
within a changed ecclesiology. It is important to remember that this is
not solely an issue of religious law.
48 / ELLEN O'HARA, C.S.J.

C 591

In order to provide better for the good of institutes and the needs of the
apostolate, the Supreme Pontiff, by reason of his primacy over the universal
Church and considering the common good, can exempt institutes of consecrated
from the governance of local ordinaries and subject them either to himself
life

alone or to another ecclesiastical authority.

This canon states again the principle of exemption and its source is CIC
448, §2 of the old Code. Some changes should be noted. First, reasons
are given for exemption, the same reasons mentioned in CD 35, although
primary emphasis there is given to the reason of the internal organiza-
Code and both previous drafts of
tion of the institute. Second, the old
thiscanon used the word "jurisdiction." The new law replaced the word
with "governance." This is more legally correct since all religious, in-
cluding the exempt remain under the diocesan bishop's jurisdiction in
many important areas: liturgy, apostolate, establishment of a house, care
of souls, fund-raising (as distinct from the privilege of begging), etc.

An understanding of the history of exemption is important to its con-

text. Basically, the notion of exemption had to do with removing certain
orders and congregations from the jurisdiction of the local bishop in order
to enable them to carry out their mission more effectively. In the
documents of Vatican II and subsequent documents, this emphasis on
the pastoral value of exemption has been reconfirmed, although some
of the specific aspects of mission have come under the jurisdiction of the
local bishop again, as was mentioned above. Traditionally, exemption
has meant that the institute involved was subject directly to the Roman
Pontiff. Other possibilities exist but are not common.

C 592

§1. In order that the communion of institutes with the Apostolic See be better
fostered each supreme moderator send a brief report on the status and life
is to
of the institute to the Apostolic See in a manner and at a time determined by
the latter.

§2. The moderators of every institute are to promote knowledge of the

documents of the Holy See which affect members entrusted to them and be con-
cerned about their observance of them.

Both paragraphs of this canon restate juridic obligations which appeared

in the previous Code. §1 of this canon is from the previous Code's CIC
510, §2, from the previous Code's CIC 509. Specifications will need to
be made about the time and method of reporting by the Apostolic See.
In reviewing the reports of the committee which wrote this section on
 Norms Common to Institutes of Consecrated Life / 49

religious law, two disagreements appear: whether or not this applies to

diocesan institutes also and, in reference to §2, whether or not this ap-
plies to communications sent to superiors about particular situations
within the community. In the latter case the committee agreed to sug-
gest that the accompanying letter to the superior in question specify in
a particular case as to whom the contents should be made known. §2
was expanded from the draft versions to include the phrase "and see to
their observance" thereby extending to superiors' or moderators' respon-
sibilities. In bringing attention to various documents from the Holy See,
care will need to be taken that respect for the document not be confused
with its juridic value. Documents of unequal juridic value will need to
14
be perceived as such.

C 593

With due regard for the prescription of can. 586, institutes of pontifical right
are immediately and exclusively subject to the power of the Apostolic See in in-
ternal governance and discipline.

The basic source (with some changes) of this canon is CIC 499, §1 of the
1917 Code. The canon has been substantially revised in each draft (1977
and 1980) and promulgated version. Section 4 of the earlier drafts
in its

appears now as CThe minutes of the coetus indicate that they

679.
dropped some of the material with the intent of adding a new paragraph,
which does not appear. The Canon Law Society of America had sug-
gested changing power (potestas) to authority, but the word was kept.
The content of "discipline" will probably give rise to a variety of inter-
pretations and practices which will need to be resolved in individual cases.
This canon does not change the fact that members and institutes of pon-
15
tifical right remain subject to diocesan bishops in various areas.

C 594

With due regard for can. 586, an institute of diocesan right remains under
the special care of the diocesan bishop.

The source material for this canon is to be found in the previous Code's
CIC 492, §2 and 493. The special care of the diocesan bishop to which
the canon refers means that institutes of diocesan right, besides
acknowledging the diocesan bishop as the competent ecclesiastical
authority, also have other obligations to him, such as the annual finan-
cial report mentioned in C 1287. In addition, the diocesan bishop has
a more special responsibility for the administration of temporal goods
in general with respect to diocesan institutes (C 1276) and a closer con-
cern for the spiritual and physical well-being of such members. Again,
50 / ELLEN O'HARA, C.S.J.

the working out of such a relationship can never completely be defined

by law: elements of trust, respect for the autonomy of the institute, as
well as for the diocesan bishop, and communication are essential. Like-
wise, the Code provides that this bishop preside at the election of the
supreme moderator of institutes of diocesan right, 16 extend indults of
18
exclaustration, 17 and impose exclaustration if necessary.

C 595

§1. It belongs to the bishop of the principal seat of the institute to approve
the constitutions and confirm any changes legitimately introduced into them,
except in those matters in which the Apostolic See has intervened; it also belongs
to him to deal with business of greater importance which affects the whole in-
stitute and which are beyond the power of its internal authority; he does so after
consulting other diocesan bishops if the institute has spread to several dioceses.

§2. The diocesan bishop can grant dispensations from the constitutions in par-
ticular cases.

This canon is strictly juridic and applies only to institutes of diocesan

right. The source for §1 is CIC 495, §2 of the previous Code, with one
notable change: the bishop of the diocese of the principal seat needs only
to consult the other bishops,if there are any; he does not need to obtain

their agreement or approval. §2 is an example of the canonical prin-

ciple that one who has the authority to approve law may dispense from
it. The wording of §2 would allow for any of the diocesan bishops in

whose diocese members of the institute are to grant dispensations in par-

ticular cases.

C 596

§1. Superiors and chapters of institutes enjoy that power over members which
is defined in universal law and the constitutions.

§2. Moreover, in clerical religious institutes of pontifical right they also possess
ecclesiastical power of governance for both the external and the internal forum.

§3. The prescriptions of cann. 131, 133 and 137-144 are applicable to the
power referred to in §1.

The source of §1 and §2 is CIC 501, §1 of the 1917 Code. These para-
graphs have remained the same throughout the revision drafts; §3 has
been added since the 1980 draft. Here again, the Canon Law Society
of America had recommended a change in the wording of "enjoy that
power" (gaudent ea potestate) This power or authority effects what may
.

be a matter of precept under the vow of obedience: it should more ac-

curately state "universal or proper law," since the assumption of member-
ship in an institute binds the member to acceptance of the law of the
 .

Norms Common to Institutes of Consecrated Life / 51

institute, not just the constitutions. § 1 is applicable to all levels of superiors

and chapters within the institute: general, provincial or equivalent, local.
§2, while having its source in the 1917 Code, changed that canon.
The previous canon limited this power to exempt clerical institutes; the
new law grants the power to clerical institutes of pontifical right. Fur-
ther, the older canon spoke of ecclesiastical jurisdiction; this canon speaks
of the ecclesiastical power of governance (potestas regiminis). This is con-
sistent with the thinking expressed earlier that one cannot properly speak
of jurisdiction of superiors in secular institutes whose members remain
incardinated in their dioceses. 19
Nevertheless, the new terminology may
give rise to some problems of its own. A forum refers more
in canon law
to where an action takes place than to a physical place. The external
forum refers to actions known or provable in public and having definite
juridical effects. The internal forum refers to actions of conscience: it
is private and has no specific juridic effects unless specifically provided

for (e.g., by the Sacred Penitentiary). Internal forum actions may or may
not involve the sacrament of Penance as their context. One of the prin-
ciples of revision adopted by the 1967 Synod of Bishops was to reduce
the conflicts between actions in the two fora. It is more technically cor-
rect and easier to speak of jurisdiction for the internal forum than to speak
of governance in the internal forum. Does this mean that precepts may
be given for matters of conscience or matters discussed within the sacra-
ment of Penance? This was probably not the intent of the canon, but
it may give rise to some difficulties before the authentic interpretation
is ever made known.
§3 refers the reader back to the section in Book I
on the power of governance (CC 129-144). The canons mentioned have
to do with the definition and scope of ordinary and delegated power of
governance (subdivided in C 135 into legislative, executive, and judicial)

C 597

§1. Any Catholic, endowed with a right intention, who has the qualities re-
quired by universal and proper law and who is not prevented by any impedi-
ment can be admitted to an institute of consecrated life.

§2. No one can be admitted without suitable preparation.

The source of this canon is CIC 538 of the previous Code. In the revision
of the 1977 draft, the coetus intentionally put reference to right inten-
tion and lack of impediments back into the text. "Right intention" is of
particular significance today when there has been a noticeable increase
in several types of applicants: young people with little or no formal train-
ing in Catholicism and rather rigid ideas of what religious life "should"
52 / ELLEN O'HARA, C.S.J.

be to meet their needs, recent converts or those who have had a recent
conversion experience, divorced persons seeking to escape the trauma of
failed relationships, and members of other institutes of consecrated life
who something occurring in their own in-
desire transfer in reaction to
stitutes. The impediments of universal law are listed in CC 641-645: these

are impediments to admission to the novitiate because the new law does
not treat the period prior to novitiate, which is the beginning of religious
life. C 643, §2 states that the proper law of an institute may establish
further impediments. Later canons in the sections on novitiate and train-
ing of religious deal more specifically with the meaning of "suitable
preparation."

C 598

§1. Each institute, keeping in mind its own character and purposes is to define
in its constitutions themanner in which the evangelical counsels of chastity, pov-
erty and obedience are to be observed for its way of living.
members must not only observe the evangelical counsels faithfully and
§2. All
but also organize their life according to the proper law of the institute
fully,
and thereby strive for the perfection of their state.

There is no particular text as a source for §1; §2 is based on CIC 593

of the previous Code. Two things should be noted here: the coetus made
a deliberate decision to name the counsels as chastity, poverty, and obe-
dience. Secondly, the canon stipulates that each institute define in its

first book, usually called constitutions, the manner of living out the
counsels which is consonant with the institute's goal and character. This
requires both research and study on the part of the institute and a greater
awareness on the part of the institutional Church and some writers that
the living out of the counsels among members of institutes of consecrated
life is not intended to be uniform. In a private reply published in CLD,
vol 7, p. 478ff., some suggestions are offered by SCRIS for expressing
the content of the vows. It should be noted that expressing the content
of the vows and the appropriate manner of living out the counsels has
been one of the areas of continued discussion between institutes of pon-
tifical right and SCRIS in the process of trying to obtain approval of

proper law. In the reply mentioned previously, SCRIS leans heavily

on the exhortation ET for its emphasis on the content of the vows. While
stressing that a clear definition of each vow is necessary, these sugges-
tions include the use of chastity or consecrated celibacy, not virginity;
specifying the content of each vow as including positive action or positive
emphasis; and the communal element in the living out of the vows.
Specifically, with respect to the content of the vow of poverty, the
 Norms Common to Institutes of Consecrated Life / 53

simplicity of life-style, actual sharing and dependence upon the congrega-

tion, and accountability are to be included. With respect to obedience,
the necessity for consultation and cooperation should be mentioned, as
well as the obligation and right of the superior to exercise personal
authority when necessary. §2 is an important corrective to some members
of institutes who deny or denigrate the value of the proper law of their
institute in favor of their own interpretation of how consecrated life

should be lived.

C 599

The evangelical counsel of chastity assumed for the sake of the kingdom of
heaven, as a sign of the future world and a source of more abundant fruitfulness
in an undivided heart, entails the obligation of perfect continence in celibacy.

The source of this canon is PC 12. The style of this and the following
two canons seems to be a theological statement about the counsel followed
by some of the juridic content of the same counsel. The theological or
first part is akin to what used to be known as the virtue, while the latter
half is akin to the vow in the older commentaries and instructions which
distinguished between the vow and virtue of each of the counsels. Of
note juridically is the choice of the name chastity (although some have
suggested or requested other options) and the "perfect continence in
celibacy" as a requirement.

C 600

The evangelical counsel of poverty in imitation of Christ who, although He

was rich became poor for us, entails, besides a life which is poor in fact and
moderation and foreign to earthly riches, a
in spirit, a life of labor lived in
dependence and a limitation in the use and disposition of goods according to
the norm of the proper law of each institute.

The source of this canon is PC 13. Earlier draft of this canon referred
to the sequela Christi, but this has been changed to the "imitation of
Christ." The juridic emphasis is on poverty of life-style and limitation
with respect to temporal goods. The theology of poverty as "availability"
is not apparent here, but that may be because of its limited evolution

within only some of the more developed countries of the Western rite.
Most of the specifications are left to proper law. Some of these may ap-
pear in the two books being developed as constitutions and Book II, but
other matters could easily be left to policy manuals, e.g., use of
budgets, personal allowances, travel, criteria for study, gifts, etc.
CC 634-40 are more specifically directed to religious, C 718 to secular
institutes, and C 741 for societies of apostolic life.
54 / ELLEN O'HARA, C.S.J.

C 601

The evangelical counsel of obedience, undertaken in a spirit of faith and love

in the following of Christ who was obedient even unto death requires a submis-
sion of the will to legitimate superiors, who stand in the place of God when they
command according to the proper constitutions.
The source is PC 14. In this canon, as opposed to the previous canon,
the earlier wording of "example of Christ" was changed to the sequela
Christi. Earlier drafts spoke of dedication of the will, but the promulgated
text chose "submission of the will." PC used the term "dedication"; "sub-
mission" is used in ET 27. The expression "taking the place of God" ap-
peared in PC, but not in ET. There were several suggestions to remove
this phrase, but its continued inclusion and the other wording changes
in the canon are consistent with a very strong emphasis on authority pres-
ent in the whole new Code. The draft wording was also changed to read
according to particular constitutions because the coetus felt that profes-
sion is made according to the constitutions. There is obviously some
unclarity about this term.

C 602

The life of brothers or sisters proper to each institute, by which all members
are united together like a special family in Christ, is to be determined in such
a way becomes a mutual support for all in fulfilling the vocation of each
that it

member. Moreover by their communion as brothers or sisters, rooted in and built

on love, the members are to be an example of universal reconciliation in Christ.

The basis for this canon is found in PC 15. This canon calls attention
to the positive witness value of the corporate aspects of consecrated life.

The canon, which in its way

both an exhortation and an expression
is

of a value, specifies that the communal life of an institute is to be lived

with regard to the law and traditions of that institute, as well as its
charism, and is bonding among the members that
to include a special
goes beyond legal minimum. This canon places the responsibility for the
living out not only of personal vocation, but the vocations of the other
members way
that mutual support is obvious.
of the institute in such a
This canon is always calls for a movement beyond
exhortatory in that it

the present toward a greater openness and positive action to the up-
building of community.

C 603

§1. Besides institutes of consecrated life, the Church recognizes the eremitic
or anchoritic by which the Christian faithful devote their life to the praise
life

of God and salvation of the world through a stricter separation from the world,
the silence of solitude and assiduous prayer and penance.
 Norms Common to Institutes of Consecrated Life / 55

§2.A hermit is recognized in the law as one dedicated to Cod in a consecrated

he or she publicly professes the three evangelical counsels, confirmed by
life if

a vow or other sacred bond, in the hands of the diocesan bishop and observes
his or her own plan of life under his direction.

The basic source for this canon is VS I. The discussion of the coetus in-
dicates that they used the verb "recognizes" (agnoscit) to intend official
ecclesiastical juridical recognition. §2 offers a legal definition of a her-
mit. In practice, the terms "hermit" and "anchorite" are used almost
synonymously. The New Catholic Encyclopedia nuances the difference
slightly by distinguishing hermits as those who "retire to a place far from
human habitation" to live the religious life and anchorites as those who
live a solitary religious adjacent to a community. The revival
life in cells

of the eremitic form of life is occurring in various parts of the world,

including areas of the United States. This canon offers a new possibility
for those seeking such recognition. Care must be taken in moving ahead
too quickly: the episcopal conference in consultation with other interested
groups like LCWR or CMSM in the United States may want to issue sug-
and a discussion of the ramifications. Certainly a period
gested guidelines
of approbation ortemporary commitment is called for before the public
profession mentioned in the canons. In particular, practical details such
as financial responsibilities, regular contact, provision for sacraments,
etc., should be worked out in advance. The term "religious" now ap-
plies to individualswith no obligation to common or community life and
no relationship to an institute. Groups could use the category of associa-
tions of the faithful to have ecclesiastical identity if they wish.

C 604

§1. Similar to these forms of consecrated life is the order of virgins, who, com-
mitted to the holy plan of following Christ more closely, are consecrated to God
by the diocesan bishop according to the approved liturgical rite, are betrothed
mystically to Christ, the Son of God, and are dedicated to the service of the
Church.

§2. In order to observe their commitment more faithfully and to perform by

mutual support service to the Church which is in harmony with their state these
virgins can form themselves into associations.

The basic source for this canon is the Rite for the Consecration of Virgins
(May 31, 1970), 1 and 5. Historically, groups of widows and virgins are
seen as antecedent forms of consecrated life. Some juridical matters to
be noted: it is the order which is considered a form of consecrated life,

not just individuals; connection to a diocesan bishop is stressed (as it was

with hermits); dedication to the service of the Church is an element.
56 / ELLEN O'HARA, C.S.J.

This order or consecration is available to both men and women; 20

insome institutes, individual members have made such a consecration.
The canon does not require a public ceremony. §2 was the source of
discussion within the coetus. This paragraph basically restates the more
general right of Church members to associate, or form associations. More
discussion and be needed in terms of the forms and status
clarification will
of such associations any are formed. Two kinds of association are en-
if

visaged in the new law: public and private, both of which must have
statutes and are under the supervision of ecclesiastical authority
(cf. CC 298-329).

C 605
Approving new forms of consecrated life is reserved to the Apostolic See alone.
Diocesan bishops, however, should strive to discern new gifts of consecrated life
granted to the Church by the Holy Spirit and they should aid their promoters
so that they can express their proposals as well as possible and protect them with
suitable statutes, utilizing especially the general norms contained in this section.

The distinction in this canon is approval of new forms of consecrated

life, not simply new institutes. This takes account of the phenomenon
occurring in various parts of the world where groups of both men and
women, sometimes both clerical and lay, join together in the pursuit of
a new form of consecrated life. Some examples of new forms have already
emerged, including Catherine Dougherty's group in Combermere, On-
tario (which has the technical status of pious union, but which has never
moved to more specific status of institute of consecrated life), or the
Seguimi. 21
In the CCD (vol. 8, pp. 318-20) this Seguimi is referred to
as "an institute of perfection" and also as a "new form" because it does
not fit into the already established categories for institutes of consecrated
life. The following of the evangelical counsels is more general than in
forms of consecrated and there is no formal agreement for incorpora-
life

tion. Finally, the Seguimi have no particular apostolate, and the main
purpose for the organization is the spiritual perfection of the members.
In a sense, the Seguimi are not very different from the concept emerg-
ing in the United States of associate membership or other groups which
affiliate themselves to religious institutes in a similar way.

C 606
Whatever is determined about institutes of consecrated life and their members
applies equally to either sex, unless the contrary is apparent from the context
of the wording or nature of the matter.

The basic source of this canon is CIC 490 of the previous Code. The dif-
ference would be that the phrase "and their members" was added after
 Norms Common to Institutes of Consecrated Life / 57

the first draft of this canon, so that the equal applicability of the law
applies both to the institutes as juridic persons and to the members as
individual religious. One example
where the contrary might be ap-
of
parent from the "nature of the matter" would be in laws dealing with
religious in clerical institutes, and specifically dealing with the clerical
aspects of their lives.

NOTES
1. See C 129, §2.
2. See the commentary on C 714.
3. Francis Moloney, Disciples and Prophets. New York: Crossroads, 1981.
4. JohnLozano, Discipleship: Towards An Understanding of Religious Life. Chicago:
Claretian Publishers, 1980.
5. On the notion of the patrimony of an institute, see the comments of SCRIS in
establishing the USIG, December 6 and 8, 1965, on "Loyalty to Founders," 6 CLD 462-64.
6. See 1 CLD 269.
7. See 7 CLD 458-59, which has two private replies: one lists documents needed for
erection of a diocesan institute, and the other discusses the need for the approbation of
the SCDF in missionary areas.
8. 8 CLD
324 and Supplement for 1978 under C 493.
9. 6 CLD
445-46 and Supplement for 1978 under C 493.
10. See Miriam Cerletty, "Some Practical Helps for the Development of Constitutions,"
14 StudCan 155 (1980).
11. See 7 CLD 468-71.
12. 8 CLD 342-43.
13. 6 Origins 602-05.
14. A
good reference for learning how to deal with the legal value of such documents
is the booklet written by Francis Morrisey, "The Canonical Significance of Papal and Curial

Documents," published by the Canon Law Society of America.

15. See the commentary on C 591.
16. C 625, §2.
17. C 686.
18. C 686, §3.
19. C 588.
20. The present liturgical rite, however, is for women only.
21. 8 CLD 318-20.
Religious Houses and Governance
Canons 607-633

Margaret Mary Modde, O.S.F.

Introduction

Who has the authority for religious institutes? How is that authority
exercised? CC
607-633 respond to these questions. They introduce the
section on religious institutes: what they are (C 607), how they are
established (CC 608-616), and how they are governed (CC 617-633).
As a whole these canons are generally referred to by religious as the canons
on government. They determine which communities in the Church have
the authority to act as an institute of the Church and which members
of these communities have the authority to act personally for an institute
or for one of its major parts or houses.
According to their basic subject matter the canons on government
divide into two unequal parts. How a community may obtain and use
authority in the Church is the main topic of the nine canons titled
Religious Houses and Their Erection and Suppression. How a member
of the community may obtain and use personal authority in the institute
is the main topic of the seventeen canons titled The Governance of In-

stitutes. These twenty-six canons, plus the introductory canon which

describes religious institutes, have their counterpart in forty-six canons
similarly located and titled in the 1917 Code (CIC 488; 492-498;
499-537).
Basic to the use of this section of the Code is a socio-historical under-
standing of Church authority. Both Codes apply the overall Church con-
struct of hierarchical authority in relation to institutes. This construct
is commonly known as the pyramid model for organizations. More re-
cently it known, with negative connotations, as the authoritarian
is

model. The model shows supportively ascending levels and areas for the
exercise of collegial authority. Each part, and the pyramid as a whole,

59
60 / MARGARET MARY MODDE, O.S.F.

comes together under a single head. Often the pyramid is represented

by naming only the "heads." The model fits historically with the endur-
ing scriptural paradigm of the Church as the head and body of Christ. 1

What is new in the Code is the infusion of the traditional pyramid

model of organization with spiritual understandings of the collateral
dynamics of a trinitarian God. 2 The integration of spiritual matter with
basic organizational and juridical matter recontextualizes and, therefore,
revitalizes the use of the model for asking and answering questions about
the authority of religious institutes and its nature, essence, modes, and
operational circumstances.
Since Vatican II, and its renewal of the pyramid model, critical ques-

tions on the fact and use of authority in the Church and in all its parts
and areas have been aided by applying key words from Vatican II to
test this model. The same words have become bywords for religious in-
stitutes and their design of structures of authority, namely, their struc-
tures of government and governance. What religious is unfamiliar with
the concepts and applications of such key words as communion, commu-
nity, mission, dialogue, collegiality, subsidiarity, participation, co-
responsibility, service, mutuality, collaboration — and others?
Each con- 3

cept a key word conveys has had some influence on the renewed struc-
tures of institutes. Each has influenced the Code on government as well.
Through the exploration of these key words numerous changes are evolv-
ing in the fact and use of Church authority as a collaborative service. 4
To assure renewal of the Church the Code does more than apply a
spirituality of authority. It also proceeds from a different starting place
than that of the 1917 Code to describe the use of authority. 5 Through
Vatican IFs attention both to the socio-historical signs of the times and
to the timeless evangelical witness of the mission of Jesus, the Code unites
an ecclesiology to a theology of authority. Authority for the Church as
a people of God is viewed as a unique participation in the universal
authority of Jesus (LG 1-4; LG 19-20; CD 4). Obtaining and using this
authority entails receiving the gift of service to a people from God through
the Spirit and offering this gift in an orderly union with others in Christ
(LG 4; AG 2, 9, 15). Religious institutes share in this authority through
receiving the gift of the evangelical counsels for a closer following of
Christ in his mission (PC 1,13-15, 20).
Applying Vatican II's spiritual understandings of authority has
variously affected the renewal and restructuring of the Church's gov-
ernment and law. 6 What is true for the universal Church is also true for
the local church and for institutes, societies, and associations in the
Church. Religious institutes in particular confront the renewed dimen-
 Religious Houses and Governance / 61

sion of authority in the Church as they continue renewal of their life

and its governance. 7

Expressing the spirit of Church authority as gathered from various
documents, 8 the Code directs the fact and use of a spiritual authority
in Church institutes through appropriate attention to their government.
It guides each institute's particular statement of its spirit and law, re-

ferred to as its proper law. Over half the canons on government men-
tion details that an institute must decide in its constitutions or in other
parts of its proper law, such as in its chapter directives, provincial statutes,
special decrees, and administrative policies. Attention to these details fur-
ther refines for the institute its use of authority from what it has learned

in its own tradition through lived experience.

The relationship of an institute's structures of authority to the prac-
tices of obedience in institutes is not fully resolved in the Church. 9 Ques-
tions about the advisability and practicality of some post-Vatican II in-
10
novations or provisions by institutes are still being raised. The Code
does not provide ready answers for these issues. It does, however, guide
the major decisions an institute must make about its own authority by
comprehensively presenting the universal norms for the life of the Church
as developed from Vatican II's reflection on the lived experience of the
whole Church. It is in this spirit of offering some guidance to institutes
in their decision-making about their way of life together that the canons
on government are discussed here.

RELIGIOUS INSTITUTES

Title II of the Code, Religious Institutes, continues the development of

Section I, Consecrated Life. Following Title I, Norms Com-
Institutes of
mon to All Institutes, Title II presents 103 norms specific to religious in-
stitutes. Some of the norms of Title II are incorporated into Title Ill's
twenty-one canons for secular institutes and Section II's sixteen canons
for societies of apostolic life. Roughly one-fourth of the norms of Title
II treat authority for religious institutes. The first of these defines religious
institutes.
In the 1917 Code religious institutes are defined in the second of five
introductory canons on religious (CIC 488, 1°). That canon contains seven
other definitions for various types of religious and their institutes and
superiors. Many of the terms used in those definitions are not carried
over into the terminology of the new law. These 1917 definitions include
terms for the distinctions between orders and congregations, solemn and
simple vows, and regulars and sisters. The distinctions are now subsumed
62 / MARGARET MARY MODDE, O.S.F.

to a remarkably simplified concept of religious institutes viewed as one

of two forms of consecrated life to which the Christian faithful may be
called. C 607 gives the details.

C 607

§1. Religious life, as a consecration of the whole person, manifests in the Church
a wonderful marriage brought about by Cod, a sign of the future age. Thus
religious bring to perfection their full gift as a sacrifice offered to God by which
their whole existence becomes a continuous worship of God in love.

§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 when they have lapsed, and live a life in common as brothers or sisters.
§3. The public witness to be rendered by religious to Christ and to the Church
entails a separation from the world proper to the character and purpose of each
institute.

C 607, the lead canon for Title II, serves as an introduction to eight
chapters on religious institutes. The lead canon's three parts carefully,
yet simply, define religious life and religious institutes according to their
essential elements of spousal and sacrificial consecration, public vows,
community life, and special witness. The paragraph on religious life
which begins the canon should be read as the basic condition and goal
for a religious institute. It is a progression from the earlier paragraphs
on consecrated life and its various forms (CC 573, §1; 577).
Special note should be taken of the canon's focus on religious life as
an involvement in sacrificial worship and of the canon's use of the tradi-
tional spousal imagery to describe religious life. What is new to the under-
standing of religious life is the canon's addition of the connection of
religious life to the future age.
The spousal imagery of the canon is derived from LG, which recalls
itfrom the tradition of the Church for the Council's introduction of the
role of the Holy Spirit in the Church (LG 2). The concept of sacrificial
worship is introduced by the Council in its description of the role of the
Son on mission from the Father (LG 3) Mention of both the spousal and
.

sacrificial aspects of religious consecration emphasizes the relation of the

religious to a trinitarian and communitarian God of three persons, and
not to Jesus alone.
§2 of the canon, which specifies the element of vows for religious in-
stitutes, reverses the post-Vatican II trend in religious institutes to
substitute promises for temporary vows. The practice of promises was
suggested by the 1969 instruction on the renewal of religious formation
(RC 34, I and II). Promises met the practical problem of hesitation on
 Religious Houses and Governance / 63

the part of new members Now com-

regarding commitment by vows.
mitment other than by vow no longer allowed members of a religious
is

institute. The perpetual renewal of temporary vows, a practice of some

institutes, is allowed only by Church approval of an institute's proper
law. For approval the law of such institutes must contain a specific
prescription for perpetual temporary vows and must also indicate their
purpose.
The element of community life prescribed as a mark of religious in-
§2 of the canon is carried over as an element of religious life
stitutes in
from the 1917 Code's definition of the religious state (CIC 487), and not
from its definition of the institute itself (CIC 488,1°). The wording of
the new canon combines two understandings of community life. The first
one emphasizes a familial dimension as amplified in C 602. The other,
a provisional dimension, is implied in CC 665 and 670. The provisional
dimension emphasizes the common life of a house.
Both the familial and provisional dimensions of community life have
a long history in the Church. However, legislation for religious over the
past several centuries has highlighted the provisional aspect. Through
emphasis on its legal aspects community life for the religious often came
to be understood as common life, namely, as having the same or similar
things for each religious in terms of housing, clothing, food, and other
necessities. The Code restores the complementary dimension of commu-
nity, the dimension of persons relating to each other familially through
having and sharing everything in common.
Treated in context with other parts of the law the familial element
of community life is also given a spiritual dimension —
that of essential
witness to the nature of the Church. The community is viewed as a unified
and unifying communion of persons whose life is "a new and eternal life
acquired by the redemption of Christ" (LG 44 and 7, C 602). There is
no counterpart in the 1917 Code to suggest a similar spiritual dimension
for community life.
The third part of the canon refers to a special provision for the
spiritual dimension of witness reflected by community life. Such witness

entails a separation from the larger community of the world. This sec-
tion of the canon at first appears regressive in its emphasis on the separa-
tion of the religious from the world. However, the purpose of this part
of the canon is to call each institute to determine in its proper law its
contemplative dimension.
C 603 on hermits
This third section of the canon should be read with
and anchorites, where emphasis is on separation from the world by
solitude. It should also be read with C 667, which carries with it the
64 / MARGARET MARY MODDE, O.S.F.

but which actually func-

vestiges of the Church's long tradition of cloister,
need of religious for a place to be alone individu-
tions to provide for the
ally and as a community.
In no way should §3 of the canon be read restrictively and as confin-
ing religious. The proper perspective in the use of this canon is particu-
larly important for religious institutes who are engaged in an active
apostolate as described in C 675. Religious institutes are to protect the
solitude at the core of their ministry and their identity. Without this
solitude the institute cannot hope to give public witness to the nature
of the Church as a communion of persons.
As a whole C 607 is a remarkable synthesis of the sacramental or sign
value of religious life in the Church. It does not focus on juridic exigen-

cies through concrete provisional means, as did the 1917 Code. From
the canon's spiritual contexts it is clear that religious institutes are to give
public, namely visible, testimony or witness to Christ and the Church.
They do so essentially by their members coming together in a commu-
nity clearly separated from the world.
As other Church documents show, the separation of a religious com-
munity from the world is most evident by the community's spirit of
prayer, solitude, and penance (EN 69; CDR 4). The degree of emphasis
placed on this sacramental dimension of an institute derives from the
particular character, purpose, and tradition of the institute, as C 607
indicates. This degree of sacramental emphasis, rather than a definitive
typology of institutes, determines the distinctive kind of community an
institute is in the Church (CDR 6).

RELIGIOUS HOUSES AND THEIR ERECTION AND SUPPRESSION

Nine canons constitute the first chapter of Title II on religious institutes.

They determine how a religious community of an already established
institute for religious life (C 579) obtains and uses its own authority to
live and work in houses of the institute. Basic for applying these canons
is the awareness that most institutes divide themselves into smaller com-

munities of various numbers for the achievement of various purposes.

If an institute as a community divides itself into smaller communities,
each community has a specific place, namely, its own house, where it
lives and works and where it relates with a superior of the community
who has authority for the smaller community according to the institute's
proper law.
In their treatment of the opening and closing of the houses of an in-
stitute, these canons differ significantiy from the companion set of canons
 Religious Houses and Governance / 65

in the 1917 Code (CIC 492-498). They proceed from the understanding
of a house of an institute as a place where the community of the institute
lives (C 608) rather than as a certain type of house (CIC 488,5°) which
an institute may establish as a part of the institute.

C 608

A religious community must live in a house legitimately constituted under the

authority of the superior designated according to the norm of law; each house
is to have at least an oratory in which the Eucharist is celebrated and reserved
so that it truly is the center of the community.

C 608, a juridic and not a spiritual canon, reflects the Church's essential
spiritual concept of religious life as a sacramental community. The word
"house" as used in the canon has a specific juridic meaning as the place
where the community lives. The word must be read with the essential
qualification which follows it in the canon. Namely, there must be a
superior who, according to the ordinary practice of the institute, as stated
in its proper law, has authority for the community, as stated in the univer-
sal law (CC 617-630).
The point of the canon is not that a community live in a house rather
than in a trailer, or in an apartment, or in a cave. The point is that every
religious community, wherever it lives, in whole and in part, has a law
that says who its superior is and how it is accountable to this superior.
Moreover the law of the community on who the superior is must be in
accord with the universal law of the Church on who may be a religious
superior.
The wording of this first part of the canon precludes the need for
the Code to specify, as it previously did, various kinds of religious houses
according to the number of persons and according to the degree of
dependency on another house of the institute for its juridic acts, namely,
its valid legal acts. That dimension of a religious house is now determined

in the Code by CC 113-123 on who or what is a juridic entity in the

Church.
Specifically, the Code requires that a juridic person in the Church
involve at least three persons (C 115, §3) and be established either by
the law or by the competent person who has lawful authority to do so
(C 116, §2). The application of this juridic understanding of "house,"
which may include the capability of owning and administering goods
(C 634), does not necessarily apply to every house of a religious institute.
When it does it should be defined in the proper law of the institute.
Also the canon requires that there be at least an oratory in every
religious house. In order to reserve the blessed sacrament in this oratory
66 / MARGARET MARY MODDE, O.S.F.

CC 934-943 must be observed. If these observations are not possible it

is not prudent to implement the requirements of the canon. The Church's

main purpose in this canon is to call the religious community to an ex-

plicit awareness of the centrality of the Eucharist in its life. Given cer-
tain living conditions prevalent today, the complete implementation of
this canon would be most imprudent. Where prohibitive conditions ex-
ist, the community should be challenged to name specific ways in its law

to nourish its sacramental awareness. This awareness develops a religious

community's closer ties with the divine life and holiness of the Church
(LG 43 and 44).
C 609

§1. Houses of a religious institute are erected by the competent authority ac-
cording to the constitutions with the previous written consent of the diocesan
bishop.

§2. In order to erect a monastery of nuns the permission of the Apostolic See
is also required.

C 609 applies the Church's principle of internal autonomy. Any religious

house has the right to internal government (C 611, 1°) if it is established
by the internal authority of the institute according to its proper law. The
consent of the diocesan bishop where the community as a whole or as
a part is to be established honors the bishop's right to internal autonomy
through exercise of authority for all those who participate in sacramen-
tal worship and in the works of the apostolate in his diocese (LG 26, 34,

42, and 45; CC 386 and 394).

In addition to obtaining the written consent of the diocesan bishop
up a house, a monastery of nuns who wish to open a new monastery
to set
must also have the consent of the Holy See before the new monastery
may be established. This part of the canon is applied in light of the proper
law of a monastic order when a monastic federation or congregation
begins a monastery of nuns. If a group neither affiliated with a monastic
order nor with an autonomous monastery wishes to set up a monastery
of nuns, the bishop would first follow the canons and procedures for set-
ting up a diocesan institute (C 579).
In particular instances the Holy See can establish an autonomous
monastery of nuns which is not affiliated to a federation, or a congrega-
tion, or a diocese (C 615). These autonomous monasteries are governed
by special norms of the Holy See, by their own proper law, and by CC
615; 625, §2; 628, §2, 1°; and 637.
 Religious Houses and Governance / 67

C 610

The erection of houses takes place with due regard for their usefulness
§1.
for the Church and the institute and safeguarding those things which are re-
quired for the correct living out of the religious life of the members according
to the specific purposes and spirit of the institute.

§2. No house is to be erected unless it can be prudently judged that the needs
of the members will be suitably provided for.

An institute's primary witness of consecrated life and the sacramental

function of this witness in the local church is the major concern of
C 610. There can be an overabundance of religious houses in some areas
of the Church and none or too few in others. Institutes share responsi-
bility with bishops to adjust particular situations for a more equitable
distribution of religious in such cases.
Particularly in cases of houses with limited sources of income, care
should be exercised that the religious institute and the diocese are capable
of providing what is necessary for the appropriate living of consecrated
life as a witness.
Both the religious superior and the bishop in consultation with each
other share a responsibility to the Church-at-large that the establishment
of a religious house is for the good of the Church and of the institute.

It is also to be ascertained that the members residing in the house can

live out their lives in accord with the spirit and goals of the institute.
Otherwise the sign value of religious witness is lost to the Church. Liv-
ing as sign requires that the needs of members be met for prayer, solitude,
penance, Eucharistic worship, and adaptation to current understandings
about the role and value of religious life in the Church, as the Church's
various documents on religious life suggest.
§2 of C 610 echoes CIC 496 and has as its intent the meeting of the
material needs of the religious as a complement to meeting the spiritual
needs suggested by §1 of the canon. In the past many parishes and dioceses
provided houses for members of religious institutes whose members
worked in the diocese. Now in some instances, especially where there
are fewer religious, the parish or diocese provides instead a stipend ade-
quate to meet this need.
A problem common at the time of the 1917 Code's
of need today not
writing is an concern for the disproportionate numbers of ag-
institute's
ing religious caused by longer lifespans of religious and by decreased
membership in religious institutes. With increasing frequency bishops
and superiors are collaborating to seek creative ways to meet the needs
for personnel and finances both in the dioceses and in the institutes. The
68 / MARGARET MARY MODDE, O.S.F.

dual focus of needs expressed in C 610 provides a framework for meeting

this problem.

C 611

The consent of the diocesan bishop to erect a religious house of any institute
brings with it the right:

1° to lead a life according to its own character and the purposes of the institute;
2° to exercise the works proper to the institute according to the norm of law,
with due regard for any conditions attached to the consent;
3° for clerical institutes to have a church, with due regard for the prescription
of can. 1215, §3, and to perform sacred ministries, observing what is by law
to be observed.

C 611 is up a relationship between an institute,

strictly juridic. It sets
Church through the diocesan bishop. Work-
the religious house, and the
ing through the diocesan bishop is a practical measure in Church law
and an application of the organizational principles of collegiality and
subsidiarity promoted by Vatican II. The primary right of members of
a religious house is to live in accord with their particular form of con-
secrated life. The diocesan bishop must abide by this right of internal
autonomy.
In giving a religious institute the right to establish a house in his
diocese, the bishop's consent includes the right for members of the insti-
tute to exercise the institute's apostolic works in accord with the proper
law of the institute. However, the bishop may set some conditions on
the exercise of these works in his diocese.
For clerical institutes the right to have a church and perform sacred
ministries is included with a bishop's consent to establish a house. Similar
rights are specified in CIC 472, §2, but not the right to live the form
of life proper to the institute.
In this canon, and in the Code as a whole, the specification of the
primary rights of members of the institute in relation to the primary rights
of the bishop provides a foundation from which a harmonious mutual
relationship may be built. Through a relationship built on respect for
the autonomy proper to each, both bishops and superiors can more fully
promote the mission of the Church (see MR 8, 10, and 15).
In examining the mutual rights established by the erection of a
religious house, it does not seem misplaced to call attention to various
sets of rights operative within a diocese. Religious, as well as bishops,
in the application of the principles of collegiality and subsidiarity, need
to be sensitive to the rights of other groups as well as to their own rights.
 Religious Houses and Governance / 69

The moderation in the law on the role of subsidiarity made between the
1977 and 1980 draft canons suggests that a balance in rights is more
necessary in the Church. 11 Many in the Church need the assurance of
the Church's concern for their basic Christian rights and an appropriate
balance of these rights as an important complement to the mission of
theChurch as well as an important complement to human dignity and
equality of persons.
Again,it does not seem amiss to mention here that religious can also

benefit from a greater consciousness of rights between groups of members

within their own institutes. The concern all should have for the right
of the institute to be what the founder intended is a complementary area
for active concern (C 578). As all work to apply this canon, the Church
can expect a new flowering of justice.

C 612

In order that a religious house be converted to apostolic works different from

those for whichwas established the consent of the diocesan bishop is required;
it

but this is a matter of a change which refers only to internal govern-

not so if it is

ment and discipline, with due regard for the laws of the foundation.

The matter in C 612 is treated in CIC 497, §4, and no new setting is
given the canon in the Code. If the competent authority of a religious
institute as named in its law wishes to change the apostolic work for which
a religious house was established, the consent of the diocesan bishop is

required. This need to have the bishop's consent for a change in work
makes sense because the consent of the bishop was given for a specific
work at the erection of a house. He may also have required certain con-
ditions according to the needs of the apostolate. It is reasonable to ex-
pect, therefore, that a change in a specific work may involve a change
in the conditions set for the establishment of a house, as in C 611, §2.
With the rapid changes observable today in social and economic con-
ditions, this canon on conversion of works gains in importance and use.
An increasing number of institutes find themselves changing the apostolic
works of the community. An example of a current change in work which
substantially changes the purpose for which a house was originally
established would be the conversion of a school owned by an institute
and made into a retreat center or into a center for the mentally
handicapped.
The consent is not needed if the conversion of a house
of the bishop
one established for a need of the institute and
for other purposes involves
then afterwards converted for another need of the institute. An example
would be a house established as a novitiate and later converted into a
70 / MARGARET MARY MODDE, O.S.F.

provincialate or into a home for the institute's retired members. In both

cases the apostolate is internal to the institute and to itsgovernance and
discipline.
As a rule-of-thumb it is prudent for any institute which is planning
the conversion of a house to consult the bishop, even if the conversion
affects only the internal matters of the institute. Through mutual collab-
oration and planning the misson of the Church gains as a whole.

C 613

§1. A religious house of canons regular and monks under the governance and
care of its own moderator is autonomous unless the constitutions state otherwise.
§2. A moderator of an autonomous house is by law a major superior.

This canon recognizes the autonomous nature of monasteries of canons

regular and of monks. C 613 further recognizes that in certain monastic
groupings, according to their constitutions, the individual houses of such
monasteries are not autonomous but are subject to superiors in a way
similar to other religious houses.
§2 of C 613 seems unnecessary, since the fact of who is included in
references to major superiors of religious occurs in the section on govern-
ment which treats superiors at length (see C 620).

C 614
Monasteries of nuns which are associated with an institute of men maintain
their own order of life and governance according to the constitutions. Mutual
rights and obligations are to be so defined that the association is spiritually
enriching.

Once more a separate canon attends to a particular form of religious life

which has particular needs, especially in the area of autonomy. Some

religious families include monasteries for women as well as formen. Of
these families some have maintained especially close relationships. These
relationships may include obedience to the same higher superiors gathered
under the same rule.
Some women are under the care of monasteries of men
monasteries of
and their superiors for observance of the rule of the founder and for pro-
motion of the spirit of the entire religious family of the founder. The
canon especially addresses this latter situation.
Two features permeating the Code for the establishment of autonomy
between groups perceived as formerly unequal are highlighted by C 614:
a clear definition of mutual rights and obligations and a clear indication
of the purpose and condition for these rights as spiritual enrichment. The
 Religious Houses and Governance / 71

canon and the Code avoid the pitfall of a declaration of rights for the

sake of rights alone.

C 615

An autonomous monastery which has no other major superior beyond its own
moderator and is not associated with any other institute of religious in such a
way that the superior of the latter enjoys true power over such a monastery deter-
mined by the constitutions is committed to the special vigilance of the diocesan
bishop according to the norm of law.

C 615 can be read as a legal protection for members of an autonomous

monastery which is not subject to the general supervision of a federation
or congregation (see C 609). The canon establishes that the diocesan
bishop exercises special vigilance according to universal law toward this
type of monastery.
Besides the general relationship of bishops to autonomous monasteries
as established by law, the diocesan bishop specifically presides at the elec-
tion of the superior (C 625, §2). The bishop also has the right and duty
to conduct a visitation of the community even regarding the monastic
discipline (C 628 §2, 1°). However, the canon does not give the bishop
authority over the community either to legislate or to govern, even if
he finds areas of concern.
The basic autonomy of the monastery is respected by the law. The
bishop may strongly try to persuade a community or superior to act a
certain way, but if either refuses his only recourse is to the Holy See.
The decision on dismissal of a member of an autonomous monastery,
however, does belong to the diocesan bishop. If the monastery is of pon-
tifical right the dismissal must be transmitted to the Holy See for confir-

mation (CC 699, §2; 700).

The practical benefits for autonomous monasteries of C 615 are more
obvious than its juridical and spiritual benefits. A bishop can be especially
helpful in many practical areas of decision-making about meeting the
goals and needs of the institute in educational and financial matters.

C 616

§1. A legitimately erected religious house can be suppressed by the supreme

moderator according to the norm of the constitutions after having consulted the
diocesan bishop. The proper law of the institute is to provide for the goods of
the suppressed house, with due regard for the wills of the founders and donors
or for legitimately acquired rights.

§2. The suppression of the only house of an institute pertains to the Holy See,
to which is also reserved the right to determine what is to be done in that case
with its goods.
72 / MARGARET MARY MODDE, O.S.F.

§3. The suppression of an autonomous house, such as that described in

can. 613, belongs to the general chapter, unless the constitutions state otherwise.

§4. The suppression of an autonomous monastery of nuns pertains to the

Apostolic See, with due regard for the prescriptions of the constitutions with
regard to its goods.

The preceding canons have prepared the way for C 616 on the closing
of a religious house and the redistribution of its goods. This canon clearly
holds to the principle that whoever is the competent authority to establish
a house is also the competent authority to suppress it. In contrast to
C 616, C 609 requires that for the establishment of a religious house the
competent authority of the institute must have the consent of the bishop.
However, in the closing of a religious house, only consultation with the
bishop is required and not his consent, which is a change from CIC 498.
Once more the role of the proper law of the institute is invoked.
Specifically the institute must decide in its law how the goods of a sup-
pressed house are to be distributed. Those who make the decision to sup-
press a house are also obliged to consider the sources of these goods. If
these were external to the institute, and if certain rights of the donors
were established in the acceptance of the goods, these rights must be at-
tended to. As in CC 634-640 and in other related canons throughout the
Code, religious who receive goods from the faithful are obliged to fulfill
any conditions for which these goods were given. Requirements of civil
law should also be attended to before the goods of a suppressed house
are distributed.
§2 of C 616 treats the suppression of a last remaining house of an
institute. Its suppression is equivalent to the suppression of the institute.
There is no change in the requirement of this norm from CIC 493. Only
the Holy See has the right to suppress a last house and to distribute its
goods.
On the whole §2 appears to repeat C 584 on the suppression of an
institute. Nevertheless, complements the understanding of religious
it

houses. CC 579 and 584 refer to the bishop's right to establish an institute
of consecrated life. It covers those institutes which have divided into
smaller communities and then dwindled to or reverted to one commu-
nity and a single house.
C 616, §§3 and 4 attend to the situations of suppressing an
autonomous house of canons and monks, some of which may be similar
in their structure to institutes in their number of houses, and of suppress-
ing an autonomous monastery of nuns. For the former the general chapter
can suppress the house unless the constitutions state otherwise. This norm
 Religious Houses and Governance / 73

changes CIC 493 regarding the suppression of an autonomous monastic

house. That canon required a decree from the Holy See. For the sup-
pression of an autonomous monastery of nuns, the Code reaffirms that
the Holy See alone can act, but with due regard for the members, the
constitutions, and the goods of the monastery.
With the change in the law regarding the suppression of autonomous
houses, it would seem that federations and congregations to which these
houses may belong should restudy their constitutions to ascertain whether
changes may be needed. Areas of concern for possible change include
the distribution of any assets of the community and provisions for transfer
of vows in the event of suppression.
C 616 closes the canons on religious houses and their establishment
and suppression. To summarize this chapter, it can be observed that
although the autonomy of religious institutes, of bishops, and of the Holy
See is emphasized in the law, mutual collaboration is called for. The
changes in the Code are attempts to implement this kind of relationship
in the total mission of the Church.

THE GOVERNANCE OF INSTITUTES

In twenty-four canons the second chapter on religious institutes replaces
the thirty- two canons of CIC 499-530. The new canons, as those of the
1917 Code, direct religious to govern themselves through the proper use
of superiors, councils, chapters, and temporal goods (CC 617, 622, 627,
631, and 636). In contrast to the 1917 Code, the 1983 Code through re-
titling this section links superiors with councils and not with chapters.
The change emphasizes the proper role of each of these groups in rela-
tion to that of superiors.
From its overall structure, it can be seen that Chapter II of the canons
on government focuses exclusively on the internal exercise of authority
in a religious institute. The most striking difference from the 1917 Code
is the deletion of the chapter of twelve canons on confessors. The final

canon on superiors (C 630) treats this topic in terms of the superiors' pro-
motion of a member's freedom of conscience.
Like the first chapter of the canons on government, the second chapter
has a spiritual dimension not present in the 1917 Code. The first three
canons are the spiritual fountainhead of the section. The first canon relates
the fact that the power bestowed on superiors is within the limits set by
universal law and by proper law of the institute. Taken as a whole both
laws form a law of the Spirit. The two canons which follow give de-
74 / MARGARET MARY MODDE, O.S.F.

tailed means for a superior's development of a spiritual relationship with

members. These are complemented with a similar but much briefer canon
for members (C 627, §3). Together these canons help religious to develop
a relationship of listening and trust as basic to their government (LG 46;
PC 14) . This spiritual relationship is restated in sacramental terms in the
last canon on superiors (C 630).
All the remaining canons of Chapter II are juridic with the excep-
tion of the canon on election of the superiors. That canon directs all
members of the institute to action in accord with their inmost conscience
(C 626).

Superiors and councils

Although the title of these canons suggests otherwise, only one of the four-
teen canons on superiors treats councils (C 627) It is a very significant
.

one given the overall structure of these canons. The first three canons
(CC 617-619) treat the fact and manner of a superior's exercise of power.
The next seven canons (CC 620-626) identify which superiors are major
superiors and how superiors are elected or appointed. Introducing the
final four canons (CC 627-630) on the specific obligations of superiors
is the canon on councils.

C 617

Superiors are to fulfill their duty and exercise their power according to the
norm of universal and proper law.

C 617, notable for its brevity, gives superiors the power to govern the
institute's members in accord with universal and proper law. The term
superior includes superiors of all forms of religious institutes in whole
or in part.
The terms and proper law are to be properly understood
universal
by superiors. A universal law
is one that binds anywhere in the world

those for whom it is enacted.

Proper law is enacted for a specific reli-
gious institute and binds only those who are members.
Some examples of universal law are the Code, conciliar and papal
decrees, a motu proprio, and all other types of papal pronouncements 12
for the Church as a whole. Examples of proper law include the institute's
constitutions, directories, chapter acts, and policies.
In the use of both universal and proper law, it is important that the
user clarify the legal impact or force of a new pronouncement and that
the faithful school themselves in distinguishing between what is Church
legislation and what is an individual view.
 Religious Houses and Governance / 75

C 618

Superiors are to exercise their power, received fromGod through the ministry
of the Church, God in carry-
in a spirit of service. Therefore, docile to the will of
ing out their duty, they are to govern their subjects as children of God and, pro-
moting their voluntary obedience with reverence for the human person, they
them willingly and foster their working together for the good
are to listen to
and of the Church, but with the superiors' authority to decide
of the institute
and prescribe what must be done remaining intact.

C 618 repeats in part Vatican IFs decree on the appropriate renewal of

religious life (PC 14) . It cautions individual superiors to use the power
given them for service and ministry to the institute's members. Superiors
are to respect the individual human person by listening to members while
securing their collaboration for the good of the institute and of the
Church. The canon, nevertheless, clearly emphasizes the personal autho-
rity of the superior for discerning and initiating what is to be done.
Although it is clear that the personal authority of the superior does
not exclude, but invites, respect for members of the institute and con-
sultation with them, it is important that members of the institute do not
confuse the "style" of exercising authority and an individual manner of
communicating with the superior's clear right and obligation to act.
Reflection on this canon suggests that prudence, discretion, and good-
will are necessary ingredients for action by any superior.
That the role of the superior not be confused with the connotations
associated with particular names given the role is the chief implication
of C 618. It makes no difference whether the superior is called abbot,
abbess, general, brother, father, mother, sister, custodian, guardian,
moderator, animator, president, coordinator, servant unifier, minister,
13
or contact person. It isthe manner of carrying out the role that is im-
portant in the Church norm and the superior's personal responsibility
for governance or guidance of an institute, province, or local
community. 14

C 619

Superiors are to devote themselves to their office assiduously and, together

with the members entrusted to them, they should be eager to build a commu-
nity of brothers or sisters in Christ in which God is sought after and loved before
all else. Therefore, they are to nourish the members frequently with the food
of the word of God and lead them to the celebration of the sacred liturgy. They
are to be an example to the members in cultivating virtues and in the observ-
ance of the laws and traditions of the particular institute; they are to meet the
personal needs of the members in an appropriate fashion, look after solicitously
76 / MARGARET MARY MODDE, O.S.F.

and visit the sick, admonish the restless, console the faint of heart, and be pa-
tient toward all.

C 619 lists the important qualifications for a superior's exercise of power.

The power is exercised with the cooperation of all the other members.
The goal of this mutual exercise of power is the co-creation of a com-
munion wherein God may be sought after and valued in preference to
anything else (see C 573, §1). The superior encourages this close com-
munion particularly through providing members with the Word of God
which prepares them for the liturgy of the Word.
The role of the superior as indicated in C 619 is a pastoral one. It
and seeks the good of everyone involved in the creating of the
focuses on
community, especially those in need of pastoral care: those ill, restless,
lacking in courage, or needing ordinary patience. Key to the exercise of
this pastoral role is the personal relationship established between superiors
and members through and trust,
their cultivation of attitudes of listening
as indicated in the preceding canon and in CC 628, §3 and 630, § 5.
But these practical virtues necessary for human relations and reverence
for the human person are to be complemented with the unifying force
of the Word of God which is provided by superiors and celebrated
liturgically. Lacking this spiritual example and leadership, superiors fail
in their basic call to build community, the essential witness of the in-
stitute (see C 607, §2 with CC 573 and 673).

C 620

Major superiors are those who govern a whole institute, a province of an in-
stitute,some part equivalent to a province, or an autonomous house, as well
as their vicars. Comparable to these are the abbot primate and superior of a
monastic congregation, who nonetheless do not have all the power which univer-
sal law grants major superiors.

The Code through C 620 designates which superiors may be called ma-
The term includes those who govern the whole institute
jor superiors.
or a specific province of the institute and does not exclude those who
govern a part of the institute similar to a province, such as a region, direc-
torate, or vicariate, together with those who govern an autonomous
house. The term also includes the vicars of these major superiors and,
with some restriction of power, the abbot primates and superiors of
monastic congregations. These latter have the powers granted them by
proper law and any other power which may be specifically given them
through the universal law. Further interpretation of this canon comes
through attention to the canons that follow.
 Religious Houses and Governance / 77

C 621

The grouping of several houses under the same superior which constitutes an
immediate part of the institute and which has been canonically erected by the
legitimate authority is called a province.

C 621 supplies some clarifications needed to interpret C 620. The union

of several houses under the same superior is called a province. A prov-
ince is treated as a particular part of the institute. Traditionally it has
its own chapter and statutes. The establishment and suppression of prov-
inces is within the competence of the authority designated in an institute's

constitutions (CC 581 and 585).

There are various opinions expressed about the proper number of
members or of houses needed to constitute a province. Canon law does
not state either. It would seem that the competent authority of the in-
stitute would look at the need for provinces or parts rather than at specific
numbers of members or houses. The competent authority should also look
at the proportion of major superiors needed for other superiors and
members and at the institute's overall need for religious personnel in in-
ternal and external ministry.
Two reasons which may justify a division of an institute into prov-
inces are an institute's having a single form of government when there
are large property holdings involved in diverse geographic areas and an
institute's needing to overcome the distance of a substantial number of
members from the principal house of the institute or from the
15
generalate.
A province as a distinct unit of the institute requires a certain
autonomy government and ministry. Yet a province maintains a close
in
relationship to the generalate of the institute and to every other province
of the institute. This relationship takes the form of adherence to the con-
stitutions of the institute and to the decisions of the general chapter to
further the institute's response to its founding mission and the needs of
the Church. Some of the powers given over to the superior of the in-
stitute in universal law may be delegated to the superior of a province
(see RL and areas of the law which specify major superiors).
Every province can be a juridic person in its own right if it is law-
fully established, and it can be recognized as a legal entity both in Church
and civil law. A juridic person is created by operation of the law or by
competent authority; it receives its mandate and purpose, and its powers
and rights, within the context of the law from which it receives its ex-
istence (CC 113-123). In view of this fact, the rights and duties of the
provincial chapter, of the provincial superior, and of the provincial coun-
78 / MARGARET MARY MODDE, O.S.F.

cil are determined by the institute, that is, by its general constitutions
and proper law, and by the provincial statutes. These latter must receive
approval by the provincial chapter and by the superior and council for
the whole institute.
An institute may have a distinct unit of the community which, due
to some particular reason, requires some autonomy but cannot be inde-
pendent in personnel or finances. In this instance the competent authority
designated by the constitutions may create a unit, often referred to as
a region. A region is governed by a regional superior whose authority
is dependent upon the delegation of the superior for the whole institute

and the council. The powers given to a regional superior are specified
in the regional directory.
In establishing either provinces or regions the competent authority
of the institute is cautioned to take into consideration the good of the
members and of the institute as a whole and not to unduly multiply the
structures of the institute and consequently the number of persons needed
16
in positions of leadership in the institute.

C 622

The supreme moderator holds power over all provinces, houses and members
of the institute, which is to be exercised according to proper law; other superiors
enjoy power within the limits of their office.

The key terms in C 622 are "supreme moderator" and "proper law." The
supreme moderator as head of the institute holds power over all the prov-
inces, even though these have major superiors at their head, and over
every house and member of the institute. The proper law of the institute
determines how this power is exercised in the institute. Other superiors
enjoy power only within the confines of the roles to which they are ap-
pointed or in which they are confirmed, again in accord with the proper
law of the institute.
This canon confirms the personal authority of a supreme moderator,
or head, for the entire institute. "Supreme moderator," a titular referent
carried over from the Latin of the 1917 Code, covers various titles held
by heads of institutes, such as abbot, abbess, president, general coor-
dinator, minister general, general superior, community coordinator, and
others. This canon also affirms the concept that no part of the institute
is autonomous; each is part of the whole. The supreme moderator governs

the entire institute, safeguards the good of all members and parts, pro-
motes the vitality of the institute as a whole, and fosters cooperation
among all the parts of the institute.
 Religious Houses and Governance / 79

C 623

In order that members be validly appointed or elected to the office of superior,

a suitable time is required after perpetual or definitive profession, to be deter-
mined by proper law, or if it is a question of major superiors, by the constitutions.

The Code no longer determines a minimum chronological age for

superiors. For the validity of a nomination, election, or appointment of
a superior, the Code requires that the institute's proper law determine
a specific time after perpetual profession for a member's eligibility as
a superior. Moreover, the years after profession required for eligibility
as a major superior must be stated in the constitutions. Some institutes
prefer a shorter timeand others a longer time after perpetual profession
for major superiors than for other superiors.
This canon does away with CIC 504 and later laws on superiors
(AIE 3), which list other requirements for validity of an election of a
superior. CC 174-179 guide Church elections in general.

C 624

§1. Superiors are to be constituted for a certain and appropriate amount of

time according to the nature and needs of the institute, unless the constitutions
state otherwise for the supreme moderator and for superiors of autonomous
houses.

§2. Proper law is to provide in suitable norms that superiors constituted for
a definite time do not remain too long in offices of governance without an
interruption.

§3. Nevertheless they can be removed from office during their term or trans-
ferred to another office for reasons determined in proper law.

Superiors serve for a definite and appropriate length of time as the con-
stitutionsdetermine in accord with the nature and need of the institute.
Exceptions to thisnorm may be made for the supreme moderator or for
superiors of autonomous houses. This exception, if made, must be stated
in the constitutions of the institute.
The law cautions that persons not remain in the service of governance
for a long time without intermission. The canon can be seen to warn
against the practice of a constant rotation of the same persons as elected
or appointed superiors. The same caution should be applied to the ro-
tation of councilors, except in smaller communities where fewer persons
are available for service to thecommunity.
Superiors can beremoved from their time of service or they can
remove themselves by resigning. They may also be transferred for another
service during their designated time for reasons stated in the proper law.
80 / MARGARET MARY MODDE, O.S.F.

For further treatment of religious superiors in regard to their loss or

change of office CC 184-196 should be consulted.
A supreme moderator who wishes to resign from office may do so
before an assembled extraordinary general chapter.
17
A supreme
moderator who wishes to resign other than during a chapter presents the
18
reasons to the Holy See and awaits its decision.
If it is necessary to remove the supreme moderator from office, the
council of the supreme moderator submits the reasons to the Holy See
and awaits its decision (see C 193, §3).
The companion norm of this canon in the 1917 Code (CIC 505)
stipulated no more than two three-year terms in succession for a "lower
local" superior in the same house. An earlier draft canon, in 1977,
legislated no longer than nine years in succession as a superior (DC 28,
§2), but that canon was dropped. It seems a more reasonable approach
that institutes examine their particular needs for superiors in proportion
to their membership and set well considered means in their constitutions
to encourage the effectiveness of members in these roles.

C 625

§1. The supreme moderator of an institute is to be designated by canonical

election according to the norm of the constitutions.
§2. The bishop of the principal seat presides at elections of the superior of
an autonomous monastery, mentioned in can. 615, and of the supreme moderator
of an institute of diocesan right.

Other superiors are to be constituted according to the norm of the con-

§3.
stitutions,but in such a way that if they are elected they need the confirmation
of the competent major superior; if they are appointed by the superior, a suitable
consultation is to precede.

C 625 combines the points of CIC 507, §1 and 506, §4 on the election
of supreme moderators and adds a point concerning the constitutional
determination of other superiors. The supreme moderator must be chosen
according to the canonical election procedures described in the constitu-
tions of the institute. When the constitutions do not cover the matter,
the appropriate canons from CC 164-179 apply.
Some religious institutes implement a process of discernment in their
election procedures. Such processes are not denied by the law, but the
discernment must be confirmed by a canonical election as described in
the constitutions of the institute.
In general, for canonical elections the Code requires sufficient ad-
vance notification to each elector on the time and place of elections, free
 Religious Houses and Governance / 81

and secret written votes according to the provisions in the institute's con-
stitutions, or, failing provisions, according to C 119, and, when required
by law, acceptance of the election by the competent authority. To elect
someone who has a canonical impediment the laws of postulation apply
(see CC 180-183). The canonical impediments include election of some-
one for an extended term not possible through the constitutions or of
someone who has not completed the years after perpetual profession as
required by the constitutions.
The diocesan bishop where the principal house of the institute is
located presides at the election of the supreme moderator of a diocesan
institute and of an autonomous monastery. The law no longer requires
the presence of the diocesan bishop at the election of a supreme moderator
of a pontifical institute (GIC 506, §4).
The constitutions of the institute determine the method for choosing
other superiors, such as the provincial and local superiors. If provincial
superiors are elected by a provincial chapter, the constitutions designate
which next higher superior confirms the election, and they state whether
the council of the next higher superior must also give its consent. If a
regional or a local superior is elected by members of the region or of the
local community, the election is confirmed by the superior who is in-
dicated in the constitutions.

C 626

and members in elections are to observe

Superiors in the conferral of offices
the norms of universal and proper law, abstain from any abuse or partiality and
name or elect those whom they know in the Lord to be truly worthy and suitable
having nothing in mind but God and the good of the institute. Moreover, in
elections they are to avoid any procurement of votes either directly or indirectly
for themselves or for others.

C 626 directs the attitude and spirit of superiors in the conferral of office
and of members Both are to choose those persons
in elections to office.
they judge before God be best suited to govern the institute. The
to
canon's caution that votes should not be procured for one's self or another
should not be read in a way that eliminates preparation of oneself or
of the institute for informed participation in elections in the institute.
The prohibition against voting for oneself (CIC 170) is no longer men-
tioned in the Code. Therefore, such a vote is not forbidden by canon
law where one judges onself as the most suitable person for elec-
in cases
tion. Proper law frequently limits a fourth ballot in elections to two per-
sons, both of whom may not vote. Through this precaution one's vote
for oneself cannot be decisive.
82 / MARGARET MARY MODDE, O.S.F.

C 627

§ 1. According to the norm of the constitutions, superiors are to have their own
council, whose assistance they are to use in carrying out their office.
§2. Besides the cases prescribed in universal law, proper law is to determine
cases in which consent or counsel is required in order to act validly, which must
be obtained in accord with the norm of can. 127.

C 627 is the only one to treat councils, the co-topic of the chapter on
superiors according to its title. Through its placement C 627 introduces
the final four canons on superiors and heads the list of the four major
duties of superiors. Unlike its predecessor, CIC 516, §1, this canon does
not include the topic of bursars in the same canon. Through these changes
in titling, placement, and focus, C 627 highlights the role of councilors
in institutes and their close relationship to the superiors they assist.
According to the canon all superiors have councils to assist them in
their service to the institute. The institute's constitutions should provide
for such councils, the minimum number of councilors, their method of
election or appointment, and their terms of service. In C 699, on the
necessity of the vote of councilors in cases of dismissal of members, the
law specifies at least four councilors for validity. If there are fewer than
four councilors, the council adds the necessary members when acting in
dismissal cases.
The proper law of the institute in accord with the universal law
specifies the instances when the superior in order to act validly is required
to seek the deliberative or consultative vote of the council (C 127). The
deliberative vote refers to the consent of the council for the superior to
act. The consultative vote refers to the advice of the council to assist an
action for the good of the institute. Some actions cited in the universal
law of the Church that require the deliberative vote of the council and
that are reserved to the supreme moderator and may not be delegated
to other superiors include:

C 647 the erection, transfer, and suppression of a novitiate;

C 684 allowing a member of the institute to transfer to another religious

institute;

C 686 granting an indult of exclaustration to a perpetually professed

member, but not beyond three years; requesting the Holy See to
impose exclaustration of a member of the religious institute;

C 688 allowing a sister in temporary profession to leave the institute; and

C 690 admitting a person to the institute who has legitimately left it after
completion of the novitiate or after completion of a time of
profession.
 Religious Houses and Governance / 83

Those actions in the universal law which require the superior to con-
sult the council include:

C 689 excluding members from subsequent profession; and

C 697 initiating the process of dismissal for a member of the institute.

The determination of the need for a deliberate or consultative vote

for the validity of acting is left to the proper law in some instances. These
instances include:

C 638 §1 the transaction of extraordinary business in the name of the

institute;

CC 656-658 admitting a novice to temporary profession and admitting a

member to perpetual profession.

When the law calls for a deliberative vote of the council, it is

understood that the superior cannot act validly without the consent of
the council. There is, however, no obligation to act for a superior who
has obtained the consent of the council. For example, the superior who
obtains in accord with the law the consent of the council to alienate a
piece of property is not obliged to alienate the property after having ob-
tained the consent of the council. The prevailing principle is that the
council may restrain the superior from acting, but it cannot force the
superior to act.
Although the superior is not forced to act by either a deliberative or
consultative vote of the council, seems unwise for a superior, without
it

serious reasons of conscience, to act differently from the expressed

understanding of the council. In context with the whole of the section
of canons on governance, the superior is directed by the Church to listen
to the other members of the institute, to earn their trust, and to foster
their responsive and responsible cooperation for the good of all (see CC
618; 619; 628, §3; 630, §5; 559 §1). The council is a select group of these
members.
To achieve the intent of the law of governance, most superiors meet
regularly with their councils. Some institutes in their particular law
specify the minimum number of times for these meetings. On the local
level the determination of councils and their meetings with the local
superior ordinarily depends on the need of the local community.
When seeking the deliberative or consultative vote of the council, the
superior is moreover required to act in conformity with CC 127 and 166.
C 127 treats valid juridic acts by a superior.
If the law prescribes con-
sent or advice from the council, or any group, the superior must con-
vene it according to C 166 unless proper law allows otherwise for acts
requiring only advice. In matters requiring advice the superior must seek
84 / MARGARET MARY MODDE, O.S.F.

itfrom each one in the group; in matters requiring consent the superior
must obtain it from an absolute majority of those present. If the law
prescribes further consent from certain individuals, the superior is obliged
to obtain it. If only advice is required, it suffices that the superior hear
it. A superior should not act contrary to advice received, except for over-
riding reasons. Those who give consent or advice should do so sincerely
and should maintain secrecy on matters which require it. The superior,
moreover, may oblige them to secrecy.
C 166 requires that the superior convoke the council by notifying each
member. If a member of the council is overlooked in the notification,

the meeting is nevertheless valid. Upon the insistence of the member

overlooked, however, together with proof of the oversight, any decision
of the council made without that member, even if confirmed by the
superior, must be overturned by the competent authority if it is juridically
established that recourse to the competent authority was made within
at least three days from the member's receipt of the notice of the action
being taken. If more than one- third of the council was overlooked, any
action taken by the remainder of the council is null and void by law unless
all those overlooked were nevertheless present for the acts of the council.

CC 127 and 166 support the participation of members in key deci-

sions of the institute. They also provide for dialogue by the superior and
the greater competency of the superior in the exercise of authority.
To further the participation of members in assisting the supreme
moderator, some religious institutes have introduced what is often called
the enlarged or extended general council. The enlarged or extended coun-
cil can promote on a broader basis a jointly responsible participation by
the members of the institute in their life and in the on- going renewal
of the institute. More so than other groups, an extended general council
is an organ of collaboration with the supreme moderator and the general

council. Its purpose is a better exercise of authority and of shared respon-

sibility in dealing with the more important issues of life in the institute.
Its ex officio members usually include the supreme moderator and the

general council, the provincials, or other superiors, and also the general
treasurer and the general secretary. Other individuals may be invited
to participate as observers or presentors.
The enlarged or extended general council is an advisory and consul-
body distinct from the general council. It is a structure to aid the
tative
supreme moderator and the council and not a structure to impede their
work. Constitutions should define clearly and precisely the function and
power of the extended council if such a body is desired or already exists. 10
 Religious Houses and Governance / 85

C 633 governs the enlarged or extended general council and cautions a

wise discretion in its use and its way of proceeding.
Probably the most important point to keep in mind on councils is that
the role of its members is that of councilor to the superior. The advice
given to superiors comes from hearing the concerns of members.

C 628

§1. Superiors who are designated for this function by the proper law of the
institute are to visit the houses and members entrusted to them at the times
designated by the norms of this same proper law.

§2. It is the right and the duty of the diocesan bishop to visit even with respect
to religious discipline:

1° autonomous monasteries mentioned in can. 615;

2° individual houses of an institute of diocesan right situated in his territory.

§3. Members are to deal in a trusting manner with a visitator, whose legitimate
questions they are obliged to answer according to truth in love; moreover no
one is permitted in any way to divert members from this obligation or otherwise
to impede the scope of the visitation.

C 628 states the second major duty of religious superiors. They are to
visit the houses, members, and works of the institute. Members are to
cooperate with their religious superiors to achieve the purposes of these
visitations. Proper law determines the times for these visitations.
by higher superiors have a long history in religious life.
Visitations
This practice is viewed both negatively and positively by superiors and
members of institutes. It seems significant that the Code retains the prac-
tice for religious institutes. Visitations can be seen as opportunities for
a mutual exchange of understandings and an honest evaluation of the
life of the community. The visitator 's role often includes reviewing the

lifeand work of members of institutes, their spiritual and financial con-

dition, and the fidelity of the community to its spirit, charism, tradi-
tions, and constitutions. Proper law determines these details.
The purposes of the visitation frequently include the offering of serv-
member or community by providing an objective point of view.
ice to a
The visitator may be of assistance to individuals to realize their poten-
tial and to clarify their ideals. The visit can in itself be a freeing force
for the member or the community.
Visitations can also be an effective structure for accountability of
members to their profession.They can cause a member or community
to examine their particular goals and value systems as well as to assess
who they are as juridic persons and who they wish to become. Visita-
86 / MARGARET MARY MODDE, O.S.F.

tions can also cause a member or community to face certain difficult ques-
tions. In some cases a visitation does not achieve its purpose because of
the lack of preparation. For this reason visitators and the community
should prepare themselves in advance of a visitation.
A visitation may serve the whole Church by helping a community
of the institute to seehow it relates to the institute and the Church as
a whole. Through well-planned visits the visitator can encourage a bet-
ter use of talents by causing the individual and the community to ex-
amine whether they should enlarge or restrict their horizons.
A visitation is often placed in a faith context.
Such a context requires
spiritual preparation on the part of the visitator and on the part of the
community being visited. A good visitator asks the community to prepare
for the visit by clarifying its spiritual ideals and goals and by sending
this data in advance of the time scheduled for the visit. During visita-
tions, a visitator, as any superior, is not concerned with the internal
manifestation of conscience by members. The focus is kept on external
life and work.

A visitator should be a person who is well informed and experienced

in the life of the institute and one who relates well with persons of dif-
ferent and varying types of personalities. Sometimes a team of visitators
is good, since the members of the community then have a choice of one

with whom to speak.

The obligation of the visitator includes the task of making judgments
based on the oral and written data received from the visitation. Other
tasks concern the promotion of growth in the community through ad-
vice given to members, convincing community members of their poten-
tial, helping the community with ways and means of self-correction,

assuring implementation of decisions arrived at during a visit, submit-

ting a formal report to the highest superior, and obtaining a response
from those to whom the formal report is submitted. If the visitator 's tasks
are done well, visitations are generally perceived as helpful by members.
The religious superior is not the only person with the right of visita-
tion. For an autonomous monastery of C 615 and for houses of diocesan
right in his diocese, the diocesan bishop has the right and obligation for
visitation. C 683 speaks of the bishop's visitations to churches, oratories,
schools, and other works of the diocesan apostolate entrusted to religious
of various institutes. In visitations of these works, the bishop focuses on
the work as it relates to the diocese and not on the institute or its inter-
nal life and work.
Members of institutes are required by the last part of the canon to
receive a visitator trustingly and to answer the visitator's questions with
 Religious Houses and Governance / 87

truth and love. C 628, §3 clearly forbids any member to impede other
members in presenting the truth as they see it or to block the purposes
of the canonical visitation in any way.
The last paragraph of C 628 also calls religious to assist their superiors
in their role of accountability for the life and work of the institute and
in their role for the service of authority in the Church. Through mutual
participation in self-evaluation and in self-criticism, with honesty and
love, religious can expect an increasingly effective role in the Church.

C 629
All superiors are to reside in their respective houses and not absent themselves
from it, unless according to the norm of proper law.

This short canon on the third major duty of superiors should be read in
light of the major duties of a superior and in light of Vatican II's call
to the implementation of the principle of subsidiarity and the service of
authority. Superiors are to be available to those they serve. To do this
they need to live among those they serve as one of them. But in no way
should this canon, which repeats its forerunner, CIC 508, be read in a
restrictive manner as its forerunner sometimes was. Not every house
necessarily needs a superior in residence. If the superior is readily available
to a designated house and members, the requirement of the canon seems
to be met.
The role and need for presence of a superior at a specific place depends
very much upon the other members of the group at that place.
Motherhouses, novitiates, houses of study, and retirement houses perhaps
need a resident superior; obviously, smaller houses and more experienced
and able groups do not. Particularly in small groups of two or three
members, there may be a superior who is not resident with the group
but to whom the group is accountable. 20 Local members can easily assume
the administration for the house in many instances without a superior
being present at all times. The role and presence of a local superior should
be determined by the situation, need, values, and capabilities of the
group. Proper law specifies this role.
Local superiors, whether they have residence in the local house or
not, do have personal authority. After dialogue and consultation with
other members, they may make decisions which are for the good of the
group or of its individuals and for the good of the institute as a whole
in regard to the group. By their vow of obedience, members are obliged
to obey the directives of the superior for implementing the decisions made
(C 601).
88 / MARGARET MARY MODDE, O.S.F.

The principle of subsidiarity can best be implemented through

members' fostering a proper attitude toward the role of local superiors
in the institute. A local superior fosters unity. Having a person to exer-
cise personal authority in the local area of the governmental structure
is an attempt to promote greater dialogue and trust among members,

yet it allows for recourse to a higher superior when necessary. It relieves

major superiors of a significant amount of day-to-day "care-taking" and
allows them more time to decide upon and to implement short- and long-
range plans of the institute. It also develops individuals for service as
superiors in all areas of governance.

C 630

§1. Superiors are to recognize the due freedom of their members concerning
the sacrament of penance and the direction of conscience, with due regard
however for the discipline of the institute.

§2. According to the norm of proper law superiors are to be solicitous that
suitable confessors to whom they can confess frequently be available to members.

§3. In monasteries of nuns, in houses of formation and in more numerous lay

communities there are to be ordinary confessors approved by the local ordinary
after consultation with the community; members nevertheless have no obliga-
tion to approach them.

§4. Superiors are not to hear the confessions of their subjects unless the latter
request it of their own initiative.

§5. Members are to approach superiors with trust, to whom they can express
their minds freelyand willingly. However, superiors are forbidden to induce
their subjects in any way whatever to make a manifestation of conscience to them.

The thirteen canons on confessors which formed the second chapter on

governance in the 1917 Code are now collapsed into this one canon.
C 630 appears to affirm the freedom of conscience of the individual
member. 21 This affirmation reflects Vatican IPs development of the
Church's fundamental doctrine of religious freedom. From this principle
of freedom flows the function of the Church to enable the spiritual and
human development of all people. 22
To further the development of an individual's freedom of conscience,
superiors are to be solicitous according to proper law that suitable con-
fessors are made available to members. No particular faculties are now
required by the Code for hearing the confession of members of institutes
nor are members under obligation by law to present themselves to any
specific confessor.
In monasteries of nuns and in houses of formation or other lay com-
munities with numerous members, ordinary confessors are to be made
 Religious Houses and Governance / 89

readily available for those persons living there. The appointment of these
confessors by the Ordinary is done only after conferring with the par-
ticular community.
In order to protect both members and superiors against any viola-
forum, C 630 requires that superiors of clerical orders
tions of the internal
not hear the confession of another member of their group unless requested
to do so by the member. On the other hand the canon once more en-
courages the members of the institute to approach their superiors with
trust. This initial goodwill may lead them to share with each other the
Spirit within them. Although the canon highlights the pastoral role of
the superior, it simultaneously protects members from receiving care they
may not want by clearly stating that the superior may not in any way
induce the member to reveal matters of conscience.

Chapters

The on chapters, which includes the three canons numbered

article
631-633, new. In the 1917 Code there are only broad references to
is

chapters in the canons on government of institutes (CIC 501, 506, 507).

Their definition and operation is assumed. The 1983 Code defines
chapters by their function and by their distinction from other participative
and consultative bodies within the institute. It does not, however, deter-
mine the many practical details such meetings of the institute involve.
Proper law is responsible for determining such detail (C 631, §2). Details
should be in accord with the universal law in its determination of the
power of governance for the institute (see especially CC 131, 148, and
166).

C 631

§1. The general chapter, which holds supreme authority in the institute ac-
cording to the norm of the constitutions, is to be so formed that, representing
the entire institute, it should be a true sign of its unity in love. Its foremost duty
is this: to protect the patrimony of the institute mentioned in can. 578, and pro-
mote suitable renewal in accord with this patrimony, to elect the supreme
moderator, to treat major business matters and to publish norms which all are
bound to obey.

§2. The composition and power of the chapter is to be de-

the extent of the
fined in the constitutions; proper law
determine further the order to be
is to
observed in the celebration of the chapter, especially regarding elections and
procedures for handling various matters.
90 / MARGARET MARY MODDE, O.S.F.

§3. According to norms determined in proper law, not only provinces and
local communities but also any member at all can freely send his or her wishes
and suggestions to the general chapter.

A general chapter is constituted in such a way that the spiritual character

of the institute is evident. It is a sign of an institute's unity and love. It

represents members and holds the highest authority in the institute

all the
during the time it is in session. Through its basic constitution it is a col-
legial body whose members have identical rights and who therefore share
authority for the laws and for the extraordinary government of the in-
stitute. Its authority, however, neither derogates nor conflicts with the
ordinary authority of the superior, who by right is president of the
chapter.
The function of the general chapter is fivefold. It first guards the in-
stitute's particular patrimony, designated in C
578 to mean the nature,
end, spirit, character, and an up-
traditions of the institute. It promotes
dated renewal of the institute in accord with its needs and means. It also
elects the supreme moderator and treats major business matters. Finally,
it draws up the necessary norms with which all are held to comply.

The constitutions are required by the universal law to state the com-
position and the extent of power of the general chapter (C 587) Proper .

law be observed in the chapter, especially that for

details the order to
elections and other business. Further details usually are contained in
directories of policies of the institute.
The supreme moderator may delegate someone to preside at the
chapter. This arrangement can release the superior for fuller participa-
tion in the discussions and deliberations of the chapter. The chapter
moderators appointed by the supreme moderator do not need to be
chapter members. Some religious institutes employ moderators from other
religious institutes in order that the sessions of the chapter can be con-
ducted with the greatest possible objectivity on the part of the moderator.
A pre-chapter committee on planning for the chapter is usually ap-
pointed by the supreme moderator in consultation with the council. Other
ways committee may be used. The commit-
for selecting a pre-chapter
tee should not be too large and should be representative of the institute.
The usual duties of the committee include preparing the agenda and the
chapter process and obtaining appropriate presentors and staff for the
chapter. All the work of the committee is done in conjunction with the
supreme moderator and the council. When the chapter convenes for its
first session, the members of the chapter usually approve or disapprove

the proposed agenda, process, presentors, and staff.

 Religious Houses and Governance / 91

Resource persons may be invited to attend the chapter sessions. These

persons have neither vote nor voice in decisions by the chapter. A chapter
may object to giving the supreme moderator and the council the authority
However, given the necessity to engage resource
to select resource persons.
two years in advance of a chapter, a practical approach
persons a year to
must be taken by chapter members toward this situation. Chapter
members, nevertheless, after they convene as a chapter always retain the
right to approve or disapprove the selection of resource persons.
The second pointof the canon requires that the constitutions of the
institute further determine the ex-officio members of the chapter. The
general chapter sets the number of elected delegates for the next chapter
and the method of their election, unless the constitutions state otherwise.
In some institutes the number of elected delegates and the method of
their election is left to the discretion of the supreme moderator and the
council. Canon law sets no guidelines for this decision but leaves it to
the proper law of the institute.
The composition of general chapters has been a source of questions
in many institutes. This issue mainly centers on the advantage or disad-
vantage of a delegate chapter vis-a-vis a full participatory chapter. An
institute may not have a full participatory chapter unless it has been ap-
proved in the constitutions of the institute or unless the institute has ob-
tained a special indult of the Holy See. The decision to allow such a
chapter is usually based on the tradition of the institute or on the fact
that the institute is fewer than one hundred members who are
geographically situated in such a way that all may attend the chapter
sessions. 23
It is imperative to safeguard the active and passive vote of each
perpetually professed member of the institute to elect chapter delegates
and to be elected as a delegate to the chapter. Active and passive voice
is member as designated by the constitutions and can-
a vested right of a
not in any way be arbitrarily denied a member. 24
In order to have more participation and input into delegate chapter
deliberations, some institutes have designed a process for the general
chapter to involve the non-chapter members in dialogue previous to any
decision-making by the chapter members. Such a process can more eas-
ily be done in nationally contained institutes rather than in large inter-
national institutes.
Chapters sometimes conduct a session on elections separate from
meetings on business affairs and legislation. To provide for a smooth tran-
sition of persons elected to particular services, some institutes hold their
chapter of elections previous to the chapter of affairs. This practice should
92 / MARGARET MARY MODDE, O.S.F.

be noted in the consitutions of the institute, and the elections should not
be held sooner than six months before the day of vacancy of the office
(C 153). Institutes who conduct the chapter of affairs in advance to the
chapter of elections claim the advantage of electing those members most
qualified to implement the decisions of the chapter. Nothing precludes
an institute's deciding for itself how best to arrange its sessions of elec-
tions and affairs.
The merit of on-going chapters versus chapters held every three, four,
or six years to coincide with the chapter of elections has been an issue
in religious institutes. It is to be remembered that a general chapter or

a provincial chapter is an event in the life of the institute or province.

Neither a greater frequency of chapters nor the practice of on-going
chapters allows for implementation and evaluation of the work of the
chapter. Nor do frequent or on-going chapters allow for adequate in-
depth preparation for the next chapter. Through these deficiencies the
impact of the chapter on the institute is lessened and members, in general,
pay less attention to the chapter. The general chapter thereby deteriorates
as a sign of unity and love in the whole institute.
As a rule chapters ought not extend beyond the time necessary to ac-
complish their respective tasks. Once the time needed to accomplish its
task is completed, the chapter should be closed, and the implementation
of the decisions should be entrusted to the persons elected to administer
the institute. At the close of the chapter, the delegates and ex-officio
members of the chapter have no further capitular authority. The con-
stitutions ought to provide for an extraordinary chapter in addition to
the ordinary ones to decide on unforeseen business of an extraordinary
nature.
Every member of the institute should be aware of contributing to
the work of a chapter. Any province, local community, or individual
may freely send wishes and suggestions to the general chapter. Chapter
members in receiving these suggestions will need to sort out carefully those
suggestions that fit into the scope and competency of the chapter.
In meeting the tasks of the chapter, institutes may need the reminder
that Vatican II called institutes to renew their structures, but it did not
tell them overdo structural reorganization in ways that become ends
to
in themselves and their purpose lost. The process of reorganization should
further Christ's reign. It should not damage the gifts of persons or of goods
organized to achieve this end. This caution applies equally for superiors,
members, chapters, and other bodies of the institute.

C 632
Proper law is to determine clearly what pertains to other chapters of the in-
 Religious Houses and Governance / 93

stitute and other similar gatherings, namely, regarding their nature, authority,
composition, mode of procedure and time of celebration.

In addition to the general chapter, an institute may have provincial,

regional, or local chapters. These are to be clearly defined in the proper
law of the institute and distinguished from other gatherings of members
which are representative of the membership. Each gathering has its own
nature, authority, composition, mode of procedure, and time of celebra-
tion as determined by proper law.
Provincial and regional chapters are convoked and conducted in a
manner very similar to general chapters in most institutes. Frequently
the constitutions of an institute with provinces states that the province
conducts its own chapter, elects its own provincial, and determines its
own statutes subject to the approval of the supreme moderator and the
council of the supreme moderator. The decisions of the province are not
to contradict the laws of the institute in any way but are to support the
purpose of the institute.
The constitutions of the institute also state the powers of a provincial
superior in relation to those of the supreme moderator. A regional superior
may have fewer delegated powers due to a greater dependency of regions
on the institute for personal and material resources. Regions established
by the institute in other countries may be granted powers similar to those
of a province to allow a quicker and more apt adaptation to local customs
in matters such as admissions of new members and conduct of business
affairs.
Some have a tradition of local chapters for conducting the
institutes
business of a local house, and even for electing a local superior subject
to the approval of the major superior. If local chapters are not the prac-
tice of an institute, many institutes through their proper law have set
a structure of regular house meetings for determining goals, practices,
and rules of the local house. Usual areas for decisions at such meetings
include provisions for regular community prayers and participation in
the sacramental life of the Church, designation of times and places re-
served for the community, setting of an annual house budget, and ways
for ameliorating personal conflicts.
As in general chapters, chapters of other kinds in the institute are
best conducted in an explicit faith context. A scriptural theme for the
year or for the meeting challenges the attention of the group. Times for
prayer, hymns, meditation, reflection, and faith-sharing may well be
a regular part of the meetings as links with the life of the institute as
a whole. Because emphasis is on community life in such local meetings,
94 / MARGARET MARY MODDE, O.S.F.

rather than on government, the conduct of local meetings is often treated

in the constitutions of the institute under the title of community life.

Aside from chapters conducted in various parts and houses of the in-
stitute, similar gatherings of a collegial nature are conducted in some
institutes to renew and enrich the spirit and charism of the institute in
some way. Some institutes host "community days" several times a year
for the institute as a whole. Others set meetings for parts and houses of
the institute. Still others conduct a "general assembly" of all members
every two, three, or four years, or "forums" of parts and houses of the
institute. Like the chapters of the institutes, each of these gatherings has
its particular role carefully delineated by the institute in its proper law.

C 633

§1. Organs of participation or consultation are to carry out faithfully the duty
entrusted to them according to the norm and proper law and to
of universal
express in their own way the concern and participation of all members for the
good of the entire institute or community.
§2. Wise discretion is to be used in establishing and using these means of par-
ticipation and consultation, and their procedures are to conform to the character
and purpose of the institute.

The Church through C 633 encourages organs of the institute for partici-
pation and consultation in an institute. These are to be delineated and
guided by the proper law of the institute. They should express the in-
volvement and concern of all the members of the community for the good
of the whole (PC 14, ff). The powers of these organs as consultative or
legislative must be clearly defined in the proper law of the institute.
Chapters may establish on-going and ad-hoc commissions, boards,
panels, and committees to study certain areas such as ministry, admis-
sions, finances, and elections. If so, the chapter should designate their
consultative function by directing their establishment and use in general
and by indicating to whom each group is accountable.
To promote an awareness of individual and human rights in insti-
tutes, some chapters have established an organ for resolving inter-
community grievances. These are often referred to as instruments for con-
flict resolution or for reconciliation. In the establishment of such organs
should be taken that the rights of superiors
in institutes, particular care
inaccord with universal and proper law are in no way contradicted or
diminished. Those who exercise power in any way in the use of such
organs must be familiar with the universal and particular law on the
nature of religious life and they should be competent in demonstrating
spiritual as well as practical solutions for interpersonal conflict. Other-
 s

Religious Houses and Governance / 95

wise, institutes risk supporting willfulness and self- righteousness in

members more so than developing their awareness of individual and
human rights.
A final word is in order for the governance of religious life. In plan-
ning organs for participation and consultation, an institute should guard
against overstructuring. Simplicity is still a desirable norm for living
religious life structurally as well as spiritually. Too much participation
and consultation, as well as too little, can dull the enthusiasm of members
for the vital life of the institute. An appropriate balance of organs of
authority with organs for participation and consultation is necessary.

NOTES
1. For a critique of the pyramid model of the Church see Kress, R., "Membership

and Leadership in the Church," Jur 42 (1982) 29-69, esp. 34-42. For a critique of the
paradigm of the head and body of Christ, see Dulles, A., Models of the Church (New
York: Doubleday, 1974) esp. 20-21 and 46-57, and NCCB, As One Who Serves
(Washington: USCC, 1977) II, A, 3. Although both models, as all models, have weaknesses,
they also have strengths. The faithful in general are familiar with them, and for this reason
alone they can be more useful than others to describe the Church's use of authority and
to indicate its proper use. The paradigm of the head and body of Christ is applied to describe
Church government in the brief study, Modde, M., "Governance in Institutes of Con-
secrated Life," CLSAP 43 (1981) 184-93.
2. Both Dulles and NCCB, supra, recognize Vatican II's use of the image of the People
of God as a helpful corollary to the Church's traditional image of itself as Body of Christ.
A similar corollary occurs in LG where the image of the Trinity is presented in LG 2-4
as abroadened image of Christ the Light of Nations, the foundational image in LG 1.
These interacting images prepare for the introduction of the Church as both the mystery
of Christ, LG 4-8, and as the People of God, LG 9-17. Kress, 50-51, affirms the impor-
tance of the concept of the Trinity in the history of democratic governments. Through
the doctrine of the Trinity, Christian monarchies can be seen to develop beyond the
monotheistic imperialism and totalitarianism of oriental and non-Christian monarchies.
Attention to this fact and to Vatican II's use of trinitarian imagery in LG 1-8 can aid
further development of Christian forms of government.
3. The presentation of many key words of Vatican II is undertaken by J. M. R. Tillard's
"Restructuring Government," an appendix to R. Voillaume's Religious Life in Today
96 / MARGARET MARY MODDE, O.S.F.

World. Vita Evangelica, no. 4 (Ottawa: CRC, 1970) 285-301. The key word "co-
responsibility" is the subject of twelve essays in J. Coriden, ed., Who Decides for the Church?
(Hartford: CLSA, 1971).
See Dulles, A., "The Church," The Documents of Vatican II, ed. W. Abbott (New
4.

York: Guild Press, 1966) 12. Noting the overall structure of LG to present the dignity and
responsibilities of lay Christians, Dulles explains the overall role of authority in the Church
to be one of service for the Church's total mission. This concept is frequently assumed
in discussions of Church authority.
5. "The Church," 12, and J. C. Murray, "Functions of Authority in the
Dulles,
Church," in Code, Community, Ministry, ed. J. Provost (Washington: CLSA, 1982-1983)
1-11, esp. 7. Dulles points to Vatican II's starting with people, not structures and govern-
ment, in the development of its concept of Church; Murray notes a different arrange-
ment by Vatican II of the traditional four themes on Church, and its beginning with the
concept of Church as community rather than the concept of Church as society. From these
new starting places a different approach to the meaning of the Church and its authority
is made possible.
6. Ibid., P., "A Methodological Reflection on the Section 'Institutes
and Huizing,
of Consecrated Life' in the Schema Codicis luris Canonici," fur 42 (1982) 180-91. With
a discussion group of seven Huizing examines the changing methods of Church law, the
blending of theological and spiritual elements with the juridical, and the weaknesses in
the new methods of law-making from the standpoints of clarity and legal force, of creative
processes and local initiatives, and of religious identity and spiritual power. Huizing sees
introduction of spiritual elements into law as self-defeating unless there is a future legal
system founded on theological constitutional principles.
7. Linscott, M., "The Service of Religious Authority," RfR 42 (1983) 197-217, esp.
217. Linscott presents an exegesis of the authority of Jesus for application by religious.
A yet broader understanding of the spiritual dimensions of authority needed by religious
is given by R. Voillaume, 164-65. For the achievement of humanity's essential task to
govern existence Voillaume sees the need to join the laws of Christ with that of divine
transcendence of human limits to direct life as a whole.
8. For the kinds of documents of the Church which may contain law, see Morrisey,

F., The Canonical Significance of Papal and Curial Pronouncements (Hartford: CLSA,
1974). Morrisey lists and explains thirty-one types of papal pronouncements and fourteen
types of curial documents. The binding force of the documents increases in proportion
to the legislative nature of a document as contrasted with its doctrinal nature. For specific
post-Vatican II documents presenting religious law, see CLD on CIC 487-681 (New York:
Bruce, 1963-; Chicago: Chicago Province S. J., 1968-; Mundelein, Chicago Province S.

J., 1973-) and documentary services such as ConLife (Boston: Daughters of St. Paul, 1977-).
9. See Murray, 11; also see Fleming, D., "Hope-filled Deeds and Critical Thought,"
in Religious Life Tomorrow, Donum Dei, no. 24 (Ottawa: CRC, 1978) 49-50 and 53-54;
Schneiders, S., "Toward a Theology of Religious Obedience," in Starting Points, ed., L.
A. Quinonez (Washington: LCWR, 1980) 59-85, esp. 62-63; and Schillebeeckx, E., Ministry
(New York: Crossroad, 1981), esp. IV: 4, andEach of these sources treats post-
99.
Vatican II concerning authority and obedience Church life. S. Holland details specific
in
tensions in authority for religious in "Governmental Stumbling Blocks," New Catholic
World (May-June 1983) 122-24.
Minutes, Consilium "16", 79: 12/22; 80: 1/25; and 80;
10. See Linscott, esp. 314-17;
2/29; and Couesnongle, V., "Structures of Participation and the Future of Religious In-
stitutes," in Mass Media and the Future of Religious Life, UISG 25, no. 3 (1972) 25-39.

Each of these sources discusses basic inadequacies in structures for religious government.
 Religious Houses and Governance / 97

and the Church Lawyer" and "National Church Struc-

11. See Griffin, B., "Subsidiarity

tures," in J.
and 48-52, esp. 51-52, with Morrisey, F., "The Significance
Provost, ed., 47
of Particular Law in the Proposed New Code of Canon Law," CLSAP 43 (1981) 1-17.
The first author summarizes the second. Both encourage consistent use of the principle
of subsidiarity in applying the Code's concessions to proper law, the latter being the Code's
way to relieve tensions created by the universal law. Both authors, however, foresee new
tensions developing through applying the principle of subsidiarity because of multiple na-
tional, regional, and church structures; divergent local values; slow consensus; and
local
a general tendency, esp. for Americans, to over-legislate. The new Code, as shown by
McDermott, R., "Schema: Revision or Update?" CLSAP 42 (1980) 129-30, uses the prin-
ciple of subsidiarity more moderately than in the draft canons. Further studies such as
Kinney, J., "Rights and Duties of the Faithful in the Schema," CLSAP 42 (1980) 107-14,
and Provost, J., "Rights for Christians," New Catholic World, (May-June 1983) 110-12,
show that the Code incorporates into the text rights of the faithful which were formerly
proposed as a separate document, i.e., Lex Fundamentalis. This shift lessens the focus
on making decisions and laws in the development of Church relationships and increases
the focus on honoring various persons and groups and their basic dignity and responsi-
bility as Church. C 611 clarifies the fact of appropriate rights and areas for subsidiarity
for institutes and dioceses.
12. See Morrisey, F., Pronouncements, and Alesandro, J. "Particular Legislation," in

J. Provost, ed., 24-27, esp. A, B, C,

and F. 5. The universal law guides statements of
proper law. Particular law has many forms and sources. The law of one specific local unit
is more precisely known as its proper law.

13. See O'Connor, D., "Government," Seminar on Religious Law, CLSAP 40 (1978),
91-99. A number of O'Connor's points on the fact and role of a superior's exercise of author-
ity are summarized here. See also Modde, M., Manual for Writing New Constitutions

(Zumbrota, Minn.: Sommers Printing, 1979) 55-56.

14. Ibid., and S. Holland, 123. Both O'Connor and Holland treat the importance of
a superior's style of exercising authority.
15. Cf. Creusen, J., Religious Men and Women in Church Law (Milwaukee: Bruce,
1958) 34. Other practical reasons may determine an institute's decision to divide into smaller
units.
16. See Minutes, Consilium "16", 80: 2/29.
17. CLD 8, 356.
18. Ibid.
19. See O'Connor, 96 and ConLife 2 (1978), 149-51.
20. CLD 8, 347.
21. M. Modde, 186.
22. See Murray, J., "Religious Freedom," in Abbott, 672-74, and fnn. 3-5, 676-79.
The principle of religious freedom fundamental to the development of doctrine itself
is

and to objective truth. This not identical to freedom of conscience; such identifi-
freedom is

cation can lead to subjectivism. It does not, however, contradict freedom of conscience.
Rather, this traditional understanding of religious freedom is placed within proper perspec-
tives of con-joined Church and civil orders.
23. CLD 8, 357. A useful study of the conduct of chapters to include input from all
members appears in ConLife 2 (1978) 175-84. See also O'Connor, and Modde, Manual,
57-61.
24. Neither CC 208-23 nor CC 662-72 bestows the right of active and passive voice
to religious. However, C 687 on exclaustrated members mentions the curtailment of this
right and thus assumes its universality.
98 / MARGARET MARY MODDE, O.S.F.

BIBLIOGRAPHY
Abbott, W., ed. The Documents of Vatican II. New York: Guild Press, 1966.
Alesandro, J. "Particular Legislation." In Code, Community, Ministry, 24-27. J. Provost,
ed. Washington: CLSA, 1983.
Consilium "16". Minutes: 79:1222, 80:125 80:229. ,

Coriden, J., ed. Who Decides for the Church? Hartford: CLSA, 1971.
Couesnongle, V. "Structures of Participation and the Future of Religious Institutes."
In Mass Media and The Future of Religious Life. UISG 25, no. 3 (1972) 25-39.
Cruesen, J. Men and Women in Church Law. Milwaukee:
Religious Bruce, 1958.
Dulles, A. Models of the Church. New York: Doubleday, 1974.
Dulles, A. "The Church." In The Documents of Vatican II, 9-13. W. Abbott, ed. New
York: Guild Press, 1966.
Fleming, D. "Hope-filled Deeds and Critical Thought." In Religious Life Tomorrow.
Donum Dei, no. 24 , 41-56. Ottawa: CRC, 1978.
Griffin, B. "Subsidiarity and the Church Lawyer." In Code, Community, Ministry, 47.

J. Provost, ed. Washington: CLSA, 1983.

Griffin, B. "National Church Structures." In Code, Community, Ministry, 40-52.
J. Provost, ed. Washington: CLSA, 1983.
Holland, S. "Governmental Stumbling Blocks," New Catholic World (May-June 1983)
122-24.
Huizing, P. "A Methodological Reflection on the Section 'Institutes of Consecrated Life'
Schema Codicis Iuris Canonici." fur 42 (1982) 180-91.
in the
Kinney, "Rights and Duties of the Faithful in the Schema," CLSAP 42 (1980) 107-14.
J.
Kress, R. "Membership and Leadership in the Church," Jur 42 (1982) 29-69.
Linscott, M. "The Service of Religious Authority," RfR 42, no. 2 (1983) 197-217.
McDermott, R. "Schema: Revision or Update?" CLSAP 42 (1980) 124-31.
Modde, M. "Governance in Institutes of Consecrated Life," CLSAP 43 (1981) 184-93.
Modde, M. Manual for Writing Constitutions. Zumbrota, Minn.: Sommers Printing, 1979.
Morrisey, F. The Canonical Significance of Papal and Curial Pronouncements. Hartford:
CLSA, 1974.
Murray, J. C. "Freedom, Authority, Community." In Code, Community, Ministry, 1-11.
J. Provost, ed. Washington: CLSA, 1983.
Murray, J. C. "Religious Freedom." In The Documents of Vatican II, 672-74.
W. Abbott, ed. New York: Guild Press, 1966.
National Council of Catholic Bishops. "In the Church," As One Who Serves, II., A., 3.
Washington: USCC, 1977.
O'Connor, D. "Government." Seminar on Religious Law. CLSAP 40 (1978) 91-99.
Provost, J., ed. Code, Community, Ministry. Washington: CLSA, 1983.
Provost, J., ed. "Rights for Christians," New Catholic World (May-June 1983) 110-12.
Schillebeeckx, E. "Tensions between Actual Church Order and Alternative Practices in
Ministry." Chapter IV in Ministry, 75-99. New York: Crossroad, 1981.
Schneiders, S. "Toward a Theology of Religious Obedience." In Starting Points, 59-85.
L. A. Quinonez, ed. Washington: LCWR, 1980.
Tillard, J. M. R. "Restructuring Government," appendix to Religious Life in Today's
World, R. Voillaume. Vita Evangelica, no. 4, 285-301. Ottawa: CRC, 1970.
Voillaume, R. "The Freedom of the Children of God." Chapter X in Religious Life in
Today's World. Vita Evangelica, no. 4, 157-77. Ottawa: CRC, 1970.
Temporal Goods
Canons 634-640

Joan de Lourdes Leonard, C.SJ.

As an aspect of the governance of the institute, article 3, CC 634-640

(corresponding to CIC
531-537), deals solely with goods corporately
owned and administered by the religious institute; it does not apply to
goods that may be personally owned or acquired by the individual
religious. These goods do not belong to the religious institute,
latter
although, in some instances, the institute may agree to assume the
management of these patrimonial goods as a trust and a service in behalf
of the religious. Personally owned goods are governed by the requirements
of the vow of poverty, especially C 668, which is treated elsewhere in
this volume.

NOTION OF TEMPORAL GOODS

Temporal goods may be defined as material things of a corporeal nature,
whether movable or immovable, as well as incorporeal things of a
monetary value, whether real or personal, such as legal rights and obliga-
tions, titles, offices, annuities, etc. Spiritual things are not included in
the category of temporal goods, although they constitute the essential
patrimony of the Church, e.g., divine worship, the sacraments, etc. Yet,
material resources are necessary in order to give support to the spiritual
purposes of the institute and provide a degree of stability for the pursuit
of temporal and eternal goals.

PATRIMONIAL GOODS
The term "patrimonial goods" has sometimes been applied to the tem-
poral goods of the Church. In the revision of the Code, however, this

99
100 / JOAN DE LOURDES LEONARD, C.S.J.

expression was specifically rejected when the members of the Commis-

sion were reminded that "patrimony" is much wider than temporal goods.

ECCLESIASTICAL GOODS

The term "ecclesiastical goods" is used instead of "temporal goods"

whenever the canons are dealing with the goods of a public juridic per-
son in the Church (C 1257, §1). It is not, however, usually applied to
the goods of a private juridic person (C 1257, §2).

IURIDIC PERSONS

CC 113-123 distinguish between physical and juridic persons. However,

and respon-
juridic persons, like physical persons, are the subjects of rights
sibilities which accord with their nature as set forth in the law (C 113).

A juridic person is constituted either by prescription of the law itself or

by a decree which is expressly given by the competent authority. Whether
made up of persons or things, the juridic person in canon law bears some
analogy to the corporation in civil law. It is a corporate entity made up
of persons or things, which, within the scope of its competence, has the
right, as a public juridic person, to act in the name of the Church; lack-
ing this right, it is known as a private juridic person which acts in its

own name. As a legally constituted entity, apart from the individual per-
sons who comprise it, the juridic person carries on its corporate business,
in accord with the norms of law, through duly appointed agents who
enjoy competence to act in the name of the body, within the limits of
them by constitutive or statutory law. They
the respective roles assigned
have responsibility and accountability for carrying out the formalities
required either by particular or universal law for the validity of juridic
acts.

C 634

§1. Institutes, provinces and houses, insofar as they are juridic persons by the
law itself, are capable of acquiring, possessing, administering and alienating tem-
poral goods, unless this capacity has been excluded or restricted in the
constitutions.

§2. Nevertheless, they are to avoid all appearance of luxury, immoderate wealth
and amassing of goods.

RELIGIOUS INSTITUTE AS PUBLIC IURIDIC PERSON

The basic premise underlying the religious institute's right to acquire,

possess, administer, and alienate temporal goods is that it has been con-
 Temporal Goods / 101

stituted a public juridic person i.e., it has been given a corporate existence
apart from the individual persons who comprise it. Therefore, in canon
law, it is the subject of rights and obligations which accord with its nature
and purpose (C 113, §2). This canonical status is conferred on the in-
stitute as a whole by an ecclesiastical process of erection and approval
according to the prescriptions set forth in this same Code (CC 576, 578,
579, 586, 587, 609, etc.). In addition, the provinces and houses of the
institute erected by the competent internal authority become capable of
acquiring and administering temporal goods as specified in the institute's
proper law.
It may be noted that in the Church no ecclesiastical property can

belong to an individual physical person; rather, all property belongs to

one public juridic person or another. Individual administrators may hold
legal title to assets of a juridic person, but they do not own them in an
absolute sense. Rather, they hold these goods for the benefit of the juridic
person and, therefore, exercise a role of stewardship. They act as human
agents of the juridic person in a relationship of trust, and they are held
accountable.

H
The law of a particular institute may exclude or limit this right; e.g.,
the Capuchins may not by rule possess any temporal goods, so that
whatever they have is owned by the Holy See. It is also possible for the
general or provincial government to make some of the local houses fiscally
dependent on house of novitiate, or house of retirement, or even
it, e.g.,
some very small local communities. However, larger houses should be
able to carry on their own local management of financial affairs subject
towhatever obligations toward the provincial or general government that
are set forth in the proper law of the institute.

INCORPORATED APOSTOLATES AS JURIDIC PERSONS

The apostolic works of the religious institute, even when separately incor-
porated by civil law, are, from the canonical point of view, usually part
of the one public juridic person which is the religious institute which spon-
sors it. Hence, while these apostolates are subject to civil law, they are
also subjects of canonical rights and obligations inherent in the juridic
person of which they are a part. Therefore, administrators are required
by C 1284, §2 to see that ownership of ecclesiastical goods
is safeguarded

in civilly validways, such as civil incorporation. It is important, also,

for the administrators of such entities to realize that they must have con-
102 / JOAN DE LOURDES LEONARD, C.S.J.

cern for the canonical as well as the civil obligations of the incorporated
apostolic work. This is true even where the administration of the work
is not directly under the control of the religious institute that sponsors
it.For example, the canonical requirements for alienation of ecclesiastical
property must still be carried out by the religious institute. It is, therefore,

prudent for the religious institute to create a civil corporation in such

a way that the institute is enabled to carry out its canonical responsibili-
ties with respect to the corporation.

§2

This norm, together with C 635, §2 and C 640, gives emphasis to the
concern of Vatican II, which sees religious life as giving public witness
to Christ's love for the poor. "Religious should be poor in fact and in
spirit, having their treasures in heaven" (PC 13). In addition, ES II, 23
promote concretely the
asks the general chapters of religious institutes to
spiritand practice of poverty, devising new forms "which may make more
effective the practice and witness of poverty today." The wording of this
canon is actually an incorporation into the Code of the last sentence of
PC 13. The poverty of religious institutes varies, according to charism,
from institute to institute, and is described in the proper law of an in-
stitute. However, PC 13 has added the notion that "it is by no means
enough be subject to superiors in the use of property," and ET 22 speaks
to
of the evangelical exigency of a lifestyle that witnesses to the Gospel and
is not just preoccupied with "appearing to be poor."

C 635

§1. The temporal goods of religious institutes, since they are ecclesiastical goods,
are regulated by the prescriptions of Book V, The Temporal Goods of the Church,
unless it is expressly stated otherwise.

§2. Nevertheless, each institute is to determine appropriate norms for the use
and administration of goods so that the poverty appropriate to the institute is

fostered, protected and expressed.

APPLICABILITY OF BOOK V NORMS

The whole of Book V is on "Temporal Goods of the Church." C 635,
therefore, specifically obligates the administrators of religious institutes
to implement, where applicable, the norms set forth in this book, since
the goods owned by religious institutes are properly designated as "ec-
clesiastical goods."
Book V makes clear that the temporal goods of the Church are de-
signed to serve its spiritual purposes. The very first canon of this book,
 Temporal Goods / 103

which proclaims the inherent right of the Church to own temporal goods
independently of the state (C 1254, §1), also sets forth the purposes for
which the temporal goods are requisite, namely, divine worship, the
maintenance of clerics and other ministers, the works of the apostolate,
and the exercise of charity, especially with respect to the needy (C 1254,
§2). Towards these all-important ends, the Church has the right to ac-
quire, possess, administer, and alienate the goods which it legitimately
owns (C 1254, §1). This right is understood as extending to the universal
Church, to the Apostolic See, to the particular churches, and to all juridic
persons, public and private, recognized by Church law (C 1255). Such
goods belong to the juridic person which has legitimately acquired them.
Ultimately, however, the ownership of all such goods is under the
supreme authority of the Roman Pontiff (C 1256).
The principles of stewardship, accountability, and subsidiarity are
all integrated into Book V and, hence, are normative for religious in-
stitutes as well as other juridic persons in the Church.

§i

Book V (fifty-seven canons) , after setting forth four introductory canons

(1254-1257) on the subject of the ownership of goods, deals with
three titles: the Acquisition, the Administration, and the Alienation of
Temporal Goods, plus a final title on Pious Wills and Foundations. Much
of this material applies to the governance of temporal goods in religious
institutes as well as the Church at large, e.g., C 1288 which forbids ad-
ministrators to carry on a case in the civil courts without written per-
mission given by the Ordinary; or, C
1286 which requires the implemen-
tation of the Church's principles onemployees and merchants
justice to
by administrators of the Church's goods. This latter principle has been
strongly asserted in Church documents; now it is mandated by law.
The Code describes two categories of juridic persons: public and
private. Only the goods of the former are denoted as ecclesiastical goods,
subject to the prescriptions of Book V. The goods of the private juridic
person belong to that person and are governed by its own statutory law.
They are not considered to be ecclesiastical goods unless it is expressly
provided otherwise (C 1257, §1, §2).
Since religious institutes are by law public juridic persons, they are
subject to the norms of Book V, and each of the titles of Book V must
be seen governance of the temporal goods of religious
as applicable to the
institutes unless the subject matter indicates otherwise.
104 / JOAN DE LOURDES LEONARD, C.S.J.

§2

Like C 534, §2, this prescription is significant for two reasons: first,
it places the responsibility for expressing the particular poverty of the
institute on the proper law of the institute itself. This is both a respect
for differences of charism and also a commitment to the principle of sub-
sidiarity. The Code makes it the immediate responsibility of the religious
institute to incarnate in its proper law its motivating ideal in a way that
accords with the founding vision and the legitimate tradition of the in-
stitute as it is to be lived in the contemporary world (C 587) In so doing
.

one institute will be seen as differing from another in the mode of living
its poverty: one will put major emphasis on divestment of goods; another,

on work as the common vocation; another, on sharing of goods and

facilities with others; another, on availability in service, etc. The proper
law of the institute must take great care to integrate the universal norms
governing temporal goods with its own particular spirit so that neither
element will be lost in the effort at implementation.
This canon is another effort to implement Vatican II, emphasizing
that material goods are viewed as means to higher ends, not as things
to be sought for themselves. An ostentatious life is a contradiction to the
simplicity of the Gospel and to the following of Christ which is the
supreme law (C 662); on the other hand, the law indicates that every
institute is required to provide for the needs of its members (C 670) and
to safeguard the stable patrimony of the institute.

C 636

§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 carries out the admin-
istration of goods under the direction of the respective superior. Even in local
communities there is to be a finance officer distinct from the local superior to
the extent that it is possible.

§2. At the time and in the manner determined by proper law finance officers
and other administrators are to render an account of their administrative ac-
tions to the competent authority.

SEPARATION OF ROLES AND

ADMINISTRATIVE ACCOUNTABILITY
The emphasis of this on the need for the Church to have com-
canon is

petent and trained administrators for its temporal goods, persons who

will know and follow the prescriptions of both civil and canon law,
recognizing themselves to be accountable for the goods of the poor.
 Temporal Goods / 105

§1

In the universal law, the diocesan bishop, having heard his consultors
and the council on economic affairs, is required to name a finance offi-
cerwho will provide experienced and expert advice and service in the
economic matters of the diocese (C 494, §1). Expertise and consultative
decision-making are as necessary for the governance of religious institutes
in fiscal matters as they are for diocesan administration. That is the im-
port of this canon governing religious institutes.
While the major superior has responsibility for the fiscal management
of the temporal goods of the religious institute, the superior cannot and
should not be immediately and directly responsible for carrying on the
daily transactions of business. Rather, a treasurer or financial officer
should be constituted for this purpose not only at the general level of
government but also at the provincial, and where possible, every local
house should have its own bursar, apart from the local superior. This
distinction of roles with a shared responsibility is also fostered by the law's
requiring, in specific cases, that the superior must obtain the consent of
the council or, at least, must consult with the council, thus providing
a wider base for decision-making in important matters (C 627).

§2

This canon not only reinforces the importance of accountability in

the Code, but it further highlights the significant role given by the Code
to the proper law of the Every administrator of Church prop-
institute.
erty is responsible and accountable for actions under the law and is
answerable to those being served as well as to those in higher authority.
It is necessary that the religious institute recognize this serious respon-
sibility as being important for the good of the government and welfare
of the institute, making it concrete and practical in terms of the life of
the particular institute.
This canon is directed toward internal accountability just as the
following canon (C 637) deals with external ecclesiastical accountabil-
ity. The proper law of the institute should spell out the times and man-
ner of reporting. There should also be a job description for the financial
government giving them a statement of those ac-
officers at all levels of
tionswhich flow from the role and therefore may be undertaken without
special permission of the superior, as well as those actions which require
explicit permission.

C 637

Autonomous monasteries mentioned in can. 615 must render an account of

106 / JOAN DE LOURDES LEONARD, C.S.J.

their administration once a year to the local ordinary; moreover, the local or-
dinary has the right to know about the financial reports of religious houses of
diocesan right.

Substantially, this is CIC 535, but there are

the same requirement as
several differences. It whereas the latter was specifically
is significant that
directed to "every monastery of nuns," this canon is more generally
directed to self-governing monasteries as defined in C 615 (i.e., those
monasteries which, in addition to their proper superior have no other
major superior, and are not connected with another religious institute
in such a way that the superior of that institute enjoys true constitutional
power over it) and to religious houses of diocesan right, both of which
are committed to the special care of the diocesan bishop (CC 615, 594).
Thus, ecclesiastical dependency and concern, rather than sex, are the
basis for this monastic reporting to, and fiscal review by, the diocesan
bishop, as set forth in C 637.
CIC 535, §1, 2° specified that the Ordinary could take action directly
against fiscal remissness, or indirectly through a regular superior, even
to the extent of removal from office. C 637 gives no such indication.
However, C 1279 speaks of the administration of goods as belonging to
the one immediately governing the juridic person, "saving the right of
the Ordinary to intervene in cases of negligence by administrators."
CIC 535 spoke of the local Ordinary's right, on the occasion of his
visitation to other institutes of women, to examine "the administration
of the property constituted by the dowries." In the Code there is no men-
tion of dowries.

C 638

§1. It is for proper law, within the scope of universal law, to determine acts
which exceed the limit and manner of ordinary administration and to determine
those things which are necessary to place an act of extraordinary administration
validly.

§2. Besides superiors, officials who are designated for this purpose in the pro-
per law can validly incur expenses and perform juridic acts of ordinary ad-
ministration within the limits of their office.

§3. For the validity of alienation and any other business transaction in which
the patrimonial condition of a juridic person can be affected adversely, there
is required the written permission of the competent superior with the consent
of the council. If, moreover, it concerns a business transaction which exceeds
the highest amount defined for a given region by the Holy See, or items given
to the Church in virtue of a vow, or items of precious art or of historical value,
the permission of the Holy See is also required.
 Temporal Goods / 107

§4. For the autonomous monasteries mentioned in can. 615 and for institutes
of diocesan right it is additionally necessary to have the written consent of the

local ordinary.

ORDINARY AND EXTRAORDINARY ADMINISTRATION

In the administration of ecclesiastical goods, the distinction between or-
dinary and extraordinary administration is very important for the validity
of acts. Ordinary administration refers to acts which may be carried out
in the usual course of business by the administrator in virtue of holding
a particular office or by virtue of delegation of power. In the matter of
fiscal affairs, ordinary administration includes such things as: making

and receiving payments for goods, depositing money in the bank, in-
vesting free capital, accepting or making donations or gifts, reserving
money for particular purposes, etc.
On the other hand, extraordinary administration refers to acts which
exceed the limits and extent of what is ordinary. It, therefore, requires
particular permission from the competent superiors or from ecclesiastical
authority, or both, in order to act validly. Acts of conveyance or aliena-
tion almost always are acts of extraordinary administration.

u
Significantly, this canon puts the responsibility on proper law, within
the limits of universal law, for establishing the dividing line between or-
dinary and extraordinary administration in terms both of dollars and of
types of actions undertaken. Furthermore, it requires the proper law to
set forth carefully those things which are required for the validity of an
act of extraordinary administration. This should not be just an abstract
statement, but rather, should rest on distinctions and requirements which
flow from the nature of the institute and its needs and operations. Ob-
viously, ordinary upkeep of the physical assets of an institution, including
some on-going provision for ultimate replacement of goods, differs both
in dollars and intent from a physical development program which is an
extraordinary effort by the institution. If the latter requires the incur-
ring of indebtedness, it may need both ecclesiastical and internal per-
mission depending on the amount of indebtedness.

§2

Ordinary administration, which has been described above, includes

those transactions which inhere in the daily carrying out of the office
for which one is designated. Ordinary administration also includes all

those juridic acts normally required for the preservation and improve-
108 / JOAN DE LOURDES LEONARD, C.S.J.

ment of goods and property as well as the use of the fruits arising
therefrom. In addition to superiors, proper law should designate others
who may perform specific acts of ordinary administration, such as
treasurers, investment officers or committees, fund-raisers, administrators
of apostolic institutions: schools, hospitals, etc.

§3

The canon applies to both acts of alienation and other acts which ad-
versely affect the condition of the juridic person. Both are usually con-
sidered to be an act of extraordinary administration and require special
authorization by competent superiors.
There are nine canons in Title III of Book V which govern the pro-
cess of alienation (CC 1290-1298). Many of these apply to religious in-
stitutes and should be considered in any act of alienation.
These canons Church's cautious attitude toward aliena-
reflect the
tion and acts which adversely affect ecclesiastical property. C 1293 sets
up additional requirements for alienation, namely, a just cause such as
"urgent necessity, evident usefulness, piety, charity, or some other serious
pastoral reason" (C 1293, §1, 1°) and an expert evaluation in writing
of the thing to be alienated (C 1293, §1, 2°). Moreover, the thing to be
alienated should not ordinarily be sold for less than the evaluated sum

(C 1294, §1). Proper canonical formalities are also prescribed not only
for alienation but also for any transaction which could cause a loss of
ecclesiastical goods (C 1293, §2).
Requests for alienation or conveyancing permission should contain
answers to the following questions if they are relevant to the transaction:

a) Who is requesting the permission? Since all ecclesiastical property per-

tains to a public juridic person, the purpose of this question is to ascertain
the identity of the public juridic person involved.
b) What is being alienated? This question requires a description of the prop-
erty that is being sold. Permission is required only for alienation of immovable
goods or fixed capital. Real estate should be described by metes and bounds
and should include a description of any buildings thereon. Stocks should be
specified as to number of shares and company, bonds by amount and issuer.
(Stocks and bonds are fixed capital when they have been previously dedicated
to a specific purpose.)
c) What public juridic person has ownership rights in the property? Nor-
mally, the answer to this question would be the same as to the first question
above. could happen, however, that more than one public juridic person
It

has ownership rights in property being alienated (e.g., both a provincial house
and a local house or both a diocese and a parish). In such a situation, the
more inclusive public juridic person would apply for conveyancing permis-
 Temporal Goods / 109

sion, but the less inclusive public juridic person should also be named as having
ownership rights in the property.
d) How was the property originally obtained? The answer to this question
would specify themeans by which the property being alienated became the
property of the public juridic person now requesting alienation permission.
Property is usually obtained by purchase, by gift, or by testamentary bequest.

e) What is the original cost of the property being alienated? If the property
was purchased, this question requires disclosure of the purchase price. There
is no cost of acquisition if the property was obtained by gift or by bequest.

f) What is the appraised value of the property being alienated? Canon law

requires two separate appraisals of the property to be conveyed. Such ap-

praisals could be the same as those for insurance or tax assessment purposes.
Where these are unavailable, independent appraisals by conscientious and
recognized experts must be obtained.
g) What are the reasons for selling the property? Anytime an enduring part
of the patrimony of a public juridic person is to be conveyed, it is critical
that good and sufficient reasons exist for the conveyance. Examples are:
(i) when the property has become a liability to the public juridic person (real
estate in irremediable disrepair); (ii) when the public juridic person is no
longer involved in the apostolate for which the property is used (a religious
congregation that is no longer able to sponsor a hospital and wishes to deed
it away); (iii) when the public juridic person has other uses for the assets that
are more critical than those to which the assets are currently dedicated (a
religious congregation wishes to sell some real estate in order to obtain funds
for the operation of one of its public charities).
h) Who is the buyer and what is its reason to buy the property? It is the
intent of this question to avoid scandal (e.g., when a religious structure would
be sold to another group that is not in a position to honor the religious history
of the property).
i) Who is the broker and what is the broker's commission? As in the previous
question, the purpose of this question is protective: to assure that there is

no self-dealing or conflict of interest and no unwarranted commission.

j) What are the down payment and general terms of sale? This question is

addressed by attaching a copy of the pertinent sales agreement. This inquiry

also seeks to ascertain that the terms of sale do not deprive the public juridic
person of the benefit of the bargain or that they do not tie the public juridic
person into an on-going commercial relationship with the buyer (e.g., where
the public juridic person finances the sale by taking either a note or mort-
gage as part of the purchase price).
k) What are the protocol numbers for previous alienations granted by the
Holy See to the public juridic person seeking this alienation permission? This
item is self-explanatory. In practice, only those protocol numbers for the
previous ten years need to be submitted.
1)Has the consent of the provincial and/or general council been obtained?
Both permissions are required when the province is the alienating party; other-
110 / JOAN DE LOURDES LEONARD, C.S.J.

wise, only the generalate need consent. All applicable consents should be in
writing and attached to the alienation request.
m) Has the Ordinary (bishop) of the location of the property consented to
the transaction? This item is normally answered by a letter from the bishop
that is attached to the alienation request.
The requirement applies to an institute of diocesan right or an autonomous
monastery (C 615). For institutes of pontifical right it has been the practice
of SCRIS to request an opinion from the diocesan bishop in whose jurisdic-
tion the property is located to ascertain if there would be any effect within
the diocese if the property is alienated. There is, however, no canonical re-
quirement for the consent of the bishop.
n) What is the current financial condition of the public juridic person seek-
ing the alienation permission? The public juridic person should provide a
summary financial statement that normally includes a balance sheet listing
both the assets and liabilities of the public juridic person.

Two things seem noteworthy about the Code's treatment of alienation

of ecclesiastical goods. First, subsidiarity is applied in designating the
competent superiors for the granting of permission to alienate below the
amount approved by the Holy See (in 1981 the amount set for religious
institutes in the United States was $1,000,000). Second, the civil law of
the country, where not contrary to divine or canon law, is to be followed
in the making of contracts (C 1290). The contradictions, however, be-
tween the civil and canon law may engender problems for the adminis-
trator of ecclesiastical goods, but canon law cannot be ignored on that
account. This problem becomes more clear by studying the situation of
incorporated apostolates.
The civil corporation and the ecclesiastical public juridic person may
not be identical entities. For example, a hospital is usually civilly incor-
porated as an entity distinct from the religious institute. However, in
canon law the hospital is usually not a separate public juridic person but
part of the religious institute which is a canonically established public
juridic person. Thus, while the hospital property may be owned civilly
by the hospital corporation, it is owned canonically by the religious
institute.
Since an incorporated apostolate is subject to both civil law and canon
law, the religious institute and the incorporated apostolate must be careful
to observe both canon and civil law. In order to avoid potential conflict,
civildocuments should take into account canonical norms.
For the validity of alienation of property or goods belonging to the
stable patrimony of the religious institute, as well as for the validity of
any action that can weaken the patrimonial condition of a juridic per-
 Temporal Goods / 111

son, permission given in writing by the competent superior with the con-
sent of the council must have been previously secured (C 638, §3).
As has been said, in the United States, if the value of the property
to be alienated is more than $1,000,000, permission for alienation must
be sought from the Holy See as well (C 638, §3).
The chief intent of all this legislation is that property belonging to
the Church and its entities should not be lost to another, thus depriving
the Church of resources needed for its mission, and especially for the ser-
vice of the poor in the spirit of Christ.

§4

This same requirement as that of the 1917 Code (CIC 534). C 1276,
is the
§1 of the 1983 Code requires the Ordinary to "sedulously watch over
the administration of all goods which belong to public juridic persons
subject to him." That means the two groups mentioned in the canon,
namely, self-governing (not subject to higher internal authority)
monasteries located within the diocese, and institutes of diocesan right
which, by the law, are particularly under the care of the local Ordinary,
must get his written consent. Pontifical right institutes are not subject
to the local Ordinary for their financial accountability.

C 639

§1. A juridic person which has contracted debts and obligations even with
the permission of the superior is bound to answer for them.

§2. If a member with permission of the superior has made a contract con-
cerning personal goods, the member must answer for it, but if the business of
the institute was conducted by order of the superior, the institute must answer.
§3. A religious who has made a contract without any permission of superiors
must answer for it, but not the juridic person.

§4. It shall be a fixed rule, nevertheless, that an action can always be brought
against one who has profited from the contract entered into.

be careful that they do not permit debts to be

§5. Religious superiors are to
contracted unless it is on the debt can be paid from or-
certain that the interest
dinary income and that the capital sum can be paid off through legitimate amor-
tization within a time that is not excessively long.

LIABILITY

This canon, in part, touches on the question of "agency." In this regard,

the law is saying that only authorized persons may make contracts in
the name of the juridic person which is the religious institute. Each of
the articles of the canon tries to establish the locus of responsibility and
112 / JOAN DE LOURDES LEONARD, C.S.J.

liability in carrying on business by a member of the institute or in behalf

of the institute.
In general, what is very important here to the juridic person, from
the civil law viewpoint, is that once persons have been given actual
authority as agents, they always bind the principal (i.e., the religious
institute in this case) when they act within the scope of their agency.
Moreover, unless specifically directed otherwise, agents have implied
authority to act in accordance with general custom or usage of the af-
fairs with respect to which they are expressly authorized to act.
Religious institutes should, therefore, be especially careful in creating
new "titles" and new "job descriptions" for their members. The currently
popular practice of borrowing terminology from the business world
deserves special scrutiny. The incautious misuse of terms commonly used
in the business world may constitute a "holding out" of a member of an
institute as a person apparently authorized to bind the institute in trans-
actions in ways that the institute does not intend to authorize the member
to act.

§1

What is emphasized is that the superior who gave permission is not per-
sonally liable for the indebtedness because such a person acted in a cor-
porate role and not in a personal capacity. It is the juridic person who
is liable. This was also included in CIC 536, §1.

§2

The only change from the Code of 1917 is that the distinction between
a member with solemn vows and a member with simple vows has been
eliminated. Since the universal law does not, in the Code of 1983, make
this distinction, the first sentence of CIC 536, §2 has been dropped. Such
a distinction, however, may remain as part of the proper law of an in-
The basic point of this canon, however, is the distinction between
stitute.

whether members acted on their own behalf with permission, or acted

on the institute's business by the superior's command. In the first case,
the liability is personal; in the second, the liability belongs to the institute.

§3

When the member contracts without permission of superiors, the member

is solely responsible. There is no question of acting as agent of the in-
stitute. Yet, there are circumstances that could make the institute liable.
Should the institute fail to communicate to a third party that a particular
member, in a given situation, has not been authorized to bind the in-
 Temporal Goods / 113

stitute, the institute may conceivably find itself bound by the member's
acts, especially if a third party had come to believe that the agent pos-
sessed authority from the institute to place the act and this had not been
denied in any way by the institute.

N
In every case, the rule obtains that an action can always be brought
against the one for whom the contract has been a source of gain, whether
individual religious or corporate body. Once again, it is important to
remember that civil law suits cannot be entered into without ecclesiastical
permission.

§5

All of the above sections are based on the principles of justice. All, fur-
thermore, distinguish between corporate and individual responsibility.
All make clear, too, that no individual person has a legal capacity for
contracting in the name of the corporation unless the latter has made
that person an agent or given a power of attorney.

C 640

Taking into account local conditions institutes are to strive to give, as it were,
collective witness of charity and poverty and are to contribute what they can
of their own goods for the needs of the Church and the sustenance of the poor.

This is a direct quote from PC 13. It clearly shows the impact of

Vatican II. The previous Code was much more cautious in its approach,
saying in CIC 537 that "donations from the goods of the house, province,
or institute are not permitted unless by reason of almsgiving, or other
just cause, by will of the superior and according to the norms of the con-
stitution." By contrast, the 1983 Code takes a positive stance in favor
of a quasi-collective witness to poverty and charity, and calls upon
religious institutes to contribute something of their
goods for the own
other needs of the Church and the sustenance of the poor. Stewardship
and accountability for sharing of the goods that support life have become
ascendant in the law.
The Code also requires administrators of ecclesiastical goods who
employ workers to observe the civil laws concerning labor and social
policy, according to the principles handed down by the Church (C 1286,
§ 1) . They are also required to pay an equitable and decent wage or salary
so that they may provide for the workers' needs and those of their families
(C 1286, §2). This is a new canon which has appeared in many
documents, but, until this time, has not appeared in the law of the
114 / JOAN DE LOURDES LEONARD, C.S.J.

Church. Religious administrators, whether in their religious institutes

or their incorporated apostolates, are bound by these norms.
The Code makes it clear that the Church intends to show itself to

the world as the Church of the poor. Within the universal law, each in-
stitute, therefore, must consider for itself how its corporate poverty can
best be lived and protected from on- going erosion. Although the Church
recognizes that institute will differ from institute in this regard, it never-
theless obligates all religious institutes to some kind of corporate witness
to poverty, arising from, and appropriate to, their own tradition and
vision.
When, however, religious institutes come to reflect on how they will
dispose of and invest their temporal goods, they should reflect on their
own charism and tradition, along with the needs of the world in which
they live, in order to develop policies and practices which will be in har-
mony with their tradition. In this way, their stewardship in behalf of
the poor will best be realized.

BIBLIOGRAPHY

Hite, Jordan. "Religious Vows and the NLRB," RfR 37, no. 6 (November 1978) 20-34.
Hite, Jordan. "The Status of the Vows of Poverty and Obedience in the Civil Law,"
StudCan 10, no. 1 (1976) 131-93.
Maida, Adam, and Cafardi, Nicholas P. Church Property, Church Finances and Church-
Related Corporations. The Catholic Health Association of America, 1984.
Maida, Adam. Ownership, Control and Sponsorship of Catholic Institutes. Pennsylvania
Catholic Conference, 1975.
McCoy, Alan. "Fiscal Management and Christian Stewardship," RfR 41, no. 5 (September-
October 1982) 734-37.
Morrisey, Francis. "The Conveyance of Ecclesiastical Goods," CLSAP 38th Annual
Convention. Philadelphia (October 1976) 123-37.
Morrisey, Francis. "New Canon Law on Temporal Goods Reflects Vatican II's Influence,"
in The New Canon Law: Perspectives on the Law, Religious Life, and the Laity, CHA,
1983, 49-61. Originally published in Hospital Progress (March 1982) and subse-
quently revised in the light of the promulgation of the Code (January 1983).
O'Rourke, Kevin D. "Lay Sponsorship: a Right, a Trust," Hospital Progress (September
1981) 40-44, 66.
Admission of Candidates and
Formation of Members
Canons 641-661

Jordan Hite, T.O.R.

INTRODUCTION
The law governing the formation of members of religious institutes has
undergone major revision three times in the twentieth century. First, in
the 1917 Code, second, in RC in 1969, and third, in the 1983 Code.
The 1917 Code, which was the initial codification of Church law,
established common norms for religious in all areas of life including for-
mation. The renewal by Vatican II for religious in PC brought
initiated
with it the need to review and update religious formation. SCRIS was
presented with requests from institutes and organizations representing
institutes to revise the canonical regulations governing religious forma-
tion. It was recognized that contemporary attitudes, conditions of modern
life, and new apostolic needs along with the special char ism and pur-
pose of each institute called for changes in formation.
SCRIS responded in 1969 with RC in an instruction that was a com-
bination of pastoral and juridic norms. The
instruction was understood
tobe for the interim, since work on the new Code had already begun.
Based on the new guidelines institutes began what has amounted to a
period of experimentation in formation. The tenor of the instruction was
to reduce or relax legal norms, provide pastoral considerations for
renewal, and transfer authority regarding formation to the institute.
The result was to produce a wealth of new approaches and informa-
tion about formation which would form the basis of the new law govern-
ing formation. Before RC, canon law regulated formation in institutes
by means of a series of detailed laws which covered a variety of ways
of life. RC drew out and fundamental principles of for-
identified the
mation while allowing institutes to develop their own formation program

115
116 / JORDAN HITE, T.O.R.

by applying the principles so that they fit the charism and purpose of
the institute. The sense was
to offer choices rather than
of the instruction
imposing one choice on institutes. In offering choices to institutes several
of the canons of the 1917 Code were repealed or modified. The repeal
or modification was always in the direction of more freedom for institutes
to resolve issues in formation.
RC noted it was increasingly difficult to promulgate laws which
would apply to every institute considering the differing conditions in
which institutes live throughout the world and the diversity of institutes
and their works. It especially mentioned the fact that the formation and
education will not be the same in institutes of men as in institutes of
women or in institutes of contemplative life as in those devoted to the
apostolate.
RC established that:

1. Formation should be extended over a longer period of time.

2. Candidates should be prepared to enter novitiate.
3. For institutes devoted to the apostolate, greater attention should be
paid to preparation for the institute's life and work.
4. Temporary vows may be replaced by another bond of commitment.
5. Former members who have completed novitiate may return without
repeating the novitiate in accord with conditions established by the
institute.

All of these directions were carried over into the new law except that
of replacing temporary vows by another bond of commitment.
The 1983 Code underwent two major drafts before promulgation.
Although there were substantial changes from the 1977 draft to the 1980
draft, the changes in the area of formation were minor. The major change
was that the 1977 draft followed RC in permitting other bonds, while
the 1980 draft and the 1983 Code returned to the term, temporary vows.
The practical result of the idea that institutes should develop and
apply the general principles of formation was that the number of canons
on formation was reduced from fifty-one to twenty. The prescriptions 1

of the former law that are omitted are now left to individual institutes
to decide if any of the former laws apply to them in part, or not at all,
and then to take whatever is useful and place it in their proper law. It
can be noted that the omission of the detailed prescriptions does not mean
they are not useful. In fact, as the following commentary notes, institutes
would do well to review them to see if any of them in their present or
some adapted form would serve the needs of the institute.
The commentary for the most part reviews the previous law, its repeal
or modification in RC and isfollowed by an explanation of the new law.
 Admission of Candidates and Formation of Members / 117

The major omission regarding the process of formation itself is that

of postulancy. Both the 1917 Code and RC covered postulancy. Pre-
novitiate programs are now entirely in the hands of the institute. The
wide variety of pre-novitiate programs are guided only by the criteria
for admission contained in C 642. Whatever program an institute has
should prepare a candidate to enter the novitiate.
Two major additions to the law focus on the responsibilities of the
professed members of an institute, first to the process of formation and
second to their own formation. In C 652, §4 the responsibility of prayer
and good example is broadened beyond formation directors and those
living in houses of formation to all the members of the institute. This
is powerful positive or negative witness members
in recognition of the
provide in the process of formation. Responsibility for on- going personal
formation is highlighted in C 661, which envisions formation as a lifelong
process. Both the individual member and the superior have a serious
obligation for a member's lifelong growth and development.
This new law on formation will probably be easier to adjust to than
other areas because much of what is contained in the new law has already
been part of the practice and proper law or policy of most institutes.
Although questions will continue to arise, most of them will be within
the authority of the institute to resolve, since the weight of responsibility
has now been shifted to individual institutes. This should satisfy the desire
of institutes to develop programs that form people in accord with its
nature and charism.

ADMISSION TO THE NOVITIATE

CC 641-645 establish (1) the right of major superiors to admit candidates

to the novitiate; (2) the qualities that a candidate should have in order
to be admitted; (3) the causes which make admission to the novitiate in-
valid or and (4) the testimonies required to be admitted. There
illicit;

are fewer impediments and fewer required testimonials, although each

institute is free to establish its own impediments and to require testimonies
or information it would find helpful.

C 641

The right of admitting candidates to the novitiate pertains to major superiors

according to the norm of proper law.

This section of the law begins by establishing admission to the novitiate

as the juridic act of admission to the religious life. The act of admission
belongs to the major superior to be exercised in accord with proper law.
118 / JORDAN HITE, T.O.R.

The proper law may require either a deliberative or con-

institute in its
sultative vote on the part of the council for admission.
By making the novitiate the beginning of religious life, the law leaves
it to the discretion of institutes to provide a pre-novitiate program. RC

contained guidelines and recommendations for pre-novitiate which are

helpful; however, the institute is free to develop norms and policies that
suit the life of the institute in order to prepare candidates for the novitiate.
In institutes which have a novitiate longer than one year, the act of
admission pertains to the canonical requirement of twelve months and
should take place prior to the beginning of the canonical period.

C 642
Superiors are to be vigilant about admitting only those who, besides the re-
quired age, have health, suitable character and sufficient qualities of maturity
to embrace the particular life of the institute; this health, character, and maturity
are to be attested to,if necessary by using experts, with due regard for the prescrip-

tion of can. 220.

The opening clause of the canon reminds superiors of the important

responsibility they have in fulfilling the task of admitting candidates to
the novitiate. It then outlines three areas that need to be considered in
order to admit an applicant; health, suitable character, and sufficient
maturity for the particular life of the institute. These qualities are a fur-
ther specification of the general requirements of C 597, which permits
admission of any Catholic who has the right intention, the qualities re-
quired by universal and proper law, and is not held back by any
impediment.
The health of the candidate can be verified by a physical examina-
tion by a medical doctor chosen by the candidate or the institute. In cases
in which it is necessary to clear up doubt or gain further insight into a
candidate's medical condition, the institute may request an additional
examination. An institute may avoid difficulty later on by refusing ad-
mission if a candidate has a chronic or debilitating illness that will pre-
vent living the life of the institute. However, the health requirement

should not be interpreted to bar the admission of the handicapped who

can live the life of the institute.
C645 outlines the mandated and optional means an institute may
employ to ensure that a candidate is of suitable character.
Sufficient qualities of maturity and more particularly mental health
have over the past years been investigated by means of psychological
testing and interviews. It seems clear that in most cases serious
psychological illness or organic disease can be detected, but such testing
 Admission of Candidates and Formation of Members / 119

is not predictive of future perseverance in religious life. Institutes should

obtain the proper releases to review the data from both medical examina-
tions and psychological testing, which should ensure a candidate that
the information will be kept confidential. The release or an accompany-
ing explanation should clearly state the purpose of the examination, who
is to see the report, and what happens to the report after its initial use.
In some cases the report may be given to the superior and/ or council,
while at the same time the candidate is given a copy of the report or
a "read out" of its contents. It is helpful for the psychologist to instruct
those who will read the report on the nature, uses, and limitations of
the information in the report.
Discretion should be used in giving reports to candidates so they are
not given false impressions about themselves because of a lack of
understanding of the material. On the other hand, the report can often
be helpful to the growth and development of the candidate whether ad-
mitted or not. In some cases these reports are shared with formation direc-
tors so they can better understand the candidate and more skillfully pro-
mote growth and development. If this is the cas^, it should be explained
to the candidate and permission secured. Since these reports lose valid-
ity with the passage of time and the growth of the individual, they should

be destroyed when they are no longer valid.

Institutes should also develop their own internal admissions standards
in order to provide a consistent, well-considered approach to admissions
that reflects the specific requirements of the institute. Candidates who
have experienced previous difficulties such as alcohol or drug addiction,
child abuse, sexual experiences that will impair the ability to live the
vowed life, marriage (followed by a decree of nullity) but who now
believe they have a vocation should find institutes well prepared to deal
honestly with persons from their particular background if they decide
to admit the person.
Interviews by a vocation director or an admissions board, visits to
the candidate's home, extended visits by a candidate to a house or houses
of the institute are all procedures that can help in preparing a compe-
tent report on a candidate.
The canon notes that the institute or experts employed by the institute
are to conduct their examination without prejudice to the right of a per-
son to protect his or her privacy. This is an important consideration for
institutes to use in guiding experts so that they do not use methods that
would violate privacy or in any way harm the reputation of the institute.
At the same time institutes would do well to employ experts who have
an understanding of the religious life so they can make their report more
120 / JORDAN HITE, T.O.R.

relevant to the needs of the institute and the candidate. If an expert does
not already have this understanding, the institute may need to provide
some education regarding its life and needs and the specific characteristics
it believes to be desirable and undesirable. An institute may wish to pro-

vide written guidelines for the expert. If there is information that an in-

stitute cannot have access to except by violating or seeming to violate

an individual's right of privacy, it should forego seeking the informa-
tion, but it should not place itself at a disadvantage by granting admis-
sion on inconclusive evidence of suitability.
The admitting superior, with or without the council, needs all rele-
vant evidence of suitability in order to make a proper decision regarding
admission. If the institute has a pre-novitiate program, a variety of
material may be presented to the admitting superior. It can include the
reports and recommendations of the vocation director or admissions com-
mittee and a psychological report. If a council is involved in the decision
by either a consultative or deliberative vote, they should have access to
the relevant information in order to make a good decision.
The counsel from RC 14 appears in this canon in advis-
to superiors
ing superiors to be on their guard and not accept candidates who do not
show the right temperament and maturity to enable them to live the life
of the institute. Institutes should not expect the desired qualities to be
in an advanced stage of development; however, they should be sufficiently
developed so that the institute has a reasonable hope that during the full
period of formation the candidate will grow into a mature, responsible,
and contributing member of the institute.
In the negative sense superiors in exercising their responsibility must
consider the potential harm that can be done to the candidate and the
formation program or institute by admitting to the novitiate someone
who is unqualified or unprepared to undertake the life of the institute.
It is better to delay admission until these qualities are sufficiently

developed, possibly even developing a plan for the applicant so that an

interested individual may grow to the point where admission is ap-
propriate. Delay and/or working with an applicant is better than
premature admission.

C 643

§1. One is in validly admitted to the novitiate:

1° who has not yet completed the seventeenth year of age;

2° who is a spouse, during a marriage;

3° who is presently held by a sacred bond with any institute of consecrated

 Admission of Candidates and Formation of Members / 121

life or who is incorporated in any society of apostolic life, with due regard for
the prescription of can. 684;

4° who enters the institute as a result of force, grave fear or fraud, or whom
the superior receives induced in the same way;
5° who has concealed his or her incorporation in any institute of consecrated
life or society of apostolic life.

§2. Proper law can establish other impediments to admission, even for valid-
ity, or can add other conditions.

u
There are five conditions or impediments which would cause the admis-
sion of a candidate to the novitiate to be invalid. In the previous law
there were eight. Four of the previous impediments or their close parallel
are included in the present law, while four are omitted. 2
The new impediment is that of concealing incorporation into another
institute of consecrated life or a society of apostolic life. This condition
is impediment which invalidated the admis-
a softening of the previous
sion of anyone who had been bound by the bonds of profession.

U,l°
A candidate must have completed seventeen years of age. According to
C 203 a person is seventeen at the end of the day of the person's seven-
teenth birthday. A candidate's age can be verified by a birth certificate
or a baptismal certificate. In the United States a birth certificate can
usually be obtained from a state bureau of vital statistics or its equivalent.
Although this is an age younger than most institutes in the United States
have for admission, it is set at such an age to allow institutes throughout
the universal Church to have flexibility in the admission of candidates.
Each institute by proper law may set a suitable age for admission which
can take into account the culture, relative age of maturation, and the
demands of the life of the institute.

§i,2°

A person may not be admitted while the marriage bond continues to ex-
ist. This section does not apply to those who have obtained a decree of

However, in the case of a decree of nullity the institute should

nullity.
have some internal criteria that allows it to determine if the cause of the
break-up of the marriage is one that would impede the person from enter-
ing religious life at that time. In the case of a decree of nullity, a candi-
date may be asked for permission to review the annulment sentence. This
would reveal the cause of the termination of the marriage and would
122 / JORDAN HITE, T.O.R.

also reveal whether the tribunal issued a prohibition or conditions that

should occur before entering another marriage. These same comments
would be helpful in determining the readiness of a person to enter a
3
religious institute.
This section applies to a person who is party to a still existing mar-
riage which has not been annulled. As with CIC 542 an institute can
apply to the Apostolic See for a dispensation from the impediment.
Previous petitions have required the following information: (1) has a civil

divorce been obtained and if so include a copy of the decree, (2) the
number of children, if any, their age, and the provision that has been
made for their care (the most recent custody and support decree as well
as a statement by the petitioning party and in some cases the former
spouse or the party who has custody regarding the adequacy of care is

appropriate here), (3) has the candidate contributed to the break-up of

the marriage? (4) is there evidence that the former spouse had forfeited
his or her marital rights? In a recent case SCRIS responded to a petition
by an institute for a dispensation for a divorced woman to enter. 4 SCRIS
stated that "the fact that the petitioner received a civil divorce or that
her husband presents no objection to her becoming a religious is not suf-
ficient in the eyes of the Church to establish that he has forfeited his rights
to the marital life. There must be evidence of the partner's infidelity by
reason of remarriage, cohabitation, or adultery in the sense of CIC 1129."
SCRIS continued that "unless the above points were stated and somewhat
proven, there is no hope of obtaining the dispensation that the petitioner
is seeking."The institute forwarded the further proof SCRIS wanted and
the dispensation was granted. 5

§i,3°

A person who is bound by a sacred bond to another institute of con-

secrated life or who has been incorporated into a society of apostolic life

may not be admitted. The fact of being bound to one precludes being
bound to another. A person who wishes to enter another institute or so-
ciety must be free to do so. The only exception is the process of transfer
described by CC 684 and 685. A religious who is transferring from one
institute to another retains the vows pronounced in the former institute
until profession in the new institute.
In the 1917 impediment included all those who had been
Code this
bound by a previous temporary or perpetual profession even though they
had been granted a dispensation from their vows. Previous profession
is no longer an impediment.

According to RC 38 a member who lawfully left an institute at the

 Admission of Candidates and Formation of Members / 123

expiration of temporary profession or by dispensation could seek re-

admission to the institute with the permission of the superior general and
the agreement of the council without the obligation of repeating the
novitiate. The superior general was
to impose a period of probation of
not less than one year or not than the period of temporary probation
less

which was still needed to complete the time necessary to make perpetual
profession at the time the member left the institute. A longer period of
probation could be prescribed at the discretion of the superior general.
C 690 grants additional discretion. If a member has completed
novitiate or made profession and departed legally, the member can be
readmitted by the supreme moderator with the consent of the council.
The novitiate need not be repeated. The difference between RC 38 and
C 690 is that instead of defining the period of probation it is left to the
supreme moderator to determine a suitable period according to the norm
of CC 655 and 657. This would mean at a minimum a former member
should make up the additional time necessary to profess perpetual vows.
For example, if a member left two years prior to eligibility for perpetual
profession, the period of probation could not be less than two years.

This section applies to two situations in which admission is invalid: force,

grave fear or fraud on the part of the candidate or on the part of the
admitting superior.
Each of the prohibited influences has its particular effect on the
freedom of consent of either the candidate or the admitting superior,
which like any other juridic act in the Church must be freely made
(C 125). Force, grave fear or fraud depending on its effect on the will
may destroy or diminish consent. In either case it invalidates it.
Force 6 is the coercion or violence exerted by an outside agent which
moves a person to act because of a threat of evil so that the person con-
sents to the act in order to avoid the evil. Force is uncommon but cases
of kidnapping or physically handing over a candidate to an institute
would be examples of prohibited conduct.
Grave fear is the intimidation which results from the threat of evil.
In order to be invalidating, it must be grave and causative. Fear is ab-
solutely grave when it would induce a reasonable, prudent, well-balanced
person to enter an institute against his or her will. Absolute fear would
be caused by threat of death or physical harm to the person or someone
else, imprisonment, loss of great wealth, or disinheritance. Fear is
relatively grave if the threat is brought to bear on an anxious or immature
person so that a smaller objective threat of evil results in great fear.
124 / JORDAN HITE, T.O.R.

Since the section does not distinguish between extrinsic and intrinsic
fear, it seems that whether the fear is produced by an outside agent or

merely the result of an interior fearful state of mind, the result would
be invalidating. Extrinsic fear would be a case of a young person enter-
ing because of fear of a parent. For example, parents may help a child
in choosing a vocation but may not threaten expulsion from home if a
child fails to enter an institute. An example of intrinsic fear would be
fear of punishment by God for failure to enter. Fear is causal if the per-
son chooses to enter the institute in order to avoid the threatened evil.
Fraud is the knowing concealment or false assertion of an important
factor regarding suitability for religious life. The factor would have to
be so important that the person would not have been admitted if it were
known or the false statement or materials served to support an admis-
sion that would not have been made except for the untrue statement.
Concealment of physical disability, previous psychiatric care, or admis-
sion to an institute of mental health, dishonorable discharge from the
armed services, homosexual relationships, drug or alcohol dependency,
and previous arrests are some of the important areas that would be
covered by the term fraud. These are all areas that should be covered
in an interview with the candidate with a record kept of the answers
so that if the issue of deceit arises at a later time a record of the candi-
date's responses are available. In fact the candidate may have dealt with
and resolved any of the above areas in his or her life. Matters of great
importance that would seriously affect the ability of the candidate to
live the religious life need to be disclosed so the institute can assess them
and arrive at an appropriate decision. Many of the above are sensitive
areas, and unfortunately an undeserved and long lasting stigma may be
attached to them. Investigation into these areas must be prudent and
considerate of the confidentiality of the candidate while at the same time
protecting the life of the institute.
An example of a false statement or materials that might be substan-
tially supportive of admission would be providing a false diploma or
transcript without which the person would not have been admitted.

§i,5°

This section covers the specific concealment of incorporation into another

institute of consecrated life or a society of apostolic life. This is different
from CIC 541, §1, which invalidated admission of someone who had
been bound by a previous bond of religious profession. The focus of this
section is the act of incorporation. Canonically this would refer to the
act of incorporation described in C 654. However, because many institutes
 Admission of Candidates and Formation of Members / 125

have extensive pre-novitiate programs and make decisions based on con-

siderable evidence, an institute would do well to have such information
from a previous institute in order to review it. The failure of a candidate
to provide information predating the juridic act of incorporation would
not be invalidating under this section. The concealment of such infor-
mation could be made an impediment under C 643, §2 if an institute
considered it of sufficient importance.
The record of the candidate in the previous institute and the reason
for departure or dismissal form an important part of the information an
institute may rely on in determining the suitability of the candidate for
the life of the institute.
Since this section covers concealment of incorporation, a candidate
!
who does not wilfully conceal but forgets, misunderstands, or inadver-
tently fails to provide such information does not fall under the impedi-
i ment of this section.
In regard to the application of C 643, §1 to novices, the institute upon
discovery of an invalidating impediment may petition SCRIS for a dispen-
sation, allow the person to depart, or follow the process for dismissal
(C 653). If professed, the member may apply for a dispensation from
vows or be subject to dismissal (CC 694-704).

§2
An institute is free to establish its own impediments for admission which
may also invalidate admission or establish conditions for admission. This
impediments that would
section refers to three types of regulations: first,
make admission impediments that would make admis-
invalid; second,
sion illicit; and third, conditions that would be a basis for refusing ad-
mission. For example, an institute may desire a higher age than seven-
teen for admission. It can make the age limit for validity, liceity, or merely
a basis for refusing admission.
The 1917 Code provided for six conditions which made admission
illicit but not invalid. Two of these are provided for in C 644. The others
are conditions that an institute may wish to provide for in its proper law
if they would be important considerations for an institute. The omitted
conditions are: (1) those who are liable to furnish accounts or are im-
plicated in situations from which the institute may have reason to fear
lawsuit or annoyance; (2) persons who are needed to provide assistance
or support for parents, children, or relatives; (3) for clerical institutes,
I those who would be barred from ordination by a canonical irregularity
or impediment; and (4) orientals, who may not be received into institutes
of the Latin rite without the permission of the Sacred Congregation for
the Oriental Churches.
126 JORDAN HITE, T.O.R.

Those who are liable to furnish an account would be public officials,

guardians, trustees or executors, and those with a power of attorney. A
practical approach should be taken to persons with such obligations. If
the duties of the office and the responsibility to render an account will
not interfere with the ability of the person to live the life of the institute,
it should not bar them from entering. On the other hand, if the respon-
sibility time consuming or could be substantially diverting in other
is

ways, an institute may wish to defer entrance until a person is free.

In regard to actual or potential lawsuits, an institute should take the
same practical approach. If the suit would call for extensive consulta-
tions or court appearances or be a cause of anxiety that would distract
the person from living the religious life, entrance should be delayed. If

a suit would not result in theabove or justifiably harm the reputation

of the person, the institute may wish to admit someone involved in a
lawsuit.
A person involved in a lawsuit because of holding one of the above-
mentioned offices in which an account is to be rendered may be con-
sidered sufficiently detached from financial responsibility if he or she is

insured for the actions undertaken while holding the office.

The support of parents, children, or relatives is an important issue.
If a candidate is a parent, the institute should be assured that the children
no longer need the financial or emotional support of the parent. If
children are of school age, even if the financial needs can be met, there
is still the question of parental guidance and emotional support. The

primary duty of a parent is to support and educate their children, and

a vocation may have to be deferred until that responsibility is fully met.
The support of parents usually arises when a candidate is the sole
or primary support of the parents. More discretion here can be given
to the assessment of the candidate regarding alternate means of support.
However, if the institute is satisfied that the parent(s) can be properly

supported, should not be a bar to entrance. The same would apply

it

to relatives on a less stringent basis and usually only when a candidate

has actually been the sole support of a relative.
Clerical institutes would have an interest in whether candidates for
ordination would be encumbered by an irregularity or impediment to
orders. There are additional conditions attached to ordination that do
not bar a person from religious life such as commission or cooperation
in voluntary homicide or procuring an abortion, serious mutilation of
self or another, or performing an act of orders (C 1041). While the per-
son may receive a dispensation for an irregularity, an institute may desire
that the dispensation be requested prior to investing its time and resources
in the candidate.
 Admission of Candidates and Formation of Members / 127

The law no longer requires an Oriental rite Catholic to obtain the

written permission of the Sacred Congregation for the Oriental Churches
in order to join a Latin rite institute. To help the candidate make a good
decision an institute may wish to discuss the option of joining an Orien-
tal rite institute with the candidate so he or she is apprised of all the op-
tions. If the candidate is intending to receive orders, the present prac-
tice ispermit the candidate to be ordained to the Latin rite and grant
to
It is not the practice of the SCOC to grant permis-
7
bi-ritual facilities.
sion for a transfer of rite for a seminarian. It is preferred to have the
candidate retain his baptismal rite and function within the Latin rite.
The purpose of C 643 is to retain the most important conditions as
causes for invalid admission and to permit each institute to determine
both additional conditions and their legal severity in proper law. This
means an institute may make such conditions invalidating, a cause of
illiceity or merely a policy which will prohibit a candidate from being
accepted. For the most part there seems to be wisdom in the approach
of the universal law in not multiplying invalidating conditions. There
is a flexibility in placing such matters at the policy level that allows them
to be thoroughly investigated and permits the institute to make the deci-
sion that is most appropriate for itself and the candidate seeking
admission.

C 644

Superiors are not to admit to the novitiate secular clerics if their local ordinary
has not been consulted or those who, burdened by debts, cannot repay them.

This canon establishes two conditions that bar admission to the novitiate.
First, a superior should not admit a secular cleric to the novitiate if the
cleric's local ordinary has not been consulted. Clerics in this case would
include both priests and deacons. When a priest or deacon is ordained,
he becomes incardinated into a particular diocesan church. A cleric may
not leave the jurisdiction of the bishop or his church without the bishop's
permission. Normally, the initiative for the consultation should rest with
the secular cleric who has informed the bishop that he desires to enter
the novitiate of an institute. However, the consultation called forby this
canon is between the Ordinary and the appropriate admitting
local
superior of the institute. The fact that the secular cleric has informed
the bishop of his intention is not sufficient to meet the requirements of
this canon. The permission of the bishop is not required by this canon.
However, since a cleric may not freely depart from the jurisdiction of
the local Ordinary, if the bishop does not grant permission, the cleric

may appeal the decision to the Sacred Congregation for the Clergy.
128 / JORDAN HITE, T.O.R.

A superior is also not permitted to grant admission to persons bur-

dened by debts they cannot repay. There are a variety of conditions of
debt that an institute should give consideration to prior to admittance,
but only those in which it can make the judgment that the individual
cannot repay the debt fall under this canon. For example, in the United
States persons burdened by debts they are unable to repay may petition
for voluntary bankruptcy. If an institute has an applicant who has chosen
to undergo this process, the institute should be aware that even if the
candidate has obtained a bankruptcy discharge there are certain mat-
ters the discharge does not cover. An institute would be prudent to con-
8

sult with its own attorney in reviewing the application of someone who
has received a bankruptcy discharge. In addition, since there is a deeper
question of equity and fairness in regard to former debts, an institute
should assure itself that former creditors have been treated fairly so it
does not give the appearance of culpably or through ignorance of
cooperating in a process that denies someone a just claim.
A more common instance of debt is that of a college student or re-
cent graduate who desires to enter an institute but has loans outstanding
that were used to obtain an education. These may be loans on which
the student is personally liable or loans on which the parent may be liable.
Institutes have adopted a variety of practices to meet this situation. Some
have permitted individuals to obtain employment and use the wages to
pay on loans. Other institutes have met interest and/or principal payments
themselves during the period of novitiate and temporary profession,
agreeing to pay the loan should the person profess perpetual vows in the
institute. However, should the person leave, the unpaid debt reverts to
the individual. In some cases the individual is obligated to repay the in-
stitute for any debt payment made during the course of formation. When
institutes and individuals make such agreements, it is prudent to have
the agreement in writing so that the mutual obligations of the parties
are clearly set out.

C 645

§1. Before they are admitted to the novitiate, candidates must show proof
of baptism, confirmation and free status.

§2. If it is a question of admitting clerics or those who have been admitted

to another institute of consecrated life, a society of apostolic life or a seminary,
there is further required the testimony of the local ordinary or major superior
of the institute or society or of the rector of the seminary respectively.

§3. Proper law can demand other testimonies about the requisite suitability
of candidates and their freedom from impediments.
 Admission of Candidates and Formation of Members / 129

§4. If it appears necessary superiors can ask for other information, even with
the obligation of secrecy.

There is certain basic information which can be attested to by documen-

tation and by requesting parties who have had an official relationship
with a candidate to provide testimony regarding the candidate. The pur-
pose of this information is to provide evidence of freedom and suitability
to enter a religious institute.

u
Each candidate in order to be admitted must show evidence of baptism,
confirmation, and free status. Certificates of baptism and confirmation
may be issued by the church where the sacrament was celebrated and
be signed in the name of the pastor or administrator and sealed with the
parish seal. These certificates should be issued at a reasonable date before
admittance (three to six months) so that the institute is receiving up-to-
date information. If certificates are not available because records have
been destroyed or lost, the testimony of a reliable witness such as a parent,
brother, sister, guardian, celebrating bishop, priest, or deacon would
be satisfactory. If the candidate had received the sacraments at an age
when he or she could offer reliable testimony, the testimony of the can-
didate could be received but should usually be corroborated by another
source unless it is not possible.
The baptismal certificate should contain the record of other
sacraments, orders, or membership in an institute of consecrated life or
society of apostolic life and would be evidence of a candidate's free status.
If there is information regarding previous orders, marriage, or member-
ship in an institute of consecrated life or society of apostolic life whether

from the baptismal certificate, the candidate, or outside sources, fur-

ther documentation attesting to free status should be obtained. For those
previously married a divorce decree (if granted) should be obtained. 9 For
those previously in orders the rescript of laicization is necessary, and for
those who made profession in an institute of consecrated life or society
of apostolic life a rescript of dispensation should be obtained. Should an
institute decide to accept someone previously dismissed from an institute
of consecrated life or society of apostolic life, a copy of the decree of
dismissal would be a helpful record.

§2

This section covers three former affiliations, candidates who formerly

were clerics, those who had been in another institute of consecrated life

or society of apostolic life, and former seminarians.

130 / JORDAN HITE, T.O.R.

For those who were formerly clerics, meaning those who had received
the order of deacon or priest, the institute must obtain the testimony of
the local Ordinary or several local Ordinaries if the cleric has been in-
cardinated in more than one diocese. It may also be helpful, although
not canonically required, to obtain letters from local Ordinaries where
a cleric was assigned for lengthy periods of training looking forward to
ordination or was on loan for a substantial period of time. This provi-
sion is a change from the former law (CIC 433, §2), which required all

male candidates to present testimonial letters from the local Ordinary

of the place of birth and the Ordinary of any place they lived for a morally
continuous year after completing their fourteenth year. The previous re-
quirement became too burdensome to fulfill in a society as mobile as that
in the United States and other areas. Along with the testimonial, the in-
stitute should also request a copy of the certificate of ordination of the
cleric.
The language of the phrase applying to institutes of consecrated life
refers to those "who had been admitted to an institute or society"; thus
it is from C 643, §1,5°, which speaks of concealing incorpora-
different
tion. Being admitted to an institute or society would not apply to any
formal pre-novitiate program such as a postulancy. Although it would
be helpful to know if a candidate was a postulant, affiliate, or partici-
pated in an active contact program in which spiritual direction and
periodic sessions took place, such programs do not fall under the coverage
of this canon. The failure to obtain this information is not invalidating
as is concealing admission to another institute or society but it does mean
candidates should not be admitted unless the required testimonial is sub-
mitted. The testimony is to come from the major superior although in
fact it will probably be a composite report from the directors of forma-
tion and the major superior which will be much more valuable as
testimony of suitability.
In regard to those who have been in a seminary, the canon requires
the testimonial of the rector of the seminary. In cases in which the can-
didate was a student for a particular diocese, the institute may also wish
to obtain the testimonial of the bishop. A
seminary in this canon refers
to theological studies and college studies if part of a seminary program.
It would not refer to preparatory or high school programs. For former

members of institutes of consecrated life or societies of apostolic life who

attended a seminary separate from the institute or society, the admit-
ting institute may ask for a testimonial from the rector of the seminary.
 Admission of Candidates and Formation of Members / 131

§3
Besides the testimonies requiredby the common law, the institute may
proper law require additional testimonies regarding the suitability
in its
of candidates and their freedom from impediments. Other testimonies
which might be helpful would be those from the pastor or associate of
the candidate's parish, recommendations from former employers or
business associates, school administrators or teachers, as well as
transcripts, degrees, certificates of study, and military discharge or ter-
mination papers.
In certain cases a testimonial from a spiritual director may be helpful.
Since this is a confidential relationship the institute should ask the candi-
date to request the testimonial or secure the written permission of the
candidate to make the request. In requesting information from a spiritual
director, the candidate and the institute should agree on the informa-
tion that the director will be permitted to relate. This will protect the
candidate, the spiritual director, and the institute.
Proper law can either specify additional testimonials or institute policy
can develop a detailed checklist of helpful testimonials that a vocation
director or admitting superior can review with each candidate and choose
to request those which are most relevant to the candidate's situation. For
some institutes a combination of the above may be the most helpful.
Testimonials from a variety of sources give the institute an insight
into the character, personality, attitudes, values, and work habits of the
candidate from several points of view which along with other materials
can paint an accurate profile of the candidate.

§4

In cases of necessity superiors can ask for additional information, even

secretly. It is a serious responsibility to admit a candidate to an institute.
A superior should be able to resolve any serious doubts or concerns re-
garding any important areas of a candidate's life.
Additional information simply refers to any information that a
superior believes that it is wise and prudent to procure in order to make
a good decision, that is not otherwise required by the canon law, proper
law, or even other institute regulations, statutes, or policies.
additional information the superior is seeking may be sought in
The
a secretmanner, which is different from attempting to obtain secret in-
formation which this canon does not permit. To seek information secretly
means that the candidate is unaware that the superior is seeking the in-
formation. In such cases the superior should be motivated by a sufficient
cause. Sufficient cause would be reliable testimony regarding a matter
132 / JORDAN HITE, T.O.R.

that would bar admission or even testimony not considered reliable about
a serious matter that it would be imprudent to overlook. Normally, these

matters should be brought to the attention of the candidate in order

first

to try to resolve them, unless there is cause to believe that reliable

testimony would be obstructed by being brought to the candidate first.
There are matters of public record or quasi public record that may
be obtained without knowledge of the individual. Records of birth, mar-
riage, divorce, death, arrests, convictions, credit rating, membership in
an organization may be a matter of public access or obtainable on re-
quest. Even though these may be easily available, an institute should not
request them without serious cause. For example, a candidate may be
suspected of trying to hide a criminal record by stating that he or she
was never convicted, but someone who knew the candidate previously
had casually commented on the previous conviction of the candidate.
An institute may be justified in secretly seeking the record instead of em-
barrassing the candidate or itself in case the person who made the casual
comment is mistaken.

NOVITIATE AND THE TRAINING OF MEMBERS

CC 646-653 establish the purpose of the novitiate, the manner of its erec-
tion, transfer and suppression, requirements of time and place for valid-
ity, the qualifications of the novice director, the responsibilities of the
novice director and the members of the institute for formation, and pro-
vision for departure, dismissal, or extension of the time of novitiate.
Several of the provisions in this section are adopted from RC totally
or with modifications. These will be noted in the commentary on the
individual canons.

C 646

The novitiate, by which life in the institute begins, ordered to this, that the
is

novices better recognize their divine vocation and one which is, moreover, proper

to the institute, that they experience the institute's manner of living, that they
be formed in mind and heart by its spirit, and that their intention and suitabil-
ity be tested.

The novitiate is the formal and legal beginning of religious life.

10
The
purpose of the novitiate is to provide for its beginning, and as the canon
notes life in the novitiate is to be ordered to this purpose. The canon states
both the objectives of the novitiate and the means to accomplish the
objectives.
 Admission of Candidates and Formation of Members / 133

In the novitiate the novice is to consider the two basic elements of

his or her vocation, namely, that it is a divine call from God issued per-
sonally to that individual and that the call is particular to the institute.
The call that is particular to an institute is the specification of the divine
call. The responsibility of the director and the novitiate program is two-

fold. First, to discern and test the actuality of the divine call which may
ormay not be to that institute, but if a divine call exists, it is still to be
nurtured and discerned with the novice. Second, to discern and test
whether there is a call to the institute. This is to take place by means
of experiencing the life of the institute and being formed in the life and
spirit of the institute.
Thus, the development of an appropriate novitiate program is to begin
with these premises and specify them to express the life and needs of the
institute. The specific elements of the program should be outlined in writ-
ten form The purpose and general requirements of the novitiate can be
.

placed in the constitutions and directory, but the program and its policies
should be placed in a form of proper law that is easy to change, since
they may require constant monitoring and adjustment.

C 647

§1. The erection, transfer and suppression of a novitiate house are to take place
through a written decree of the supreme moderator of the institute with the con-
sent of his or her council.

§2. In order to be valid a novitiate must be made in a house properly designated

for this purpose. In particular casesand as an exception, by concession of the
supreme moderator with the consent of the council, a candidate can make the
novitiate in another house of the institute under the guidance of an approved
religious who assumes the role of director of novices.

§3. A major superior can permit a group of novices to live for a stated period
of time in another house of the institute, designated by the same superior.

u
This section provides for the erection, transfer, and suppression of the
novitiate, which is to be accomplished by the written decree of the
supreme moderator with the consent of the council. This is a change from
CIC 554, §1, which required pontifical institutes to seek the permission
of the Holy See to erect a novitiate. The source of C 647, §1 is RC 16,
i, which gave this power to the superior general with the approval of

the council. RC 16, i further gave the superior general the authority
to determine the character and pattern of life in the novitiate as well
as deciding the particular house to be used as the novitiate. The present
134 / JORDAN HITE, T.O.R.

law only gives the supreme moderator the authority to decide the place
of the novitiate. Thus, it rests with the proper law to indicate who has

the remaining authority. In institutes divided into provinces, it may be

more practical for a provincial and/or council to determine the character
and pattern of life of the novitiate. Provinces may take the initiative in
petitioning the supreme moderator to erect a novitiate, or the initiative
may come from the supreme moderator after assessing the need of the
province.
In omitting the latter provision of RC 16, i, the present law allows
each institute to apportion responsibility on the details of the novitiate
to the appropriate level of authority.
Transfer and suppression of the novitiate also belong to the supreme
moderator and council. Transfer may occur simply because a more apt
place has been found for the location of the novitiate. Suppressing a
novitiate would occur because of events that would lead the supreme
moderator and council to believe that the novitiate was not being oper-
ated in accord with the law of the Church or the institute and the best
solution would be to close it because the situation is not easily correctable.
The lack of novices is not cause for the suppression of the novitiate.
This canon does not cover the situation described by RC 17, which
permitted the superior general with the approval of the council and after
consultation with the appropriate provincial to establish several novi-
tiates in the same province should the need arise. According to CIC 554,
§2 a special apostolic indult was needed in order to have several novitiate
houses in the same province.
The CIC 554, §2 was apparently that two or more
rationale behind
same province could cause division or compromise unity.
novitiates in the
However, there are situations in which two or more novitiates would
be appropriate. In situations where an institute or province has a mis-
sion that is geographically distant and/or culturally distant, another
novitiate is proper. In cases where an institute or province has a large
number of candidates in each of several countries where there may be
diverse culture, language and customs, other novitiates may be needed
in order to fulfill the responsibility of an appropriate formation.
This canon places no restrictions on the practice of having one
novitiate for several provinces, especially in cases in which there are not
enough novices or sufficient competent formation personnel to justify
separate novitiates. This is accomplished by the decree of the supreme
moderator. If different pontifical institutes desire a common novitiate,
they should petition SCRIS, since at least some of them would not be using
a house of the institute for the novitiate. 11
 Admission of Candidates and Formation of Members / 135

RC 18 emphasized the importance of community life in the forma-

tion of novices. Wherever the group of noviceswas too small to form
a community in itself, the superior general was charged with setting up
the novitiate in another community capable of supporting the novice com-
munity. Since novice classes are often small or consisting of only one
novice, it may be necessary to have the novices live in a house of pro-
fessed members. When erecting such a house as a novitiate, the superior
should realize that not all houses are suitable for a novitiate. A particular
apostolate or the life-style of some of the members may render a house
unsuitable where the members of a local community are too busy or lead
schedules that do not permit communal relationships with novices or there
is a lack of fidelity in leading the life of the institute that would provide

a negative witness to those beginning religious life.

A novitiatemust be made in the house expressly designated as a novitiate

in order to be valid. The term religious house is not always coterminous
with novitiate. A particular house may be a novitiate, but a novitiate
may also be part of a house. It is the entity that is the novitiate that is
described in the canon.
By concession a supreme moderator with the consent of the council
can allow the novitiate to be made by a candidate in another house of
the institute under the guidance of an approved religious who assumes
the role of novice director. This provision presumes there is already a
designated novitiate and this special action is providing for a novitiate
to be made outside of the designated house. This may occur because of
the special background of the novice such as age, experience, orders, or
the promotion of a special charism of the institute that would make a
particular house more suitable for an individual's novitiate.
This section is taken from RC 19, which altered CIC 555, §1, 3° re-
quiring that for a novitiate to be valid it had to be made in the novitiate
house. This change was made in RC 19 because SCRIS had received re-
quests to allow the novitiate to be made in another house of the institute.
A supreme moderator and council considering such a request will need
to consider whether the purpose of the novitiate can be accomplished
in another house. Important considerations would include the presence
of a supportive community life, the faithful example of the religious, the
availability of on-going training in spirituality and the history and tradi-
tions of the institute, and an atmosphere of prayer and recollection that
may not be present in other houses of the institute. Depending on travel
considerations, the formal training or classes in the spiritual life and the
136 / JORDAN HITE, T.O.R.

history and tradition of the institute may be conducted at a designated

novitiate or by a religious who is capable and available for such instruc-
tion. It is the "spiritual atmosphere" that may be a more difficult con-
sideration in permitting a novitiate to be made in another house of the
institute. This will be both the responsibility of the religious assigned to
the alternate house and the director of the novice who must be qualified
and have time available to direct the novice.

§3
In contrast to the first two sections of C 647, the major superior rather
than the supreme moderator can permit a group of novices to live in
another house of the institute for a stated period of time. The house is
to be designated by the major superior, but the major superior need not
have the consent or consultation of the council although proper law may
so provide.
This section does not state either the reasons (for a particular ex-
perience of prayer or spirituality) or the weight of the reasons (for a serious
cause). Therefore, the major superior may permit the novices to live in
a designated house for any appropriate reason. Again, the formation
policy of the institute may list some of the reasons for living in another
house of the institute.
Examples of appropriate causes for living in another house of the in-
stitutewould be to live in a house of prayer or retreat, to attend special
conferences in spirituality or religious life, to live with a community that
engages in a special apostolate, or even to provide a period of rest or vaca-
tion. The only qualification is that a stated period of time be lived in
another house of the institute. For most institutes the reasons for grant-
ing permission to live in another house should follow the spirit of C 646
in providing a better experience for the life or varieties of life in the in-
stitute or to provide an important formational experience for the novices.
When this section is read in conjunction with C 648, §2, it can be

seen that it is not intended to provide for a series of diverse apostolic ex-
periences. Nor is it intended to cover an experience for an individual
novice, since the canon speaks of "a group of novices," unless, of course,
there is only one novice. It does not seem that it is necessary for the en-
tire novitiate group to live in another house, since the canon applies to
a "group of novices." Thus, for example, in a group of twelve, three
groups may be sent to four different houses. There is a presumption of
the move being made by a community or part of the community of
novices rather than individual novices. This is realistic, since a particular
house may not have room for an entire community of novices.
 Admission of Candidates and Formation of Members / 137

In light of C 648, §1, providing for twelve months in the novitiate

community itself, the permissions granted in virtue of this section should
not be so numerous as to interrupt the stability of the twelve-month
novitiate.
This section is a change from RC 16, ii, which authorized the superior
general to allow the novice community to reside for certain periods of
time in another house of the institute if this would be appropriate for
the formation of the novices. The changes from RC 16, ii, to C 648, §3
are twofold. First, the authority is now in the hands of the major superior
rather than the superior general. Second, RC authorized the move to
allow for the more appropriate formation of the novices, while the pres-
ent section provides no rationale but leaves supplying of a rationale to
the institute or major superior.

C 648

§1. In order that the novitiate be valid it must include twelve months spent

in the community of the novitiate itself, with due regard for the prescription
of can. 647, §3.

§2. To complete the formation of the novices, in addition to the time men-
tioned in §1, the constitutions can determine one or several periods of apostolic
exercises to be spent outside the novitiate community.

§3. The novitiate is not to extend beyond two years.

This canon describes theminimum and maximum length of the novitiate

and provides for special training or apostolic experiences outside the
novitiate community. It is important, since it modifies the prescriptions
of RC regarding the same matters.

§2

A novitiate must include twelve months in the novitiate community in

order for it to be valid. The time period is same as CIC
substantially the
555, §1,2°. However, the period of twelve months is different than the
previous requirement of over a full year, which was understood as at
least a year and a day. The condition of CIC 555, §1,2° that the year
be continuous is omitted. If this section is read with C 647, §3 and C
649, §1, it seems clear that a valid novitiate requires twelve months in
residence in the designated novitiate, except for the period of time that
may be spent in another house of the institute with the permission of
the major superior.
The requirement of twelve months has been maintained to emphasize
the importance of the novitiate.The omission of the requirement that
the twelve months be continuous seems to mean that the periods of
138 / JORDAN HITE, T.O.R.

apostolic activity described in C 648, §2 may occur as interruptive of

the twelve months though they are to be added on to the twelve months.
Even the permitted periods of time to be spent outside the house should
not be so extended or so frequent as to disrupt the novitiate. Realistic-
ally, twelve months is a relatively short time for an institute to lay a foun-
dation for the spiritual life and to discern the vocation of the novice. Ex-
perience shows that it often takes several months for a novice or com-
munity of novices to adjust to the new lifeand that it is only after this
period that the more serious matters may be fruitfully undertaken.
initial

The whole atmosphere of prayer, study, reflection, and some minimal

ministry takes time to bear fruit for the novice. If it is frequently inter-
rupted, even for the purpose of ensuring the novice has a more complete
experience of the life of the institute in all its varieties, which is helpful
in its own right, the novitiate can become a series of short experiences
in and out of the novitiate community that may be an obstacle to the
deep prayer and reflection necessary during this period. An institute
should not be overly ambitious in trying to ensure an experience of
everything during the twelve months, but it should view its entire for-

mation program which emphasizes certain areas during each

as a unit
period of formation so that the novitiate is an important beginning but
not a time during which everything must be accomplished.

§2

If an more than twelve months is needed to prop-

institute believes that
erly train the novices, can provide in its constitutions for one or more
it

periods of apostolic exercise to be done outside the novitiate community.

This section is an outgrowth of RC 23, i, but covers in less detail the
principles, means, and limitations that were offered in RC 23, 24, and
25 in regard to periods of time outside the novitiate, some of which are
wise considerations should an institute develop a program in accord with
this section.
The first difference between C 648, §2 and RC 23, i concerns
authorization of the periods of time beyond twelve months. RC 23, i
authorized a two-thirds majority of the general chapter to permit such
activities, while C 648, §2 requires that it be in the constitutions. From
the wording of this section, it does not appear that this power can be
delegated to a province or a special committee within the institute.
However, in order to have flexibility the constitutions may provide for
periods of apostolic exercises outside the community and leave the details
to the province and other forms of proper law. This would provide the
necessary flexibility in using the opportunities granted by this section.
 Admission of Candidates and Formation of Members / 139

It would be consistent with the sound advice of RC 23, which left

also
to the novice director with the approval of the major superior whether
such periods would be advantageous for formation.
The second difference between RC 23, i and C 648, §2 is that C 648,
§2 speaks of periods of apostolic exercises, while RC 23, i spoke more
generally of appropriate formative activities. In itself C 648, §2 is more
limited than RC 23, i; however, since C 648, §3 provides that a novitiate
may extend up to two years without describing what activity may take
place during this extra period of time, it seems that other appropriate
formative activities that are not specifically apostolic or that can be pro-
vided for under C 647, §3 may be provided for beyond the twelve-month
period.
RC 23, ii further provided that such periods of time may involve one,
several, or a whole community of novices, but as far as possible an in-
dividual novice should not spend this period in isolation. This is consis-
tent with the spirit of C 647, §3, which emphasizes the notion of com-
munity by speaking of a group of novices. Again, this is an important
consideration for a community in planning apostolic exercises. Commu-
nity support is important; however, if there is an important experience
that can only be gained individually or the institute is involved in
numerous individual assignments, then it may be appropriate for a novice
to have an individual period of apostolic exercise.
RC 23, iii expressly provided that during these periods the novice was
still subject to the novice director. This requirement would be retained
according to the general authority granted to the novice director by CC
650, 651, and 652.
RC 25, i considered the purpose of the periods of time. First, it should
be in accord with the aim of the institute and the character of its work.
Second, the purpose must be formative and in some cases enable the in-
stitute to make a better judgment regarding the suitability of the novice.
It mentions several purposes such as progressive preparation for apostolic

work, bringing the attention of the novice to poverty and hard work,
them a deeper knowledge of people, strengthening their wills,
offering
making them aware of the work of the institute, and giving them the
opportunity to strive to live faithfully in the midst of an activelife. These

are all important factors an institute should consider in planning for

periods of apostolic exercises.
The combination of RC 24, i and ii, allowed these activities to take
place within the context of a twelve-month novitiate; however, the
periods of time could not be counted toward the twelve-month period
of novitiate. In addition, they had to be structured so that the novice
140 / JORDAN HITE, T.O.R.

began with three months in the novitiate, had six continuous months in
the novitiate, and then returned at least a month prior to profession. The
structuring of the time periods is now left to the institute.
RC 24, provided for an institute to prescribe a period of formative
iii

activity prior to the beginning of the novitiate. This could include living
in a house of the institute or an extended retreat or period of recollection
to prepare for entrance into the novitiate. An institute may continue such
a practice as a matter of proper law.

§3
The total length of a novitiate should not extend beyond two years. This
is a shorter version of CIC 555, §2, which was more explicit in allowing
than
institutes to prescribe in their constitutions for a novitiate of longer
one year; however, the extra time was not required for validity unless
the constitutions stated otherwise. The previous law did not have a two-
year limit, which was introduced by RC 24, i.

According to this section an institute may provide for a novitiate of

any period of time between twelve and twenty-four months; however,
twelve of the months must be spent in the novitiate community for valid-
ity according to the universal law. Since the universal law does not pre-
vent it, the proper law of the institute may provide that the additional
period of time required by the proper law be for validity as well. As in-
dicated above, although an institute is authorized specifically to include
additional periods of apostolic exercises in accord with C 648, §2, it may
also provide for any other additional period of formation activity so long
as it does not extend the novitiate beyond two years.

C 649

§1. With due regard for the prescriptions of cann. 647, §3, and 648, §2, absence
from the novitiate house which lasts more than three months, either continuous
or interrupted, renders the novitiate invalid. An absence of more than fifteen
days must be made up.

§2. With the permission of the competent major superior first profession can
be anticipated, but not by more than fifteen days.

The two canon define the two instances that a novice need
sections of this
not be present at the novitiate without the time being made up. These
are limited absences and anticipation of profession. Other absences must
be made up, but if beyond the limit, they cannot be made up and render
the novitiate invalid.
 Admission of Candidates and Formation of Members / 141

§1

Any absence from the novitiate except those covered by C 647, §3 and
C 648, §2, which lasts more than three months, whether continuous or
interrupted renders the novitiate invalid. Any absence longer than fif-

teen days must be made up.

This is a change from CIC 556, §1, which provided that an absence
of more than thirty days interrupted the novitiate; thus, the entire
novitiate had to be repeated. RC 22, i modified CIC 556, § 1 and is the
source of the present law. In accord withRC 22, i, the period of absence
isextended to three months. Until this time the law governing absences
was interpreted as being a combination of RC 22, i and CIC 556, §1
because RC 22, i did not repeal the section of CIC 556, §1 which de-
which the novitiate was interrupted by dismissal
scribed the instances in
by the superior or departure without the superior's permission and not
intending to return. Thus RC 22, i was interpreted as being limited to
situations in which the absence of the novice was with the permission
of the superior.
Since this section does not specify the causes of absence it seems that
any absence with or without permission is included in the wording of
this section. Thus, even if the absence is due to dismissal or departure
without permission if the time limits are not exceeded the novice may
be received back into the novitiate. An institute may prefer to regulate
such situations in proper law. Given the seriousness of dismissal and
departure without permission, such reasons would be cause for serious
consideration before giving a novice permission to return.
Since the absences may
be continuous or interrupted, there will be
a need to calculate the time of absence which may be slightly different
depending on whether the absence is continuous or interrupted. If the
absence is continuous, 12 it would be counted by the days of the calen-
dar. For example, if an absence began on May 15 and was continuous,
it should end August 15 for the novitiate to be valid. If a novice has several

absences, the time of absence should be counted in accord with C 202,

§1, which provides that a month is a period of thirty days. Thus, if the
total number of days that a novice is absent exceeds ninety days, the
novitiate is invalid. If the absence is continuous, the number of days may
exceed ninety if there are one or more thirty-one day months, but the
novitiate will still be valid as long as the absence terminates on the proper
date of the month.
RC 22, ii provided further that if the absence were less than three
months, the major superior, after consulting with the novice director and
142 / JORDAN HITE, T.O.R.

taking into account the reason for the absence, could decide in each in-
dividual case whether or not to have the novice make up the time of
absence by extending the time of novitiate. This was a change from
CIC 556, §2, which required absences of more than fifteen days but less
than thirty-one days to be made up to the exact day, while for an absence
of less than fifteen days the superior had discretion in deciding whether
the absence should be made up, but it was not necessary for validity.
The final sentence of C 649, § 1 is a return to the former law in declar-
ing that an absence of over fifteen days must be made up. The fifteen
days refers to both continuous or interrupted absences. For example, if

a novice is twenty days or for two periods of ten days

in the hospital for
each, five days must be added to the length of the novitiate for it to be
valid.
There is no restriction on the causes for absences. It could be extended
absences for the illness of the novice, a funeral or illness in the family,
vacation, or special counseling or spiritual direction that is not a regular
part of the novitiate program. Any cause that is not provided for in the
previous canons would be limited by the restriction of fifteen days and
must be made up. The sense of the canon seems to be that it must be
made up to the exact number of days. Therefore, if a novice is absent
thirty days over the limit of fifteen days, the time to be made up would
be thirty days.

§2

First profession may

be anticipated by up to fifteen days with the per-
mission of the competent major superior. This is a change from CIC 555,

§1, 2°, which made no exception to the rule that for a novitiate to be
valid it had 'to extend continuously over one full year. This section is based
on RC 26. There is no restriction on the reason for allowing profession
to be anticipated. Thus, a major superior may grant permission for any
reasonable motive or even mere convenience. For example, the profes-
sion can be anticipated so it falls on the day of a particular liturgical
feast of the Church or a feast that is important to the institute, the novice
class, or the novice. The permission will also be useful if the novices did
not enter on exactly the same day so that a common day of profession
can be chosen for a novice class. Permission can also be granted for the
convenience of allowing families, guests, or the novices a better time for
travel or to permit the novice to meet a particular date for assignment
or further training.
CIC 574, §2 required that vows be professed in the novitiate house.
RC 20 permitted the major superior for good cause to allow first profes-
 Admission of Candidates and Formation of Members / 143

sion to be made outside the novitiate house. The present law

has no such
an institute is free to have the profession made at
restriction; therefore,
any suitable place. For example, the institute may wish to hold profes-
sion at the motherhouse, a place central to the institute, or at a place
which could hold a large number of people. The place of profession could
also be chosen because it was special to the novice or close to the family
of the novice, especially if it were difficult for a family member to travel
because of illness or handicap. The value of having profession at the
novitiate, the motherhouse, or elsewhere should all be weighed so as to
arrive at an appropriate decision.

C 650
The scope of the novitiate demands that the novices be formed under the
§1.
guidance of a director according to the program of training to be defined by
the proper law.

§2. The governance of novices is reserved to one director under the authority
of the major superiors.
Beginning with C 650 there are a series of provisions in CC 650-652 deal-
ing with the novitiate program, the qualities of the novice director and
assistants, the responsibility of the novices, and the responsibility of
members of the institute to the novices.

§i
The first section covers two points. First, the novices are to be formed

under the supervision of a director. Second, the novices are to be formed

according to a program of training defined by the proper law.
The idea that novices are to be placed in the care of a director is com-
pleted by C
650, §2, which one director.
reserves the responsibility to
This section is rooted in CIC 561, §1 and RC 30. The emphasis here is
on the scope of the program, which is implemented by the director as
opposed to the notion of governance covered by C 650, §2. The sense
of this section is to provide a unity in the novitiate program that would
not be obtainable if the authority to implement the program were di-
vided. Besides preserving unity in placing the program under the super-
vision of the novice director, unity is by giving the novice
also fostered
director the responsibility of forming the novices according to the pro-
gram of the institute.
This section places major importance on the novitiate program as
defined by the proper law. It does not call for the program to be out-
lined in the constitutions, and in order to retain flexibility it should

probably be placed in a lesser form of proper law so it can be revised

according to the needs of the institute.
144 / JORDAN HITE, T.O.R.

§2

The governance of novices is reserved to one director under the author-

ity ofmajor superiors. In addition to the novice director's responsibility
for the program of training mentioned in C 650, §1, this section comple-
ments that authority by placing the governance of the novices under one
director. Thus, personal authority in regard to the novices rests with the
director. The purpose of this section is to try to provide an atmosphere
of harmony and unity in goals and means, which is an important ingre-
life. This section means that members
dient at the beginning of religious
of a formation team may not be allocated equal amounts of authority
or that one person on a team may have complete authority over a partic-
ular area of the program. Even though supervision of an aspect of the
training of the novices may be delegated to someone else, ultimate
authority resides with the novice director.
This would especially apply in situations in which novices are part
of a larger community where the local superior has overall responsibility
for the house. CIC
561, §1 directly addressed the matter by providing
that the government of the novitiate belonged to the novice director, and
no one could intervene in these matters except superiors who had author-
ity over the novice master. The novice director and the novices were sub-
ject to the local superior in matters concerning the house at large. Since
these matters are omitted from the present law, it would be up to the
institute to state in proper law or policy the balance or areas of author-
ity in a clear manner so that the novice director can properly meet the
responsibilities of the office.
The last clause of this by the
section places the governance of novices
director under the authority of major superiors. It is the responsibility
of the major superior to ascertain whether the novice director is follow-
ing the institute's program of formation. It can be a delicate task to
oversee a program while not interfering with it. This would probably
mean occasional visits to the novitiate and discussions with the novice
director in order to be informed about the operation of the program.
This is necessary because if the program is not being followed or the novice
director is unable or unwilling to meet the important responsibilities of
the office, then it is up to the major superior to correct the director or
in some cases to replace the director.
The wording of this section speaks of major superiors in the plural.
In cases where there is a common novitiate of several provinces, authority
would rest with the several major superiors. The principles and methods
of exercising authority where more than one major superior is involved
 Admission of Candidates and Formation of Members / 145

should be clearly outlined in order to avoid fragmentation and duplica-

tion of lines of authority for the novice director.
A novice is under the authority of both the novice director and the
superiors of the institute. Thus, the novice is obliged to obey the director
and superiors. This obligation is not based on the vows, since profession
has not yet been made but on the acceptance of the novice of under-
taking the responsibilities of religious life upon being received into the
institute.In the past this has been likened to a quasi contract, which is
apt in the sense that the novice and the institute have agreed to commit
themselves to a series of mutual responsibilities, but the term may be
a bit mundane to apply to a response to a divine call.

C 651

§1. The director of novices is to be a member of the institute who has pro-
fessed perpetual vows and is legitimately designated.

§2. If there is a need, assistants can be given to the director to whom they
are subject regarding the governance of the novitiate and the program of training.
§3. Members who have been carefully prepared and who, not impeded by
other duties, can carry out this duty fruitfully and in a stable manner are to
be in charge of the training of novices.

The subject of this canon is the qualifications of the novice director,

assistants to the novice director, the preparation of the directors and
assistants, and the limitation in regard to other duties.

§1

The minimum requirements for a novice director are that the director
should be a member of the institute, professed perpetual vows, and be
legitimately designated.
The requirement of membership in the institute was presumed rather
than stated in the former law. The requirement of membership means
that institutes that send novices to another institute for their novitiate
must get a dispensation from SCRIS for pontifical institutes and the bishop
for diocesan institutes in order to do so.
The requirement of perpetual vows is a change from the former
qualifications of being at least thirty-five years of age, professed ten years
from the date of first profession, distinguished for prudence, piety,
charity, fidelity to regular observance, and if the institute was clerical,
the director had to be a priest. The only requirement now is that the
member has professed perpetual vows. All other qualifications that an
institute desires belong in the proper law.
146 / JORDAN HITE, T.O.R.

12

In case of need, assistants can be appointed to aid the novice director.

Assistants are subject to the director in regard to both the governance
of the novitiate and the program of training. In the former law there
were also qualifications of age and time of profession that just as for the
novice director are now matters for proper law.
This provision incorporates the opportunity to utilize a team concept
of formation that so many institutes have found beneficial, with the
understanding that the assistant or team is subject to the novice direc-
tor. The fact that assistants are subject to the director should not pre-
vent a true spirit of cooperation and designation of special areas of respon-
sibility for assistants.
The use of assistants is not only helpful when dealing with a large
number of novices, but appointing assistants will broaden the scope of
talent, competence, and service available to novices. It is difficult for
one person to bear the total responsibility of formation, even if the director
is exceptionally talented. Team members with education and experience

in spirituality, the history and charism of the institute, the Scriptures,

liturgy, spiritual direction, counseling, or other helpful areas would be
useful members of a formation team.
There is also an advantage of having assistants in providing a more
complete living witness to the life of the institute. A variety of positive
role models will impart a lesson that can have a powerful impact on
novices.
Since the novice director is required to render reports and evalua-
tions, the presence of assistants will add a dimension and perspective to
the reports and evaluations that would not be possible with only one per-
son. The ability to discuss one's impression of a novice and to hear
another's impression is beneficial in compiling a composite evaluation
that provides a more complete picture. A novice director and assistants
may confirm one another's evaluation or disagree with it. Even if an assis-

tant adds a section to a report that is not in agreement with that of the
director, it still provides those who have the responsibility of admitting
a novice to vows a perspective that should aid them in making their
decision.
Another benefit appointing assistants to the director is that of pro-
in
viding mutual support for those who have been given the duty of form-
ing novices. If a director is alone in fulfilling the responsibilities and has
no one within easy reach to communicate with either in regard to the
task of formation or even at a brotherly or sisterly level, the responsibilities
 Admission of Candidates and Formation of Members / 147

of formation can be a heavier burden than if there is someone with whom

to share them.

§3

In order for the director to carry out the training of novices in a fruitful
and stable manner, this section declares thatonly those who have been
adequately prepared and who are not burdened with other duties should
be appointed to the office.
The careful preparation of members for roles in the formation of
novices can be carried out in a variety of ways. There are formal pro-
grams of study and training in the ministry of formation or programs
thatwould be beneficial to an important aspect of the formation of
novices such as studies in spirituality, spiritual direction, special studies
in the history and charism of the institute or its tradition, and counseling.
Practical experience such as teaching, spiritual direction, counseling,
working with young people, along with experience in the apostolates of
the institute, can be important preparation. Although the canon seems
to speak of preparation in terms of prior preparation, it is also impor-
tant to plan a program of continuous updating and meeting with other
people in the ministry of formation to stay abreast of developments in
the field of formation.
The novice and assistants are not to be burdened with other
director
duties so that the primary responsibility of training the novices is not
deterred in any manner. This directive was also found in CIC 559, §3.
The intent of this qualification is to emphasize the importance of the
responsibility of the novice director and assistants and to caution them
not to voluntarily undertake tasks or assignments that undermine their
primary obligation. The same caution applies to superiors, major and
local, not to assign the director and assistants tasks that interfere with
formation. One commentator said of the norm of CIC 559, §3 that it
would be contrary to it to place the same religious over three classes of
candidates such as aspirants, postulants, and novices. 13 With the small
numbers in formation groups, such an assignment may not be burden-
some because of the number of people to be formed, but it may be
burdensome because it fragments the duties of the director or because
it places candidates in formation under the care of one person for too

long a period of time.

Itmay seem to some that a novice director has a large amount of
free time and should be available for ministry. This may be misleading
in regard to availability for other work, since the duties of the director
require much time for prayer and thought in order to offer insightful
148 / JORDAN HITE, T.O.R.

advice and direction to novices as well as perceptive reports and evalua-

tions to superiors.

C 652

§1. It is for the director and assistants to discern and test the vocation of the
novices and to form them gradually to lead correctly the life of perfection proper
to the institute.

§2. The novices human and Christian virtues;

are to be led to cultivate they
are to be introduced to a fuller way of perfection by prayer and self-denial; they
are to be instructed to contemplate the mystery of salvation and to read and
meditate on the Sacred Scriptures; they are to be prepared to cultivate the wor-
ship of God in the sacred liturgy; they are to be trained in a way of life con-
secrated by the evangelical counsels to God and humankind in Christ; they are
to be educated about the character and purpose and discipline, history
spirit,

and life of their institute; and they are to be imbued with a love for the Church
and its sacred pastors.

§3. Conscious of their own responsibility, the novices are to collaborate ac-
tively with their director so that they may faithfully respond to the grace of a
divine vocation.

§4. Members of the institute are to take care that on their part they cooperate
in the work of training novices by the example of their life and by prayer.
The time of novitiate mentioned in can. 648, §1, is to be employed prop-
§5.
erly in thework of formation and therefore the novices are not to be occupied
with studies and duties which do not directly serve this formation.

The five sectionsof this canon describe the mutual responsibilities of the
directorand assistants and the novices during the course of the novitiate,
the importance of the good example of members, and the appropriate
use of the time in the novitiate.

§i

It is the responsibility of the director and the assistants to discern and

test the vocation of the novices and to gradually form them to faithfully
lead the life proper to the institute.
The first charge to the director and assistants is to discern and test
the vocation of the novices. This is a further specification of the direc-
tion indicated in C 646. The source of such discernment and testing is
in the institute's understanding of its own vocation and presenting it
clearly to the novices. A vocation in the institute should be described as
clearly as possible so that a novice is able to identify him or herself within
the institute. Admittedly, the mystery surrounding a vocation, the variety
of expressions of a vocation within a particular institute, and the on-going
 Admission of Candidates and Formation of Members / 149

growth, development, and self-understanding of the institute prevent

every little detail from being presented. On the other hand failure to

describe a call to the institute will leave the director and the novices
without clear goals or guidelines and can be a source of confusion and
contention if each director and/ or novice feels he or she must supply their
own notion of vocation.
The idea of testing a vocation refers to the cumulative experiences
of the novice in being introduced to the life of the institute. Past notions
of testing a vocation that had little to do with faithfully living the life
of the institute are now understood as being more of an obstacle to com-
ing to a decision regarding a vocation than a help.
The final clause of this section connects two ideas. The first is that
the novices are to be formed gradually. This is a counsel based on a
realistic pattern of human growth. To expect a novice from the very
beginning, or too quickly, to meet demands
for which the novice is un-
prepared will impede growth rather than aid it. Moreover, each person

grows at his or her own pace so that notion of gradual growth must be
refined to accommodate the growth of a particular novice. This gradual
formation is to take place in the context of forming the novice to lead
the life of the institute. It is especially important that in addition to form-
ing the novice as an individual that the whole program of formation be
adapted to the life the novice will lead after having professed vows in
the institute.
Each institute will need to develop a program to guide the director
and assistants in fulfilling the directives of this section. A program of in-
terviews, evaluations, conferences, retreats, work, apostolic, and spiritual
experiences are all methods at the disposal of the director and the
assistants.

12
This lengthy section offers a seven-point program for the instruction of
novices to ensure each institute touches the foundation of religious life

in its training.
The roots of this section are in CIC 565, §1 and RC 15, iii, iv, and
31. This section is more positive in tone than the former law and much
closer to the sense of RC 15. The areas of instruction are divided into
those which form the foundation of the Christian life (human and Chris-
tian virtues, prayer and self-denial, reading and meditating on the Scrip-
tures, devotion to the liturgy, and a love of the Church and its pastors)
and those pertaining especially to the religious life (the life of the
evangelical counsels and the character, spirit, goal, discipline, history,
and life of the institute).
150 / JORDAN HITE, T.O.R.

Having offered the direction of the training to be undertaken in the

novitiate, it is up to the institute to accomplish the training by the means

best suited to it.

Commentators on the previous law recommended that a complete

copy of the rule and constitutions, not merely a summary, should be given
to novices at the beginning of the novitiate. The reception of novices in
some handing over of the rule and constitutions of
institutes includes the
the institute to the novice with the counsel to study it. This section speaks
generally of the life of the counsels and the discipline of the institute;
however, the principles of the life of the institute are collected in the
rule and constitutions. Without adopting a legalistic spirit by handing
over the rule and constitutions with the injunction to obey what is writ-
ten, it should be understood that the constitutions represent the com-
mon understanding of the life of the institute and oblige every member
including superiors and formation personnel. Therefore, they do need
to be introduced and studied at an appropriate time during the course
of the novitiate, since the profession of vows is a promise to live the life
as set out in the rule and constitutions.

§3

Novices have a responsibility to actively collaborate with the director

so they can faithfully respond to the grace of their vocation. This section
is an outgrowth of RC 32, which offered a sequence of principles that
led to the conclusion that novices should both cooperate with positive
and responsible obedience and be able to act on their own initiative.
32 began with the premise that there should be a harmony of outlook
and approach between superiors, the novice director, and novice. These
relationships were to be marked by gospel simplicity, loving kindness,
respect for the dignity of the person, and mutual trust. The conclusion
was that the director encourage the novices so they would be able to be
both obedient and act on their own initiative.
This section has a slightly different emphasis, since it places the
responsibility squarely on the novice rather than expecting the director
to encourage the novices in these attitudes. That does not mean that the
director should avoid encouraging the novices, but rather that the novices
have a personal responsibility that is not entirely dependent on the direc-
tor. Active collaboration at its minimum means that passivity, reveren-
tial fear,and distance should not characterize the relationship. Instead
mutual trust, eagerness to apply oneself, and honesty should mark the
relationship between director and novice. As this section points out, the
purpose of this active collaboration is so the novice can respond faith-
 Admission of Candidates and Formation of Members / 151

fully to the grace of a divine vocation. Although, the human relation-

ship is and should have a good foundation, the divine call is the reason
real
the novice came to the institute and should be sufficient motivation in
and of itself for the novice to exercise personal responsibility in active
collaboration. It may also be noted that since novices for the most part
are older than they were in previous years, they may be more capable
of exercising the personal responsibility called for by this section.

u
Members of an institute are to cooperate in the training of novices by
their exemplary life and prayer. The importance of this new provision
in the law on formation cannot be underestimated and should be ap-
plied beyond the level of the novitiate. This section is not limited to only
those who live in the same community with the novices but every
member.
The life of the members of the institute is probably the most power-
ful witness and impetus that novices can receive either to live fully the
life of the institute or not to live the life of the institute. Young religious

observe and absorb the lessons they are taught to them by the lives of
their brothers and sisters. They compare these observations with the ideals
they are being taught and which are usually so well stated in the rule
and constitutions. Taking into account human failure and sin, young
religious are deeply impressed by those who have preceded them. The
work of formation is no longer solely for the formation staff. Members
have a most important obligation expressed in the law.
For a long time institutes have enacted proper law requiring that only
those religious of "exemplary life" be assigned to live in houses of forma-
tion. Although this is important, this section acknowledges that the
greatest impact on those in formation is the corporate life of the institute.

§5

The twelve months of the novitiate are to be directed to the formation

of the novices; therefore, the novices should notbe occupied with studies
and duties which are not for the purpose of formation.
A similar provision is contained in CIC 565, §3, and more specific
guidelines were given in RC 29. In RC 29 the general chapter was em-
powered to permit or even prescribe studies if they furthered the forma-
tion of novices. If the studies were doctrinal, they were to be directed
to a loving knowledge of God and to strengthen the life of faith. However,
during the canonical year all studies including theology and philosophy
were forbidden if the purpose was to obtain a degree or prepare a novice
152 / JORDAN HITE, T.O.R.

for a special work. These are helpful considerations for an institute in

deciding how to apply this section.
It is clear the novitiate is a school in the sense that novices can attend
classes that further their spiritual and religious formation. It is equally
clear that academic, professional, or career oriented studies are not to
be undertaken. Since many novitiates are now combined with retreat
houses, infirmaries, institute headquarters, or other missions, although
the novices may help in the work of such houses, they should not be ap-
pointed to duties that take them away from their primary state of being
in formation. Interpreters of CIC 565, §3 permitted a limited time to
be devoted to other studies, such as Latin, Greek, a foreign language,
music, or theoretical nursing. This limited training was justified on two
grounds: (1) the novice should be able to review knowledge already ob-
tained so it is not lost, and (2) during this period it is helpful for the direc-
tor to test the talents and abilities of novices. 14
Unlike RC 29 the power to permit, prescribe, or prohibit certain
studies is not reserved to the general chapter; therefore, it may be
regulated at a lower level in accord with this section.
Again, it should be noted that this section refers only to the twelve
months of the novitiate described in C 648, § 1. Beyond this time the train-
ing of the novices may include whatever program the institute believes
would be beneficial to the novice.

C 653

§1. A novice can freely leave an institute; moreover the competent authority
of the institute can dismiss a novice.

§2. When the novitiate is completed, judged suitable, is to be ad-

a novice, if

mitted to temporary profession; otherwise the novice is to be dismissed. If there

is a doubt about the novice's suitability, the time of probation can be extended

by the major superior according to the norm of proper law, but not more than
six months.

This canon lists the options that an institute and novice have during the
A novice can leave or be dis-
course of and at the end of the novitiate.
missed from the novitiate, be admitted to profession, or have the time
of the novitiate extended.

§j

During the course of and at the completion of the novitiate, a novice

can freely leave the institute or the competent authority can dismiss the
novice.
 Admission of Candidates and Formation of Members / 153

CIC 571, §1 was more explicit regarding dismissal, stating it was to

be according to the constitutions by superiors or chapters for any
justifiable reason, and the reason need not be revealed to the novice.
Whether a novice leaves freely or is dismissed, both should be pre-
ceded by proper discernment. A summary of the discernment should be
written in case the novice should apply again to the same institute,
another institute, or a diocese, so that an accurate report can be made.
Proper law should determine the competent authority in cases of
dismissal and could also include some internal procedure for the institute

to follow for a dismissal.

This section does not enumerate the causes for dismissal, and these
would likewise be a matter for proper law. The former law in providing
that a novice need not be given the reason for dismissal did not prevent
the institute from revealing the reason for dismissal. Revealing the reason
has been the common practice of institutes, and it is difficult to imagine

circumstances in which it would be just to withhold the reason for

dismissal from a novice.

§2

At the end of the novitiate, there are three options for the institute and
the novice: (1) admission to vows, (2) dismissal, and (3) extend the time
of novitiate, presuming the novice does not freely leave at the end of the
novitiate.
Profession is the subject of CC 654-658 and dismissal is covered by
C 653, §1.
If there is doubt concerning suitability, the novitiate can be extended
by the major superior according to the norm of proper law, but not more
than six months. Extension may occur at the request of the institute or
the novice. This six-month extension is not the same as the requirement
for days to be made up. It applies only after days have been made up
and the novitiate completed.
Prolongation should not be granted if there is no real hope that
suitability can be established during the extended period. A novice who
was sick during the time of novitiate and completed the canonical re-
quirement of twelve months but was unable to fully participate in the
program, or a novice who was occupied with some problem of vocation
or personal growth for much of the time of the novitiate so as to impair
participation in the novitiate program but has sufficiently resolved the
problem, or other similar situations would be appropriate causes for
extension.
154 / JORDAN HITE, T.O.R.

Since the novitiate has been completed the rules governing interrup-
tion of the novitiate do not apply, however, long absences during the
extension may not permit the institute to arrive at an appropriate decision.
The six-month extension is applicable at the end of the novitiate
whether the novitiate be twelve, eighteen, or twenty-four months. Thus,
if proper law provided for a novitiate of twenty-four months, a superior

could extend the time six months, making the total time thirty months.

RELIGIOUS PROFESSION

CC 654-658 cover both temporary profession and perpetual profes-

sion. Regarding temporary profession, the canons define the length of
time, the requirements for validity, and the option of renewal. Addi-
tional qualifications are added for perpetual profession. The law no longer
provides for the profession of solemn vows; however, an institute can
determine whether its perpetual vows will have the effect that formerly
belonged to solemn vows in its proper law. It can also describe its vows
as solemn in proper law. This would be especially suitable for those in-
stitutes that have always professed solemn vows.

C 654

By religious profession members assume by public vow the observance of the

three evangelical counsels, are consecrated to God through the ministry of the
Church, and are incorporated into the institute with rights and duties defined
by law.

By religious profession a novice: (1) publicly vows to observe the three

evangelical counsels, (2) is consecrated to God through the ministry of
the Church, and (3) is incorporated into the institute with the rights and
duties defined by law.
The two results of profession emphasize the continuing themes
first

of living the gospel 15 and the connection between the divine calling and
the living body of Christ, the Church. The vows themselves obligate a
member to their observance as determined by the law of the Church and
the law of the institute. There is also the explicit recognition that religious
16
enjoy a special calling in the life of the Church.
The
third result has a more direct juridic importance, since by pro-
fessingvows a member is incorporated into the institute and has the rights
and duties defined by law, which refers to both universal and proper law.
The express use of the term "vows" in this canon makes vows the norm
and changes the practice of the use of promises or other sacred bonds
which was permitted by RC 34. Although C 573, §2 uses the language
 Admission of Candidates and Formation of Members / 155

"vows or other sacred bonds," that terminology is meant to apply to all

the institutes governed by the common norms. The sole use of "vows"
17
in this canon represents the choice that applies to religious institutes.

C 655

Temporary profession is made for the time defined in proper law, which may
not be less than three years and no longer than six.

The length of time for temporary profession is to be stated in proper law,

but it is to be for a minimum of three years and a maximum of six years
(see C 657, §2 regarding extensions).
CIC 574, §1 and §2 provided that temporary profession would be
for three years or longer if the member would not reach the required
age for perpetual profession within three years unless the constitutions
stipulated otherwise. RC 4 introduced the principle that the time of for-
mation should be extended over a longer period of time. RC 37 provided
that the time should not be less than three nor more than nine years,
but without allowing for an extension. The present law is a combina-
tion of the former Code and RC in making the norm three to six years,
while allowing an extension of three years.
The purpose of the time of temporary profession is to further discern
and test the call of the member. Since it is much longer than the novitiate,
a greater variety of studies and experiences can be planned. Moreover,
this whole article on profession places no conditions on the formative
experiences that may be included in this period of time. The flexibility
of granting from three to six years is to allow each institute to determine
the length of time it needs to complete its program. Some institutes adopt
a regulation similar in wording to this canon and then establish by policy
an internal norm such as four or five years, while others set no internal
norm except the readiness of the member, which is the most important
qualification regardless of internal policy. The limit of six years meantis

to prevent a member of the institute from putting off a decision which

might otherwise needlessly waste the life and time of the member and
the institute.
The present practice of professing vows for a time period of one or
two years and renewing them at appropriate intervals to fulfill the time
of temporary profession is not barred by this section. In addition, if an
institute permits perpetual profession after three years and a member
has been in temporary vows for three years and renews for one year,
the institute may admit the member to perpetual profession at any time
during the fourth year of vows and need not require the member to com-
plete the fourth year, since the established time limit has been fulfilled.
156 / JORDAN HITE, T.O.R.

C 656

For the validity of temporary profession, it is required that:

1° the person who is about to make the profession shall have completed at
least the eighteenth year of age;

2° the novitiate has been validly completed;

3° admission has been freely given by the competent superior with the vote
of the council in accord with the norm of law;

4° the profession be expressed and made without force, grave fear or fraud;

5° the profession be received by the legitimate superior personally or through

another.

The five requirements for the validity of temporary profession are the
subject of this canon. The five requirements are similar to those contained
in CIC 572.
The further requirement of CIC 576 regarding the rite of profession
whether temporary or perpetual is now covered by the rite 18 published
by the Sacred Congregation for Divine Worship which directs institutes
to submit their formula to SCRIS for approval. Normally, this formula
is stated in the proper law of the institute. According to SCRIS the essen-

tial elements are vows made to God comprised of poverty, chastity, and

obedience; 19 intent to assume the obligations of the institute according

to the rule and constitutions; declaration of the name and office of the
person who receives the profession in the name of the Church; and
specification of the time for which the vows are pronounced. If the above
essentials are contained in the formula of profession, each institute may
adapt the formula in accord with its own spirituality. In addition, in-
dividuals with the consent of the superior may add their own words at
the beginning or the end of the formula provided they are moderate,
clear, and totally consonant with the seriousness and solemnity of the
20
act of profession.
The commentary on the following parts of this canon will use the
term "formation director" rather than "novice director," since some of
the provisions apply to perpetual profession as well as temporary
profession.

2°

The novice must have completed his or her eighteenth year of age. This
is a change from CIC 573, which established the minimum age at six-

teen. The raising of the age is consistent with the older age requirement
of seventeen for being admitted to the novitiate. As with all the age re-
 Admission of Candidates and Formation of Members / 157

quirements in the canons on formation the institute is free to have a higher

minimum age in its proper law.
2°

The novitiate must be validly completed in accord with CC 647, 648,

and 649 and any other requirements in the proper law of the institute.
3°

Admission to temporary profession is by the competent superior with the

vote of the council. The competent superior should be designated in the
proper law as well as the style of votation, which may be either consul-
tative or deliberative. A petition for vows should be written and signed
by the candidate for vows. The petition and the report of the formation
director should be forwarded to the superior and council. In addition,
some institutes follow the practice of having the formation director pres-
ent at the council meeting when admission is on the agenda allowing
for discussion and explanation of material contained in the report.

4°

There are two requirements contained in this part, first, the profession
must be expressed, and second, it must be pronounced without force or
fear. Regarding force and fear see C 643, 4°. The idea that a vow is ex-
pressed means that the person must use some word or sign to indicate
profession is being made. One is not automatically or passively admitted
to profession. If a person is mute, a sign such as signing the vow formula
would fulfill the condition of the canon.

5°

The profession is to be received by a legitimate superior personally or

by delegate. The legitimate superior may be any superior and should be
determined by the proper law. It is the legitimately designated superior
who has the authority to delegate another to receive the profession.
According to SCRIS the correct interpretation of superior in this canon
refers to the internal superior. SCRIS states further that even in institutes
of diocesan right, which are subject according to law to the local Ordi-
nary, it is not the bishop or his delegate who is to receive the profession
but the designated superior of the institute. The above norm applies even
if a bishop or priest is the celebrant of the liturgy at which profession
21
takes place. The superior is still to receive the profession.

C 657

§1. When the time for which the profession has been made has elapsed the
158 / JORDAN HITE, T.O.R.

religious who freely requests it and is judged suitable is to be admitted to a renewal

of profession or to perpetual profession; otherwise the religious is to leave.

§2. If seems opportune the period of temporary profession can be extended

it

by the competent superior, according to proper law, but in such a way that the
entire time in which the member is bound by temporary vows does not exceed
nine years.

§3. Perpetual profession can be anticipated for a just cause, but not by more
than three months.

when the time

This canon describes the options available to the institute
fortemporary profession has elapsed. The options are: (1) to renew tem-
porary vows, (2) to profess perpetual vows, (3) to extend the time of
temporary vows, or (4) to leave the institute. The third section covers
anticipation of perpetual vows.

U
This section covers three of the options. The first is that of renewal. The
object of renewal would be
complete the time of temporary profes-
to
sion preceding perpetual profession. Institutes should adopt norms to
govern the qualifications and procedures for a member to be admitted
to the renewal of vows. In fact these may be the same as or very similar
to those used for admittance to first profession. Institutes which use the
system of annual renewal sometimes permit the supreme moderator or
major superior to approve a member for renewal without requiring any
kind of votation. This is permissible since it is not barred by universal
law. One of the objects of a program of periodic renewal for the time
of temporary vows is to provide periodic reviews of the progress of the
member and to allow the member to review the state of his or her call-
ing at specified times. Periodic reviews can and should be a part of the
program whether there is renewal or not. Some institutes prefer a longer
period of temporary profession to provide stability and a chance to grow
freely without the threat of dismissal or being advised to leave before
having the opportunity to grow.
The second option is to profess perpetual vows. This is an important
step, since it commitment. The member and the institute
means a life

must be certain of his or life and to the institute.

her calling to religious
The requirements for perpetual profession are to follow the norms for
the training of religious outlined in CC 657-661 and to assure the fulfill-
ment of the conditions for validity contained in CC 656 and 658.
The third option is to leave the institute. This section would apply
to leaving freely or being denied renewal or perpetual profession of vows.
 Admission of Candidates and Formation of Members / 159

The canon leaves it to the institute to adopt any necessary process to cover
cases of denial of renewal or perpetual profession. The wording here is
different than C 653, §2, which refers to the dismissal of a novice at the
end of the novitiate. If a member questions the reasons or the process
for the denial of renewal or perpetual profession, an institute may wish
to provide a special review process to satisfy the questions of the member.
If an institute refuses a petition to renew vows or profess perpetual vows,
it seems just to give the reason(s) to the person. The reason does not need

to be some specific fault or negative quality. A member must be positively

considered to have a calling and a vocation to the life of the institute
as well as being capable of living the life. Thus, it is sufficient to say
the member is not suitable for life in the institute and to give the reasons
that led to the decision. The formulation of reasons for refusing renewal
or perpetual vows emphasizes the importance of establishing objective
criteria for admission to vows that are communicated to members so they
have notice and awareness of the criteria which will be used in review-
ing their petition for vows.

§2

In appropriate cases the period of temporary profession can be extended;

however, the maximum time a member may be in temporary vows is
nine years. The extension is to be accomplished by the competent superior
according to the proper law.
This section is like CIC 574, §2, which provided for a prolongation
of vows of up The difference is the former law permitted
to three years.
a maximum temporary vows, while the present maximum
of six years in
is nine years. This is closer to the change made by RC 37.

jRC 6 offers helpful considerations in regard to the extension of tem-

porary vows. It notes the whole purpose of the time of temporary vows
is to bring the person to that level of spiritual maturity so that a perpetual
commitment can be made. In some cases lengthening the period of pro-
bation can foster such maturity, while in other cases it may not. If a
member remains too long in a state of uncertainty, maturity may not
be fostered. Rather, may
aggravate a tendency toward procrastina-
it

tion or indecision. In addition, if a person is not admitted to perpetual

vows, to return to the lay state or determining if a religious vocation is
elsewhere requires adjustments which may be more burdensome and dif-
proportion to the time spent in the present institute under tem-
ficult in
porary vows. Superiors thus have a serious responsibility not to delay too
long in making their decision because of the effect it can have on the
future of the member.
160 / JORDAN HITE, T.O.R.

§3
Perpetual profession can be anticipated for a just cause, but not by more
than three months. This is a change from CIC 577, §2, which allowed
anticipation of renewal by up to a month but prohibited anticipation
of perpetual profession under penalty of invalidity.
Since the law does not cover anticipation of renewal of vows, it seems
in keeping with the sense of this section that it be permitted but also not
in excess of three months. Anticipation in regard to renewal in the
previous law was understood to be effective from the date when the
previous profession expired. This is reasonable but it also seems a for-

mula renewal could state it is effective, for example, for one year
for
from the date of renewal and thereby terminate the previous vows and
establish the length of the period of renewal as beginning on the date
of profession.
The anticipation is to be for just cause. This is different from C 641,
§2, which allows anticipation but does not state the gravity of the reason.
Mere reasons of convenience would not appear to meet the standard of
this section; however, just cause would include danger of death or depar-
ture for an important assignment such as the missions. It should be noted
that in cases in which the minimum of three years in vows has been com-
pleted a case of anticipation is no longer present; thus, a member who
has completed three years in temporary vows and has renewed for one
year may be admitted to perpetual profession at any time after the com-
pletion of the three years.

C 658

Besides the conditions mentioned in can. 656, 3°, 4° and 5° and others attached
by proper law, for the validity of perpetual profession the following are required:
1° the completion of at least the twenty-first year of age;
2° previous temporary profession for at least three years, with due regard for
the prescription of can. 657, §3.

make perpetual profession, this canon adds two

In order to validly re-
quirements beyond those mentioned in C 656, §3, §4, and §5.

r
A member must have completed the twenty- first year. It can be seen
that the age of twenty-one years is set by adding the minimum time of

temporary vows, which is three years, to the minimum age requirement

of eighteen. This would normally not be a problem unless a person were
exactly eighteen at profession of temporary vows and wanted to anticipate
the time of perpetual vows. Anticipation could not be allowed until the
 Admission of Candidates and Formation of Members / 161

member is twenty-one. If this case arose, a dispensation could be re-

quested from SCRIS for pontifical institutes or the local Ordinary for
diocesan institutes.

2°

A member must have been temporarily professed for at least three years,
without prejudice to C 657, §3 regarding anticipation. Proper law can
of course provide for a longer minimum period. Some institutes provide
a norm from which exceptions can be easily made by the appropriate
authority.

TRAINING OF RELIGIOUS

Article IV on the training of religious consists of three canons that cover

the purpose and spirit of formation from the time of first profession
throughout the entire life of the member. The provisions are general,
indicating directions rather than offering specific regulations. Since this
period of training is longer and more varied than novitiate it will re-
quire a more extensive study and development of proper law and policy
than the time of novitiate.

C 659

§1. In individual institutes after first profession the formation of all members
is be continued so that they may lead more
to fully the proper life of the insti-
tute and carry out its mission more suitably.

§2. Therefore, proper law must define the program of this formation and its
duration, keeping in mind the needs of the Church and the circumstances of
human persons and times to the extent this is required by the purpose and
character of the institute.

§3. The formation of members who are preparing to receive holy orders is
regulated by universal law and by the program of studies proper to the institute.

This canon offers the general principle that training should be directed
toward living the life of the institute while giving the institute the respon-
sibility of determining the nature and extent of the program in accord
with its mission and needs. The final section regulates the training of
members preparing for holy orders.

U
After first profession, the training of members should be carried out for
the twofold purpose of (1) to lead more fully the life of the institute and
(2) to carry out its mission more suitably. These two purposes are the
162 / JORDAN HITE, T.O.R.

foundation on which the program of training is to be built. All the studies,

and and apostolic experiences, are to be developed in light of

spiritual
these purposes and their effectiveness and usefulness measured against
these purposes.
As RC 7 pointed out, the program of training is meant to prepare
a member to faithfully live out a life commitment to God in the institute.
The time of temporary profession is both a time of testing and discern-
ment. It is an extended period when the member and the members of
the institute come to know each other better. This allows those in tem-
porary profession to decide if the institute is offering the life they believe
they are called to and whether in fact the members of the institute live
out their commitment. At the same time, the institute in arranging its

program is able to structure it so they can come to know and understand

the member's character, personality, gifts, and imperfections so that each
can make a well-considered decision regarding each other.

§2

It is up its program of formation in proper law.

to the institute to define
In doing so the institute keep in mind the needs of the Church, the
is to
people, and the times as they relate to the purpose and character of the
institute.
The main principles and the general structure of the program can
be defined in the constitutions. The changeable parts of the program,
especially those which are related to the needs of the Church, people,
and times, may be more changeable and can be in the directory or policy
statements of the institute.
The inclusion of the factor of the duration of the program received
special attention in RC 4. In promulgating new guidelines for forma-
tion,one of the observations of SCRIS, based on its experience and the
experience of the institutes it serves, was that formation "must be ex-

tended over a longer period of time." Later in RC 6, the question is raised

whether the period of profession before perpetual vows should be pro-
longed. RC did not answer the question but offered guidelines which
may be helpful in fulfilling the intent of this canon.
The duration of a program is to be a means to assure the program
offers ample opportunity for a member to reach the certainty of calling
and the spiritual and personal maturity that will enable the member to
embrace the life and mission of the institute. It is clear that the increased
minimum ages and the lengthened time options for temporary profes-
sion are making room for slower maturation in a society or culture and
the greater challenges that confront the person who is called to serve God
 Admission of Candidates and Formation of Members / 163

and his people in a religious institute. In addition, the accepting of new

ministries by religious institutes may require additional spiritual or
apostolic training that would be cause to lengthen the time of the for-
mation program.
Such flexibility in the law is an attempt to recognize the operation
of grace in each person and thus to offer each institute wide enough
parameters to allow the grace to operate, to observe the development
and growth in each person, all within the flexible structure of a com-
mon program that leads to a member being able to make a life
commitment.

§3

Members of institutes that are preparing for holy orders are governed
by the universal law and the law of the institute in regard to studies.
The universal law, based on the Vatican II Decree on the Formation
of Priests, is found in CC 242-264. ES II, 34 implemented the decree
by stating the training of priests should be adapted according to the par-
ticular character of each institute. 22 Thus, religious priests are to receive
training that forms them for the specific pastoral needs of their locale
and the spirit and purpose of their institute. The charism of an institute
may require special training or experiences that prepare a priest for work
in home or foreign missions, evangelization, ministry to the poor, educa-
tion, or communications. All such ministries require special training to
fulfill the purpose of the institute.

C 660

The formation is to be systematic, adapted to the capacity of the members,

§1.
and apostolic, doctrinal and at the same time practical, and when it
spiritual
seems opportune, leading to appropriate degrees both ecclesiastical and civil.

§2. During the time of this formation duties and jobs which would impede
the formation are not to be assigned to members.

The characteristics and the areas of training of members are outlined

in a positive manner in the first section of this canon, while the second
section is a caution against anything that would interfere with the
training.

§i

The characteristics of the training are that it should be systematic,

adapted to the capacity of members, and practical. While the terms
spiritual, apostolic, and doctrinal can refer to the characteristics of train-
ing, they also refer to areas of training.
164 / JORDAN HITE, T.O.R.

The spirit
of the section is to place before institutes their responsibil-
provide a balanced and integrated program of training for each
ity to
member of an institute. Since each member is a gift of God to the in-
stitute and entrusted growth and development of
to the institute for the
a divine calling, the gifts and capacities of each person are to be given
the opportunity to grow and develop. The training is not only to be
helpful for ministry and enable a member to faithfully live the life of
the institute but should also provide a measure of self- worth and esteem.
In cases in which degrees and certificates are helpful, they should be ob-
tained whether they are for professions or trades.
Many institutes have always had and continue to have a certain
number of members who serve the members of the institute by applying
themselves to tasks without which a community could not function such
as cooking, cleaning, hospitality, care of guests, transportation, etc. The
spiritual and doctrinal training of those preparing to serve in such
ministries should not be overlooked while providing training or educa-
tion in these skills.

Members in formation are not to be given jobs or assignments which

would interfere with their formation. The intent of this section is to pro-
tect members who are in formation. Sometimes the pressure of the apos-
tolic needs of an institute may lead it to look to members in formation
to help in the apostolate. This section points out that such assignments
should not interfere with formation, since a short-range need may have
a long-range negative effect on the life of the member in the institute.
There are times when a talented, well-educated, or highly experienced
member may have all the professional qualifications and natural talent
it takes to fulfill an assignment. Yet, the person is very young in the life

of the institute and to make such a decision based primarily on profes-

sional qualifications and experience is a disservice to the member. It is
even worse if the member is unprepared for such an assignment, but there
is pressure on the superior to fill an opening. This section is a directive

to superiors not to do so if it impedes the primary purpose of formation.

This section, of course, would not apply to apostolic missions or
assignments planned as a regular part of the program of formation.
However, the caution mentioned above would still apply, since such
assignments are primarily for the purpose of formation and not to fill
apostolic personnel openings. PC 18 states that members "should not be
assigned to apostolic works immediately after the novitiate. In stable
residences and in a fitting manner let them continue in their training
 Admission of Candidates and Formation of Members / 165

in the religious life and the apostolate, in doctrine and technical mat-
ters, even to the extent of winning appropriate degrees." The emphasis
is clearly on formation regardless of the training the member is under-
taking. Even if the training is experience or work oriented, it is still to
be conducted in the manner of training so that a member receives in-
and evaluation rather than being
struction, counsel, left on his or her
own without caring and appropriate supervision.

C 661

Throughout their entire life religious are to continue carefully their own
and practical formation, and superiors are
spiritual, doctrinal, to provide them
with the resources and time to do this.

This canon is a restatement of PC 18 noting that "throughout their lives

religious should labor earnestly to perfect their spiritual, doctrinal and
professional development. As far as possible, superiors should provide
them with the opportunity, the resources, and the time to do so."
This canon recognizes that formation is a lifelong project. The pro-
fession of perpetual vows is not the end of formation but a commitment
to be formed throughout the whole of one's life.
The on-going formation is to foster spiritual, doctrinal, and practical
renewal. Regardless of the apostolate of the religious, each member needs
further formation in these three areas, first for personal growth and
development and second to serve others well in ministry.
In one sense practical or professional formation may be the easiest
of the three because many assignments provide the time and the budget
to undertake such training. In addition, the pressure from co-workers
and the needs of those to be served are important motivating factors in
receiving practical or professional updating.
Doctrinal formation may be the next easiest, since most dioceses, in-
stitutes, and educational institutions frequently hold conferences that aid
members in understanding theological development, pastoral practice,
or Church teaching.
The most difficult but perhaps the most important is on-going spiritual
formation. Although there is a revival of interest in spiritual renewal,
religious will often relegate this to last place, since it is the most personal
area of renewal; thus, it is fitted in when nothing else interferes. Both
PC and this section mention it first. This is a clue to the fact that spiritual
renewal is of primary importance. Both the life of a member and the
institute is built on a shallow foundation if members are not spiritually
renewed.
166 / JORDAN HITE, T.O.R.

The last clause of the canon highlights the importance of on-going

formation. Superiors are given the responsibility to provide members with
the time and means to do so. This is not a passive responsibility that
superiors are to pass on to members by communicating to them they
should undertake such renewal or even providing opportunities. Although
many members seek out such means of renewal, many do not. The failure
who do not often provides a gap in understanding that can be
of those
divisive in an institute. Thus, superiors should actively motivate members
to receive continuing formation to keep their institute revitalized. To en-
sure on- going formation is a reality in the institute a superior may review
the extent to which members have taken advantage of opportunities for
on-going formation.
In order to provide time both major and local superiors should be
aware of the schedule demands of their members so as to help them plan
time to undertake on-going formation. The pressure of apostolic com-
mitments may require the intervention of the superior in order to adjust
them can free a period of time for on-going formation.
so that a person
This may require long-range planning such as a year ahead of time to
insure that time is available to the member, since the member's commit-
ments may require a substitute while the member is absent.
The means include financial means. While certain assignments pro-
vide both the time and finances for on-going formation or a particular
area of it, this is not true in all cases. In cases in which it is not true,
it is up to the superior to provide such means according to the available
resources of the institute. Thus, budgetary planning at the general, pro-
vincial, and local level should provide financial resources for on- going
formation. If it is not in the budget, it is unlikely that on-going forma-
tion will be a reality. The sense of the canon is that on-going formation
is not an option but an important responsibility.
Some institutes provide for on- going formation in proper law by re-
quiring each member to undertake an aspect of such formation annu-
ally, biannually, or with a stated frequency, while at the same time pro-
viding for a specific budget request for ongoing formation. The means
to accomplish on-going formation are varied and need to be accom-
modated to the needs of each institute.
 Admission of Candidates and Formation of Members / 167

NOTES
1 . The former canons on dowry, and studies in clerical institutes were included in
the total. Even if they are omitted, the reduction is more than 50 percent (from 42 to 20).
2. The omitted impediments apply to those who belonged to a non-Catholic sect,
those who can or have been accused of a serious crime, and a bishop or a cleric who is

bound to service by the disposition of the Holy See. CIC 542, §1.
3. For religious who are contemplating priesthood, the simple impediment of "hav-
ing a wife," C 1042, 1° (formerly CIC 987, 2°) would not require a dispensation if the
party had received a decree of nullity. However, the SCCE has required that the sentences
of the tribunal of first and second instances be forwarded to them to determine that there
would be no scandal should the man in question be advanced to ordination to diaconate
and priesthood. RR (1982) 41.
4. In 1979 SCRIS replied in a similar case that it did not have the faculties to grant

such a dispensation and forwarded the case to the Secretary of State who did not grant
the petition. The most recent response in 1980 was granted by SCRIS by reason of special
faculties conceded by the Holy Father. RR (1982) 28-29. In the case of a similar petition,
which was made to SCDF because the petitioner was not baptized at the time of her mar-
riage, the Holy Father granted the dispensation with the condition that "before the peti-
tioner makes perpetual profession, she is to contact the Sacred Congregation for the Doc-
trine of the Faith. If, however, she leaves the religious life and wishes to enter a new mar-
riage, she is to contact the same Sacred Congregation for the dissolution of the bond of
her marriage." Ibid. 28.
5. The requirement of evidence of some infidelity to prove that the former spouse
has forfeited his or her marital rights seems stringent. Beyond a divorce or a spouse pre-
senting no objection, there seems to be little room to prove forfeiting of marital rights.
It is suggested that a simple written statement by the former spouse that there is no intent
to resume marital rights or if a statement cannot be obtained the individual circumstances
of the case such as length of separation, cause of separation, and the refusal of the former
spouse to respond be accepted as appropriate evidence in such cases.
6. The following discussion of force and grave fear relies on Wrenn, Lawrence, G.,
Annulments, 3rd ed., CLSA, 1972.
7. NCCB Guidelines, January 24, 1979.
8. Bankruptcy discharge does not relieve the following obligations:
1. Claims not provable, such as certain tort claims, fines, and penalties;
2. —
Taxes generally federal, state, or local, owing within three years preceding
bankruptcy;
3 . Liability for obtaining money or property by false pretenses or representations;
4. Liability for willful and malicious injuries to the person or property of another;
5. Alimony and support payments;
6. Liability for seduction;
7. Debts not scheduled (listed as owed);
Fraud or embezzlement by the bankrupt while acting as a fiduciary;
8.

9. Wages earned within three months prior to bankruptcy;

10. Sums due employee by bankrupt employer under a contract authorizing reten-
tion of sums to secure faithful performance of an employment contract.
Lawyers Desk Book, 5th ed., IBP (1978) 21-22.
9. See comment on C 643, §1,2°.

10. The novitiate no longer begins with the reception of the habit or some other manner
168 / JORDAN HITE, T.O.R.

prescribed by the constitutions. However, it is necessary for the institute to designate the
date the novitiate begins.
11. See C 651, §1 requiring that the novice director be a member of the institute.
12. C 201, §1 defines continuous time as that which is subjected to no interruption,
and C
202 §2 states that if time is continuous, a month and a year are always to be taken
as they appear in the calendar.
13. Abbo, John A., and Hannan, Jerome D., The Sacred Canons, Herder (1952) 579.
14. Ibid. 582.
15. See C 574, §1 and C 575.
16. See C 574, §2.
17. See RC 6, 7, and 34 for a dicsussion of the rationale for allowing the use of prom-
ises or other bonds rather than temporary vows.
18. CLD (7) 515; CLD (8) 365.
19. Traditionally some institutes do not explicitly mention the three vows.
20. CLD (8) 365-366.
21. CLD (8) 361-364.
22. In addition to the adaption necessary for priestly life in an institute, each country
is to have its own norms- for the training of priests. See "The Program of Priestly Forma-
tion" for the United States approved by SCCE, January 18, 1971, published in a booklet
bearing the name of the program by the NCCB.

BIBLIOGRAPHY
Gambari, E., "The Updating of Religious Formation," Boston: Daughters of St. Paul,
1969.
RC, "The Formation of the Modern Religious," Supplement to the Way, vol. 7, 1969.

RC II, "Preparing for Religious Life," Supplement to the Way, vol. 8, 1969.
SCRIS, The Contemplative Dimension of Religious Life, no. 17, 19, 1982.
Obligations and Rights
Canons 662-672, 277, 285-287, 289, 279, §2

David F. O'Connor, S.T.

There is no intention here to treat all of the obligations and rights of

institutes or their members. Certainly, all of the obligations and rights
of the Christian faithful (CC 208-223) apply to religious. Many of the
specific obligations of religious are treated elsewhere in the Code. Those
associated with the profession of the vows are also contained in
CC 599-601 and in the proper law of each institute. The same can be
stated concerning those matters which have to do with some aspects of
the common life in CC
602 and 607, §2. The implications of an ap-
propriate separation from the world (C 607, §3) are also left to the fur-
ther determination of the proper law of the institute. The obligations
of superiors are broadly stated in CC 619 and 628-630. Those for
treasurers are contained in C 636. There are implied obligations about
a simple life-style contained in C 634, §2. Therefore, this chapter makes
no pretense at enumerating all of the obligations and rights of religious,
but is limited to statements about only some of the more traditional, ob-
vious, or common obligations.
There are some changes in the revised Code which make it different
from the former one. For example, C 672, concerning activities prohibited
to religious, does not mention the practice of medicine as did the 1917
Code in CIC 592 and 139, §2, but there is a somewhat stricter prohibi-
tion against involvement in partisan politics and public civil offices. No
longer is there any canon concerning the correspondence of religious as
in the 1917 Code (CIC 611). Moreover, the former Code (CIC 595) made
it the obligation of the proper religious superior to see to it that subjects

performed religious exercises and that they frequented the sacraments.

The 1983 Code places such obligations on the religious members
themselves and not on the superiors. These are some examples of welcome
changes.

169
170 / DAVID F. O'CONNOR, S.T.

C 662
Religious are to have as their highest rule of life the following of Christ as
proposed in the gospel and expressed in the constitutions of their institute.

THE FOLLOWING OF CHRIST

The consecrated life of religious is a specific, ecclesial style of evangelical
witness. PC 1 asserts that the very purpose of religious life is the pursuit
by means of the evangelical counsels, which are founded
of perfect charity
on the teachings and example of Jesus Christ. He is the supreme model
of the Christian life and, therefore, of the religious life. All who respond
generously to a vocation to the religious life seek only to follow Christ
with greater freedom and to imitate him. With their fellow Christians,
they search the Scriptures in prayer and meditation in order to encounter
the Word Made Flesh. "The evangelical witness of the religious life clearly
manifests the primacy of the love of God ... of a constant seeking
. . .

for God, of an undivided love for Christ alone, and an absolute dedica-
tion to the growth of his kingdom." 1

ROLE OF THE CONSTITUTIONS

ES 12-14 stated that the constitutions must contain the necessary
II,

and juridic elements in order that they have a particularly stable

spiritual
foundation. It stated that a text which was only juridic or one that was
merely exhortatory should be avoided. It was clear that the ascetical-
doctrinal- inspirational aspects of constitutions are meant to specify gospel
values for the members, to particularize the call to conversion, to recon-
ciliation, and to the paschal mystery in the lives of members of a religious
family. The juridic-canonical-practical aspects of constitutions are a
manifestation that the institute is an ecclesial reality, an organized and
stable community within the Church. Juridic norms set up minimal ex-
pectations and regulations for accountability. They are meant to pro-
tect the members and the institute, to promote justice and good order.
They take relationships seriously, relationships within the institute, and
the relationship of the institute to outside figures such as bishops or other
2
institutes.
Therefore, the constitutions are the basic book of the institute out-
lining and describing the character and identity of the institute in the
ordering of its life and activity corresponding to its own traditions and

identity (CC 578, 587). They are a code of life in a spiritual and norma-
tive sense, so as to inform and characterize the way of life and activity
 Obligations and Rights / 171

of the institute and its members. Constitutions are limited to what is fun-
damental, substantial, and characteristic, leaving to other books the
determination of those elements which must be adapted to diverse times
and places. These complementary or supplementary books are, by their
nature, subject to periodic revision.
Members of a religious institute live an evangelical life and follow
Christ in a specific manner by observance of the constitutions. The ap-
probation of the constitutions by the proper ecclesiastical authority is an
ecclesial guarantee that the counsels are being correctly interpreted and
lived; that by their observance the members are truly following Christ. 3

C 663

§1. Contemplation of divine things and assiduous union with God in prayer
is to be the firstand foremost duty of all religious.
§2. Members are to participate in the Eucharistic Sacrifice daily if possible,
receive the Most Sacred Body of Christ and adore this same Lord present in the
Sacrament.

§3. They should apply themselves to the reading of Sacred Scripture and to
mental prayer; they are to celebrate the liturgy of the hours worthily according
to the prescriptions of proper law, with due regard for the obligation of clerics
in can. 276, §2, 3°, and they are to perform other exercises of piety.

§4. They are to cultivate a special devotion to the Virgin Mother of God, model
and protector of all consecrated life, including the Marian rosary.

§5. They are faithfully to observe an annual period of spiritual retreat.

u
All forms of work, especially the ministry and involvement in the
apostolate, can bemade prayerful. However, if these activities are not
accompanied habitually and regularly with periods of personal and com-
munal prayer, the non-praying person will find it impossible, eventu-
ally, to find God in his or her work or apostolate because that person
does not experience the Lord in prayer-communication. Intimacy with
God, the necessity adore him, the need to intercede for others, and
to
life all manifest the importance of prayer
the experiences of the Christian
in which God can reveal himself to his servants. Indeed, faithfulness to
prayer or its abandonment is the test of the vitality or the decadence of
4
religious life. Religious in apostolic institutes must integrate interiority
and activity. The first duty of all religious is to be with Christ. An ever-
present danger is that religious can become so involved with their work
for the Lord that they forget the Lord of good works. 5 Therefore, this
172 / DAVID F. OCONNOR, S.T.

canon simply reiterates, in an exhortatory manner, the great value and

importance of a deep prayer life.

§2
The Eucharist is the center of the entire life of the Church. All other
sacraments, apostolic works, and ministries are linked to the Eucharist
and directed toward it. The Eucharist contains the entire good of the
Church, Christ himself, our Passover and Living Bread. Its celebration
is the supreme means by which the faithful come to express in their lives

the mystery of Christ and the true nature of the Church. 6 Therefore,
this great emphasis on daily participation in the Eucharistic liturgy is
presented as the ideal norm and expectation for those consecrated to the
Lord. Although particular circumstances and missionary endeavors may
make this impossible in given instances, they do not invalidate the norm.
Pope John Paul II has stated:
The commitment to take part daily in the Eucharistic Sacrifice will help
religious renew their self-offering to the Lord every day. Gathered in
the Lord's name, religious communities have the Eucharist as their
natural center. It is normal, therefore, that they should be visibly

assembled in their chapel, in which the presence of the Blessed Sacra-

ment expresses and realizes what must be the principal mission of every
7
religious family.

§3

The reading of sacred Scripture and periods of mental prayer and medita-
tion are all part of the Christian patrimony, especially for those who are
committed to a life in service of the Word. Time for spiritual reading,
prayerful silence, and reflection are necessary for promoting intimacy
with God, especially for those who must find God in the midst of the
noise and the confusion of a busy apostolate. 8
The liturgy of the hours is the public prayer of the Church that is
designed to sanctify the whole day. It is left to the proper law of each
institute to determine whether or not it is obligatory for its members,
since it has not been part of the tradition of every institute. However,
it is the obligation of all clerics and remains an obligation even if the

institute does not impose it (C 276, §2, 3°). The divine praises are a source
of inspiration and nourishment. Those in the consecrated life are encour-
aged to pray them as an important aspect of participating intimately in
the life of the Church. 9 All other exercises of piety are left entirely to
the determination of each institute in accordance with its own patrimony
and spiritual traditions.
 Obligations and Rights / 173

§4

The Virgin Mary is preeminent among the saints because of her divine

Motherhood. She has been presented as the model of all consecrated in

the Church because she is characterized as listening to the Word of God;
standing courageously by the cross of Jesus, teaching us to contemplate
the passion; and as a woman of prayer, she is the model of faith, hope
and charity. Therefore, Pope John Paul II has stated:
The contemplative life of religious would be incomplete if it were not
directed in filial love towards her who is the Mother of the Church and
of consecrated souls. This love for the virgin will be manifested with
the celebration of her feasts and, in particular, with daily prayer in
her honor, especially the Rosary. The daily recitation of the rosary is

a centuries-old-tradition for religious, and so it is not out of place to

recall the suitability, beauty and efficacy of this prayer, which pro-
10
poses for our meditation the mysteries of the Lord's life.

§5

As in the 1917 Code (CIC 595, §1), the length of an annual retreat and
all other specifics are left to the determination of the proper law of the
institute. However, many institutes have the practice of requiring a
minimum of five consecutive days.
It C 663 are
should be noted that none of the practices contained in
juridically imposed by the Code, with the exception of the liturgy of the
hours for those in orders (C 276, §2, 3°). However, all of them are quite
traditional and are recommended in the Vatican II documents. ES II,
21, which implemented the conciliar documents, insisted that devotional
exercises traditional in the Church should not be dropped. A great number
of religious continue to find them rewarding and they should be fittingly
fostered.

C 664

Religious are to apply themselves to conversion of heart to God, examine their

conscience even daily, and frequently approach the sacrament of penance.

Traditionally, the religious life has been presented as a vocation which

demands a conversion of life and morals. Each institute, in its own way,
invites its members to embrace an ascetical life-style. The constitutions
or rule of an institute contain customs and practices which foster the
spiritual life. One of the most common and proven practices has been
the daily examination of conscience, usually entered into for a brief period
at the end of the day. It remains as a part of the preparation for night
prayer in the divine office. The present canon is an exhortatory one and
174 / DAVID F. O'CONNOR, S.T.

does not impose any juridic obligation. It simply calls attention to the
value that this time-tested ascetical practice continues to enjoy in the
spiritual life and urges that it be done daily.

THE SACRAMENT OF PENANCE

The Church is a Church of sinners. We recognize our sinfulness and our

need for conversion and for healing when we approach the sacrament
of penance. While religious may not need reconciliation because of the
awareness of grave sin in their lives, they have had the practice of mak-
ing devotional confessions with some frequency. Such devotional confes-
sions are the occasion for a more intense review of our spiritual health.
They force us to specify our sinfulness and offer us the opportunity to
receive the advice of a confessor-spiritual director, and to receive the grace
of the sacrament. The present canon exhorts religious to approach the
sacrament frequently. How frequently? In 1970, SCRIS suggested twice
a month. 11 However, there is no specific time stated in the universal law.
Even if the proper law of the institute states that members are to ap-
proach at certain times or on certain occasions, these are exhortations
and not juridic or moral obligations. All the faithful enjoy freedom in
this matter. This includes those in the consecrated life. The universal law
simply states that the faithful are obliged to receive the sacrament of
penance once a year if they are conscious of grave sin (C 989) However,
.

the strong commendation given to the reception of the sacrament in the

Code is but one indication of the important place it holds in the life of
the Church. All religious who are solicitous for fostering their union with
God will be careful to approach the sacrament of penance with an ap-
propriate regularity and frequency. Also, the latest documents not only
urge a personal reception but a community rite which evidences the ec-
12
clesial and fraternal dimensions of this sacrament.
It might be noted that the present Code no longer has detailed
designations of confessors for religious as did the 1917 Code in
CIC 518-530. These canons tended to reflect an even more ancient prac-
tice when members of religious institutes had little freedom to approach
the confessor they wished. There was a time when some institutes re-
quired members to confess only to a priest of the institute approved for
such a ministry. The 1917 Code guaranteed that religious would enjoy
a greater degree of freedom to approach confessors. Moreover, it is only
in recent decades that religious have greater options to go out to select
their own confessors. Today, superiors should be solicitous to provide
confessors at appropriate times for their religious who are confined to
 Obligations and Rights / 175

the house. Likewise, an ordinary confessor should be requested for houses

of formation, large houses with concentrations of religious, cloistered
communities and those that care for the aged, infirm, or handicapped
religious (C 630, §2, §3).

C 665

§1. Observing a common life, religious are to live in their own religious house
and not be absent from it without the permission of their superior. However,
if it is a question of a lengthy absence from the house the major superior for

a just cause and with the consent of the council can permit the member to live
outside a house of the institute, but not for more than a year, except for the pur-
pose of caring for poor health, for the purpose of studies or undertaking an
apostolate in the name of the institute.

Members unlawfully absent from the religious house with the intention
§2.
of withdrawing from the power of their superiors are to be solicitously sought
after by them and aided to return and persevere in their vocation.

U
C 602 has already addressed the obligation of religious to develop a com-
munity life proper to each institute and through which the members are
united as a special family in Christ, support one another in living their
vocation, and offer an example of Christian life built upon love and recon-
ciliation. C 665 seems to imply that an experience of community grows
out of and requires some form of common life. That is, in ordinary cir-
cumstances, religious of the same institute are to live habitually with each
other in a house of their own institute subject to a superior. Absences
from their house require permission. For short absences the local superior
grants permission. For lengthy absences the proper major superior, usu-
ally of the province, may give permission with the consent of the council.
Permission to be absent need not always be explicit. It may be im-
plied in the very nature of the assignment given to a religious. For ex-
ample, if a priest is assigned to a mission band that travels about
preaching in parishes throughout the country, permission to be absent
is included in the assignment itself. If a religious institute staffs small
mission churches where there can be no community of religious and this
work requires extended periods of time living apart from a house of the
institute(if not most of one's time), then this is of the nature of the

ministry and apostolate of the institute. Each institute must look at its
own established practices and recognized ways of operating in its efforts
to promote a common life. Those institutes which permit their members
periods of vacation, recreation, spiritual retreat, or encourage them to
participate in special pastoral or continuing education programs, are
176 / DAVID F. O'CONNOR, S.T.

granting them permission to be absent for these things. In such instances,

good communication, courtesy, and consideration are necessary between
superiors and members so that all are aware of the expectations and pro-
cedures regarding absences for these activities.
What is a "lengthy" absence? This must be left to each institute to
determine. Generally, an absence of a few weeks would seem to qualify
as a lengthy period. Each institute develops its own practices and customs
which determine these things for the members. The discretion of the local
superior and the circumstances of the absence will often indicate whether
this is something which must be referred to a major superior or not. The
major superior can grant permission to be away from a house of the insti-
tute up to one year with the consent of the council. If the members of
the council do not give their consent, the major superior can not grant
the permission.
If permission is sought to be away from a house of the institute for
more than one year, again, the major superior with the consent of the
council may grant this but only for (1) reasons of health (mental or
physical), (2) reasons of study, and (3) for exercising an apostolate or
ministry in the name of the institute. This appears to be a taxative
enumeration so that the major superior cannot grant it for other reasons.
Moreover, it should be noted that the expression "leave of absence" is
not used in the canon because it may imply something that is not in-
tended. Someone who is away for the above reasons is not on a "leave
of absence."
When the canon addresses the fact of an absence for reasons of exer-
cising the apostolate in the name of the institute, the specific apostolate
should be in accord with the purpose and the nature of the institute.
Therefore, it would not be proper for a member of an institute wholly
dedicated to contemplation to be permitted to be absent for a pastoral
ministry never envisioned in the nature of the institute (C 674) for ex- ,

ample, to give a cloistered nun permission to be a missionary or a

cloistered monk to be a military chaplain. Religious are not free to under-
take any form of the apostolate, but only those forms recognized by the
13
nature of the institute and its proper law.
If the reasons for being absent for more than a year are not because
of health, studies, or apostolate, then the major superior might consider
whether or not an indult of exclaustration (C 686) is justifiable. If the
reasons do not justify the absence, and an exclaustration is granted, the
canonical effects differ from those of C 665. Permission to be absent in
no way places the religious in a special category or implies an absence
from the institute, as does an exclaustration. Absence does not take away
 Obligations and Rights / 177

active or passive voice, but exclaustration does. Also, exclaustration may

not be given to a religious in temporary vows, but only to those in
perpetual vows. Permission to be absent may be given to religious in tem-
porary vows.

§2

If a religious unlawfully leaves the religious house with the intention of

effectively being removed from obedience to the religious superior, the
superior is obliged to attempt to get the member to return. Hence, the
first reaction of a superior should not be a punitive one but the pastoral
act of attempting reconciliation. If there is a vocation crisis involved,
possibly the proper superior might grant permission for a temporary
absence for an extended spiritual retreat. Therefore, the immediate
response of superiors is to help the religious resolve whatever problem
may be present. However, if there is no response or the absent religious
has rejected all such solicitude, the major superior can move toward for-
mal dismissal of the religious after he or she is illegitimately absent for
six months (C 696).

While the present Code has dropped the terms "fugitive" and
"apostate," as contained in CIC 644 of the 1917 Code, superiors can have
recourse to appropriate penalties for those religious who persist in disobe-
dience and do not give any indication of returning to the expected norm
of religious Repeated violations of one's vows or pertinacious disobe-
life.

dience to lawful commands in serious matters given by the proper

religious superior are grounds for dismissal after warning (C 696) Note .

that the intention to remove oneself effectively from obedience to one's

superiors is required as well as the fact of absence. This intention may
become clear as the result of rejecting the solicitude of the religious
superior along with the fact of a continued absence. C 1371, §2, states
that persistent disobedience after warning, even without an absence, can
be legitimately and appropriately punished.

C 666

is to be observed in the use of media of communication,

Necessary discretion
and whatever harmful to one's vocation and dangerous to the chastity of a
is

consecrated person is to be avoided.

This canon is exhortatory and in accordance with traditional ascetical

admonitions to religious concerning the need to maintain a recollected

spirit and avoid unnecessary distractions or occasions of sin. 14 With the

pervasiveness of the media (newspapers, magazines, radio, television,

films, etc.) in modern society, it is increasingly difficult even in religious
178 / DAVID F. O'CONNOR, S.T.

houses to maintain a modicum of religious recollection. While there have

been instructions directed at strictly contemplative monasteries regulating
15
the use of these things for religious observing a papal cloister, there is

no attempt to impose such restrictions on all religious. C 666 simply calls

attention to the need for discretion to be exercised in the use of these
instruments and that, in some cases, they can be abused and occasion
harm to religious. For example, it would seem to be quite out of order
and to be offensive to the sensibilities of religious to keep a television set
habitually playing in the dining room during meals. This undermines
the social aspect of the community table and destroys any conversation
or sharing. This is detrimental to community life. Likewise, to have radios
and stereos constantly playing in the house during the day so that all
are forced to listen to them is an unnecessary distraction. Certainly, when
it comes to determining guidelines or norms for the use of these things,

a great deal of latitude must be left to mature religious to use them with
prudence and discretion. They should never be permitted to be a source
of unnecessary disturbance.

C 667

adapted to the character and mission of the institute

§1. In all houses cloister
is be observed according to the determinations of proper law, with some part
to
of the religious house always being reserved to the members alone.

§2. A stricter discipline of cloister is to be observed in monasteries ordered

to the contemplative life.

§3. Monasteries of nuns which are totally ordered to the contemplative life
must observe papal cloister, namely according to norms given by the Apostolic
See. Other monasteries of nuns are to observe cloister adapted to their own
character and defined in the constitutions.

For a just cause the diocesan bishop has the faculty of entering the cloister
§4.
of monasteries of nuns which are in his diocese, and, for a grave cause and with
the consent of the superior, of permitting others to enter the cloister and nuns
to leave the cloister for a truly necessary period of time.

§1

This canon is a simplification of CIC 597-606 of the 1917 Code. In the

1983 Code there are no details concerning the cloister and all is left to
the proper law of each institute to determine. In this paragraph "cloister"
is synonymous with the statement that "some part of the house always

be reserved to the members alone." What part should be reserved? Since

the cloister never included the chapel, sacristy, guest quarters, parlors,
and public offices, none of these should be in the reserved part of the
 Obligations and Rights / 179

house. Certainly, the private rooms or sleeping quarters should be re-

served. Also, recreation rooms where the community meets to relax ought
to be reserved habitually for the exclusive use of the members. While
communities with spacious buildings will find no major problem in deter-
mining the area reserved to the members, smaller houses may well find
it difficult to do so. Nevertheless, while the requirements of Christian

hospitality are most important, they must be balanced by the equally

important needs of the religious who have a right to be "at home" in
their own houses and enjoy some privacy.
16
Respecting and safeguarding
this right seems especially necessary for active religious in a busy and
demanding apostolate. They, possibly more than others, need time and
a place for silence, quiet prayer, study, and relaxation with their brothers
and sisters in religion in order to foster their own spiritual, mental and
physical well-being.

Traditionally, the cloister, in its proper sense, is a monastic practice. The

clausura or enclosure has always been that area of the monastery, in-
cluding the gardens, which was reserved for the monks or the nuns as
necessary in order to preserve and foster the monastic concept of
withdrawal (physical and mental) from the secular society. It prohibits
egress from the monastery on the part of the religious and entrance to
everyone else, with certain exceptions. It is quite proper, therefore, that
all religious men or women who live in monasteries and convents ordered

to the contemplative life should observe a stricter cloister.

Again, it is reserved to the proper law of each institute, based on their
traditions and purposes, to determine the implications of a cloister. ES 32
suppressed the minor or episcopal cloister. Since then, all nuns who are
engaged in any form of the active apostolate which requires external ac-
tivities, if not part of their original purpose at the time of their founda-
tion, have had to make a choice. They have had to choose whether to
continue with these activities and define a cloister in their constitutions
or abandon these activities and adopt a papal cloister. In some cases it

has been necessary that the Apostolic See approve these determinations.

§3

This paragraph concerned with the enforcement of the papal cloister

is

as stated in PC ES II 30-32. It is called "papal cloister" because

16 and
the norms which govern it are sanctioned by the Apostolic See. They are
contained in the instruction Venite Seorsum, August 15, 1969. 17 This is
an instance where the revised Code does not treat in the same way monks
180 / DAVID F. O'CONNOR, S.T.

and nuns who are totally ordered to the contemplative life. Nuns are
bound by the papal cloister. Monks are not bound and can determine
for themselves the particulars of the cloister. In this matter the drafters
of theCode were simply following the instructions given them in March
1980 at the plenaria of SCRIS. 18 This special treatment of nuns is also
evident in the fact that the permission of the Apostolic See is required
to erect a monastery of nuns (C 609, §2) or suppress an autonomous
monastery of nuns (C 616, §4). VS demands a strict cloister that obliges
all postulants, novices, and nuns so that they can not leave it except in
special cases prescribed in the instruction. Those nuns not obligated by
the papal cloister determine the extent of their cloister in their own proper
law.

§4

This right of the bishop is not restricted. It is applicable to all monasteries

of nuns, including those with a papal cloister. This paragraph is taken

from PM 34 and now becomes part of the universal law. Moreover, the
right of the diocesan bishop does not take away the right of others to
enter the papal cloister. VS 8 permits, for example, cardinals and their
attendants, apostolic delegates and nuncios in their own jurisdiction,
heads of state and their wives and retinue, priests and their servers to
administer the sacraments or visit the seriously ill, doctors and others
whose skill is necessary to provide a service to the monastery, and others
mentioned in the instruction, to enter the monastery. In general, the
papal cloister prohibits anyone of whatever condition, age, or sex from
entering the monastery cloister unless they have proper permission
granted to them. Nuns may not leave the monastery except under the
conditions stated in VS 7. It should be noted, however, that there is no
specific penalty stated in the general law for violation of the cloister.

C 668

§1. Members are to cede the administration of their goods to whomever they
prefer before first profession, and unless the constitutions state otherwise, they
are freely to make disposition for their use and their revenues. Moreover, they
are to draw up a will, which is also valid in civil law, at least before perpetual
profession.

§2. In order to change these dispositions for a just cause and to place any act
whatsoever in matters of temporal goods they need the permission of the superior
who is competent according to the norm of proper law.

§3. Whatever a religious acquires through personal work or by reason of the

institute is acquired for the institute. Unless it is otherwise stated in proper law
 Obligations and Rights / 181

those things which accrue to a religious by way of pension, subsidy or insurance

in any way whatever are acquired for the institute.
§4. Those who must renounce their goods completely because of the nature
of the institute are to make a renunciation before perpetual profession in a form
which, if possible, is also valid in civil law and takes
effect from the day of pro-
fession. Religious in perpetual vows who wish
renounce their goods either in
to
part or totally according to the norm of proper law and with permission of the
supreme moderator are to do the same thing.
§5. Professed religious who have fully renounced all their goods because of
the nature of the institute lose the capacity of acquiring and possessing, and
therefore in validly place acts contrary to the vow of poverty. Moreover, those
things which accrue to them after the act of renunciation belong to the institute,
according to the norm of proper law.

C 668 concerned with some of the practical implications of the vow

is

of poverty. The vow requires that religious be essentially dependent upon

their institute in regard to the use of all material and temporal goods.
This canon aims to foster the common life and to regulate this basic
dependency of religious upon their institute. However, because of the
differences in the nature of religious institutes and the requirements of
their proper law, there will be some differences in regard to the implica-
tions of the vow for members of various institutes beyond this basic
dependency, which is the same for all religious.

§1

Generally, there are three things which are to be done by a novice about
to make first profession of vows: (1) cede the administration of his or
her possessions to another, (2) dispose of the use and revenue from these
and (3) make a legal will. These requirements are not new
possessions,
and were contained in CIC 569.

CESSION OF ADMINISTRATION

To cede the administration of one's possessions means to select whomever

one wishes to choose (and who, in turn, is willing to perform this office)
and transfer to that person the duty of overseeing these possessions. The
person selected may be a relative, a trusted friend, a lawyer, or the
religious institute itself, which can perform
through an agent,
this service
usually the provincial treasurer. This cession can be done informally or
it can be drawn up so that it is a civilly legal document. It must be done

for the period of temporary profession. For those who belong to an in-
stitute with a simple-vow tradition, it must be continued throughout the
182 / DAVID F. O'CONNOR, S.T.

period of perpetual profession, unless the religious makes a total renun-

ciation (C 668, §5). The purpose of the cession is to detach effectively
and practically the religious from involvement with such possessions so
that he or she is dependent upon the religious institute.

DISPOSITION OF INCOME

To dispose of the use and revenue means that arrangements are to be

made about the income that the possessions may produce, for example,
interest from investments or rent from property that is owned. The novice
can give the administrator whatever instructions are desirable. They can
be detailed or the whole matter can be left to the good judgment of the
person fulfilling this obligation. Again, the purpose is to distance religious
from their possessions and keep them from involvement with such things
so that they are dependent upon their institute. It is left to the proper
law of the institute to lay down any other regulations about this matter.
If this restricts the right to dispose of the use and revenue, it will not
be altered by the present canon. 19 Also, while the present law does not
forbid a novice to renounce one's possessions before first profession, as
did CIC 568 of the 1917 Code, the proper superiors ought to instruct
and exhort novices not to do anything imprudent in a moment of initial
fervor in the religious life.

LAST WILL

To make a last will and testament that is valid under civil law means
tomake a determination of one's property which becomes effective after
one's death. It would be wise to have some professional legal advice about
this when drafting a will. The various civil jurisdictions have different
regulations about this matter. If a novice actually does have possessions,
then it would be better to have a will drawn up before first profession.
If the novice does not, then a will may be made at a later time. Never-
theless, one must be made before perpetual profession.

CHANGING THE DISPOSITIONS

§2

The 1917 Code in CIC 580, §3 forbid making a change in favor of giv-
ing a notable part of the property to the institute. This does not appear in
the new Code. Any changes in the disposition of one's possessions or the
last will and testament may be made only with the permission of the
 Obligations and Rights / 183

proper superior, usually the major superior. The religious may not give
away, loan, invest, or alter in any way the disposition of his or her tem-
poral goods without proper permission. Any reasonable request made
by the member should be sufficient reason for the superior to grant per-
mission. However, frequent requests for changes in the disposition of these
things would appear to violate the spirit of detachment which should
characterize those trying to live evangelical poverty.

COMMON GOODS
§3

Everything a religious acquires by way of gift, offering, stipend, fee,

salary, pension, insurance settlement, or similar manner, belongs to the
religious instituteand not the individual member. This is true even if
it may not be recognized by civil law. Hence, the canonical presump-

tion will always favor the institute if there is a doubt in a particular case.
Therefore, if a nursing sister is left a bequest in the will of a former pa-
tient, or if the parents of a student give a hundred-dollar gift certificate
to a teaching brother, or a parishioner presents a chalice to a religious
priest, these things are canonically given to the religious institute.

GIFTS OR INHERITANCES

Doubts about whether gifts are given to the individual religious or the
institute will never arise concerning a religious who has perpetual vows
in an institute with a solemn- vow tradition. Such religious renounce their
capacity to acquire. This is who are in tempo-
not so regarding religious
rary vows or belong to an with a simple-vow tradition who do
institute
not make a complete renunciation. Their constitutions permit them to
retain the right to acquire, even though they do not have the right to
the use or usufruct without the proper permission. In these cases admin-
istrators are also retained to oversee the personal property or patrimony.
This patrimony can be added to by bequests of relatives and in those
unusual situations where they are given gifts intuitu personae, that is,

tothem personally because of some special relationship of blood or friend-

ship and not to them as religious. Therefore, unless the proper law of
an institute states otherwise, an inheritance from a relative is presumed
to be given to the individual and becomes part of that member's
patrimony. Again, where there is serious doubt about the facts or the
intention of the benefactor, the canonical presumption is that the gift
or inheritance is given to the institute.
184 / DAVID F. O'CONNOR, S.T.

SMALL GIFTS
Many people offer gifts to friends in religion with the understanding that
this is "just for you." However, the religious should know that the well-
meant intention of such gifts does not alter the fact that these gifts belong
to the community. Permission can always be requested to have the use
of a gift which is given to a religious. Although each institute has its own
recognized customs when it comes to the reception of small gifts on such
occasions as Christmas, profession, or jubilee celebrations, it must be
remembered that these gifts do belong to the institute and that the indi-
vidual may be given permission only to use them. Therefore, radios or
television sets used by indeed the very clothing on their backs,
religious,
belong to the institute and the individual member has only the use of
them, even though it may be an exclusive use in some instances.

PENSIONS AND OTHER BENEFITS

In regard to pensions, social security benefits, medicaid or medicare, in-
surance settlements and the like, unless the proper law of the particular
institute states otherwise, all belong to the institute and not the individual
religious. Even though the law may not recognize this in certain
civil

cases, it is, law of the Church and the consequence of

nevertheless, the
the obligations assumed by professing public vows in a religious institute.
Obviously, if religious are dispensed from their vows and leave religious
life, social security benefits and the like will go directly to them and no
20
longer to the institute.

RENUNCIATION OF OWNERSHIP

H
The first part of this paragraph refers to religious in an institute with
a solemn- vow tradition. Although the canon law does not use these
distinctive terms any longer, the practical implications do remain and
are determined by the proper law of each institute in fidelity to its own
tradition. Moreover, there is no reason why the terms can not be used
in popular parlance if one chooses to do so. So when perpetual or final
vows are made in an institute which requires the complete renunciation
of all personal possessions and the right to acquire, this is what has been
referred to as professing solemn vows. When this renunciation is made,
it should be made in such a way that the civil law recognizes it. In the

United States this is usually impossible. The civil law will not permit
 Obligations and Rights / 185

anyone to give away what is not yet possessed. Nevertheless, this fact
does not alter the canonical consequences of the profession of vows in
the institute.
The second part of this paragraphis concerned with religious in insti-

tutes with a simple-vow tradition. In these institutes members retain

radical ownership and do not give up the right to acquire. However,
if the proper law of the institute permits it, the religious may give away

a part or all of his or her patrimony (the personal possessions which are
overseen by the administrator) by an act of renunciation. The proper
law, the constitutions or directory, may stipulate that such an act of
renunciation may not be made until a certain number of years after
perpetual profession. However, if the relatives of a religious are in finan-
cial need and he or she wishes to help them by giving them part of his
or her patrimony, this should be permitted by the proper superior. The
canon states that the supreme moderator is the proper superior. While
much should be left to the discretion of the particular member desiring
to make a partial or total renunciation of his or her property, and
reasonable requests to do so honored, the superior should be prudent in
granting these permissions.

CONSEQUENCES OF A RENUNCIATION
§5

After perpetual profession, a religious in an institute with a solemn- vow

tradition loses his or her canonical capacity to own or acquire anything
personally. Ifan attempt is made to exercise ownership, this has no stand-
ing in canon law, even though the civil law may recognize it. It would
be a violation of the vow of poverty by the religious. Again, whatever
a religious acquires in any manner and under any title as a member of
an institute where complete renunciation is made at perpetual profes-
sion, is acquired for the institute.
In institutes with a simple-vow tradition, a religious who is permitted
to make a partial or a total renunciation of his or her patrimony with
the permission of the proper superior does not give up the right to own
and acquire. This act of total renunciation could not be made under the
stipulations of CIC 583, 1° of the 1917 Code, but is now permitted if
the proper law of an institute grants this right to the members.

C 669

§1. Religious are to wear the habit of the institute made according to the norm
of proper law as a sign of their consecration and as a testimony of poverty.
186 / DAVID F. O'CONNOR, S.T.

§2. Clerical religious of an institute which does not have its own habit are
to wear clerical dress according to the norm of can. 284.

§1

Unlike CIC 596

of the 1917 Code, this canon states nothing about when
a habit be worn. In fact, it leaves this and all other matters about
is to
the habit to be determined by the proper law of each institute. Not every
institute has a habit as part of its tradition. Many have never had a habit
or an identifiable garb. Some institutes were founded during periods of
persecution of the Church and purposely never adopted a distinctive style
of dress. Others, such as the Society of Jesus, have from their foundation
simply adopted the customary clerical garb of the particular locale where
they live and minister.
While the Latin term habitus has a long and venerable tradition, it
ismore accurately associated with monastic and conventual institutes
than it is with the many apostolic institutes of men and women which
have developed in the last two centuries. 21 These latter institutes often
adopted the contemporary clerical dress if they were institutes of priests.
If lay people, they chose the garb of the common folk, peasant's dress,
or widow's weeds. In any case, many did not adopt a habit in the
monastic sense, but a style of dress that only became uniform with the
passage of time because it was not changed or adapted. During his pon-
tificate Pope Pius XII exhorted women religious to modernize their garb.
These exhortations went unheeded for the most part. It was only in the
post-Vatican II years that great change took place. So much change, in
fact, that the Apostolic See was concerned that institutes which had a
habit as part of their patrimony were abandoning it rather than adapt-
22
ing it.

might be recalled that the concept of a habit does not necessarily

It

include the wearing of a veil by women religious. It is possible to have

a habit and not a veil. Some institutes of women religious wore a garb
from their very foundation but never a veil. Also, the Apostolic See has
stated that purely secular dress, without any recognizable sign, can be
permitted by the competent superior when the habit is an impediment
or obstacle in the normal exercise of activities which should be under-
taken by the religious. 23 All of these issues might be resolved by consider-
ing the proper law of each institute, the expectations of the local church,
the requirements of the particular culture, and the demands of the
apostolate.
 Obligations and Rights / 187

REASONS FOR A DISTINCTIVE GARB

The canon gives the purpose of a religious habit as (1) a sign of consecra-
tion and (2) a testimony to poverty. There is no doubt that the intent
of the canon and its underlying presupposition is that religious, at least
in the apostolate, ought to be identifiable and to dress simply. PC 17
stated that "since they are signs of a consecrated life, religious habits
should be simple and modest, at once poor and becoming. They should
meet the requirements of health and be suited to the circumstances of
time and place as well as to the service required by those who wear them."
Experience has showed how difficult it is to dress appropriately for
every occasion. This often requires an extensive wardrobe which must
be frequently changed as styles change. To do this is expensive and time-
consuming. Adopting a simple garb that is modest and dignified can
resolve a multitude of practical problems for religious who are called
to witness detachment and a spirit of poverty. Again, this does not imply
that it must be worn all of the time.
Religious life has a public dimension to it, and some form of distinc-
tive dress has a value from this perspective. Generally people in service
roles wear some distinctive dress in that capacity so that they can be
recognized by the public. It is interesting to note that there was a sug-
gestion made to change this canon to read: "Religious should wear a
specific sign of their institute. . . ."but this was
by the Secretary
rejected
of the Pontifical Commission for the Revision of the Code, referring to
the conciliar quote above as well as to ET 22, the Notification of February
24
24, 1972 and the circular letter of SCRIS, July 10, 1972. Since the debate
over this issue is not very intense in many parts of the world, this made
it difficult to alter the canon and the customary expectations in this
regard.

§2

This reference to C 284 addresses the compliance which is expected of

clergy with respect to clerical attire as stipulated by the episcopal confer-
ence and local custom. (It is noteworthy that the Latin expression in
C 284 is that clerics wear a decentem habitum ecclesiasticum. Habitus
is not translated as habit, but as garb or dress.) The clerical members

of a religious institute its own garb, such as the So-

which does not have
adopt the recognized style of clerical dress
ciety of Jesus, are expected to
in the local church where they live and minister. Again, while the clergy
are expected to wear the cassock, clerical collar, and suit, or whatever
is stipulated or customary, they are not expected to wear it all of the
188 / DAVID F. O'CONNOR, S.T.

time. There will be occasions, such as periods of recreation, where it may

be inappropriate or unreasonable to expect it to be worn. The instruc-
tion given the clergy and religious of the Diocese of Rome addresses this
issue and makes it clear that appropriate clerical dress should be worn
for liturgical celebrations, administration of the sacraments, for
preaching, and in the ambit of the pastoral ministry. 25

C 670

An institute must furnish for its members all those things which are necessary
according to the norm of the constitutions for achieving the purpose of their
vocation.

Many canons are concerned with the obligations of religious and their
essential dependence upon their institute. For example, religious should
observe a common life as understood and practiced in the institute
(CC 608 and 665, §1). Religious must obey their superiors according to
the proper law of the institute (CC 601 and 671). They may not have
the use of things without proper permission because their vow of pov-
erty makes them dependent upon their institute and its superiors in the
disposition of material things (C 600). Whatever they acquire as religious,
they acquire for the institute (C 668, §3). The present canon, therefore,
expresses the reciprocal obligation of the institute to care for its members.
Since religious are completely dependent upon their institutes, the
proper authorities within the institute are obliged to see that the indi-
vidual members are adequately cared for, especially regarding the
necessities of life. Certainly this includes food, clothing, and a roof over
their heads. Religious are to receive proper medical attention when re-
quired. Wise provision should be made by the institute to care for the
sick, the elderly, and the incapacitated members. The proper law of the
institute willdetermine the type of intellectual and spiritual formation
for the members, as well as the training and formal education which
will prepare them for the life and apostolate in which they will engage.
Generally, there is the well-established practice of institutes to provide
periods of relaxation and vacation for the members, even though there
is no right in universal law to have an annual vacation. However, it would
seem, if this is a recognized practice in an institute, every member should
have the opportunity to do so. The common life would require that the
same be stated about jubilee trips and similarly recognized customs and
practices in the institute. All the members should be given the same op-
portunities and receive the same reasonable consideration.
It must be remembered that Church law, community regulations,

and practices cannot take the place of charity, reasonableness, and com-
 Obligations and Rights / 189

mon sense. While there may be no canonical right for religious to select
own physicians, dentists, and professional help, a certain amount
their
of mature freedom and discretion should be recognized in this matter,
unless in individual cases there is evident abuse. Sometimes it will be

the obligation of the proper superiors to intervene and obtain the profes-
sional care that may be necessary for the religious, as may be the case
in helping a member who is addicted or evidencing emotional problems.
It is the responsibility of the institute to care for these members. It

is not the responsibility or obligation of their relatives or friends. Religious

superiors should be sensitive to the human dimensions in such situations
when they have to consider the feelings of relatives and friends of a sick
religious as well as the individual religious.
Conversely, there are occasions when a member will feel obligated
to help care for a sick, elderly, or incapacitated relative. These delicate
issues are not covered by canon law but by charity and reasonableness.
Although the religious has no canonical right to demand to be given time
for this purpose, permission should be granted for such reasonable re-
quests. Almost always, institutes have manifested charity, magnanim-
ity, and sensitivity when it came to caring for the relatives of its members.

C 671

A religious is not to accept duties and offices outside the institute without the
permission of the legitimate superior.

Membership in a religious institute tends by its nature to be an all-

encompassing style of Christian life. Celibate religious must build new
relationships with their brothers or sisters in a common life. Vowed
evangelical poverty means ultimate material dependence upon the insti-
tute. The nature and purpose of the institute defines the perimeters of
the activities in which the individual may engage. The private and public
lives of religious will converge, more or less, because the religious life

involves the whole person. It is impossible to think that a religious can

give only part of him or herself and be faithful to the demands of this
consecrated life. Religious give up the freedom to make choices inde-
pendently of the institute concerning what they will do or not do, what
they have or won't have, where they will live or not live. Ascetically,
religious abandon themselves to the Lord in their response to an ecclesial
vocation.
Most institutes have made radical changes in the manner in which
assignments are made for individual religious since the reforms of Vatican
II. Cultural and ecclesial alterations have allowed institutes to manifest
a greater sensitivity toward the individual members and to recognize their
190 / DAVID F. O'CONNOR, S.T.

personal talents and gifts. This rediscovery has promoted individual and
corporate discernment practices in the approach to the specification of
duties, responsibilities, and assignments. A one-sided and authoritarian
approach to government and obedience, to a significant extent, has been
discarded in most religious institutes. Today, religious superiors attempt
to implement processes by which appropriate attention is given to the
desires, charisms, and talents of the individual, as well as to the needs
of the institute and the demands of the apostolate. Less and less frequentiy
do religious find themselves forced to be square pegs in round holes.

OPENNESS TO "BEING SENT"

However, any process through which religious have a mature and respon-
sible role to play in their own assignments, and offices — in or out-
duties
side of the institute — must recognize that the final decision belongs to
the religious superior in accordance with the proper law of the institute.
Religious must leave themselves open to the experience of "being sent."
When this is impossible in an institute, then one may question whether
26
the vow of obedience is possible in that institute.
Therefore, every institute has the right to expect the availability of
itsmembers and to control essentially the commitment which individual
members wish to make of their time and talent. This is not intended to
inhibit the generosity of the members nor the movement of the Spirit.
But it is meant to channel talents within the context of the institute and
its own charisms and purposes and to recognize and confirm the

movements of the Spirit. It is within this context that a religious pro-

fesses to live his or her dedicated life of prayer and service. Therefore,
a member is not free to accept duties and offices outside the institute.
All commitments of one's time and talent must be made under the aegis
of religious obedience. The proper religious superior has the right and
duty to pass judgment on these. Good communication between members
and the superior is necessary so that reasonableness and sensitivity are
promoted in making these determinations.
C 672

Religious are bound by the prescriptions of cann. 277, 285, 286, 287 and 289,
and, moreover, religious clerics are bound by the prescriptions of can. 279, §2;
in lay institutes of pontifical right, the permission mentioned in can. 285, §4
can be granted by the proper major superior.

This canon specifies certain obligations which bind both the clergy and
religious. These have to do with activities which are prohibited, for the
 Obligations and Rights / 191

most part, to both religious and clergy because of the public nature of
theircommitment and service in the Church. Religious life has a close
link with the hierarchical apostolate and there is a special relationship
which binds religious life to the pastoral responsibilities of the Church. 27
Therefore, throughout the history of the Church there has been a cer-
tain consistency in the tenor of these prohibitions, although the partic-
ular culture, time, and place have helped determine them. They have
been manifested in the exhortations and instructions of popes, bishops,
and councils, as well as in the regulations, decrees, and laws of the
Church, that religious and clergy are to refrain from engagement in cer-
tain activities that are considered to be generally inappropriate, unbecom-
ing or foreign to the gospel ministry.
The 1917 Code treated this matter in CIC 592, 139, 141, and 142.
Some of the specific activities are no longer in the present law. For ex-
ample, there is no mention about engaging in clamorous hunting with
hounds, which always seemed quaint and foreign to our culture, but was
not so if considered in the text of a late nineteenth century European
situation. Also, no longer is there any prohibition concerning medicine
and surgery as prohibited activities. Again, times have changed and the
missionary endeavors of the Church have often required such expertise.

PROTECTING A CELIBATE COMMITMENT

C 277 is concerned with the implications of a chaste and celibate com-
mitment. Religious are required to be prudent and to avoid associations
with persons which would endanger their chastity or occasion scandal
for the faithful. The diocesan bishop does have the legal right to enact
specific regulations for his diocese which would oblige the religious there
as well as the clergy. Also, he has the right to pass judgment on par-
ticular cases. If these concern a religious, it would be expected that the
bishop would fully involve the appropriate religious superior.

ACTIVITIES ALIEN TO THE RELIGIOUS LIFE

C 285, §1 and §2 states that religious are also obliged to avoid those things
which are unbecoming to their state and observe the particular laws that
determine such activities. Even if not unbecoming, they are to be avoided
if they are alien to the religious life. Again, much will be determined

by the particular time, place, and culture. The classical example of an

unbecoming activity for clergy and religious was that of being a tavern
keeper or bartender. 28 However, there are many activities which are
192 / DAVID F. O'CONNOR, S.T.

perfectly legitimate but would seem

to be out of place for a religious,
for example, a religious being an officer of the law, a flight attendant,
an employee of the sanitation department, a salesperson in a department
store, etc. Much has to be left to the good judgment, common sense, and
prudence of people. Certainly, in particular cases, a religious is obliged
to follow the directives of religious and ecclesiastical superiors.

PUBLIC CIVIL OFFICE

C 285, §3 forbids religious to assume any public office which involves

the exercise of civil authority. Examples of such offices would be those
of an attorney general, a mayor, a governor, or similar positions. It should
be noted that the canon has been changed since the 1980 draft which
indicated who could grant permission. It appears that in doing this the
intent is to tighten the canon and make exceptions to it more extra-
ordinary. Religious are to undertake an apostolate that is in accordance
with their constitutions and the charism of their institute. Generally, this
will exclude public civil positions because religious are at the service of
people as heralds of the gospel in the name of the Church.

SECULAR FINANCIAL RESPONSIBILITIES

According to C 285, §4, religious are not to undertake, without the proper
permission, the management of property owned by laity or assume secular
which require financial accountability. Permission may be granted
offices
when necessary by the major superiors of pontifical institutes. In the case
and the local ordinary
of diocesan right institutes, both the major superior
of the generalate need to grant permission. Thiscanon is a protection
for religious who should avoid such involvement unless necessary. For
example, a religious may be obliged to manage the affairs of an elderly
or incapacitated parent, or a specific apostolate may demand that a
religious assume such responsibilities for a time. Each case should be ex-
amined on its own merits and the proper superior should be aware of
the civil and legal implications before granting the permission, especially
if a considerable amount of money is involved. Also, without consulting

the proper authority, religious must not assume the obligation of acting
as surety or paying debts in case a debtor fails to do so. They should not
sign promissory notes by which they assume the obligation of paying a
certain amount of money for an undetermined reason. This, especially,
presents a problem for religious because of their vow of poverty. Great
prudence must be exercised in these matters.
 Obligations and Rights / 193

BUSINESS AND TRADE

C 286 prohibits religious from engaging in business and trade, person-
ally or through others, for their own benefit or that of others, without
permission of the ecclesiastical authorities. This means that permission
is required of the major superior and the appropriate ecclesiastical author-

ity. Necessity may require a religious who inherits a large business to

make sure it is properly administered until disposition can be made of
it. Or a poor school may have to sell products produced by the students
to maintain itself. Certainly, cloistered and contemplative religious have
supported themselves customarily by selling products made by the monks
or nuns such as wine, bread, altar furnishings, cheese, etc. Such tradi-
tional activity is not proscribed by this canon. Nor is the presence of a
religious book or goods store at a shrine or religious house prohibited.
Moreover, there would seem to be many exceptions to the general prohi-
bition. In fact, this canon states expressly that permission can be given
to engage in some form of trade or business, unlike CIC 142 or the 1917
Code. Care should be taken so that the civil law regulations are observed
and that taxes are paid to the government on unrelated income.

POLITICAL AND TRADE UNION INVOLVEMENT

C 287 states that religious are greatly obliged to foster peace and con-
cord based on justice among people. They are forbidden to take an ac-
tive role in political parties or in the management of labor unions, unless
in the judgment of the proper ecclesiastical authorities this is required
for the protection of theChurch or the promotion of the common good.
It would seem that the prophetic dimension of religious life demands that

they stand apart and be critical of the limitations of all political

movements. 29 They are not to be "of a party." They are to be concerned
with fostering peace and justice as agents of reconciliation, not division.
This will preclude, ordinarily, their direct involvement in partisan politics
where divisions are inevitable. When permission is requested, it is given
not only by the proper religious superior, but also by ecclesiastical author-
ity. This could be not only the local Ordinary but the SCRIS as well.
The Church has discouraged such involvement because priests and
all

religious are not social or political figures or officials of a temporal power.

They should be recognized as servants of Christ and stewards of the
mysteries of God. 30

MILITARY SERVICE AND CIVIL EXEMPTIONS

C 289 states that religious are not to volunteer for military service and
194 / DAVID F. O'CONNOR, S.T.

that they should take advantage of all exemptions granted by the civil

authorities so that they be freed from such service and any other public
or civil duty that is foreign to the religious life. In particular cases the
proper religious superior and the ecclesiastical authority can decide other-
wise. canon is not concerned with the ministry of religious
While this
as chaplains, concerned with all other forms of military service. Also,
it is

the canon urges religious to take advantage of civil exemptions for such
things as serving as a juror in criminal trials or litigations because it is
inappropriate that they be in a position of condemning people or deciding
31
upon their civil guilt.

POST-ORDINATION STUDIES

Religious priests are obligated by C 279, §2, which requires them to

follow the prescriptions of particular law concerning post-ordination
studies. Priests are to attend pastoral lectures, theological meetings, and
conferences which give them the opportunity to acquire a deeper
knowledge of the sacred sciences and pastoral methods. Therefore,
diocesan regulations concerning these matters bind religious as well as
diocesan priests. These would apply especially to those engaged in pastoral
activities in the local church.

NOTES
1. ET 1-2.
2.Miriam Cerletty, "Some Practical Helps for the Development of Constitutions,"
StudCan 14 (1980) 155-70; David F. O'Connor, "Some Observations on Revised Consti-
tutions," RfR 39 (1979) 771-79, and "Constitutions and the Revised Code of Canon Law,"
42 (1983) 506-13.
3. LG 43; C 576.
4. ET 42-45.
5. SCRIS, CDR (March 1980) 4.
6. SC 10; LG 11; PC 6; ET 47-48.
7. Message of John Paul II to SCRIS, March 7, 1980, ConLife 5 (1982) 8-9.
8. ET 45-46; CDR 13.
9. CDR 12.
10. CDR 13.
11. SCRIS, DC (December 8, 1970) AAS 63, 318.
12. CDR 10.
 Obligations and Rights / 195

13. ConLife 2 (1978) 166.

14. ET 31-41.
15. VS 10-11.
16. ET 35.
17. See CLD 7 (1975) 538-41.
18. ConLife 6 (1982) 5-124.
19. CLD 1 (1934) 304.
20. ConLife 2 (1978) 152-53; 170-73; 5 (1982) 104.
21. Jean-Claude Guy, "Religious Costume Yesterday and Today," Supplement to The
Way 4 (1967) 66-77.
22. CLD 7 (1975) 534-35.
23. Dinn, M. J., Tessier, L., Courneene, E., Canonical Documents on Consecrated
Life 1963-1976, Ottawa: St. Paul University (1977) 367-68.
24. John A. Alesandro, "Religious in the Church: A Look at the New Code of Canon
Law," Proceedings, Sixteenth National Assembly of Vicars for Religious, Wheeling, W. V.
(March 29-April 1, 1982) 57.
25. Directive from Cardinal Ugo Poletti, Vicar General of the Diocese of Rome, Oc-
tober 1, 1982, Crux of the News, (November 1, 1982).
26. George Aschenbrenner, "Prayer, Mission, Obedience," Supplement to The Way
(1980) 50-61.
27. SCRIS, "Religious and Human Promotion," CLD 9 (1983) 379-410.
28. See Bouscaren, Ellis, Korth Canon Law (1963) 118.
29. SCRIS, "The Prophetic Role of Religious in the Promotion of Human Progress,"
ConLife 4 (1980) 416-29.
30. See Address of John Paul II, OssRomEng, February 17, 1981, 6; David F. O'Connor,
"Religious in Politics," RfR 41 (1982) 834-48.
31. Joseph Betz, "A Sister in the Jury Box," RfR 41 (1982) 849-52.

BIBLIOGRAPHY
Alesandro, J. "Religious in the Church: A Look at the New Code of Canon Law,"
Proceedings: Sixteenth National Assembly of Vicars for Religious (March 29-April 1982)
Wheeling, W.V., 23-60.
Aschenbrenner, G. "Prayer, Mission and Obedience," Supplement to The Way (1980)
50-61.
Betz, J. "A Sister in the Jury Box," RfR 41 (1980) 849-52.
Cerletty, M. "Some Practical Helps for the Development of Constitutions," StudCan 14
(1980) 155-70.
Guy, J-C. "Religious Costume Yesterday and Today," Supplement to The Way (1967)
66-77.
O'Connor, D. "Some Observations on Revised Constitutions," RfR 39 (1979) 771-79.
O'Connor, D. "Religious in Politics,"fl/fl 41 (1982) 834-48.
196 / DAVID F. O'CONNOR, S.T.

O'Connor, D. "Constitutions and the Revised Code of Canon Law," RfR 42 (1983)
506-13.
O'Connor, D. "What Does a Religious Institute Owe Its Members?" RfR 43 (1984)
558-66.
Pennington, G. "Venite Seorsum— An Evaluation," StudCan 5 (1971) 245-57.
Said, M. "Particular Law of Institutes in the Renewal of Consecrated Life," RfR 36 (1977)
313-35.
SCRIS "The Prophetic Role of Religious in Promotion of Human Progress," ConLife 4
(1980) 416-29.
The Apostolate of Institutes
Canons 673-683

Richard A. Hill, S.J.

This chapter, as a distinct section or grouping of norms, is entirely new

in the Code of Canon Law and did not appear in the 1917 Code as a
distinct section. It deserves, therefore, some comment in its own right.
1

The 1917 Code never employed the terms apostolate or apostolic works,
but spoke instead of ministry or sacred ministry, which were applicable
who had been ordained, and works (opera) or pious works,
only to those
which were applicable to both lay persons and clergy.
Prior to the mid-nineteenth century the expression "apostolate" was
reserved in ecclesiastical terminology to the hierarchy and by participa-
tion extended to presbyters. As lay persons, however, especially the
members of the newly founded and canonically recognized lay congrega-
tions, were increasingly clearly seen as sharing in the task of building
up the Body of Christ and spreading the Kingdom of God, they began
to be said to participate in or assist with the hierarchical apostolate. But
widespread use of these expressions and their recognition by use in of-
ficial ecclesiastical documents did not emerge until after the 1917 Code

was promulgated. It was Pope Pius XI who first began to speak of lay
apostolic works, but he tended to identify this with Catholic Action,
which was always viewed, at least popularly, with considerable suspi-
cion, especially outside Italy.The struggle between the Church and the
fascist government of Italy preoccupied the final decade of Pius XTs pon-
tificate. It remained for Pope Pius XII, beginning with the encyclical

Mystici Corporis Christi in 1943 and concluding with his addresses to

the First and Second World Congress of the Lay Apostolate in 1951 and
1957, to broaden the meaning of apostolate when predicated of laity,
to recognize it as deriving from baptism and confirmation and not solely
from a mandate of and in close dependence upon the hierarchy, and to
liberate it from the popular ideas which tended to obscure it.

197
198 / RICHARD A. HILL, S.J.

II definitively embraced the expression "apostolate"

Vatican Council
as fully applicableand belonging to laity as well as clergy by promul-
gating the Decree on the Apostolate of the Laity and by employing the
expression in practically all of its other documents. The council described
the apostolate as all activity of the Mystical Body directed to the attain-
ment of the goal of spreading the Kingdom of Christ everywhere. 2 This
apostolate should be carried forward by every member of the Church
because the vocation to be a Christian is itself the vocation to the
3
apostolate. Religious, therefore, must also share in the apostolate of the
Church by reason of their own commitment in baptism and confirma-
tion, which is not lost or stifled by their religious profession.
The 1983 Code appears, however, precisely at a time when the word
"apostolate" seems to be fading from Catholic vocabulary, at least in
North America, if not everywhere in the English-speaking world, and
to be in the process of replacement by the word "ministry," which, as
it is being presently used by many, seems to connote the same reality

as "apostolate," but appears to add the notion of a more stable and of-
ficial role or function in the Church. There is a growing corpus of
literature on this subject and it may eventuate that, similar to the ex-
pression "apostolate," ministry will find acceptance in official Catholic
vocabulary. If and when this is perceived as a reality throughout the
Church, it should find its way into official documents and thus appear
in the canonical lexicon.
This has not yet happened, and consequently the Council and the
Code do not substitute ministry for apostolate. Only in the case of lay men
does the Code recognize a formal and stable commission of ministry, that
of lector and that of acolyte. 4 In Catholic teaching the ministers of the
sacrament of matrimony are the bride and groom, although the law does
not speak that way. To be sure, other lay persons, in the absence of the
appropriate minister, can be and are deputed to fulfill some of the func-

tions of ministers by exercising the ministry of the Word, by presiding

at liturgical prayers, by administering baptism and by distributing Holy
Communion. 5 The difficulty of canonical language and its meaning when
speaking of extraordinary ministers exceeds the scope of the present com-
mentary, touching, as it does, on the distinction between possessing a
ministry and exercising it either in extraordinary circumstances or by
special mandate. Extraordinary ministers cannot be called upon unless
ordinary ministers are absent or impeded.
None of this, however, implies that the increasingly popular use of
the expression "ministry" is mistaken or inappropriate. Patience may be
needed now and again until the meaning becomes clear.
 The Apostolate of Institutes / 199

Turning now to the apostolate of religious institutes, it may first be

noted that chapter addresses only institutes as such, with two excep-
this
tions which will be noted in the relevant places, and not apostolic works
of individual religious apart from the corporate apostolic works of their
institutes. The apostolate in question here is corporate. The law is aware
of theneed and the fact that individual religious engage in apostolic works
other than those which are proper to or committed to their institutes. 6
This chapter offers a good example of the use of conciliar language
and principles law and of the incorporation of post-
in articulating the
conciliar implementational norms into the codified law. Of its eleven
canons only one, which will be noted below, does not derive in whole
or at least in significant part from the conciliar documents. For this reason
those who study or consult these canons should also be familiar with the
sources from which they principally derive and which provide a more
7
ample context for them.
Finally, before discussing the individual canons of chapter V, it is

worthwhile to call to mind certain provisions incorporated elsewhere in

theCode which are part of the context within which these canons should
be interpreted and applied. They are:

1) the just autonomy of life, especially of governance, which every institute

enjoys in the Church (C 586).
2) the subjection of every institute to the highest authority in the Church
(C 590), which also extends to internal governance and discipline (C 593).
3) the much more extensive role of the diocesan bishop with respect to in-
stitutes of diocesan right and autonomous houses (CC 594, 595, 615, and
passim).
4) the right which religious have to carryon the apostolic works proper to
their respective institutes (CC 611, §2, 2° and 612).

C 673

The apostolate of all religious consists first in their witness of a consecrated

life which they are bound to foster by prayer and penance.

The statement made in this introductory canon highlights the doctrinal

position of Vatican Council II that the principal or foundational ecclesial
role of religious is their witness or testimony to the holiness of the Church
and that consequently their primary obligation is to cultivate this holiness
in themselves by prayer and penance. 8 By offering a broad, general state-
ment of that which primarily constitutes apostolate for religious as such,
it contextualizes the norms which follow, especially in the next two

canons.
200 / RICHARD A. HILL, S.J.

C 674

Institutes which are wholly ordered to contemplation always retain a

distinguished position in the mystical Body of Christ: for they offer an extra-
ordinary sacrifice of praise to God, they illuminate the people of God with the
richest fruits of their sanctity, they move it by their example, and extend it through
their hidden apostolic fruitfulness. For this reason, however much the needs of
the active apostolate demand it, members of these institutes cannot be summoned
to aid in various pastoral ministries.

After enunciating the general principle in the first canon of this chapter,
that all religious share in the apostolate of the Church primarily by the
testimony of their lives, the Code here distinguishes between institutes

which are wholly ordered to contemplation in this canon and those com-
mitted to the works of the apostolate in the next canon. Contemplative
9
institutes are said, in the language of the Council, to occupy a conspic-
uous place in the mystical body and that in four ways: by offering a
preeminent sacrifice of praise to God; by enriching the People of God
with the choicest blessings of holiness; by inspiring the Church by their
example of prayer, penance, silence and sacrifice; and by contributing
to the growth of the Church by their hidden apostolic fruitfulness. In
this way these institutes can properly be said to share in the apostolate
of the whole Church and of a particular church in a unique and indis-
pensable way, so much so that their members cannot in any circumstances
be pressed into service in the pastoral ministry. 10
The second sentence of the canon, which provides the specifically
juridic element which should be found in every statute, is a conclusion
from the first. The subject of this normative provision is the members
of exclusively contemplative institutes rather than the institutes
themselves, thus affirming the right of these religious to pursue their voca-
tion without any diversion to external works of the apostolate even within
their own monasteries. It also precludes any diversion of the institute
itself, e.g., this monastery or convent, to apostolic activity, whether by
bishops or by the religious themselves, because thiswould imply a per-
manent or very long-term modification of the purpose and nature of the
institute. Even the most pressing need of the pastoral office, therefore,
does not constitute the truly necessary reason for a member to leave the
cloister, asmentioned in C 667, §4.
This canon is not addressed to those institutes which by rule or by
healthy tradition combine the contemplative life and at least its princi-
pal choral observances with apostolic work, e.g., schools or hospitals;
they are addressed in the following canon. 11 There are, however, some
monasteries, especially of nuns, which, because of circumstances beyond
 The Apostolate of Institutes / 201

their control, such as persecution or critical economic necessity, have been

compelled to take up apostolic work in order to survive, e.g., teaching,
nursing, retreats. Neither by rule nor by long tradition has apostolic
endeavor of this kind become integral to their way of life. The challenge
of renewal for them and for the ecclesial community in which they find
themselves is either to find a way to return to the exclusively con-
templative life or to integrate the changed circumstances harmoniously
with their life of prayer and penance. In the latter case they have to

reduce the tension which they experience as a result of the effort to com-
bine truly disparate elements; in the former case the Church will have
to come to their assistance.

C 675
§1. In institutes dedicated to works of the apostolate, apostolic action per-
tains to their very nature. Hence, the whole life of members is to be imbued
with an apostolic spirit, indeed the whole apostolic action is to be informed by
a religious spirit.

§2. Apostolic action is always to proceed from an intimate union with Cod,

and it is to confirm and foster that union.

§3. Apostolic action, to be exercised in the name and by the mandate of the
Church, is to be carried out in its communion.
This canon of three paragraphs turns to the only other generic form of
religious life presently known in the Church, institutes committed to the
works of the apostolate. It seems good to begin by referring to the first
draft of the canons on institutes of consecrated life. As is well known
that document was concerned to distinguish different kinds of religious
institutes and to describe them in detail. Of all the aspects of that draft
it was this which was most universally criticized. The promulgated Code

addresses religious institutes as such and minimizes the differences among

them.
This canon introduces the legislation of the remainder of the chapter
by underscoring the bipolar nature of apostolic institutes, their essen-
tially religious character, and their relationship to the hierarchical struc-

ture of the Church precisely by reason of their apostolic nature. §1 is

taken almost verbatim from PC 8, stressing that apostolic work is an essen-
tial, not incidental, dimension of the nature of such institutes.

This conciliar statement is by no means new; it is deeply rooted in

the tradition of the Church and has always been viewed as foundational
in institutes founded for apostolic purposes. In practice, however, it has
never been easy to maintain the equilibrium and mutuality of apostolic
action and the observance of the evangelical counsels, serious and
persevering prayer and genuine community life: the whole way of liv-
202 / RICHARD A. HILL, S.J.

ing and working which has been traditionally identified as specifically

religious. The two poles have to exist and interact in creative tension.
§2 and §3 are also derived from PC 8. §2 identifies union with God
as the source and root of apostolic effectiveness and it is for this reason
that it should be nurtured and strengthened. Growing union with God
is discerned precisely in a deeper faith which sheds its own light on the
circumstances within which apostolic enterprises are carried out, in a
more energetic hope and confidence that the Spirit of God is at work,
and God and of every human person in God which
in a stronger love of
sustains and energizes what the members of apostolic institutes under-
take in order to build the Kingdom of the Father. Without the conscious
and consistent cultivation of union with the Lord, the religious becomes
a technician, perhaps an excellent technician, relying more and more
exclusively on personality and skills in what is of its nature a mysterious
undertaking.
§3 states a broad, general principle and reflects the conciliar teaching
in a summary manner. 12 It introduces the remainder of this chapter. The
apostolic activity of religious institutes is of necessity ecclesial activity.
In order to be such it has to be carried on in the name of the Church,
which means that it is and constitutes part of the
explicitly Catholic
broader apostolic effort of the Church. It must also be exercised with
the mandate of the Church, which implies that it is approved by com-
petent ecclesial authority and is not a purely private initiative, and
throughout the course of an apostolic enterprise communion with the
Church must be maintained.
Communion with the Church is defined in C 205 as being joined with
Christ in the visible organization of his Church by the bonds of faith,
the sacraments, and ecclesiastical governance. As the Council says,
"Union with those whom the Holy Spirit has assigned to rule the Church
of God is an essential element of Christian apostolate." 13 This clearly im-
plies that any apostolic work should be coordinated with the other
apostolic undertakings within the particular church under the guidance
14
of the bishop.
The mandate of the Church to engage in various apostolic works,
however, derives from more than one source. The canonical erection of
a particular religious institute through the approval of its constitutions
provides the original mandate given to it to engage in the kinds of ac-
which constitute its very purpose. The permission of a diocesan
tivities
bishop to establish a house within the diocese carries with it the right
toengage in the works which are proper to the institute. 15 Any subse-
quent change in the apostolic works of a house, which requires the con-
 The Apostolate of Institutes / 203

sent of the bishop, implies a new charge or permission to engage in the

new work. 16 Finally, the approval of the appropriate religious superiors
of the community is certainly part of the mandate of the Church.

C 676

Lay institutes, whether of men or women, share in the pastoral office of the
Church through spiritual and corporal works of mercy and offer the most diverse
services to men and women; therefore they are to persevere faithfully in the grace
of their vocation.

This canon speaks of lay institutes as such, whether they be of men or

of women, and is essentially a paraphrase of LG 46 and of PC
These 10.
institutes as a whole have as their special apostolate the spiritual and cor-
poral works of mercy and, because the Church is always in need of such
apostolic efforts, they are directed to continue to provide the People of
God with these various services. 17
There is no parallel canon in this chapter concerning clerical institutes
because by definition clerical institutes are those which assume the exer-
cise of sacred orders and an additional canon in this chapter would have
been redundant because of C 588, §2.

C 677

§1. Superiors and members are faithfully to retain the mission and works proper
to the institute; nevertheless they are to accommodate these prudently to the
needs of times and places, including the use of new and appropriate means.

§2. Moreover, if they have associations of the Christian faithful related to them,
institutes are to assist them with special care so that they are imbued with a gen-
uine spirit of their family.

§1
The principal conciliar source of §1 is PC 20. Whereas the Council ad-
dressed institutes themselves, the present text addresses the superiors and
the members as being responsible to maintain or continue the works
proper to each religious institute. This is a specific application of the fre-
quently cited C 578 concerning the patrimony of each community which
must be preserved intact. The conciliar source, however, makes it clear
that apostolic works which today are less compatible with the spirit and
authentic character of the institute should be set aside. For example, if
a congregation of women were to have among its proper apostolic works,
determined by the founder herself, the education of the daughters of the
aristocracy, it might prudently judge that this is no longer an appropriate
apostolate for its own sake, but that it should be changed to the educa-
tion of youth in general. Similarly a community of brothers might judge
204 / RICHARD A. HILL, S.J.

that training chefs is no longer compatible with its spirit as this has

developed during the past century.

The paragraph calls for basic fidelity to the kinds of apostolic work
elected by the founders or introduced in the course of time by way of
sound traditions, but it also requires on- going critical assessment of the
forms and the means of carrying them out. The founders and their
original companions were obviously concerned about the needs of the
Church and of society which actually confronted them and these deci-
sively conditioned their choices and the way they expressed them. This
was especially the case when religious communities were born out of
widespread crises in the Church or came into existence as a result of very
specific and even localized needs. What has to be done is to discern within
the specific choices of the founders or of subsequent modifications the
apostolic motivation or intent and then to translate that core value into
contemporary forms to meet contemporary needs. This is especially
necessary for communities which were established to meet social needs
which have since become the primary concern of civil agencies or have
even ceased to exist.
An important distinction is made in ES I 29.1 and .2 and in this
paragraph 18 between works which are proper to an institute and those
apostolic works which are entrusted to it by ecclesiastical authority, usu-
ally by a diocesan bishop. The canonical norms for these two kinds of
apostolic activity are somewhat different.
An apostolic to or belongs to an institute if it was
work is proper
undertaken by the founder and the original members or was subsequently
introduced for special reasons and eventually came to be part of the
patrimony of the institute. In either case the kind of work is found in
the constitutions. These are the works which religious have the right to
engage in according to C 611, 2°, unless limiting conditions have been
agreed upon at the time the institute established a house in a specific
place, and are mentioned in the document of consent signed by the
diocesan bishop or by his delegate.
Thus, when a religious community has been invited into a diocese
by a bishop to establish a secondary school, presuming that education
is an apostolic enterprise proper to it, the authority or power of the bishop

with respect to that school is subject to certain limitations. This is what

ismeant by an apostolic work proper to the institute; it belongs to the
community (even if it does not own the property or the buildings). If,
however, the same religious institute is also asked to staff a parochial
elementary school or a diocesan high school, every aspect of this apostolic
work is subject to the authority of the diocesan bishop normally exer-
 The Apostolate of Institutes / 205

cised through departments of his curia or office. This work is said to be

committed not proper to, the religious institute.
to,
This paragraph, furthermore, cannot be interpreted to mean that
there is an obligation on the part of the institute to maintain faithfully
each and every specific institutional embodiment of apostolic works
proper to it. C 616 makes that clear. It addresses rather the continuing
inclusion within its foundational or traditional patrimony of certain kinds
of enterprises as corporate apostolates. Attention to employing new and
apt means may very well indicate that this or that institutional commit-
ment should be abandoned in order to take up more needed and more
effective efforts.

§2

§2 addresses a special relationship which exists between some religious

institutes and associations of the faithful who are not themselves religious,
which provide their members the opportunity of living more intense
spiritual lives molded by the spirituality characteristic of the religious
institutes. The third orders affiliated with the mendicant orders are ex-
amples of such associations and there are many others as well. 19 It is an
important aspect of the apostolic outreach of the religious communities
to provide formation and spiritual direction in their own spirituality for
these associations, not only for the benefit of their members but also to
extend their own apostolic effectiveness through the members of the
associations to the society in which they live and work. This paragraph
pertains to the purpose of this canon because this concern for related
associations is a traditional dimension of the apostolate of these religious
20
institutes which the Church values and wishes to nurture.

C 678

§1. Religious are subject to the authority of bishops, whom they are obliged
to follow with devoted humility and respect, in those matters which involve the
care of souls, the public exercise of divine worship and other works of the
apostolate.

§2. In exercisingan external apostolate, religious are also subject to their own
superiors and must remain faithful to the discipline of the institute, which obliga-
tion bishops themselves should not fail to insist upon in cases which warrant it.

§3. In organizing the works of the apostolate of religious, it is necessary that

diocesan bishops and religious superiors proceed after consultation with each
other.

With this canon the chapter turns away from what might be called the
Church
internal concerns of apostolic institutes to their relationship to the
 .

206 / RICHARD A. HILL, S.J.

as a whole. It treats of the dual ecclesial authority involved when

members of these institutesengage in the apostolic undertakings of the
Church, the bishops, and the religious superiors, concluding with the
relationship which should exist between bishops and superiors. It is con-
21
ciliar in origin and is best understood in light of the Council's position
regarding the preeminent role of the bishop in the diocese, especially in
coordinating all apostolic initiatives with a view to unity and
effectiveness.

§1

§1 derives substantially from CD 35.4, the obligation of religious to

show deference and respect for bishops occurring in 35.1. 22 The care of
souls (cur a animarum) is a classic canonical expression, describing in a
general way the parochial office, that is, the multiple ways in which the
pastor and those who assist him minister to the community of the Chris-
tian faithful, which is a parish. 23 This is the pastoral care spoken of
throughout the norms for parishes, pastors, and parochial vicars
(CC 515-552), which is also ascribed to certain kinds of chaplains
(CC 564-572) 24 The expression care of souls is not technically applied
to persons other than priests, although deacons and lay persons can par-
ticipate in its exercise, 25 and it is not used of the spiritual and temporal
works of mercy. Schools, hospitals, centers of social apostolate, etc. are
not included in this concept.
The public exercise of divine worship requires some explanation.
Divine worship will include, but reach beyond, strictly liturgical wor-
ship to embrace what is commonly called paraliturgical worship.
Liturgical worship, including the celebration of the sacraments, funerals,
the liturgy of the hours, blessings, religious profession, is of its nature
an action of Christ and his Church regardless of the circumstances in
which it is carried out. For this reason the Council states that "liturgical
actions are not private actions." 26 This paragraph deliberately employs
the much broader concept of divine worship.
It also implicitly distinguishes between the public exercise of wor-

ship and the non-public or private exercise of worship. Of its nature

private, individual, or small-group worship does not pertain to the ex-
ternal forum of Church governance and for this reason is not said to be
subject to the power of the bishops. To the extent, however, to which
worship involves many people, is open indiscriminately to all, or is known
by many, it is public and is the object of regulation and supervision by
the bishops, either individually or through their conferences.
 The Apostolate of Institutes / 207

While it is clear that strictly liturgical celebrations, such as the celebra-

tion of the sacraments, fall under the authority of the bishops if they are
carried out in a public manner, questions can be raised regarding wor-
ship which is not technically liturgical, for example, a penance service
which does not include the celebration of the sacrament, a wake service,
or the recitation of a modified liturgy of the hours apart from the
canonical choral celebration. In such cases, provided that they are public,
the authority of the bishop would not extend beyond a requirement that
the celebration conform to Catholic teaching and be reverently carried
out.
What has just been said implicitly includes the private, i.e., non-
public, celebration of the liturgy itself, and this too requires further ex-
planation. The bishops, especially the conferences of bishops, have an
important role to play in the actual design of the liturgy and the con-
ferences have been especially active in this regard during the past fifteen
years and can be in the future. Individual bishops have little practical
discretion in actually shaping the liturgical rites themselves; their prin-
cipal function is to promote good liturgy in their dioceses and to super-
vise its celebration. Religious, like all other Christian faithful, are
obligated to celebrate the liturgy in conformity with its laws, whether
they be universal, regional (national), or local. This obligation exists on
the part of all regardless of whether the celebration is actually public
or private or is, in the case of the celebration of the Eucharist, completely
individual with no other person present. In this sense every celebration
of the liturgy is subject to the authority of the bishops, but only in this
sense.
A bishop, however, has no way of exercising his authority when the
celebration of divine worship, even of liturgical worship, is in fact private
without violating the legitimate autonomy and privacy of a religious
community, 27 since this would of necessity imply an unwarranted intru-
sion into its internal governance.
The expression "other works of the apostolate" is deliberately general
and avoids the unsatisfactory, because incomplete, listing of specific kinds
of apostolic works found in CD 35.4. Any external enterprise undertaken
by a religious institute which is directed to building up the Body of Christ
is subject to the authority of the bishops. This authority is limited with

respect to elementary and secondary schools established and directed by

religious (those which are said to be proper to them) as well as with respect
28
to Catholic colleges.
208 / RICHARD A. HILL, S.J.

§2
§2 turns to the authority which religious superiors possess with respect
to apostolic works undertaken by their institute. These are said to be ex-
ternal in the sense that they reach out to persons who are not members
of the institute The law does not wish to deny that there exists an
itself.

internal missionwhich is truly apostolic, for example, formation of

younger members, care of the infirm and aged, governance, and the like.
Indeed, bearing in mind the apostolic fruitfulness of contemplative
religious (C 674), they are said to exercise a very important apostolate
which would not normally be characterized as truly external.
The text is derived, with some modifications, from CD 35.2. Religious
who engage in an apostolic enterprise are not by that fact or to that ex-
tent freed from the obligation arising from the vow of obedience to their
superiors and their general obligation to observe the discipline and rules
of their own institute. The authority of superiors in this case mainly, but
not exclusively, looks to the specifically religious well-being of the
members who have been missioned by them for a specific apostolic com-
mitment. Superiors, as well as bishops, should do what they can to see
to it that the enterprise is successful.
Tensions can obviously arise from this dual authority, which should
not be allowed to result in the need to choose one over the other. Apostolic
life is not to stifle religious life because it pertains to the very nature of
an apostolic For example, a religious institute or a province
institute.
or a local community will usually have and should have policies or
covenants regarding communal prayer, meals and recreation. These
should be observed and harmonized with the requirements of the specific
work and the work itself should be, to the extent possible, structured with
a view to such important religious practices. The demands of directing
and staffing a good Catholic school will differ notably from those of a
parish or retreat center, none of which should be permitted to harm
religious life itself.
The concluding statement of §2 is itself derived from the Council. 29

It is useful because it exhorts bishops to be aware of and sensitive to the

special needs of religious life and to insist upon them, not in an intrusive
manner, but when the situation warrants it. This safeguards the appro-
autonomy of C 586 and is notably parallel to §2 of that
priate internal
canon.

§3
The authority of the bishop, which principally concerns the apostolic
enterprise itself, and that of the religious superior, which mainly looks
 The Apostolate of Institutes / 209

to the personal and community welfare of the religious who carry on

the apostolate, obviously require that their respective functions be har-
moniously coordinated. §3 calls for this. Its conciliar source is CD 35.5,
and MR treats at length and in a constructive way the appropriate in-
teraction of bishopsand religious. It may be noted that C 681, §1 speaks
of thismutual consultation as a right of the religious superiors by refer-
ring to C 678, §2 and §3.
The regular and structured consultation of bishops and superiors can
and sometimes does create a special burden for major superiors. It is
understandable that bishops will want to dialogue with those superiors
who are ultimately responsible for the placement of personnel and for
the expenditure of funds. For major superiors, especially those whose
religious are missioned in many dioceses, such regularly scheduled con-
sultation with the various bishops can be very time-consuming. Some
kind of joint gatherings in such cases will probably have to be devised
in which all the major superiors can meet with the bishop or in which
several diocesan bishops can meet with these superiors. 59 speaks MR
about a similar structure but clearly has in mind mainly local superiors;
it acknowledges the need for relationships and negotiations between in-

dividual bishops and individual communities, which usually entail the

direct involvement of the appropriate major superior.

C 679

When a most serious reason demands it a diocesan bishop can prohibit a

member of a religious institute from living in his diocese; if the major superior
of that religious has been advised and neglects to act, the matter is to be referred
to the Holy See immediately.

At least in its present form canon is new and was found neither in
this
the 1917 Code nor in the
first draft on institutes of consecrated life; there

is no conciliar source for it. This matter undoubtedly arose in response

to the consultations on the first draft. It first appeared in the 1980 draft
as C 521, §4, which is now C 593. After this draft had been circulated
to the members of the revision commission in preparation for the final
plenary meeting in October 1981, the report (relatio) of written amend-
ments proposed by members relocated this paragraph, now as a distinct
canon, to its present position. It is not clearly germane to the subject
of the present chapter.
The norm refers to a situation in which a religious has placed an ac-
tion which the bishop judges to be a most serious offense (gravissima
causa), warranting immediate remedy. While it is not possible to iden-
tify a specific action of this nature, because there will always exist some
210 / RICHARD A. HILL, S.J.

relativity,such a most serious cause might be a published statement di-

rectly contradicting the teaching of the magisterium on abortion or
publicly impugning the character or motives of someone in a serious mat-
ter, might be a public indecent or criminal act. In some cases such
or it

would be constituted by repeated acts over a suffi-

a most serious offense
cient period of time and joined with clear warnings about the
consequences.
It does not suffice, however, that the action be simply most serious.
The bishop cannot act on his own authority unless he has notified the
appropriate religious superior of his intention to expel the religious from
his diocese if the superior does not take effective action. The canon does
not specify what action the superior should take, but clearly would
it

haveto be such that the harm done, e.g., scandal, loss of reputation,
would thereby be adequately compensated for or remedied. The bishop
is the judge of this.

Only in the event that the superior fails to act in a reasonable period
of time and in an adequate manner may the bishop formally prohibit
the religious from continued residence in the diocese. In this event he
must immediately notify the Holy See of his judgment about the extreme
gravity of what has occurred, his notification and warning communicated
to the religious superior, the failure of the superior to respond adequately,
and his order to leave the diocese communicated to the religious.
In the case of a religious priest, he could revoke the faculty to hear
confessions in his diocese (C 974) and could impose ecclesiastical sanc-
tions on any religious if the offense occurred in a matter in which religious
are subject to the authority of the diocesan bishop (C 1320), but only
by observing the process prescribed for imposing ecclesiastical penalties
(CC 1341-1353).
C 680
Among the various between them and the secular clergy,
institutes and also
all apostolic works and activities,
orderly cooperation as well as a coordination of
under the direction of the diocesan bishop, with due regard for the character
and purpose of individual institutes and the laws of the foundation, is to be
promoted.

The conciliar source for this canon is CD

35.5, although the role of the
bishop as ultimately responsible for the coordination of all apostolic works
in the diocese is thematic throughout the council documents, especially
in CD 17. MR, especially in 36-43 and 52-59, addresses this subject in
considerable detail.
This canon establishes the principle underlying the final three canons
of this chapter. Two issues are addressed: first, orderly cooperation among
 The Apostolate of Institutes / 211

religious institutes themselves and between them and the diocesan clergy;
second, coordination of all works and activities in the diocese
apostolic
under the direction of the bishop. Cooperation is contrasted to rivalry
or to indifference, either of which is ultimately destructive in the
apostolate of the Church. It implies mutual understanding and respect
which alone will make effective coordination of efforts possible. Diocesan
councils of religious can be very helpful in creating the climate of coopera-
tion, although if they always segregate men and women religious or cleri-
cal and lay religious, whether men or women, from each other, they will
be than they could be.
less effective

Elsewhere in the Code provision is made for representation of religious

priestson the presbyteral council or senate of priests (C 498) and for
representation of religious women and men in the diocesan synod (C 463)
and on the diocesan pastoral council (C 512). In these ways, as well as
in many others which may be established, e.g., diocesan boards and com-
missions, a structured cooperation can be nurtured and the bishop can
be effectively assisted in fulfilling his responsibility as chief coordinator
of the apostolate.

C 681
§1. Works which are entrusted to religious by the diocesan bishop are subject
to the authority and direction of this same bishop, with due regard for the right
of religious superiors according to the norm of can. 678, §§2 and 3.

§2. In these cases a written agreement is to be drawn up between the diocesan

bishop and the competent superior of the institute, which, among other things,
and accurately defines what pertains to the work
expressly to be carried out,
the members to be devoted to this, and economic matters.

§i
As has been noted in the commentary on C 677, §1, apostolic works are
distinguished as those belonging to the patrimony of each religious insti-
tute and called proper to it and those entrusted to religious by an eccle-
siastical authority. In this canon there is question of the latter and
specifically of works entrusted or committed to religious by a diocesan
bishop, even when the work is of a kind which is also proper to the in-
stitute. In no event can it be contrary to its nature or character. In this

case, as has been noted, the authority of the bishop extends to every aspect
of the work in question, for example, a diocesan or parochial school, a
diocesan retreat center or house of prayer, and most obviously a parish.

§2
§2 repeats ES 30.1 virtually verbatim. This contract or agreement is of
the utmost importance and should never be neglected. Like ES, this
212 / RICHARD A. HILL, S.J.

paragraph requires that the contract, which must always be signed by

the appropriate persons representing the diocese and the religious com-
munity, must deal with at least three subjects: a description of the work
and how it is to be carried out, personnel issues, and financial arrange-
ments. These should be as detailed as is seen to be necessary by either
party to forestall, to the extent that this is ever possible, future misunder-
standings and disputes.
It should be noted that the paragraph uses the expression "among
other things" (inter alia). This is not accidental. Broadly understanding

the three indicated areas which such a contract should attend to, it is

difficult toimagine what such other matters might be. The phrase,
however, serves to alert the parties to the agreement that the list given
in the canon may not be taxative or exhaustive, that there may be other,
somewhat tangential or unique issues which should be included in its
terms.
The mission and goals of the work in question should be clearly stated
and the lines of authority and responsibility expressly agreed upon. Ac-
countability always important, as are evaluation and planning. Any
is

special conditions or circumstances should be found in the signed text.

Personnel issues are probably the most difficult to cover adequately,
but they usually are the issues which occasion the most difficult and
serious disagreements. The qualifications and the number of religious
to be assigned to the enterprise, their rights and duties, hours of service,
holidays, vacations, and periods of retreat should be spelled out. Any
obligatory or expected service to the parish or diocese or to the institute
over and above the normal duties of the apostolic work itself should be
adequately indicated. Most important, this contract must detail the proc-
ess of appointment and promotion, as well as the causes and process of
dismissal.
Finally, financial arrangements should include, in addition to salary
or equivalent, housing or housing allowance, travel and transporta-
its

tion,equipment and furnishings, health and retirement benefits, and con-

tinuing education and sabbatical provisions, whenever appropriate. It
should be made clear to whom and at what intervals such compensation
will be made.
Commonly there exist standardized contracts, the result of long ex-
perience, especially for various well-established apostolic works, such as
schools and parishes, but this should not inhibit the institute from insist-
ing upon added details which it perceives as needed or useful. If the
apostolic project is new or untested, such as a counseling service for bat-
tered women, a peace institute, a community organizing team, a refugee
 The Apostolate of Institutes / 213

center, a free clinic, and the like, the contract should be drawn to fit
what is in fact anticipated and be easily reviewed and amended in the
light of experience.
Such a contract should not be entered into in perpetuity, but should
be subject to periodic review, providing for the right of either party to
terminate it for stated causes and with timely notice. What needs to be
stressed here is the importance of a properly drawn contract. Contracts
belong to the arena of justice, a forum of clearly defined rights and obliga-
tions. When justice has been served, however difficult the process, har-
mony and cooperation can best be assured.
Itworthy of note that there is not here a question of contracts be-
is

tween and individual religious. What is dealt

ecclesiastical institutions
with here is a contract between two ecclesiastical juridic persons, a diocese
(or a parish) and a religious institute as such, each represented by a per-
son who legally speaks for the juridic person. 30 This is not to imply that
contracts between institutions and individual religious are seen as im-
proper; sometimes they are necessary. The law is simply silent on this
point. It is not silent, however, about the conferral of an ecclesiastical
office upon an individual religious, which is the burden of the next canon.

C 682

§1. If there is a question of conferring an ecclesiastical office in the diocese

upon a certain religious, the religious is appointed by the diocesan bishop, follow-
ing presentation by or at least assent of the competent superior.

§2. A religious can be removed from the office entrusted to him or her either
at the discretion of the authority who entrusted it, after having notified the
religious superior, or at the discretion of the superior, having notified the author-
ity; and neither requires the consent of the other.

This canon addresses the conferral of an ecclesiastical office upon an in-

dividual religious, a matter altogether distinct from the corporate com-
mitment of an apostolic work to an institute as such. This is the only
C 679 (which may be misplaced
place in chapter V, with the exception of
by way of a compromise) where a canon directly concerns an individual
religious.
Ecclesiastical office is the subject of a lengthy title of Book I,

CC 145-196, and is not appropriately treated here in any but a sum-

mary manner. Certain points have to be attended to, however, in order
to understand adequately what is at issue in this canon. Until the coun-
cil the expression "ecclesiastical office" was used both in a broad sense

and in a strict sense. Office in the broad sense meant any function or
role (munus) legitimately performed for a spiritual purpose. In the strict
214 / RICHARD A. HILL, S.J.

sense, however, office was any function or role, established by law and
conferred in a stable manner, which carried with it some degree of par-
ticipation in ecclesiastical power whether of orders or of jurisdiction. By
the law itself ecclesiastical office was always to be understood in the strict
sense unless the context required otherwise. 31 Since only a cleric could
hold an office in the strict sense, because only a cleric could participate
in the power of orders or of jurisdiction, ecclesiastical office was treated
in Book II of CIC under the general rubric of clergy.
The Council changed this by deciding that "from now on [an eccle-
siastical] office should be understood as any function (munus) which has
been conferred with stability for a spiritual purpose," 32 i.e., in the broad
sense of CIC, omitting any reference to the power of orders or of jurisdic-
tion. There is now only one sense of the expression "ecclesiastical office,"
and the subject was transferred to Book I, General Norms. Lay persons
can and do hold ecclesiastical offices, although some such offices, e.g.,
pastor, vicar general, and others, can be conferred only on priests.

§i

§ 1 regulates the conferral of office upon a religious and is taken almost

verbatim from ES I 31-32, although it omits what is found there about

the need for a written agreement or employment contract. This is a very
significant omission and will be discussed below in the context of removal
from office.
Presentation is one of the four ways in which an ecclesiastical office

can be conferred, but here there is only a question of presentation in a

broad sense. 33 This is the normal and more appropriate way, for example,
in which the pastor of a parish, which itself has been confided to a
religious province, is appointed. The major superior indicates or
nominates the priest whom he recommends be appointed pastor and the
bishop, if he finds the candidate suited, makes the appointment. The
same procedure should be followed in presenting a religious for any office.
Frequently enough, however, a particular religious will be known
by the bishop or have come to his attention as a candidate for an ecclesi-
astical office, e.g., superintendent of schools, judicial vicar (officialis),
director of religious education, episcopal vicar for the Spanish-speaking.
While he may request the assignment of this religious to his curia, he
cannot appoint him or her without the consent of the major superior.

§2
Presumably the reasons for removal from office would be given in the
notification, but there is no canonical requirement of justification, much
 The Apostolate of Institutes / 215

less proof, of the reasons. The canonical principle operative here is found
in C193, §3, according to which a person can be removed from office
for a just cause provided the office had been conferred "at the prudent
discretion of the competent authority." Here the canon states that the
religious can be removed "at the discretion (ad nutum)" of the bishop
or of the religious superior —
an even stronger formula. This constitutes
an important departure from ES I 32, which required that there exist
a grave or serious cause for this removal.
Evidentiy, especially given the relationship of cooperation and mutual
trustwhich is expected to exist between religious superiors and bishops,
the sudden removal of a religious by either authority should not occur
except in the most unusual circumstances, e.g., serious misconduct or
scandal or overriding need elsewhere, and removal by either without ex-
planation of the reasons should be even more rare. Extraordinary cir-
cumstances, nevertheless, can and sometimes do occur. For example, a
religious who is the diocesan superintendent of schools is elected superior
general or is appointed superior of a seriously troubled house in a dis-
tant diocese.
Can there be
a contract of employment which specifies a term of of-
ficeand the causes and procedures of termination prior to the expiration
of that term, which would prevent sudden or summary removal of a
religious from a diocesan office? A bishop, as well as a major superior,
could limit the discretion granted to them by this paragraph. Some con-
sequences, however, should be noted.
bishop nor the major superior can bind his or her
First, neither the
successor in office beyond the provisions of the law. If such an employ-
ment contract were to exist, it would have to be renewed or renegotiated
by the successors of the bishop and of the religious superior. Second, the
contract in question is not between the diocese and the religious office-
holder, but between the diocese and the institute, because it is the major
superior who is accepting a limitation on his or her freedom to act in
the future. Third, both the religious who is being appointed and the major
superior would have to realize that the passive voice of the religious is
being curtailed and this would require at least the approval of the superior
general, since this actually restricts the freedom of the general chapter
to elect members of the institute to internal offices such as superior general
or general counselors. If the province chapter, moreover, has the power
to elect its superiors and counselors, the same restraint would apply. In-
deed, these limitations on chapters would probably be unconstitutional
without prior approval by them. The same limitation would arise with
respect to the appointment of a religious to an internal office of the in-
216 / RICHARD A. HILL, S.J.

stitute and with respect to the freedom of the major superior to appoint
a religious to an apostolic work of the institute.
Hence, it would seem at least problematic that a contract of employ-
ment would in fact provide the security of tenure which appears to many
to be desirable for the diocese, the religious officeholder, and the religious
community, unless it could be written in such a way that the foregoing
difficulties would be obviated.
Nothing is said in the Code about the appointment of religious to posi-
tions other than diocesan offices, e.g., within a parish. There are two
ways of looking at this situation. One is to say that the diocesan officials
and pastors are in fact acting as the agents of the diocese in making such
appointments and that what is said in the canon is applicable to its agents.
Another is to say that there is a lacuna in the law which calls for the
application of parallel canonical provisions and this canon would cer-
tainly be the parallel. The result is the same in either explanation. The
pastor for example, in appointing a religious as director of religious educa-
tion for the parish has the same rights and obligations as are established
in this canon with respect to the bishop.
C 683
§1. At the time of the pastoral visitation and also in case of necessity the
diocesan bishop, either in person or through someone else, can make a visitation
of the churches of religious or of their oratories, which the Christian faithful
habitually attend, schools and other works of religion or charity, whether tem-
poral or spiritual, entrusted to religious; however he may not visit schools which
are open only to students belonging to the institute.

§2. But if by chance he discovers abuses and has advised the religious superior
in vain, he himself can provide for it on his own authority.

This is the concluding canon of chapter V and concerns the episcopal

visitation of institutions in the hands of religious, whether their own
proper works or works entrusted to them by the diocesan bishop. 34 There
is question here of a formal visitation made by the bishop or his agent,

e.g., the superintendent of schools, the vicar for the social apostolate,
in order to familiarize himself with the apostolic enterprises in his diocese
and to evaluate them precisely as elements of the diocesan apostolate in
general, which he is supposed to promote and supervise. 35 Visitation is
an important means of supervision. Two distinct kinds of visitation are
mentioned, the ordinary, at least quinquennial, pastoral visitation of the
entire diocese 36 or an extraordinary visitation occasioned by serious con-
cern aroused by reports reaching the bishop from usually reliable sources.
 The Apostolate of Institutes / 217

There are three categories mentioned: the churches and chapels of

and other apostolic works. In North America there are
religious, schools,
very few churches in the strict sense 37 which belong to religious and are
not parish churches. The oratories or chapels (oratorio) 38 of religious are
distinguished as those which are habitually used by the Christian faithful
in general and implicitly as those chapels not so used. Chapels which
are habitually open to anyone who wishes to come there for divine wor-
39
ship are, like churches and the now-suppressed public oratories, looked
upon as places for exercising divine worship in a public manner and are
40
subject to the bishop's supervision. As such the bishop can, although
he is not obliged to, make an official visitation.
The scope of such a visitation is not limited in any way. It may in-
clude inspection of the physical plant and of the arrangement of fur-
nishings for the liturgy; examination of the security of the building, of
the tabernacle and of places where sacred objects are stored; observa-
tion of the liturgical celebrations themselves; interviews with staff and
others.
The bishop, however, does not have the right to conduct a formal
visitation of the chapels of religious to which the faithful do not have
habitual access, even if they do come there for a special occasion or if

a few people regularly assist at the liturgy there. The reason for this is

that would imply an unwarranted intrusion upon the legitimate privacy

it

of the religious community. 41 Superiors are to be presumed to be con-

scientious about seeing to it that their chapels are properly arranged and
maintained and that the liturgy is correctly celebrated there.
Schools are a special kind of apostolic work and are addressed at some
length in Book III, CC 796-806, because they are a unique instrument
of the teaching office of the Church. In general, it can be said here that
schools, like other apostolic works, are distinguished as those which per-
tain to the institute, in the sense that they have been established and are
operated by them (usually called private schools in the United States),
and those which belong to the diocese or parish and are merely staffed
by religious. In the latter case the right of the bishop to conduct a for-
mal visitation is unlimited. In the case of the former kind of schools, the
right of the bishop to make a visitation is secured by the present canon,
but its scope is somewhat limited. The bishop has the right to establish
general policies for Catholic schools (C 806, §1), to supervise religious
all

formation and education imparted in schools (C 804, §1), to approve

the appointment of those who are to teach religion and to require their
removal if he judges this necessary for reasons of religion or morals
(C 805), but the right of the religious to direct or manage these schools
218 / RICHARD A. HILL, S.J.

remains intact (C 806, §1). Excluded from such a visitation are schools
open only to members of the religious institute, e.g., juniorates,
seminaries, and the like.
With respect to the other apostolic works, here called works of religion
or charity, the scope of an episcopal visitation is not qualified.
§2 extends what ES I 38 says about places of worship to schools and
other apostolic works. If in the course of the visitation abuses come to
light the bishop is to notify the appropriate religious superior and re-
quire that the situation be corrected. Only if this action proves ineffec-
tivecan he take remedial action on his own authority. There is no men-
tion made of his having to notify the Holy See at all, as in the case of
C 679.
The abuses which are considered here have to be related to the
apostolic work as apostolic, i.e., related to the mission of the Church
They have to concern actions or lack of action which are truly and
itself.

certainly harmful and which are not trivial or the subject of legitimate
differences of informed opinion. This has to be the case especially with
regard to schools founded and operated by religious with the approval
and with regard to litur-
of the diocesan bishop or one of his predecessors
Otherwise the long-term cooperation and mutual trust be-
gical matters.
tween the diocese and religious communities will be seriously eroded.

NOTES
1 . Much of the subject matter of this chapter can be found, although in significantly
different contexts, in CIC 497, §2; 512, §2, 2°; 608; 615; 617.
2. AA 2. Cf. PC 8, CD 35, AG 40.
3. Cf. AA 3, PO 2, LG 44.
4. C 230, §1. Cf. Paul VI, Motu proprio, Ministeria quaedam, August 15, 1972. AAS
64 (1972) 529-34.
5. C 230, §3. Cf. CC 766, 861, §2; 910, §2.
6. Cf. CC 665, §1; 671; 682.
7. The two conciliar documents which underlie chapter V are PC, esp. 7, 8, 10, and
20, and CD 35. The most important post-conciliar sources are ES I 22-40 and MR, passim.
8. Cf. LG 31, 39, 44; AG 18; ET, passim.
9. PC 7; VS III.

Although she would never have employed the word "apostolate," St. Teresa of
10.
Avila, Doctor of the Church, considered herself to be an effective sharer by her prayers
and penance in the work of preachers and theologians engaged in the effort to recall Prot-
estants to orthodox Catholic teaching (Life, ch. XXXII; Spiritual Relations, III; Way of
 The Apostolate of Institutes / 219

Perfection, chs. I-III, in Complete Works, trans, and ed. E. Allison Peers. London: Sheed
and Ward, 1946). Similarly St. Therese of Lisieux, co-patron of the missions, who en-
gaged in a voluminous correspondence with missionaries, described herself as their part-
ner by her prayers (Collected Letters, ed. Abbe Combes, trans. F. J. Sheed. New York:
Sheed and Ward, 1949, 291-92, 352-54).
11. PC 9. Such institutes, sometimes improperly called semi-cloistered, have traditionally

minimized their direct contact with people in general and have limited their apostolic
enterprises to those which they could engage in within their own houses, e.g., schools,
retreat houses, hostels.
12. Cf. CD 17, 33-35; ES I 22-40; AA 23-24.
13. AA 23; MR 9 (a).

14. Cf. C 394, §1 and MR ch. II.

15. C611,2°.Itis evident that any limitations upon the scope of apostolic enterprises
of the institute accepted by it at the time of the canonical erection of a house must be
respected. This, however, underscores the caution and foresight which superiors should
exercise in agreeing to limitations which in the future may hamper the apostolic flexibil-
ity and effectiveness of the community.

16. C 612.
17. A medieval expression which became traditional in ecclesiastical language, the "cor-
poral works" of mercy were derived from Matt 25:35-36 with the addition of burying
the dead from Tob 12:12. The "spiritual works" of mercy were traditionally listed as con-
verting sinners, instructing the ignorant, counseling the doubtful, consoling the afflicted,
bearing wrongs patiently, forgiving injuries and praying for the living and the dead. In
brief, any ministry to the needs of others.
18. Cf. C 681.
19. Associations of the Christian faithful are the subject of CC 298-329. C 303 makes
clear the obligation of a religious institute with respect to any lay association organically
related to it.

20. Cf. C 303.

21. Cf. CD 35.1, .2 and .4.

22. Cf. LG 45.

23. Cf. CC 515, §1; 519; 528-530.
24. The English word "curate," derives from this expression, as does the French cure.
The classic English phrase "cure of souls" is still in use among Anglicans.
25. Cf. C 517, §2.
26. SC 26, which is incorporated into the Code as C 837, §1.
27. Cf. C 586, §1.
28. Cf. CC 806, §1; 810; 812.
29. CD 35.2.
30. Juridic persons are addressed in CC 113-123.
31. CIC 145.
32. PO 20. Cf. LG 33 and 37.
33. Cf. CC 158-163.
34. There is a serious difficulty with the text, and therefore with the meaning, of §1,
specifically with the phrase "committed to religious" (religiosis commissa). The source of
this canon is ES I 38 and 39.2, where the right of the local Ordinary to make a formal

visitation of the churches of religious, even the exempt, and their semi-public oratories
(chapels), which the faithful ordinarily frequent, is explicitly affirmed in 38, while 39.2
affirms his right to make such a visitation "of all schools, colleges, chapels, recreation centers,
220 / RICHARD A. HILL, S.J.

protectorates, hospitals, orphanages and other similar institutions of religious institutes

devoted to works of religion or to the temporal or spiritual works of charity, except those
schools of an institute which are open exclusively to the institute's own students."
No mention was made in the first draft on institutes of consecrated life.
of this
C 609, §1 of the 1980 draft, however, was identical with the text of the present paragraph
with one important change. The draft retained the language of ES, while eliminating the
rather long list of specific kinds of apostolic works other than schools, and spoke of them
as "the churches, chapels, schools and other works of religious (religiosorum)." No change
was then introduced by the 1981 relatio or by the final plenary session of the revision com-
mission itself. The change, which appears in the promulgated text of §1, occurred after
the commission approved the final draft of the Code.
As has been noted the apostolic works of religious are consistendy distinguished as those
proper to their institutes and those committed to religious by some ecclesiastical author-
ity. There is a corresponding difference of relationship to the diocesan bishop, as has been
noted in the commentary on CC 677, §1 and 681. A credible case can be made that the
final wording of C 683, §1 intentionally introduces a sweeping and substantive change
from ES and the draft of the Code unanimously approved by the revision commission by
restricting the institutions which are subject to formal episcopal visitation to those which
have been entrusted or committed to religious.
It is difficult to reconcile this interpretation with the evident effort to retain in the
codification the provisions of ES, with some amendments, and of the final draft, with
the tenor of the present chapter and especially regarding schools with the explicit provi-
sion of C 806, §1. There appears rather to have been an infelicitous and probably precipitate
amendment of the canon as drafted.
35. Cf. C 394, §1.
36. Cf. C 396, §1.
37. Cf. C 1214.
38. Cf. C 1223.
39. Cf. CIC 1188, §2, 1°.
40. Cf. supra, C 678, §1.
41. Cf. CC 586 and 608 and supra, C 678, §1.
Separation of Members
from the Institute
Canons 684-709

Elizabeth McDonough, O.P.

INTRODUCTION
Following logically in the sequence of other titles of the canons on con-
secrated life are the canons on separation from the institute. These in-
clude (1) transfer, CC 684-685, (2) departure, CC 686-693, and
(3) dismissal, CC 694-704. The first two categories are often referred
to as "voluntary" separation and the third as "involuntary" separation
from which the separation action is in-
to indicate generally the source
These divisions are not mutually exclusive, however, since the
itiated.
"imposed exclaustration" of C 686, §3 and the "exclusion" from subse-
quent profession of C 689, §1 and §2, are not exactly "voluntary" on
the part of the member or members involved. In addition, the "read-
mittance" of C
690 and the "expulsion from the religious house" of C
703 do not constitute separation from the institute as such.
Since in consecrated life a commitment is made to God by vow or

other sacred bond through the mediation of institutes legitimately

established in the Church, the possibilities of changing the locus of one's
commitment (i.e., transfer) or of seeking legitimate dispensation from
the consequences legally recognized by the Church as the result of this
commitment (i.e., departure) or, when necessitated for the sake of the
individual or common good temporary (i.e., ex-
of the institute, the
claustration) or permanent (i.e., dismissal) alteration of status with
respect to the institute must be acknowledged and properly provided for
in the law. Most of these canons deal with procedural law and some touch

upon the matter of sanctions. As such, the processes indicated in these

canons may not be dispensed, and those concerning sanctions must be
strictly interpreted as required by the Code itself in CC 87 and 18,

respectively.

221
 —

222 / ELIZABETH MCDONOUGH, O.P.

For facility in dealing with the material contained in these canons

even though the Code does not divide them in these categories the —
following commentary on the separation canons uses the topical divi-
sion of: transfer (CC 684-685), exclaustration (CC 686-687), legitimate
departure prior to perpetual profession and readmittance after profes-
sion (CC 688-690), voluntary departure for those in perpetual profes-
sion (CC 691-693), and dismissal (CC 694-704). Also for facility of treat-
ment, each of these divisions is subdivided to outline the notions and
history of the concept, to analyze the specific canons, to indicate major
differences between the 1917 and 1983 Codes, to outline procedures
(where applicable), and to raise common actual and anticipated ques-
tions regarding the canons in each division. Wherever necessary terms
are defined or the reader is referred to other portions of the commentary
which deal more specifically with matters related to these canons. It is
especially important to note that this material is in no way intended to
substitute for sound, on-going, expert advice of qualified persons when
matters concerned in these canons do arise in particular institutes. These
comments are merely intended as an informational guide for members
of institutes to initially identify fundamental rights, obligations, and pro-
cedures in the title on separation.

TRANSFER: NOTION AND HISTORY

Transfer consists in simultaneous departure from and entrance into an

institute of consecrated life legitimately established by ecclesiastical
authority and following the general and proper law that is pertinent.
In the early centuries of monastic life, there were no restrictions placed
on such movement. Eventually, in order to safeguard stability and to
avoid transfers made merely from fickleness on the part of the individ-
ual or with a desire to escape the obligations already undertaken, a juridic
bond between the member and the institute was recognized and transfers
were restricted on the bases of motivation, of types of institutes involved,
and of the authority competent to grant them. By the Middle Ages
transfers to groups of less strict observance or those requested without
serious cause were generally denied. In order to curtail numerous transfers
and the concomitant wanderings of those in transit, Trent imposed cer-
tain ecclesiastical disqualifications on those who had transferred for any
reason, and by the eighteenth century the Holy See reserved most transfers
to itself in a further attempt to curtail the practice. The 1917 Code
generally incorporated the legislation and practice flourishing at the turn
of the twentieth century.
 Separation of Members from the Institute / 223

After Vatican II the number of transfers increased sharply as the

response or non-response of religious institutes to the call for renewal
made it more or less difficult for religious who sincerely wished to re-

main such to live out their commitment in the communities in which

they had made profession. Consequently the prayerful and sincere desire
to transfer to another institute accompanied by sufficiently serious reasons
and fulfilling the requirements of universal and proper law has become
a more common phenomenon in the last two decades.
1

TRANSFER: CC 684 AND 685

C 684

§1. A member in perpetual vows cannot transfer from one religious institute
to another without the permission of the supreme moderator of each institute
given with the consent of their respective councils.

§2. After completing a probationary period which is to last at least three years,
the member can be admitted to perpetual profession in the new institute.
However, if the member refuses to make this profession or is not admitted to
making it by competent superiors, the member is to return to the former institute,
unless an indult of secularization has been obtained.
For a religious to transfer from an autonomous monastery to another of
§3.
the same institute or federation or confederation, it is required and is sufficient
to have the consent of the major superior of both monasteries and the chapter
of the receiving monastery, with due regard for the other requirements deter-
mined in proper law; a new profession is not required.
§4. Proper law is to determine the time and mode of probation which is to
precede the profession of a member in the new institute.
§5. For one to transfer to a secular institute or a society of apostolic life or
from them to a religious institute permission of the Holy See is required, and
its mandates are to be observed.

II

The canon concerns transfer to another religious institute for those who
are perpetually professed or otherwise definitively incorporated into a
religious institute.The canon does not deal with those in temporary pro-
fession or with transfers to or from institutes of consecrated life which
are not classified as religious institutes. 2 The canon makes clear that the
approval of each supreme moderator and the consent of each respective
council are required for validity of the act of transfer. Supreme
moderators of institutes, diocesan or pontifical, are those indicated by
their proper law. Those in charge of provinces of an institute are major
superiors but are not supreme moderators. 3
224 / ELIZABETH MCDONOUGH, O.P.

To initiate the process of transfer the member would petition both

supreme moderators in writing clearly stating his or her reasons for desir-
ing to transfer out of or into the institute concerned. A brief outline of
the process by which the person has come to his or her decision is not
required but certainly may be helpful in obtaining the desired response.
The canon gives no specification of a time limit for a response to such
a petition. It would seem appropriate that acknowledgment of the peti-

tion by the supreme moderator with an indication of when it will be

considered by the council should be communicated to the petitioner as
soon as possible. It would also seem appropriate that any reasonable re-
quests for additional information to be supplied by the petitioner be com-
plied with as soon as possible. Unreasonable delays in either acknowledg-
ing or in responding positively or negatively to the petition could, in ef-

fect, block the transfer process, as could non-response on the part of the
petitioner.
What is unreasonable delay depends in part on the organization of
the institute and the location of the persons involved if direct contact
is For acknowledgment of such a petition one month might be
desired.
quite reasonable for a small diocesan institute whereas three months might
be quite reasonable for a large international institute. What are
reasonable or unreasonable requests made by either supreme moderator
and council on the petitioner and vice versa depend in part on the nature
of the institutes involved and on the actual disposition and condition of
the petitioner. In general, requests for information concerning one's basic
physical and emotional state and curriculum vitae are not unreasonable,
but requests involving violation of personal rights or requiring manifesta-
tion of conscience are unreasonable.
Conditions on permission to transfer should not be such that they
preclude the possibility of pursuing what is sought. Although the canon
isphrased in the negative indicating transfers are viewed as the excep-
tion and not as the rule, if no action is forthcoming the matter could
be referred to the local vicar for religious for mediation if necessary or,
ultimately, to the Sacred Congregation.

The transfer process is by the mutual exchange of ap-

officially initiated
provals and consents. The time and extends
of probation begins after this
for as long as is required by the proper law of the institute, but not less
than three years computed in the standard canonical manner. A new
novitiateis not required. The member in transfer remains a religious

under vow. During the period of probation, the religious lacks active
 Separation of Members from the Institute / 225

and passive voice in both institutes because the rights in the former in-
have been suspended and he or she does not yet enjoy the rights
stitute
of those professed in the new institute.
Admission to perpetual profession following the period of probation
is by the competent superior with the vote of his or her council accord-

ing to the proper law of the institute. If the member is not admitted to
profession in the new institute he or she has the right and obligation to
return to the former institute. If the member does not wish to return
or if the former institute, although legally obliged to do so, is unwilling
to allow the member to return, he or she may seek one of the options
described below in Special Question, 6.
Any dowry or patrimony owned by the member while in the former
institute is transferred to the new institute at the time of profession in
that institute. The will which the member made in the former institute
should be returned to him or her and, likewise, the document of cession
of administration. If these were drawn up in such a manner as to be
rendered void upon leaving the original institute, then a new will and
document of cession should be drawn up at the time of profession in the
new institute. If they are still valid and require alteration, this can be
done with the permission of the competent superior of the new institute. 4
§3
Monasteries of the same institute or federation or confederation are those
which have the same rule and have some major superior at a level be-
tween that monastery and the Holy See who has some actual power over
the self-governing monastery. 5
To initiate the transfer the member should submit a request (as
described for C 684, §1) to the major superior of both monasteries. In
addition to the consent of both major superiors, the chapter of the receiv-
ing monastery must consent to accept the new member. Any additional
requirements of the proper law of both monasteries must be observed.
Since a new profession is not required by the general law, by analogy
the three-year probation period required prior to the new profession for
transfers as indicated in §2 of this canon does not apply as such. The
transfer is effected upon the receipt of the required consents. The law
of each institutemay very well, and perhaps should, indicate an appro-
priate time and manner in which the new monastery may become famil-
iar with the one requesting transfer prior to giving the required consent.
Absence from monasteries of nuns of papal cloister as treated in C 667, §3
can be granted for this purpose by the diocesan bishop according to
C 667, §4. Absence from monasteries of monks for this purpose can be
granted by their superiors and councils following the norm of proper law.
226 / ELIZABETH MCDONOUGH, O.P.

M
This canon leaves the time and manner of probation, retaining the re-
quired three years of §2 prior to the new perpetual profession, entirely
to the proper law of the institute. The time of probation should not be
unduly extended, however, since a perpetually professed member would
already have spent a minimum of a one- year novitiate and three years
temporary profession in the former institute. 6
Proper law may cover this obligation by using the duration of general
law and by specifying who is responsible for the manner of probation
in any particular transfer situation.
Although not specified in the canon, some mutual agreement regard-
ing financial maintenance of the person in the process of transfer should
be decided by the respective major superiors for the duration of proba-
tion. Any such arrangements should be in writing and duly authorized
for the protection of both groups and of the member involved.

§5
This canon restricts transfers as dealt with in § §1-4 to those between in-
stitutes that qualify as religious only. The same restriction is placed on
7
transfer in secular institutes and in societies of apostolic life. Since a
monastery is a religious institute, as such, the restriction of this canon
does not apply to transfers to or from a monastic and non-monastic
religious institute, although the period of probation and new profession
mentioned in §1 would be required in such a case.
For consistency, the procedure of §1, although not required for the
transfers of §5, could be followed with the approval of both competent
superiors and their respective councils being forwarded to the Sacred Con-
gregation. It would seem, however, that the present practice of the
originating community petitioning the Sacred Congregation for transfer,
notifying the new community upon receipt of the rescript, with subse-
quent acknowledgment of the rescript and acceptance of the transfer-
ring member for probation could also be followed.

C 685

§1. Until the religious makes profession in the new institute, while the vows
remain, the rights and obligations which the member had in the former institute
are suspended; however, the religious is obligated to observe the proper law of
the new institute from the beginning of the probationary period.
§2. By profession in the new institute the member is incorporated into it, while
the preceding vows, rights and obligations cease.
 Separation of Members from the Institute / 227

u
As mentioned under C 684, §2, the member in the process of transfer
remains a religious under vow and during the time of probation is still
a professed member of the original institute. Also as previously mentioned
their active and passive voice are lost in the former institute and, likewise,
have not yet been acquired in the new institute during the time of pro-
bation. Rights and obligations in the prior institute are suspended and
the member is required to observe the proper law of the new institute
because, obviously, he or she in the process of transfer is living as if he
or she were a member of the latter institute rather than of the former.
This mutual suspension and new obligation of observance begins when
the transfer probation time begins, either by the dual exchange of the
required consents or at the time specified therein.

§2

Profession of vows in the new due probation and ad-

institute following
mission to profession establishes a juridic bond between the member and
the new institute. The juridic bond of profession in the former institute
simultaneously ceases. Recall that a person in the process of transfer re-
mains throughout the duration of the process a religious under vow by
law and the completion of transfer merely changes the juridic bond from
one institute to another.

TRANSFER: MAJOR DIFFERENCES IN 1983 CODE

1 . The supreme moderators and respective councils are the competent

authorities for transfer from one religious institute to another, whereas
from the 1917 Code to present either the Sacred Congregation or the
diocesan bishop was competent depending on the type of institute.
2. The approval of the supreme moderators and consent of the respec-
tive councils are required for validity of transfer, whereas the opinion
of the originating instituteand the willingness to accept of the new insti-
tute was previously all that was required because the transfer itself
depended on the decision of the Holy See.
3. Only transfers between religious institutes and non-religious in-
stitutes are reserved to the competence of the Holy See, whereas before
all were.
4. The transfer to monasteries of the same order is extended in the
1983 Code to monasteries of the same institute, federation, or confedera-
tion without probation or new profession being required.
228 / ELIZABETH MCDONOUGH, O.P.

5. A period of probation as defined by the institute with a minimum

duration of three years is required for the person transferring, whereas
before a new novitiate was required.
6. The 1983 Code does not mention alteration of the type of vows
(e.g., solemn or simple) because these vow distinctions are no longer in
the general law with respect to consecrated life as such.
7. The 1983 Code does not mention directly the transfer of dowry

or patrimony or the arrangements for sustenance during time of transfer

as the 1917 Code did, which does not mean, however, that these should
be neglected.
8. The 1983 Code does not mention possible transfer of those in tem-
porary profession, whereas the 1917 Code made an indirect reference
to the possibility of such transfer by not using the adjective "perpetual"
for professed who wished to transfer and by inserting a special canon
for those perpetually professed who did transfer.

TRANSFER: BASIC PROCEDURE FOR RELIGIOUS INSTITUTE

TO RELIGIOUS INSTITUTE
1 The one desiring transfer submits a written request to both supreme
.

moderators and councils indicating the desire to and reasons for transfer.
2. With the approval of each supreme moderator and council (both

required for validity) the probation period may begin.

3. A
mutually agreeable financial arrangement between the two in-
stitutes for the duration of probation should be formulated with the ex-
pected time of probation (should it be other than the required three years)
clearly specified.
4. After probation fulfilled according to the manner specified in the
new institute, the person is admitted to perpetual profession by the com-
petent authority or returns to the original institute.
5. At profession in the new dowry and patrimony (if any)
institute the
are transferred to the institute and the person, with a new will and ces-
sion of administration being made if necessary.

TRANSFER: SPECIAL QUESTIONS

1 What if either institute requires a psychological evaluation of the per-

.

son desiring transfer as a condition for granting the request?

If the present emotional state of the person requesting transfer ob-

jectively warrants such a request it would not be unreasonable, however

the assertion of C 630, §5 forbidding superiors to induce a manifestation
 Separation of Members from the Institute / 229

of conscience on the part of their subjects would limit the right of the
originating institute somewhat in this regard. The new institute could
reasonably require of the person desiring transfer whatever testing and
certifications it requires of any person seeking admittance.
2. What if the person desiring transfer wants to live with the other
community for a period before officially initiating transfer?
The option for living outside a house of the institute as provided for
by C 665, §1 would apply in non-monastic institutes. For monks the re-
quirements of universal and proper law should be followed. This would
include use of the habitual faculty of abbots president of monastic con-
gregations to allow subjects to be absent from the house for up to one
year (Cum Admotae 15, November 6, 1964). For nuns the requirement
of universal and proper law should be followed and, if proper law makes
no provisions, the faculty of the diocesan bishop in C 667, §4 could be
used, since this is not one of the categories included in VS 7 for leaving
papal cloister but would seem to constitute a just cause for doing so.
3. What if the originating community refuses the request for transfer
and insists that the person seek exclaustration?
Objectively speaking the rights of the religious are being violated,
since transfer without exclaustration is provided for by the universal law
and should be available as legislated unless proper law provides other-
wise. The matter could be referred by mutual agreement to a board of
arbitration if one is available for the institutes concerned and if either
side becomes intransigent the matter should be referred to the Sacred
Congregation.
4. What if the person transferring is not admitted to profession in
the new institute and does not wish to or feels unable to return to the
original institute?
Since the person is obliged by law to return to the institute in which
he or she is still professed, he or she must seek an indult of departure
as required by C 684, §2. Though not mentioned in the canon it would
seem that an indult of exclaustration could also be requested following
the prescriptions of CC 686 and 687 in order to provide the person with
some time of transition prior to secularization.
5. What if the person wishes to return to the original institute, but
the institute demonstrates unwillingness to receive him or her back?
Objectively speaking the person's right to live religious life in the com-

munity of profession is being violated because the original institute has

the obligation of accepting back such persons. Subjectively speaking if

a person is not wanted in an institute, other options could be pursued

including temporary absence from the house (C 665) or another transfer
230 / ELIZABETH MCDONOUGH, O.P.

(CC 684 and 685) or exclaustration (CC 686 and 687). Ultimately refusal
to accept a member back after a period of probation in transfer amounts
to dismissal and the procedures for dismissal would have to be followed.
6. What if a member wishes to transfer from a religious institute to

the eremitical life or to consecrated virginity?

Strictly speaking transfer does not apply because neither the eremitical
life nor consecrated virginity, recognized as forms of consecrated life

(CC 603 and 604), qualify as religious institutes as such (CC 607-609).
Such a request could be handled by seeking an indult of exclaustration
(C 686) or by permission for absence from the house (C 665) for a period
of time in order to live the consecrated life desired under the authority
of a willing diocesan bishop and then an indult of departure could be
requested of the Holy See so that it would take effect at the moment of
the new consecration to the eremitical life or to consecrated virginity.
7.What if someone in temporary profession desires to transfer to
another institute?
Generally speaking the principle that what is not forbidden is per-
mitted would apply, however the omission of reference to transfer of those
in temporary profession was deliberate. 8 Likewise, the requirements of
probation coupled with the ordinary requirements for temporary pro-
fession (CC 655 and 657) make it very likely that temporary profession
would expire during the time of probation. In such a case it is not very
reasonable to expect to be admitted to renewal of vows in a community
from which one is seeking transfer, and it is not legally possible to pro-
nounce vows before completion of probation in the community to which
one is seeking transfer. Release from temporary profession or allowing
the vows to expire (C 688) and then seeking regular admission to the other
institute seems to be the only legally viable option in this case.

EXCLAUSTRATION: NOTION AND HISTORY

Exclaustration consists in the permission granted by legitimate author-
ity for a member to remain outside the cloister, i.e., outside the religious
institute, for a definite or indefinite period of time during which the per-
son so exclaustrated remains a religious but some effects of the juridic
bond with the institute are mitigated with respect to the rights and obliga-
tions of the religious. It is not to be confused with absence from the house
as treated in C 665 or with permanent departure as treated in CC 691-
693, even though a religious on exclaustration is absent from the house
and exclaustration has been referred to in the past as temporary
secularization.
 Separation of Members from the Institute / 231

Imposed exclaustration as contained in this Code was first evidenced

in 1953 in order to protect the rights of institutes from religious whose
vested right by profession to life in the institute was well protected by
the law and whose behavior was disruptive but not such as to warrant
dismissal.

EXCLAUSTRATION: CC 686 AND 687

C 686

§ 1. With the consent of the council the supreme moderator for a grave reason

can grant an indult of exclaustration to a member professed of perpetual vows,

but not for more than three years, and with the prior consent of the local or-
dinary where he must remain if this concerns a cleric. Extending the indult or
granting it for more than three years is reserved to the Holy See or, if there is

question of institutes of diocesan right, to the diocesan bishop.

§2. It belongs to the Apostolic See alone to grant an indult of exclaustration

for nuns.

a supreme moderator with the consent of the council petitions, exclaustra-

§3. If
tion 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 for
grave reasons, with equity and charity being observed.

u
The supreme moderator of the institute is the person designated accord-
ing to proper law who fulfills the requirements of C 622. Since consent
is required, he or she must act with and according to the deliberative
vote of his or her council.No higher authority need be approached for
approval of the exclaustration unless the exclaustration extends beyond
the three-year maximum, or unless the one exclaustrated is a cleric, or
unless §2 of this canon applies.
A perpetually professed member of a religious institute who has re-
ceived diaconate ordination is incardinated as a cleric in that institute
by C 266, §2. Clerics so incardinated do not lose this incardination by
exclaustration, but such exclaustration may not be granted without the
consent of the Ordinary where the cleric is to live. Consent must be given
before the exclaustration is given and, although the canon makes clear
that the requirement is not invalidating, the cleric so exclaustrated can-
not function in clerical ministry in the diocese without it.

The grave cause required for granting the indult of exclaustration

is not for validity but for liceity, and the judge of the gravity with respect
to the request would be the supreme moderator and council competent
to grant it.
232 / ELIZABETH MCDONOUGH, O.P.

Should the person so exclaustrated be a member of an institute of

pontifical right, an extension beyond the three year maximum must be
requested of the Holy See. Should the person be a member of an institute
of diocesan right, the diocesan bishop can grant the extension. The canon
does not indicate whether the diocesan bishop of the principal house of
the institute or the diocesan bishop of the house of assignation is compe-
tent, thus theoretically either would be competent. By analogy with
C 691, §2, however, where the bishop of the house of assignation is com-
petent to grant an indult of secularization for the member of an institute
of diocesan right, it would be appropriate that exclaustration be done
by this same bishop, and a 1939 interpretation of the Code Commission
indicated this right belongs exclusively to the Ordinary of the place where
9
the religious is assigned.

§2

C 667, §3 who
This canon applies only to nuns (moniales) as described in
observe papal cloister and are governed by the norms of the Apostolic
See. This canon leaves intact departures from the monastery as treated
in VS 7 and C 667, §4, since these are not exclaustration.
A religious exclaustrated according to C 686 may return prior to the
time stipulated in the indult and must return at the expiration of that
time or whenever the indult is revoked by a competent authority during
that time.

§3

Imposed exclaustration is initiated not by the member but by the supreme

moderator and his or her council. The Holy See is competent to act for
institutes of pontifical right, and the diocesan bishop, with the same com-
ments as applied to the diocesan bishop in §1, is competent in institutes
of diocesan right. It is an administrative act which may be initiated when
a member who has been on exclaustration or in transfer cannot feasibly
return to his or her institute or when a cleric seeking exclaustration can-
not find the consenting bishop required in §1, or when a member's atti-
tudes and behavior are so extremely difficult to handle that common life
of the institute cannot be peacefully lived or the goals of the institute
cannot be attained but the attitudes and behavior are not such as to con-
requirements for dismissal. Sometimes imposed exclaus-
stitute the legal
tration is granted when dismissal might be warranted objectively
speaking, but the advanced age of the religious involved suggests the use
of this procedure instead.
 Separation of Members from the Institute / 233

As is indicated by the reasons for imposed exclaustration, the action

isnot necessarily penal in nature and should be for the mutual benefit
of the community and the person involved. Usually no period of time
is given, with the imposed exclaustration effective as long as the cause
prevails and ceasing only by revocation of the original decree. Imposed
exclaustration ought not to become perpetual or it amounts to a type
of effective dismissal in practice. Since imposed exclaustration according
to present practice appears to have the intent of being more or less
—
perpetual however that is, while the conditions perdure and usually
revoked only for reasons of advanced age and necessity those respon-—
sible only for initiating the process should be direct and honest with the
religious concerned regarding the institute's legal and moral intentions
and obligations.
The procedure to be followed for imposed exclaustration is similar
to that for dismissal but applied with less rigor.
10
When erratic or disrup-
tive or seriously irresponsible behavior on the part of the religious is the
cause of initiating the procedure, every effort should be made on the part
whatever means of reconciliation and arbitration
of the institute to use
if possible and to safeguard the
are available to alleviate the situation
rights of both the individual and the institute throughout the process.
The process of seeking exclaustration for any professed member of
a religious institute should include such basic information as the person's
complete curriculum vitae, reasons for requesting the indult, efforts that
have been made to alleviate the difficulty or difficulties motivating the
request, and the period of time for which exclaustration is desired. In
voluntary exclaustration the request would be submitted by the religious
to the supreme moderator. In imposed exclaustration the request would
be submitted by the supreme moderator to the Sacred Congregation.
Careful documentation must accompany requests for cases in which the
religious presently exclaustrated or in the process of transfer cannot
feasibly return to the institute or when a cleric desiring exclaustration
cannot find a welcoming diocesan bishop. In addition, in cases involv-
ing religious whose attitudes and behavior are difficult and disruptive
requests for imposed exclaustration must be accompanied by careful
documentation of the process closely parallel to that required for dismissal
as treated in CC 697-700.

C 687

Exclaustrated members are free from obligations which are incompatible with
their new life and at the same time remain dependent on and sub-
condition of
ject to the care of their superiors and also the local ordinary, especially if the
234 / ELIZABETH MCDONOUGH, O.P.

member is a cleric. The members may wear the habit of the institute unless it

is determined otherwise in the indult. However, they lack active and passive voice.

The effects of exclaustration are identical whether it is voluntary or im-

posed. The person is still considered a religious and the juridic bond with
the institute remains. Observance of the vow of chastity is not altered.
Obligations entailed under the vow of obedience are partially transferred
to the Ordinary of the place in which the religious resides. The vow of
poverty is mitigated so that the exclaustrated religious may administer
his or her own goods and may maintain a standard of living in keeping
with particular circumstances.
An exclaustrated religious may not vote or be elected in elections of
the institute, and, for protection of the institute, he or she should be asked
to sign a waiver of agency with respect to the institute. The obligations
relating to common life are suspended, but personal obligations entailed
in the constitutions or in the objective status of religious should be ob-
served insofar as possible and obligations of clerics, as such, remain in-
tact. So, for example, an exclaustrated religious is not bound to live in
community but, depending on one's constitutions, may be bound insofar
as possible to daily Liturgy of the Hours, and is certainly so bound by
C 276, §2, 3° if a cleric.
The canon makes clear that an exclaustrated religious may wear the
habit of his or her institute unless the indult provides otherwise. Ex-
claustrated religious clerics would still be bound to clerical attire as in-
dicated in C 284.
CC
686 and 687 refer only to exclaustration for religious in perpetual
profession. As in the case of transfer, what is not forbidden is theoretically
permitted, but the circumstances warranting exclaustration coupled with
the options of C 688 for departure of those in temporary profession as
well as the specific wording of the exclaustration canons clearly indicate
the intent of their application only to those perpetually professed.

EXCLAUSTRATION: GENERAL PROCEDURE

A. Voluntary Exclaustration

1. The religious desiring such an indult should submit a written request

to the supreme moderator indicating his or her (a) curriculum vitae,
(b) reasons for requesting the indult, (c) efforts made to resolve difficulties
(by spiritual direction, counseling, etc.), (d) the desired duration of ex-
claustration. In monasteries of nuns the request must be directed to the
Sacred Congregation, whose practice it has been not to grant such re-
 Separation of Members from the Institute / 235

quests without the opinion of the supreme moderator regarding the rela-
tionship of the religious with the institute and the desired duration of
exclaustration. If the request is from a religious cleric, the consent of the
Ordinary of the place where he is to live must be included.
2. The decision regarding the requested exclaustration following the
deliberative vote of the supreme moderator and council should be com-
municated to the religious as soon as possible and takes effect when com-
municated or as otherwise stipulated in the indult.
3. Any exclaustrated religious should sign a document, duly witnessed,

indicating (a) that he or she clearly understands the obligations of the

vows as they are to be observed according to the law of exclaustration,
(b) that he or she lacks active and passive voice (and may not act as an
agent of the institute) during the period of exclaustration, (c) that he or
she may wear the habit of the institute unless otherwise specified in the
indult, and (d) that either the religious or the institute will notify the
diocesan bishop of his or her presence and exclaustrated status.

B. Imposed Exclaustration 11
1 The supreme moderator submits to the competent authority (the Sacred
.

Congregation for pontifical institutes, and the diocesan bishop for

diocesan institutes) the same basic information as in (1) above.
2. If exclaustration is sought because of difficult and disruptive atti-
tudes and behavior, prior to submitting the material in (1) the compe-
tent authority of the institute must first (a) have clearly warned the
religious at least twice, either in writing or in the presence of two
witnesses, about the behavior and attitudes in question indicating ex-
pected amendment and imposed exclaustration, (b) have allowed
possible
at least fifteen days between warnings,
(c) have permitted the religious

ample opportunity to respond to the warnings and to justly defend one's

self, (d) have obtained the deliberative vote of his or her council with

regard to requesting imposed exclaustration after fifteen days from the

last warning have elapsed.

3. The decision of the Sacred Congregation is communicated to the

religious and is effective as indicated in the rescript.
4. Any be made aware of his or her
religious so exclaustrated should
vows, communal obligations, wearing of the habit,
status relative to the
active and passive voice, and communication with the Ordinary of the
place where he or she resides. It is advisable, if possible, that a duly
witnessed document as indicated in (3) of (A) above be used for this pur-
pose, and the requirement that he or she may not act as a legal agent
of the institute should be included.
 .

236 / ELIZABETH MCDONOUGH, O.P.

EXCLAUSTRA TION: MAJOR DIFFERENCES IN THE 1983 CODE

1. Exclaustration may now be granted for up to three years by the

supreme moderator with the deliberative vote of his or her council,

whereas previously it could be granted only by the Holy See or Apostolic
Delegate (for pontifical institutes) or by diocesan bishops (for diocesan
institutes)
2. A three-year maximum is specified for the exclaustration granted
by the competent internal authority of the institute, whereas no time
was specified in the canons of the 1917 Code, although the common prac-
tice was to limit its duration to three years in ordinary circumstances.
3. A specific canon provides for imposed exclaustration which did

not appear in the 1917 Code and has developed from the practice of the
Sacred Congregation in cases as they have occurred in the last few
decades.

EXCLAUSTRATION: SPECIAL QUESTIONS

1 . What if a religious in temporary profession desires exclaustration?

Since the canon deals specifically with those in perpetual profession,
the options of C 688 should be pursued.
2. What
a religious at the end of the time of probation in the pro-
if

cess of transfer does not wish to return to the original institute or the
original institute is unwilling to allow the member to return?
The religious in the process of transfer has a right to return to the
original institute and could refer the matter to the competent authority
(i.e., Ordinary or Sacred Congregation) or, recognizing the unwill-
local
ingness of the original institute, could seek exclaustration from its supreme
moderator. If the religious does not wish to return, he or she must seek
exclaustration or an indult of departure according to the norm of law.
3. What if an exclaustrated religious desires to transfer to another

institute?
The religious may return to his or her community and initiate the
process of transfer or may initiate the process of transfer while ex-
claustrated so that exclaustration ceases upon beginning of probation in
the new institute.
4.What if a cleric desiring exclaustration cannot find a bishop who
will consent to having the exclaustrated cleric live in his diocese?
The cleric should refer the matter to the Sacred Congregation.
 Separation of Members from the Institute / 237

5. What if an exclaustrated religious refuses to return to the com-

mon life and obligations of the institute at the expiration of the time of
exclaustration?
The competent superior should seek out the religious offering
whatever help is needed for him or her to return and persevere in the
religious life according to C 665, §2. If the religious demonstrates no in-
tention of returning the process for imposed exclaustration or for dismissal
could be initiated according to the norm of law.
6. What if a religious thinks his or her rights are being violated by
the imposition of exclaustration or in the process of voluntary
exclaustration?
In the earlier stages of the process conciliation and arbitration by a
mutually acceptable board of arbitration, if any is available for the insti-
tutes concerned, can and should be utilized. In a diocesan institute the
matter could be referred to the diocesan bishop and eventually to the
Sacred Congregation. In a pontifical institute it could be referred directly
to the Sacred Congregation. In imposed exclaustration, since it is an ad-
ministrative precept, recourse would not suspend the effect of the indult.

LEGITIMATE DEPARTURE PRIOR TO PERPETUAL

PROFESSION AND READMISSION AFTER
PROFESSION: NOTION AND HISTORY

Departure from an institute prior to profession, that is during the time

of prenovitiate (if such existed) or during the novitiate has always been
recognized. Since the recognition of temporary profession and the re-
quirement of such prior to perpetual profession in any religious institute,
the freedom to depart from the institute at the expiration of these vows
has also been recognized. The temporary nature vows is with
of such
respect to their juridic duration as governed by the norms of law. The
perpetual nature of regularly renewed temporary profession as mentioned
in C 607, §2, which is equivalent to perpetual commitment excludes such
vows from the considerations of CC 688 and 689 once they are beyond
the requirements of universal and proper law for temporary profession.
Readmission to a religious institute, the same one to which a person
formerly belonged or to another, is possible but entails different proce-
dures depending on the type of departure and the institutes involved.
Readmission has undergone considerable alteration since the 1917 Code,
and the canons of the 1983 Code are slightly altered from the immediately
previous extant legislation.
238 / ELIZABETH MCDONOUGH, O.P.

LEGITIMATE DEPARTURE PRIOR TO PERPETUAL PROFESSION

AND READMISSION AFTER PROFESSION: CC 688-690

C 688

§1. Whoever wishes to leave an institute when the time of profession has ex-
pired can depart from it.

During the time of temporary profession whoever asks to leave the institute
§2.
for a grave reason can be granted an indult to leave by the supreme moderator
in an institute of pontifical right with the consent of the council; in institutes
of diocesan right and in monasteries mentioned in can. 615, the indult, in order
to be valid, must be confirmed by the bishop of the house of assignment.

u
Freedom to depart at the completion of the time of temporary profes-
sion is recognized both juridically and morally. Such departure is

legitimate and would qualify for readmission according to C 690. Strictly

speaking completion of the time of profession is on the anniversary date.

Anyone wishing to depart prior to that time should use the norm of §2.
At such departure all rights and obligations entailed by profession
cease, and the will and cession of administrative documents and dowry
(if any) are returned to the person departing. The former religious in

keeping with C 702 may not claim remuneration for any works while
a member of the institute, but the institute must observe equity and
charity in dealing with the former member.

§2

The request for an indult to leave should be presented in writing to the

supreme moderator who must act on it with the deliberative vote of his
or her council. Such departure is legitimate and would qualify the per-
son for readmission according to C 690. No additional act is needed in
the case of institutes of pontifical right, but diocesan institutes and those
self-governing monasteries with no superior having actual power between
them and the Holy See must submit the approved request to the bishop
of the place where the religious is assigned for his confirmation, without
which the act is invalid.
The request with affirmative response, or request with affirmative
response followed by required confirmation, constitutes an indult of
departure as mentioned in C 692 and would be subject to the specifica-
tions and consequences of that norm. This canon would never apply to
religious clerics, since C 266, §2 restricts reception of diaconate until after
perpetual profession.
 Separation of Members from the Institute / 239

C 689

§1. If just causes are present, when temporary profession has expired a member
can be excluded from making a subsequent profession by the competent major
superior after listening to the council.

§2. Even if it is contracted after profession, physical or psychic illness which

in the judgment of experts renders the member mentioned in §1 unsuited to lead
the life of the institute, constitutes a reason for not admitting such a person to
making perpetual profession, unless the infirmity
a renewal of profession or to
had been incurred through the institute's negligence or through work performed
in the institute.

§3. A religious, however, who becomes insane during temporary vows, even
though unable to make a new profession, cannot be dismissed from the institute.
§2

Major superiors as indicated in C 620 need not necessarily be, but can
be, the supreme moderator as mentioned in C 622. The superior compe-
tent to admit to profession should be clearly indicated in the proper law
of the institute. C 689, §1 indicates that the major superior must act hav-
ing heard his or her council, which in itself requires only a consultative
vote. If, however, the proper law of the institute requires a deliberative
vote of the council to admit to renewal of profession or to perpetual pro-
fession, then exclusion from either —
as the decision not to admit would —
have to fulfill the same requirements of the proper law of the institute.
Note that exclusion requires just causes (plural) which might include
obvious lack of religious spirit or clear incapacity to effectively live the
life of the institute. Thereno special process indicated for exclusion
is

from profession, but justice and charity would dictate that reasons for
such exclusion be clearly communicated to the person involved, with the
possible extension of C 657, §2 being utilized if necessary.
Generally speaking the longer the time already under temporary pro-
fession, the greater is the gravity of the causes required for exclusion,
and exclusion from perpetual profession after a number of years in tem-
porary profession should be only for very grave reasons usually related
to the good of the institute. 12 A religious so excluded could have recourse
to the Holy See with the decision for exclusion not being thereby sus-
pended but with actual exclusion from the institute not effective until
so confirmed by the Holy See.
Exclusion from renewal of profession or from perpetual profession
constitutes legitimate departure from the institute and qualifies the per-
son for readmission according to C 690. Such exclusion is not equivalent
to dismissal.
240 / ELIZABETH MCDONOUGH, O.P.

§2
The may be unfit to lead a life in the institute belongs
decision that one
to the authority competent to admit with the vote of his or her council
given according to the norm of general and particular law as in § 1 The .

experts referred to would have to qualify according to C 1574 where it

states that their examinations and opinions, rooted in the principles of
the arts and sciences, should be used for ascertaining some fact or for
better understanding the true nature of something. The language of the
canon does not as such require their opinion for validity, but acting
without the advice of such experts could easily result in recourse by the
religious resulting in reversal of the exclusion decision.
It does not matter whether the infirmity is physical or mental,
whether it was acquired before or after profession (with the qualifica-
tion of the last clause remaining, however), or whether it concerns
renewal of temporary profession or making of perpetual profession.
A member may not be excluded from renewal of profession or from
perpetual profession if the physical or mental infirmity has been con-
tracted because of the negligence of the institute or because of work done
in the institute. The canon makes clear that the clause regarding the cause
of the infirmity is invalidating, meaning that such exclusion when either
of the causes mentioned is present would be null and void. Thus, in utiliz-
ing this exclusion the burden of proof rests with the institute should this
clause of the canon be applicable to the situation. Non-negligence, such
as provision for ordinarily available medical services for known and
treatable illnesses in their incipient stages and with appropriate follow-
through, would have to be documented by the institute. If work done
in the institute may be related to the reasons for the illness leading to
exclusion, the etiology of the illnesswould have to be ascertained and
would have to date from before first profession in the institute. Work
done in the institute refers to work of any kind done once one is legally
a member of the institute.
Obviously a degree of charity and justice which is not subject to
legislation should be observed in the exclusion of any religious who is
ill from making further profession in the institute. By G 643, §1,4° ad-

mission to the novitiate under fraud is and by CC 656, 4° and

invalid,
658, temporary or perpetual profession made under fraud is likewise in-
valid. Knowing concealment of an illness, physical or mental, that would
render one unfit for life in the institute would certainly constitute fraud
and render the admission or professions invalid. Non-knowledge would
not do so but could bring this canon into use at the time of renewal or
perpetual profession. Superiors on the other hand should not admit per-
 .

Separation of Members from the Institute / 241

sons to the novitiate or to profession conditionally or experimentally, that

with the stipulation that he or she will be admitted or not admitted
is,

to future profession depending on the future improvement or non-

improvement of one's physical or mental health as presently known.
Exclusion from profession by C 689, §2 constitutes legitimate depar-
ture and qualifies the person for readmission according to C 690. Such
exclusion is not equivalent to dismissal, and the consequences of depar-
ture are thesame as mentioned under C 688, §1. A religious so excluded
from profession could have recourse to the Holy See as mentioned in § 1

§3
The canon temporary profession. Mental
refers only to those already in
derangement or insanity would have be ascertained by experts com-
to
petent in the field, although this is not directly mentioned in the canon.
Since a new profession is not validly possible, the member remains
perpetually in the institute in the same condition as when the illness
13
became Such a situation is not, strictly speaking, departure
manifest.
from the institute even though it is treated in this section of canons. Should
the family of the religious wish to accept responsibility for the religious
so afflicted such could be mutually arranged and legal steps required for
separation from the institute could possibly be pursued.

C 690

§1. A religious who after completing the novitiate or after profession has left
the institute legitimately, can be readmitted by the supreme moderator with the
consent of the council without the burden of repeating the novitiate; it is up

to the same moderator to determine a suitable probationary period before tem-

porary profession and a time in such vows prior to perpetual profession accord-
ing to the norm of cann. 655 and 657.
§2. With the consent of the council, the superior of an autonomous monastery
enjoys this same faculty.

§i

Completion of the novitiate is completion according to universal and

proper law. General law requires twelve months but proper law of the
institute may require a longer period according to C 648. The phrase
"after profession" is not qualified by either temporary or perpetual, thus
the canon applies to any religious who has legitimately left after
profession.
Legitimate departure includes departure (a) at the completion of the
novitiate according toC 653, §2, (b) at the expiration of temporary pro-
fession according to C 688, §1, (c) by an indult granted to a religious
in temporary profession according to C 688, §2, (d) by exclusion from
 .

242 / ELIZABETH MCDONOUGH, O.P.

subsequent profession according to C 689, §1 and §2, (e) by an indult

granted to a perpetually professed religious according to C 691, and (f)
by dismissal according to the various categories and procedures of
CC 694-703. Whether or not a person who had legitimately departed
in these various categories would actually be admitted again to the in-
stitute depends on the type of departure, the present condition of the
person involved, and the judgment of the competent authority of the in-
stitute, but all those who fulfill the requirements for any legitimate depar-

ture listed fall under the norm of C 690.

The admission referred to in this canon is to the same institute to
which one previously belonged or in which the novitiate was made. 14
The right to readmit according to this canon is reserved to the supreme
moderator with the consent of his or her council, whereas admission
originally to the novitiate is by the major superior according to proper
law (C 641), and admission originally to profession is by the competent
superior with his or her council acting according to proper law (C 656)
The same supreme moderator determines the suitable probation.
Repetition of the novitiate could be required as the suitable probation,
but the intention of the canon is certainly that the supreme moderator
may judge a new novitiate as not necessary upon reentrance. There is
no time specification for the duration of probation prior to temporary
profession. The time in temporary profession prior to perpetual profes-
sion must be within the limits specified in CC 655 and 657.

§2
The comments of C 690, § 1 apply to those treated in C 613. The superior
of such a monastery is the supreme moderator.

PROCEDURES FOR DEPARTURE AND READMITTANCE:

CC 688-690
1. For departure initiated by the religious, he or she should submit a
request in writing to the competent superior giving appropriate reason
for the request.
2. If such a request comes at the termination of a period of temporary
profession, it is actually a declaration of intent which becomes fact upon
expiration of the person's profession and no further action is necessary.
3. If it is made by one temporarily professed in a pontifical
a request
institute, the supreme moderator with the consent of his or her council
may grant the indult as requested. If the request is not granted or there
isunusual delay, the religious may have recourse to the Holy See or may
wait until his or her vows expire.
 Separation of Members from the Institute / 243

4. If is made by one temporarily professed in a diocesan

the request
institute or in amonastery which has no superior having actual author-
ity between it and the Holy See, the bishop of the house of assignation
must confirm the request after it has been granted by the supreme
moderator with deliberative vote of his or her council.
5. Granting, or granting with subsequent confirmation, of the re-
quests in §3 and §4 results in the consequences of an indult of departure
as mentioned in C 692.
6. The cession of administration and will (if one has been made) and

dowry (if there is any) should be returned to the person.

7. Since exclusion from profession (C 689) is initiated on the part of

the institute, those responsible for formation and those involved in the
decision and others whose services may be helpful should, in justice, com-
municate the possibility of such exclusion to the religious prior to the ac-
tual decision, even though this is not required by the law as such. Since
just causes are required in §1 and, since the judgment of experts is men-
tioned in §2, the initiating authority is responsible for manifesting these
to the religious in question and, it would seem in justice, of giving the
person time to amend if possible.
8. Since readmission to an institute refers to the same institute, all
original admission and departure records should be available to the insti-
tute in question. Additional information could be requested of the ap-
plicant in keeping with the current admission procedures of the institute.

LEGITIMATE DEPARTURE PRIOR TO PERPETUAL

PROFESSION AND READMISSION AFTER PROFESSION:
MAI OR CHANGES IN 1983 CODE
1 . The grant of an indult of departure for those in temporary profession
may be granted at the level of supreme moderator with consent of coun-
cil(and for diocesan institutes or sui iuris monasteries must, for validity,
be confirmed by the diocesan bishop). The 1917 Code restricted such
indults to the Holy See for pontifical institutes, although legislation in
the mid-1960s extended the faculty to those mentioned in C 688.
2. A qualifying clause is added to the requirements for non-admission
to further profession in G 689, §2, whereas the legislation of Dum
Canonicarum (December 8, 1970) apparently allowed such exclusion for
however and whenever contracted. The 1917 Code had no canon
illness
on exclusion for illness except that which was concealed at the time of
admission.
244 / ELIZABETH MCDONOUGH, O.P.

3. an addition to the canon on exclusion from profession in-

There is

corporating a 1925 interpretation of SCR (AAS 17 (1925): 107) regard-

ing those in temporary profession who may have become mentally
deranged and may not be dismissed from the institute.
4. Return to the same institute after legitimate departure does not
necessitate a new novitiate. In the 1917 Code any such departure and
return required a new novitiate, and the interim legislation (RC January
6, 1969) applied only to those in temporary profession.
5. Time and manner of probation for those readmitted by C 690 is

decided by the supreme moderator, and duration of temporary profes-

sion must follow the general law minimum and maximum (CC 655 and
657) whereas those readmitted by the interim legislation (only those who
,

had been in temporary profession) were required a minimum of one year

temporary profession or the time that had been remaining at the time
of their departure. There is no such canon in the 1917 Code.
6. There is no mention of apostates and fugitives from religion as there

was in the comparable section of the 1917 Code. There is a reference

to the responsibility of superiors towards those illegitimately absent from
the house in C 665, §2.

LEGITIMATE DEPARTURE PRIOR TO PERPETUAL

PROFESSION AND READMISSION AFTER PROFESSION:
SPECIAL QUESTIONS

1. What if after the request for such an indult by one in temporary pro-
fession, the religious changes his or her mind?
An indult of departure takes effect C 692 unless other-
as indicated in
wise specified in the indult Thus, the religious can refuse it in the
itself.

act of notification and thereby remain in the institute under his or her
present vows.
What if a religious in temporary profession who is on exclaustra-
2.

tion comes under the exclusion of C 689 or requests an indult of depar-

ture as in C 688?
Strictly speaking the canons on exclaustration do not consider this
possibility, since they refer to religious who are perpetually professed.
Should such a case happen to occur, however, the religious would be
automatically released from his or her vows upon their expiration or at
the time of exclusion from renewed profession. Should there be a notable
delay before either occurs, the religious should seek an indult of depar-
ture for one in temporary profession according to C 688, §2.
 Separation of Members from the Institute / 245

3. What if someone after legitimate departure after profession (tem-

porary or perpetual) wants to be admitted to an institute different from
the original one?
He or she must follow the procedure of universal and proper law for
initial admission to the institute. C 643, §1, 5° invalidates such admis-
sion to a new novitiate if the previous admission has been concealed by
the former religious.

VOLUNTARY DEPARTURE FOR THOSE IN PERPETUAL

PROFESSION AND EFFECTS OF AN INDULT OF
DEPARTURE: NOTION AND HISTORY

Departure from religious life for those in perpetual profession has always
been considered a serious step taken only for the most grave reasons. Prior
to the Code, departure of those with solemn vows was referred to as
secularization (either temporary or perpetual) and allowed the religious
to return to life outside the cloister but did not necessarily include a
dispensation from one's vows. At the time of the 1917 Code, temporary
secularization became known as exclaustration. Perpetual secularization
for pontifical institutes was reserved to the Holy See and for diocesan
institutes, to the local Ordinary of the house of assignation. Prior to the
1917 Code, dispensation from the vows of religion was reserved to the
Holy See, but a 1922 interpretation of the Code Commission indicated
that local Ordinaries had this faculty for members of institutes of diocesan
15
right.
The primary granted and nonrejected indult
effect of a legitimately
of departure is and obligations that arose from the
cessation of the rights
contract of profession in the institute. The person is no longer considered
legally as a "religious" and is either a lay person or a cleric depending
on whether or not orders have been received. Clerics who receive such
an indult must find a benevolent bishop who will accept them, either
immediately or conditionally, for incardination.

VOLUNTARY DEPARTURE FOR THOSE IN PERPETUAL

PROFESSION AND EFFECTS OF AN INDULT OF
DEPARTURE: CC 691-693
C 691
§1. One who is professed in perpetual vows is not to seek an indult to leave
the institute without very grave reasons weighed before the Lord; such a peti-
tion is to be presented to the supreme moderator of the institute, who is to transmit
it to the competent authority with a personal opinion and that of the council.
246 / ELIZABETH MCDONOUGH, O.P.

§2. An indult of this kind in institutes of pontifical right is reserved to the

Apostolic See; but in institutes of diocesan right the diocesan bishop of the house
of assignment can also grant it.

u
This canon applies only to those who are perpetually professed. The word-
ing phrased in the negative and uses superlatives in order to com-
is

municate the seriousness of the matter at hand. 16 The request for such
an indult should be addressed to the competent authority as indicated
in §2 but must be directed through the mediation of the supreme
moderator whose opinion (and that of his or her council) with respect
to the request should be expressed. The request should contain (a) brief
and concrete reasons for motivating the request, (b) specific spiritual,
psychological, and medical resources that have been used in an attempt
to resolve the difficulties motivating the request, (c) a curriculum vitae
of the religious. The supreme moderator and council should add an ob-
jective evaluation of the circumstances of the request as well as their ap-
proval or disapproval.

§2
The canon clearly indicates what authority is competent to act for each
type of institute. Obviously for large institutes divided into provinces the
request would
be channeled through the provincial superior and his
first

or her council. The

indult should be requested by the religious desiring
to depart and must fulfill the minimum requirements for obtaining a
valid rescript as enumerated in CC 59-75 in addition to following the
policies for such requests as established by the Sacred Congregation.

C 692

Unless it member in the act of notification, an indult

has been rejected by the
legitimately granted and made known to the member brings with it, by the law
itself, a dispensation from vows and from all obligations arising from profession.

Permission to permanently depart from an institute of consecrated life

isgranted through an indulgence (to which one, strictly speaking, does

not have a right) by the competent authority who responds to the peti-
tion in the form of a written reply or rescript. Rescripts constitute ad-
some favor to one who has requested it and
ministrative acts granting
was not impeded by law from making the request (CC 59-60). Ordinarily
they take effect without acceptance on the part of the petitioner whenever
the response is given or is communicated to the person concerned
(CC 61-62) At least what
. is required in standard canonical practice must
 Separation of Members from the Institute / 247

be true in the request or the single motivating cause of the request must
be true for it to be validly granted (C 63). Minor errors do not invalidate
rescripts as long as the matter of the content is clear, and when in doubt
rescripts are considered valid and recourse to the grantor should be had
for clarification (CC 66-77)
Rescripts which have no definite time or
.

conditions can be executed at the time and in the manner decided by

those responsible provided there is no fraud involved (CC 69-70). No
one is obliged to use a rescript unless there is some other obligation to
do so, and rescripts should be in writing in order to have effect in both
the internal and external form.
An indult of departure as treated in this canon is legitimately granted
if it basically fulfills the general requirements for rescripts, but there are
some notable differences. The indult takes effect upon notification which
means that its content is inoperative prior to communication of the
rescript to the person who has made the request. The religious must refuse
the indult in the act of notification in order to render the indult subse-
17
quently inoperative. Notification and rejection, if the indult is rejected,
should be in writing although the immediate oral communication of re-
jection at the time of notification suffices to suspend the effect of the in-
dult until refusal can be formally written. If a supreme moderator wishes
that the option of rejection not be available to the religious seeking the
indult, then he or she should make the reasons for this known in the opin-
ion required when the request is originally submitted to the competent
authority in accord with C 691, §1. Then, according to the judgment
of the competent granting authority, specifications concerning the non-
possibility of rejection could be included in the rescript containing the
18
indult of departure.
Upon notification without rejection of the indult of departure, the
member is automatically dispensed from the vows of poverty, chastity,
and obedience as mentioned in C 654 and from all legal consequences
of them as indicated in CC 599-601 and in the proper law of the insti-
tute. The juridic bond between the member and the institute ceases and
with it all the mutual rights and obligations of the member and of the
institute however contained in universal or proper law as arising from
profession.

C 693

If the member is a cleric, the indult is not granted before he finds a bishop
who will incardinate him into a diocese or at least receive him experimentally.
If he is received experimentally, he is incardinated into the diocese by the law
itself after five years have passed, unless the bishop has refused him.
248 / ELIZABETH MCDONOUGH, O.P.

One becomes a cleric by ordination to the diaconate (C 1009). Perpetually

professed members of religious institutes or definitively incorporated
members of societies of apostolic life are incardinated into their respec-
tive institutes by diaconal ordination (G 266, §2). Members of secular
institutes are incardinated into the diocese for which they have been pro-
moted upon reception of diaconal ordination unless incardinated
to orders
into the institute itself by special grant of the Apostolic See (C 266, §3).
Clerics can receive an indult of departure which severs the juridic bond
with the institute and the rights and obligations arising from profession,
but such indults are not granted in practice until the conditions of this
canon are fulfilled.
A willing or benevolent bishop may accept the cleric for incardina-
tion effective immediately upon execution of the rescript containing the
indult of departure. If unwilling to do so, he may accept the cleric condi-
tionally in which case it is the practice of the Apostolic See to grant the
clerican indult of exclaustration for the duration of the time of condi-
tional acceptance. At the completion of the time for conditional accep-
tance, or before that time, the receiving bishop is usually granted the
faculty of issuing the indult of departure which simultaneously
19
incardinates the cleric into his diocese.
This canon limits the duration of conditional acceptance to five years,
which does not imply that five full years are required for conditional
acceptance into the diocese. However, should the five-year limit expire
without a formal refusal by the bishop of the cleric conditionally admitted
to the diocese, he becomes automatically incardinated into the diocese
and excardinated from the institute. Since the canon does not mention
that an indult of departure would also be required at this point and, since
only exclaustration is granted in practice for clerics who are received con-
ditionally by a benevolent bishop, the documentation for the original
exclaustration should attend to the required details of this possibility of
automatic incardination.

PROCEDURES FOR VOLUNTARY DEPARTURE FOR THOSE

IN PERPETUAL PROFESSION

1 . Requests for indults of departure are addressed to the pope or to the

diocesan bishop depending on who is competent according to C 691, §2.
They supreme moderator of the institute who
are directed through the
may involve other major superiors of the institute more directiy concerned
with the member in question. The supreme moderator should add an
opinion regarding the request having first consulted his or her council.
 Separation of Members from the Institute / 249

In practice, such requests are not granted by the Apostolic See without
the explicit approval of the supreme moderator.
2. The one requesting the indult must relate in brief and concrete
detail the specific, notmerely generic or vague, reasons motivating the
request. Mere declarations of fact about the intent to depart are not ac-
ceptable and explanations of motives are required.
3. The request should indicate what spiritual, psychological, or

medical means have been used to resolve his or her present difficulties.
It should also contain a curriculum vitae of the member's employments,

occupations, and community experiences, as well as an evaluation of

these. The request need not be profuse but should clearly identify all those
concerned (institute, member, etc.) as well as those items required for
its successful processing.
4. Should the member be a cleric and have a receiving bishop, appro-
priate documentation indicating his intent should be included. Should
the member be a cleric and not have a receiving bishop, the request might
include that special provision be made by the Apostolic See.
some
Upon receipt of the indult it should be communicated to the
5.
member without delay with any qualifications contained therein, as well
as the member's right of rejection, being clearly indicated to him or her
at the time of notification.

VOLUNTARY DEPARTURE FOR THOSE IN PERPETUAL

PROFESSION AND EFFECTS OF AN INDULT OF DEPARTURE:
MAJOR CHANGES IN 1983 CODE
1. The 1917 Code used the term secularization to refer to those who had
obtained such an indult, whereas the 1983 Code does not use that term
and speaks of this severing of the juridic bond with an institute as an
"indult of departure" in contrast to the "indult of exclaustration" men-
tioned in CC
686 and 687.
2. The 1917 Code had three canons limiting the activities of "secular-
ized" religious clerics with respect to certain ecclesiastical offices and func-
tions. These disqualifications were abrogated by interim legislation (Ex-
perimenta Circa, February 2, 1972) and have not been included in the
1983 Code.
3. The time limit for automatic incardination of a cleric accepted
conditionally by a benevolent bishop is now five years, whereas in the
1917 Code it was articulated as for three years with possible renewal
for an additional three years at the discretion of the bishop.
250 / ELIZABETH MCDONOUGH, O.P.

4. The indult of departure according to the 1983 Code must be re-

jected in the act of notification or it automatically takes effect. Although
this was the case in the 1917 Code following the general norms for
rescripts, it has been the practice of the Sacred Congregation since 1953
to require acceptance of the indult within ten days of notification in order
for it to take effect.

VOLUNTARY DEPARTURE FOR THOSE IN PERPETUAL

PROFESSION AND EFFECTS OF AN INDULT OF
DEPARTURE: SPECIAL QUESTIONS

L What if a member in temporary profession desires an indult of

departure?
Follow the prescriptions of C 688, §2.
2. What if the supreme moderator will not process the request as re-
quired by C 691, §1?
The member could have recourse to an arbitration board within the
institute if any exists or could submit the collected material to the com-
petent authority with an indication of the supreme moderator's unwill-
ingness to process the request in the required manner.
3. What if the competent authority denies the request for an indult

of departure on the basis of insufficient reasons?

The member should resubmit the request with more specific, detailed,
and directly related motivating causes for the request. If this is still insuf-
ficient, he or she might ask the competent authority to indicate precisely
what additional information is required.
4. What if the competent authority denies the request for an indult
of departure because the approval of the supreme moderator was lacking?
If the approval was simply not included in the request by an over-
sight in procedure, the request should be resubmitted with the required
approval included. If the approval was withheld by the supreme
moderator because he or she simply disapproved of the request, then the
matter should be dealt with by the member in direct consultation with
the supreme moderator and his or her council whose opinion is also re-
quired before the supreme moderator acts according to C 691, § 1 Should .

the parties to the misunderstanding become intransigent, the matter

should be referred to the Sacred Congregation.
5.What if the motivating reasons for the request are not true and
the minimum requirements for validity of rescripts are not present ac-
cording to the practice of the curia?
 Separation of Members from the Institute / 251

If the rescript is motu proprio, that is, issued on the initiative of the
pope himself, then it is valid nonetheless according to G 63, § 1 . If the
rescript is not motu proprio and the conditions required for validity are
not met due to actions on the part of the one seeking it, the invalidity
will probably never be known and the rescript will be executed with the
indult taking effect.
6. What if a cleric is unable to find a benevolent bishop as required
before the indult can be granted as indicated in C 693?
If the problem is not with respect to the merits of the request but
merely with respect to the lack of a benevolent bishop for at least condi-
tional acceptance, the cleric could change his request to one for exclaustra-
tion which could be done following the norm of CC 686 and 687. In
this case the cleric is under the special care of the bishop where he resides
and must have his permission in order to function in any ministerial
capacity but the possibility of incardination under the five-year statute
of limitations would not apply. During this period of exclaustration the
cleric might seek a benevolent bishop for the purpose of possible incar-
dination as required by C 693. Should he have no success whatever, he
should refer the matter, carefully documenting the problem, to the Sacred
Congregation.
7. What if a member rejects the indult in the process of notification
and then changes mind?
his or her
upon notification renders it inoperative. Such
Rejection of the indult
rejection should be communicated to competent authority as soon as pos-
sible and the rescript should then be revoked by the granting authority.
If this is not done and the rescript were to be considered as dependent

on the member's subsequent acceptance or rejection it would be both

contrary to the notion of the indult and would leave the member poten-
tially on the verge of perpetual departure at any time subsequent to the
rejection. Once the rescript has been rejected, the member should resub-
mit a request if he or she has a change of mind or heart.
8. What if the member does not reject the indult in the act of notifica-
tion and subsequently changes his or her mind wishing to remain in the
institute?
If the rescript is not rejected it is thereby accepted with the legal con-
sequences taking effect according to C 693. Should there be a doubt on
the part of the member at the time of notification, he or she should re-
ject the indult and reprocess it again as mentioned in (7) if necessary.
If the member does not reject the indult in the act of notification, subse-
quent changing of one's mind does not alter the legal consequences of
the completed juridic act. Such legal consequences and the significance
252 / ELIZABETH MCDONOUGH, O.P.

of rejection or nonrejection of the indult should be clearly and carefully

explained to the member in the early stages of the process of requesting
the indult of departure.
9. What if the member who has obtained an indult of departure
wishes to return to the institute or to another institute of consecrated life?
One who wishes to return to the same institute can do so following
the requirements of C 690, §1 and need not make a new novitiate. One
who wishes to enter another institute of consecrated life must fulfill the
requirements of universal and proper law for admission to the institute
concerned unless some special provision is made for mitigation or waiv-
ing of any of these requirements by competent authority. No one who
conceals incorporation in an institute of consecrated life or society of
apostolic life may be validly admitted to another institute according to
C 643, §1.

DISMISSAL: NOTION AND HISTORY

Dismissal of a professed member of an institute of consecrated life is a
serious action takenby competent ecclesiastical authority through which
permanent departure is imposed on a member concomitant with dispen-
sation from one's vows and from all the rights and obligations arising
from profession. Prior to the 1917 Code there was a distinction between
"dismissal," which was used in reference to those who had professed sim-
ple vows, and "expulsion," which was used in reference to those who
professed solemn vows. The 1917 Code had several categories for
dismissal: (1) automatic dismissal for certain specified transgressions, (2)
an administrative procedure for these in temporary vows, (3) an admin-
istrative procedure for those in perpetual vows in clerical exempt or lay
institutes of men, (4) a slightly different administrative procedure for
those in perpetual vows in institutes of women, and (5) a judicial pro-
cedure for any professed members of clerical exempt institutes. As of 1974
the judicial process for clerical exempt institutes was abrogated (Processus
Iudicialis, March 2, 1974, SCRIS) and since the mid-1970s it has been
the practice of SCRIS to require the same procedure for dismissal of both
men and women in perpetual vows. 20 The 1983 Code has only three
categories for dismissal: (1) automatic dismissal for certain specified tran-
sgressions, (2) instances in which the dismissal is not automatic but ought
to be initiated by competent authority for certain transgressions, and (3)
a single administrative process for all other instances.
It is important to note that dismissal procedures relate to penal legisla-
tion and thereby are subject to strict interpretation according to the norms
 Separation of Members from the Institute / 253

of theCode itself, C 18, and that dismissal as such is to be distinguished

from non-admission to profession or non-admission to renewal of vows
which in themselves are not penal procedures.

DISMISSAL: CC 694-704

C 694

§1. A member is to be held to be ipso facto dismissed from the institute who:
1° has notoriously abandoned the Catholic faith;

2° has contracted marriage or has attempted it, even only civilly.

§2. In these instances the major superior with the council without any delay
and after having collected proofs should issue a declaration of the fact so that
the dismissal is established juridically.

u
Automatic or ipso facto dismissal is an extraordinary penalty whose use
is for the protection of the institute itself against the actions of members
whose behavior is directly and publicly contrary to the nature of con-
secrated life. Neither defection nor what constitutes notorious defection
from the Catholic faith are defined in the Code. Clearly in the context
of the canons on consecrated life the person concerned would have to
be someone who is a practicing juridically verifiable member of the
Catholic Church (because such is required for admission to an institute)
—
who subsequently abandons this position in a practicing and/or juridi-
cally verifiable manner — in favor of some non-Catholic belief. Notorious
defection must be at least public, that from a juridic point of view
is

already divulged or such that it will be or should be divulged. Since penal

legislation must be strictly interpreted, that is within the narrowest mean-
ing of the words without doing violence to the actual meaning, mere
disagreement with or objection to or questioning of certain matters of
faith or pronouncements of the magisterium would not constitute mat-
ter for ipso facto dismissal even though such might be related to other
circumstances which collectively suggest initiating the dismissal process
according to C 696.
The wording of the canon with respect to marriage distinguishes con-
tracted and attempted marriages. C 1088 of the 1983 Code renders in-
valid any marriage by one who is bound by the public perpetual vow
of chastity in a religious institute. Thus exchange of marriage vows by
such a person is considered as "attempted" because there is no juridi-
cally recognized effect of the act. Those not bound by public perpetual
vow would "contract" marriage by exchange of marriage vows but would
254 / ELIZABETH MCDONOUGH, O.P.

do so illegally. A civil bond of marriage is that which is recognized in

civil law as such. Again, since this concerns penal legislation, the canon
must be strictly interpreted and the action brought to completion with
full deliberation and consent.

§2

Note that the major superior, who may or may not happen to be the
supreme moderator depending on the organization of the institute, is com-
petent to act in declaring automatic dismissal already incurred. The major
superior must act with the council, but the canon does not state whether
deliberative or consultative action of the council is required. Proper law
of the institute may indicate one or the other manner of acting, but in
the absence of proper law specification, only consultation would be re-
quired by the wording of the canon. Such action on the part of the ma-
jor superior does not constitute dismissal of the member because this has
already automatically been incurred, but the declaration of fact of the
already incurred dismissal brings with it the full effect of the law re-
garding future consequences such as the observance and remission of it
and related penalties. 21 For protection of the institute automatically in-
curred penalties ought to be declared by the competent authority acting
in accord with this canon.

C 695

§1. A member must be dismissed for the offenses in cann. 1397, 1398 and 1395,
unless in the delicts mentioned in can. 1395, §2, the superior judges that dismissal
is not entirely necessary and that the correction of the member and restitution
of justice and reparation of scandal can be sufficiently assured in some other way.
§2. In these cases the major superior, having collected proofs about the facts
and imputability, is to make known the accusation and the proofs to the member
who is about to be dismissed, giving the member the opportunity of self-defense.
by the major superior and a notary, along with the written
All the acts, signed
and signed responses of the member, are to be transmitted to the supreme
moderator.

§i

A delict was defined in the 1917 Code as an external, morally imputable

violation of a law which
at least an indeterminate canonical sanction
to
was attached. 22 The 1983 Code uses the word without defining it, but
indicates that no one is liable to an ecclesiastical penalty unless there has
been an external violation of a law or precept which is gravely imputable
to someone through dolus (the intent to do wrong) and culpa (blame-
worthiness by fault or defect). 23
 Separation of Members from the Institute / 255

C 1397 concerns homicide, abduction, detention, mutilation, and

gravely wounding someone. C 1398 concerns the procurement of an abor-
tion. C 1395 concerns clerical concubinage and transgressions of the sixth
commandment. §1 of C 1395 deals with external transgressions in which
the person persists after appropriate warnings, and §2 deals with lesser
transgressions which may be more or less public or may involve persons
under sixteen. In the matter of §2, as C 695, §1 indicates, the superior
judges whether or not dismissal is necessary and whether or not other
means of amendment, restitution, and reparation can be made by the
culpable party. Since the previous canon and C 695, §2 both refer to
the major superior as the competent authority, he or she would be the
competent authority for the action of this canon also. Since laws regard-
ing sanctions are involved, the "must be dismissed" of this canon would
apply only when the strict meaning of the words are fulfilled. Even
though imputability is presumed by external violation of a law, the canons
on those who are liable to ecclesiastical penalties indicate a variety of
morally mitigating circumstances in which either the penalty does not
apply or may be adjusted according to the judgment of competent
authority. Given the seriousness of the matter and the complexity of penal
law, qualified experts should be consulted before any action is taken
regarding the dismissal indicated in this canon. 24

§2

Should the major superior judge the facts and imputability required for
§1 of the canon to be operative, he or she must collect the information
regarding both facts and imputability. The accusation as well as the
evidence supporting the facts and imputability must be made known to
the member concerned, and this member must be given the opportunity
of self defense. Defense made by the member should be in writing, and
should he or she wish to give it orally it can be subsequently written and
attested to by the notary. Telephone communication does not suffice for
notifying the member concerned, since it does not constitute juridic proof
of contact. Registered mail with return receipt addressed to the party
concerned or to the party's next of kin would suffice. Although this canon
is not dealing with strict canonical monitions (as in C 697) comparable ,

procedures regarding notification and opportunity for defense could be

responsibly used. If the member concerned is unable to be contacted,
notification of impending dismissal action could be made through the
institute's official channel of communication or by posting in the house
to which the member is assigned. Refusal to accept notification or
preventing notification from reaching him or her on the part of the
member would be considered equivalent to notification. 25
256 / ELIZABETH MCDONOUGH, O.P.

This canon does not require the major superior to act in consultation
with his or her council, but all the acts of the case must be signed by
a notary in addition to the major superior. As indicated in C 698 below,
the member always retains the right of communicating directly with the
supreme moderator. The acts as collected by the major superior are
transmitted to the supreme moderator who then acts in accord with
CC 699 and 700 as indicated below.
C 696

§1. A member can also be dismissed for other causes, provided that they are
grave, external, imputable and juridically proven, such as: habitual neglect of
the obligations of consecrated life; repeated violations of the sacred bonds; per-
tinacious disobedience to lawful prescriptions of superiors in a serious matter;
grave scandal arising from the culpable behavior of the member; pertinacious
upholding or spreading of doctrines condemned by the magisterium of the
Church; public adherence to ideologies infected by materialism or atheism;
unlawful absence mentioned in can. 665, §2 lasting six months; other causes of
similar seriousness which may be determined by the proper law of the institute.

§2. Even causes of lesser seriousness determined in proper law suffice for the
dismissal of a member in temporary vows.

u
This canon does not refer to a "delict" directly as mentioned in C 695,
whence the requirements of penal law do not strictly apply to the inter-
pretation of this canon. Nevertheless, the procedure and consequences
are penal in nature and have been treated as such by SCRIS when deal-
ing with dismissals as has previously been noted in the introductory
remarks for these canons on dismissal. The four elements usually required
of delicts are mentioned: grave, external, imputable, and juridically
proven. Legal imputability involves dolus and culpa (1983 CIC 1321)
and juridically proven acts require all the formalities indicated in pro-
cedural and penal legislation. The examples indicated, which do not con-
stitute a taxative or exhaustive listing of possible reasons for dismissal,
are generic in nature (with the exception of the six-months absence con-
trary to C 665, §2) but are directed against matter fundamental to the
obligations of consecrated life in the Church.

The terminology canon clearly indicates that the violations en-

of the
visioned are not occasional or out of context behavior on the part of the
member but rather habitual or repeated or pertinacious or public
behavior that can fulfill the four requirements of the canon. Habitual
or repeated violations may be in the same matter or different matters
protracted over an extended period of time. The matter involved for
 Separation of Members from the Institute / 257

disobedience or scandal must be grave. Should an institute wish to in-

clude other matter in its proper law that might warrant dismissal ac-
tion, this should be clearly articulated and must, according to the canon,
be of the same gravity as those already indicated.

§2

This paragraph is the only reference the 1983 Code makes to a difference
intreatment for any professed member of any institute with respect to
vows. Note that a temporarily professed member also qualifies for the
dismissal indicated in §1 of this canon as well as the dismissals possible
in CC694 and 695. Since a member in temporary profession may be
granted an indult of departure by C 688, §2, or leave at the expiration
of profession by C 688, §1, or be refused subsequent profession by C 689,
§1, this present canon would probably only be operative if a grave mat-
ter, albeit less grave than required for §1, were concerned. The require-
ments of external, imputable, and juridically proven would still hold,
however, and the canon also requires such less grave causes to be ar-
ticulated in the proper law of the institute. It would not be advisable
to include such in an institute's proper law unless there are matters which
clearly apply only to those temporarily professed and which have been
specific difficulties for the institute.

C 697

In the cases mentioned in can. 696, if the major superior, after having heard
the council, believes the process of dismissal is to be begun:
1° the major superior is to collect or complete proofs;
2° the major superior is to warn the member in writing or before two witnesses
with an explicit threat of subsequent dismissal unless the member reforms, the
cause of the dismissal be clearly indicated and the member is to be given
is to
the full opportunity of self-defense; but if the warning is in vain the superior
is to proceed to a second warning, after an intervening time of at least fifteen days;

3° if this warning also has been in vain and the major superior with the coun-
cil believes that there is sufficient proof of incorrigibility and that the defenses
of the member are insufficient, and fifteen days have elapsed since the last warn-
ing without any effect, the major superior is to transmit to the supreme moderator
all acts, signed by the major superior and a notary, along with the signed response
of the member.

This right to act given to the major superior, who as previously noted
may or may not be the supreme moderator depending on the organiza-
tion of the institute, is facultative and not preceptive. The major superior

is not bound to initiate a process of dismissal, and before he or she acts

258 / ELIZABETH MCDONOUGH, O.P.

the council must be heard which means the advice given is not binding
although the canons on consultation indicate that such advice should not
be disregarded without good reason (C 127, §2, 2°). Once the decision
is made to initiate the process of dismissal, the prescriptions of this and
the following three canons must be carefully observed or, upon recourse,
the dismissal maybe nullified for lack of proper procedure. 26
To "collect and complete proofs" means that the alleged transgres-
sions must be documented regarding their gravity, their external nature,
their being properly attributed to the person in question, and their juridic
value. Civilly recognized documents as well as sworn statements attested
to by witnesses suffice in these matters, whereas conjectures, hearsay in-
formation, or things for which a person cannot be held morally respon-
sible do not suffice. Record of having warned a member in writing is
had if done by direct delivery or by registered mail with return receipt,
and as noted under C 695, §2 the member who prevents notification from
reaching himself or herself can be considered as having been notified.
Such attempts and the nonacceptance of the member concerned should
be carefully noted in the acts. If the warning to the member is given
orally with two witnesses this should be subsequentiy recorded and signed
by the major superior and witnesses and included in the acts.
The warning to the member must contain specific mention of (1) the
action or actions of the member which gave rise to initiation of the proc-
ess, (2) the action or actions expected of the member that would con-

stitute amendment or at least are being required of the member by the

major superior, and (3) the threat of subsequent dismissal if the member
does not act according to the actions imposed.
The member must also be given the opportunity of presenting a
defense of his or her actions, and this should be in writing or transcribed
if given orally and included in the acts of the case. If fifteen days have

elapsed from the receipt of the warning by the member and the presen-
tation of defense notwithstanding, he or she has not altered behavior as
requested, another warning containing the same specific information as
in the first shouldbe given in the same manner. If, after another fifteen
days have elapsed from receipt of this warning by the member and the
presentation of another defense notwithstanding, the major superior and
council decide that the member is — that not willing or
incorrigible is,

not able to alter his or her behavior — and that the defenses presented
do not suffice to negate this judgment, then all the acts and responses
signed by those indicated are sent to the supreme moderator or, if the
major superior is the supreme moderator of the institute, to the compe-
tent authority as indicated in CC 699 and 700.
 Separation of Members from the Institute / 259

C 698
In all cases mentioned in cann. 695 and 696, the right of a member to com-
municate with and offer a defense directly to the supreme moderator always
remains intact.

Obviously, if the major superior and the supreme moderator are the same
person, the requirements of this canon are met by the communications
and presentations of defense as indicated in C 697. This canon protects
member to communicate
the right of the directly with the person who,
according to the next canon, is responsible for issuing the actual decree
of dismissal.

C 699

With the council, which must have at least four members for validity,
§1.
the supreme moderator is to proceed collegially to the careful weighing of the
proofs, arguments and defenses; if it has been so decided by a secret ballot, the
supreme moderator is to issue the decree of dismissal, with the motives in law
and in fact expressed at least in summary fashion for validity.
autonomous monasteries mentioned in can. 615 the decision on dismissal
§2. In
whom the superior is to submit the acts ex-
pertains to the diocesan bishop, to
amined by the council.

u
The supreme moderator with a council of not less than four members
weighs the merits of the acts of the entire case. If the council of a particu-
lar institute should consist of less than four members, the supreme
moderator with the approval of the other members of the council may
appoint the additional member or members needed or these may be in-
dicated in the proper law of the institute for such circumstances. 27 By
majority vote of a secret ballot, the supreme moderator and council decide
whether or not to issue a decree of dismissal. The supreme moderator
must act according to the decisive vote. The decree which is subsequently
issued must contain references to the law that pertains to the case at hand
as well as the circumstances substantiated by the acts which prompted
the issuance of the decree. These need not be profuse but should clearly
delineate the pertinent matter of the case in summary fashion at least.
The decree so issued has no force until confirmed as required by C 700,
which also indicates additional requirements for the validity of the decree.

§2

Upon completion of the requirements indicated in C 697, since the

monastery mentioned in C 615 has no major superior beyond its own
260 / ELIZABETH MCDONOUGH, O.P.

moderator and is not associated with any other institute of religious so

that its superior has true power over this monastery and, since the re-
quirements of C 698 are automatically fulfilled, the acts of the case should
be submitted directly to the diocesan bishop. The diocesan bishop decides
whether or not to issue a decree of dismissal based on the information
and opinions submitted by the major superior, council, and member con-
cerned as required by C 697. The decree so issued has no force until con-
firmed as required by C 700.
This canon does not mention a procedure for monasteries of any other
category such as those in federations or confederations where there is a
supreme moderator (other than the major superior) who has actual power
over the monastery as delineated by the constitutions. In these cases the
norms of proper law in addition to the directives of CC 697, 698, and
699, §1 must be followed. In any case the decree so issued has no force
until confirmed as required by C 700.

C 700

A decree of dismissal does not take effect unless it has been confirmed by the
Holy See to whom the decree and all the acts are to be transmitted; if it is a
question of an institute of diocesan right, the confirmation belongs to the bishop
of the diocese where the house to religious is assigned is situated. The
which the
decree, for validity, must indicate the right which the dismissed religious enjoys
to have recourse to competent authority within ten days from receiving the
notification. The recourse has a suspensive effect.

For an institute of diocesan right, the decree of dismissal issued accord-

ing to C confirmed by the bishop of the diocese where the house
699, § 1 is

to which the member in question is assigned. His confirmation of the

decree gives it legal force. For an institute of pontifical right the decree
of dismissal issued according to C 699, §1 is confirmed by SCRIS. SCRIS
confirmation of the decree gives it legal force. Since only the decree of
dismissal in diocesan institutes comes under the competence of the
diocesan bishop according to this canon, the decree issued by the bishop
for autonomous monasteries as indicated in C 699, §2 must also be con-
firmed by SCRIS before it has legal force.
For validity, in addition to expressing at least in summary fashion
the motives in law and in fact for dismissal as required by C 699, §1,
the decree must indicate that the member being dismissed has the right
of recourse to the competent authority within ten days of receiving
notification of the dismissal. SCRIS is the competent authority for
recourse against any decree of dismissal. 28
Recourse may be placed directly
by the person being dismissed or through the person who communicated
 Separation of Members from the Institute / 261

the decree. It should be done in writing but verbal indication of the desire

to have recourse communicated to the person executing the decree suf-

fices because that person should pursue the request as indicated in writing
to SCRIS.
That the recourse against a decree of dismissal has suspensive effect
means, simply, that the member still belongs to the institute with all the
rights and obligations arising from profession unless these have been
restricted or lost in some other manner indicated in general or proper
law. Since any decree except that for a diocesan institute has legal force
subsequent to SCRIS confirmation, such confirmation contains the ex-
approval of SCRIS for the dismissal action after having carefully
plicit
considered the behavior, procedure, and decision of the supreme
moderator and council. However, upon recourse the case is reinvestigated
and this may result in the presentation of new information, the discovery
of an injustice, the perception of biased or subjective judgments at various
stages of the process, or even a procedural formality that might warrant
reversal of the original decree. If a dismissal is reconfirmed upon recourse
to SCRIS, the only other recourse for the dismissed member would be
to the Apostolic Signatura, which has competence only if violation of
procedure, and not the merit of the case itself, is being questioned. 29
If recourse is made to SCRIS against confirmation of a decree of a
diocesan bishop for an institute of diocesan right, SCRIS could — being
the higher ecclesiastical authority — reverse the confirmed decree, but cer-
tainly would not do so without careful investigation of the case and con-
from reconfirmation of the decree
sultation with those involved. Recourse
by SCRIS could be referred to the Apostolic Signatura but only on the
same basis as mentioned above.

C 701

Vows, and obligations derived from profession cease ipso facto by

rights
legitimate dismissal. However, if the member is a cleric, he cannot exercise sacred
orders until he finds a bishop who receives him after a suitable probationary
period in the diocese according to can. 693 or at least allows him to exercise sacred
orders.

The wording of the canon makes it clear that all rights and obligations
arising from profession as well as the obligations of the vows cease by
reason of legitimate dismissal. This effect does not take place during the
process of recourse as noted in C 700. Definitive dismissal from an insti-
tute results in complete severing of the juridic bond between the member
and the institute.
262 / ELIZABETH MCDONOUGH, O.P.

same manner as mentioned for the canons concerning exclaus-

In the
tration (C 687) and for the canons concerning an indult of departure
(C 693) clerics cannot function in any diocese except in union with the
,

diocesan bishop and under his authority. For an indult of departure or

for dismissal the incardination of the cleric in the institute ceases, and
he must find a bishop who is willing to incardinate him permanently
or accept him experimentally or at least let him function in the diocese.
In practice those things warranting dismissal often also warrant the im-
position of other ecclesiastical sanctions when clerics are involved de-
pending on the specifics of each case. If in any case a benevolent bishop
cannot be found recourse should be had to the Holy See as indicated for
C 693.

C 702

§1. Those who have legitimately left a religious institute or have been legiti-
mately dismissed from one can request nothing from it for any work done in it.

§2. The institute however is to observe equity and evangelical charity toward
the member who is separated from it.

§1

The canon excludes the possibility in law of the former member requesting
or obtaining compensation for any and all work done while in the insti-
tute.Those automatically dismissed according to C 694, §1 are included
in thiscanon whether or not the declaration of C 694, §2 has been made
(although the declaration should not on that account be omitted) Those .

who have illegitimately left the institute should be dismissed according

to the procedure of CC 696-700 if it is ascertained that they have no
intention or desire to return and regularize their status.

§2

Whereas §1 legally excludes the right of the former member to compen-

sation for his or her work while in the institute, §2 legally requires the
institute to treat the former member with equity and charity. In context
the canon appears to refer to monetary compensation although this is

not specifically mentioned in either paragraph. If the member retained

ownership of her goods by profession, these obviously still belong
his or
to him and the cession of administration, disposition of use and
or her
usufruct, as well as the will mentioned in C 668, §1 should be returned
to the person who should alter them as needed. If the member renounced
ownership by profession or by choice as indicated in C 668, §4, this renun-
ciation would no longer hold with respect to future acquisition of goods.
 Separation of Members from the Institute / 263

If a member may have brought a dowry as formerly required by the 1917

Code or may even now be required by proper law, the principal should
be returned in full to the former member. Strictly speaking the former
member has no right to income from the investment of any dowry while
he or she was a member of the institute, since in its origin dowry income
was the means of support for the members of institutes without other
means of fixed income. If, however, the income from any dowry may
be judged proportionately greater than any expenses which might have
been incurred while the religious was a member of the institute, it seems
this should be taken into consideration when observing the equity and
charity mentioned by the canon.
Equity and evangelical charity are not defined by the canon and ob-
viously admit of different degrees of assessment and application in par-
ticular cases. In any case they are not fundamentally restricted to
monetary matters and a recent decree of SCRIS (Deserunt praebendo,
January 25, 1974) notes that institutes should provide for the spiritual,
moral, social and economic welfare of former members and that institutes
should likewise investigate programs whereby these provisions can be
made available.

C 703

In the case of serious exterior scandal or very grave imminent harm to the
institute a member can be immediately expelled from the religious house by the
major superior, or, if there is a danger in delay, by the local superior with the
consent of the council. If it is necessary the major superior should see that the
process of dismissal is begun according to the norm of law or refer the matter
to the Apostolic See.

The canon immediate expulsion from the house and not

clearly refers to
dismissal from the institute. The competent
authority is the major superior
or the local superior with the consent of the council. The canon does not
require the major superior to consult the council but, since either the
dismissal process may be initiated or the matter may be referred to the
Apostolic See, some consultation by the major superior is prudently indi-
cated if time and circumstances permit. The reasons for expulsion from
the house are two only: (1) serious exterior scandal or (2) very grave im-
minent harm to the institute. For the first, the matter would have to
be objectively serious, known outside the religious house, and actually
causing scandal. For the second, the harm must be very grave, actually
about to happen, and be a real threat to the good of the institute. In
order to act in either case, the competent superior must judge that the
scandal or harm cannot be otherwise avoided, that it is morally certain
264 / ELIZABETH MCDONOUGH, O.P.

to occur unless some action is taken, and that the scandal or harm per-
tains to the institute and not to one or a few persons only.
The canon gives no indication as to where the religious so expelled
from the house should be sent, but common sense dictates that he or she
should be sent to a clearly specified place (preferably another house of
the institute if at all possible) with clearly specified expectations articu-
lated and that the competent superior if necessary should then proceed
with one of the two options indicated in the canon. Note also that the
canon does not give any indication regarding the number in reference
to the scandal or harm, since the wording itself is so strong as to indicate
that one instance truly fulfilling these requirements would suffice for such
expulsion from the house. Recall however that the process of dismissal
requires much more than this in order to be pursued to conclusion thus
indicating that referring the matter to the Apostolic See might in some
cases be the better choice. If the scandal or harm is duly averted by the
action permitted in this canon, the major superior should initiate the pro-
cess of dismissal or contact the Apostolic See only if either is judged
necessary, since the canon does not require this step.

C 704

The report to be sent to the Apostolic See referred to in canon 592, §1 is to

mention members separated from the institute in any way whatsoever.

Members any stage of any process included in CC 684-703 should be

in
mentioned. Thus those in transfer, those on voluntary or imposed ex-
claustration, those with profession of temporary vows who have requested
and received an indult of departure, those who have not been admitted
to first or subsequent profession, those for whom dismissal has been in-
itiated or completed, and those expelled from the house are part of this
report. Once a process of separation has been completed and the member
has been duly mentioned in the report, he or she need not be mentioned
in subsequent ones. Thus, for example, a member on voluntary
exclaustration should be mentioned in each report submitted for the time
which encompasses any portion of the exclaustration but need not be men-
tioned in subsequent reports as having in the past been on exclaustration.

DISMISSAL: STANDARD PROCEDURE

Since the procedures for dismissal are clearly indicated in the respective
canons (automatic dismissal in C 694; required dismissal for certain delicts
in C 695; and possible dismissal for the causes in CC 696-700), the pro-
 Separation of Members from the Institute / 265

cedure will not be repeated here for each of these. The process of
CC 697-700 is the most common and includes:
1. the major superior having heard the council initiating the process,
2. collecting and completing the proofs,
3. warning the member in writing or in the presence of two witnesses about
the cause of concern, the desired amendment, and the possibility of
dismissal,
4. allowing the member full faculty of defense communicating directly with
the supreme moderator if so desired,
5. warning the member again in the same manner with the same right of
defense after fifteen days have passed since communication of the first
warning,
6. the major superior deciding with the council after fifteen days have passed
since communication of the second warning that incorrigibility is suffi-
ciently manifest and the member's defenses are inadequate,
7. transmitting all the acts including the member's defense to the supreme
moderator who, with the decisive vote of at least a four-member council,
issues a decree of dismissal (unless it involves an autonomous monastery
as in C 615),
8. the decree, expressing the summary motives in fact and in law and indi-
cating the right of recourse with suspensive effect, confirmed by the com-
petent authority as indicated in C 700.

DISMISSAL: CHANGES IN THE 1983 CODE

1. The reasons for automatic dismissal have been limited to two, drop-

ping that of dismissal for running away with a person of the opposite
sex which was included in the 1917 Code.
2. There is no distinction made between the effects of departure or

dismissal for those in temporary profession and those in perpetual pro-

temporary profession under the 1917 Code
fession. After dismissal those in
were automatically dispensed from vows while those in perpetual pro-
fession were still under vow unless otherwise indicated. The 1983 Code
frees all those dismissed from the vows and the rights and obligations
of profession.
3. There are no longer distinct procedures for persons of different
religious status, clerical status, and sex as were contained in the 1917
Code.
4. There are no automatically incurred sanctions for clerics by reason
of dismissal itself.

5. Since the vows, rights and obligations of profession cease with

dismissal under the 1983 Code, there are no requirements for subsequent
266 / ELIZABETH MCDONOUGH, O.P.

amendment and return to the institute for those who had been perpetually
professed at the time of dismissal.
6. There is no distinction based on sex as to whom should be treated

with charity and equity after departure, whereas the 1917 Code in
C 643, §2 gave preference to women in this regard and did not mention
men at all.

DISMISSAL: SPECIAL QUESTIONS

1 . What if the major superior is not certain whether the requirements

of CC 694, U; 695, §i, and 696, §i are sufficiently fulfilled to warrant
declaration of or initiating the process of dismissal?
In cases of uncertainty, and even in cases where the major superior
is rather certain regarding these requirements, a competent canonist
should be consulted so that precipitous or erroneous actions are not taken.
2. What if the member refuses to receive the required warnings by
returning unopened letters, not appearing when summoned, not answer-
ing the phone, etc.?
Should any of these be the case attempts might be made to contact
themember through family or friends. Since legally one who has never
been properly warned cannot be dismissed, a legally knowledgeable
member might use these means to avoid this action. After repeated and
carefully documented attempts to contact and warn the member, the
entire acts of the case should be referred to the Apostolic See.
3. What if a member refuses to offer any defense in response to the
warnings?
The law requires that the right of defense be afforded the member.
If the member chooses not to exercise that right, it should be carefully
noted in the acts.

RELIGIOUS RAISED TO THE EPISCOPATE:

NOTION AND HISTORY
The question of whether or not those who were monks (the only form
of "religious" at the time) could be chosen as bishops was decided in the
early centuries by Pope Siricius, who in 385 decreed that bishops could
be aut ex monachis aut ex clericis. 30
Pope Innocent I in 404 made it clear that monks who became bishops
were still monks, however; and Gregory I in 506 stated that a monk ought
not to accept any office outside the monastery without the approval of
his abbot. 31 Hadrian II in 870 required that monks who were bishops
retain the style and color of their religious garb. This regulation was main-
 Separation of Members from the Institute / 267

tained with various alterations until 1969 when the rules for dress, titles,

and coats-of-arms of cardinals, bishops, and other prelates were simplified

and unified after Vatican II by Paul VI. 32
Legislation and practice regarding religious who are bishops is eclectic
and gradual stemming from the tenth-century Council of Altheim (916),
which legislated regarding garb, property, and permissions, from Sixtus
V, who in 1586 indicated that at least some bishops and cardinals should
be named from among regulars or mendicants, from Paul IV, who in
1559 negated active and passive voice in their institutes for bishops who
were religious, from Clement XIV, who in 1716 reaffirmed the Council
of Altheim's decision that the goods coming to a "religious" bishop were
acquired for the Church or diocese unless specifically given to his person
and from Benedict XIII, who in 1726 decreed that
or to his institute,
former "religious"bishops and cardinals could choose a place to live even
outside a house of the institute after retiring from active service as
bishops. 33 The 1917 Code incorporated the extant legislation at the time
and included canons regarding religious priests who were pastors in the
same section. The 1983 Code is highly simplified in this regard dealing
only with religious who are bishops, including regulations on "religious"
pastors in the canons treating pastors, and leaving decisions regarding
active or passive voice in the institute to the proper law of the institute. 34
Since these canons concern only a small number of persons in very
specific circumstances, and since these persons usually are highly qualified
canonically, the following comments will be appropriately brief and
primarily informational for those who are not numbered among this
group of persons.

RELIGIOUS RAISED TO THE EPISCOPATE: CC 705-707

C 705

A religious raised to the episcopate remains a member of his own institute but
is subject to the Roman Pontiff alone in virtue of his vow of obedience and is
not bound by obligations which he himself prudently judges cannot be recon-
ciled with his position.

The canon makes clear that a bishop who belongs to any religious insti-
tute remains a member of the institute but is removed from the power
of the superiors of the institute with respect to the vow of obedience.
He is the judge of which obligations can or cannot be reconciled with
his position as bishop, but obviously would not include such matter
this
as the constitutive elements of the vows. The principle operative here
is that the religious who is a bishop has at least as much dispensing power
268 / ELIZABETH MCDONOUGH, O.P.

with respect to his obligations in the institute as the supreme moderator

of the institute and also has the dispensing powers of a bishop according
to law.

C 706

As regards the above-mentioned religious:

if through profession he has lost the ownership of goods, he has the use of
1°

goods which come to him as well as their revenues and administration; however
the diocesan bishop and those mentioned in can. 381, §2 acquire the ownership
for the particular church; all others, for the institute or the Holy See depending
on whether the institute is capable of ownership or not;
2° if through profession he has not lost the ownership of goods, he regains
the use, revenues and administration of the goods which he had; he fully ac-
quires for himself those which come to him afterwards;

3 in either case, however, he must distribute goods coming to him according

to the will of the donors when they do not come to him for personal reasons.

By C 668, §1 all religious cede the administration of their goods and

dispose of their use and revenues prior to first profession. By C 668, §4
and §5 and the proper law any institute, the individual religious may
of
also have renounced ownership of goods. If ownership has been re-
nounced by the religious as a consequence of the vow of poverty, the
"religious" bishop may now acquire goods either for the institute or for
the Holy See if cannot acquire goods (as, for example,
the institute itself

Capuchins or Carmelites). however, he is a diocesan bishop or is in

If,

charge of a community of the faithful equivalent to a particular church

so that he is equivalent to a diocesan bishop (as, for example, an apostolic
vicar or apostolic prefect) he acquires goods for the particular church
,

instead of for the institute or for the Holy See. In any case he has the
use, administration, and revenues of the goods which come to him as
35
bishop.
If the "religious" bishop has not renounced ownership by profession
in his institute, he can still acquire goods as a bishop and also regains
the use, revenues, and administration of the goods he had. Thus the ces-
sionand disposition of C 668, §1 are nullified by the prescriptions of this
canon for those religious who become bishops. Nevertheless, any goods
acquired must be distributed according to the desires articulated by the
donor whenever there are any stipulations for their use or whenever the
goods are not intended specifically for the person as such.

C 707

§1. A retired religious bishop may choose a place to live for himself even out-
 Separation of Members from the Institute / 269

side the houses of his institute unless something else has been provided by the
Apostolic See.

§2. If he has served a certain diocese, suitable and worthy sustenance is to

be his according to can. 402, §2 unless his own institute wishes to provide that
sustenance; otherwise the Apostolic See is to provide.

This canon makes clear that residence for a retired bishop is entirely at
the discretion of the retired bishop unless the Apostolic See indicates other-
wise. Likewise it makes clear that for a bishop who has served a diocese,
the diocese has the primary responsibility to provide suitable and worthy
sustenance for the retired bishop. The institute may wish to provide that
sustenance even though the diocese has the primary responsibility ac-
cording to this canon. C 402, §2 also mentions the episcopal conference
as providing sustenance for retired bishops. If the "religious" bishop has
not served a diocese (and even he has), the institute has some responsi-
if

bility for providing sustenance by reason of his membership in the insti-

tute as such. Since C 402, §2 mentions the responsibility of the episcopal
conference with respect to any (that is, not just diocesan) bishops who
are retired, the episcopal conference would have some responsibility also
in this regard. Nevertheless, the final portion of this canon and of C 402,
§1 indicate clearly that the Apostolic See should ultimately provide for
any retired bishop who has not served a diocese or for whom certain other
conditions or circumstances apply.

CONFERENCES OF MAJOR SUPERIORS:

NOTION AND HISTORY
At the initiative of Pope Pius XII, and for the purpose of providing a
forum to share experiences, visions, and similar problems, the First In-
ternational Congress of the States of Perfection was held in Rome from
November 26 to December 8, 1950. This and additional similar meetings,
including the International Congress of General Superiors held in Rome
from September 11-13, 1952 and the Second General Congress of the
States of Perfection held in Rome from December 8-14, 1957, resulted
in the formation of approximately twenty-five conferences of major
superiors by 1957 and foreshadowed the articulations regarding con-
ferences of major superiors as contained in PC 23, CD 35, AG 33, and
36
ES II 21, 42, 43.

The statutes for the International Union of Superioresses General were

first approved on December 6, 1965 and revised on June 8, 1967. The
statutes of the International Union of Superiors General were first ap-
proved on May 29, 1967 and revised on June 28, 1972. 37 Presently in the
270 / ELIZABETH MCDONOUGH, O.P.

Western Hemisphere the Conference of Latin American Religious

(CLAR), the Canadian Religious Conference (CRC), the Leadership
Conference of Women Religious (LCWR), and the Conference of Ma-
jor Superiors of Men (CMSM) are established and operate to promote
unity and interdependence in matters of mutual concern and to provide
a practical and effective means for religious and hierarchy to dialogue
and collaborate for the good of the Church. 38
There is no parallel in the 1917 Code for these canons on conferences
of major superiors because such entities did not exist at that time.

CONFERENCES OF MAJOR SUPERIORS: CC 708-709

C 708

Major superiors can usefully associate in conferences or councils so that join-

ing forces they can work toward the achievement of the purpose of their individual
institutes more fully, always with due regard for their autonomy, character and
particular spirit, transact common business and foster suitable coordination and
cooperation with conferences of bishops and also with individual bishops.

Note that the canon is very general allowing wide possibility for imple-
mentation. The purpose of such conferences is to foster cooperation and
coordination with both episcopal conferences and individual bishops. 39
Such associations should help care for common concerns while maintain-
ing the autonomy of the institutes involved. The canon does not man-
date conferences or councils of major superiors but the Apostolic See is
clearly in favor of them in light of their historical development which
was initiated by Pius XII over thirty years ago. 40
C 709

Conferences of major superiors are to have their own statutes approved by

the Holy See, by which alone they can be erected, even as a juridic person, and
under whose supreme governance they remain.

The canon makes clear that only the Holy See can approve the statutes
of conferences of major superiors and only the Holy See can formally
erect such a conference. Such organizations may or may not be juridic
persons depending on the manner in which they are formally approved.
If a conference is a juridic person (comparable in the Church to a cor-

poration in the civil sector) it has the rights of such an institute including
owning and administering property and is likewise bound by the obliga-
tions of juridic persons as contained in CC 113-123.
 Separation of Members from the Institute / 271

NOTES
1. Anne Fulwiler, Transfer and Readmittance in Non-Clerical Institutes of Simple

Vows (unpublished license thesis, Washington: Catholic University of America, 1980) 6-10;
T. Schaefer, De Religiosis (Rome: Vatican Polyglot Press, 1947) 885-87; F. X. Wernz and
P. Vidal, Ius Canonicum, vol. Ill: De Religiosis (Rome: Gregorian University, 1933) 449-52.
2. C CC 603 and 604
607, §2 indicates the qualities of a religious institute as such.
mention hermits and consecrated virgins as canonically recognized forms of consecrated
life. C 684, §5 deals with transfers to or from secular institutes or societies of apostolic life.

3. See CC 620 and 622, respectively, for those who qualify as major superiors and

supreme moderators by general law.

4. C 668, §1 and §2.
5. Houses of canons regular (not ordinarily found in the United States) and of monks
(monachorum) are described in C 613, §1 as self-governing. Self-governing monasteries
of nuns (monialium) are mentioned in C 616, §4. The monasteries which would not qualify
for the transfer of members as mentioned in C 684, §3 are those described in C 615.
6. CC 648, and 655. The ordinary maximum for novitiate and temporary profes-
§1
sion are two years and six years, respectively (CC 648, §3 and 655), meaning the person
transferring could easily have spent up to eight years in formation prior to probation in
the new institute.
7. CC 730 and 744, §2, respectively.
8. Acta Commissionis, Comm 13 (1981) 326, 328.
9. AAS 31 (1939) 321.
10. CC 697-700. The usual procedure for imposed exclaustration, also known as ex-
claustration ad nutum Sanctae Sedis, is known only from the practice of the Sacred Con-
gregation as it has been utilized since 1953.
11. CLD, 1978 Supplement, C 639.
12. Schaefer, 906; Acta Commissionis, Comm 13 (1981) 335.
13. SCRIS, February 5, 1925, AAS 17 (1925) 107.
14. The Latin of the 1980 Schema canon 616 was readmitti but was changed to rursus
admitti possibly to clarify that the admission was to the same institute (i.e., again) and
not to another. A similar clarification was made by the Sacred Congregation in 1973 regard-
ing the readmission mentioned in RC 38 as referring to readmission to the same institute,
CLD 8:359.
15. Schaefer, 909-10, 916-18.
16. Acta Commissionis, Comm 13 (1981) 334.
17. In keeping with the universal law regarding rescripts, they can be refused and need
not be used unless some other requirement of law so obliges (CC 62, 71). This was the
case for such indults under the 1917 Code, but the practice of the Sacred Congregations
since 1953 has been to add a clause indicating that such indults were void unless accepted
by the petitioner within ten days of notification. Although this practice could have been
continued a clear choice was made to include the requirement for this formal act at the
time of notification. CLD IV:239 and Acta Commissionis, Comm 13 (1981) 338.
18. Rescripts in response to requests for indults of departure may refuse the request,
suggest other possibilities (such as exclaustration) to alleviate the situation, grant the re-
quest as submitted, or grant it with imposition of certain qualifications (such as the non-
possibility of rejection).
19. Schaefer, 920-22; CLD 4:244.
20. AAS 66 (1974) 215 and Informationes (1976) 83-86.
272 / ELIZABETH MCDONOUGH, O.P.

21. By C 1364 apostates, heretics, and schismatics (who are not specifically the sub-
ject of C 694) also incur automatic excommunication and, if they are clerics, are subject

to additional penalties. CC 1335, 1342, 1355, and 1356 indicate different consequences
and non-declared automatically incurred
for declared penalties according to circumstances
and competent authority.
22. 1917 CIC 2195, §1.
23. 1983 CIC 1313, §1 and 1321, §1.
24. C in which penalties simply do not apply, and C 1324
1323 indicates instances
indicates instances in which penalties do apply but may be tempered or other penances
may be utilized instead. Important to remember is that penalties are not incurred by per-
sons who act unknowingly or unwillingly or imperfectly and that the general principles
of law dictate restriction rather than extension in harmful matters. The rights and dig-
nity of individuals in these cases must be carefully balanced with the rights of the institute
and the seriousness of the matter concerned.
25. Schaefer, 971, 974. The manner of notification is adapted from 1917 CIC 2143
and 2309, which are comparable to 1983 CIC 1509 and 1510. Proof of notification or
attempts thereof are required, since the canon requires the member to be afforded to the
possibility of defense, which right is clearly not respected if the person is not notified of
the impending action.
26. For actual examples in which dismissals have been reversed after recourse to the
Holy See because of finding irregularities in procedure, see CLD 8:430-37 and CLD 1979
Supplement, C 651.
27. This parallels the manner of supplying for necessary councillors in similar actions
in collegiate tribunals in the 1917 Code CC 655, §1 and 516, §1. The 1983 Code does
not specify the manner for supplying the required number of councillors.
28. Schaefer, 953-55.
29. The Apostolic Signatura is competent to pass judgment on the admissibility of
recourse or on the illegality of an impugned act after a decision has been made by any
other department of the Roman Curia within its respective area of competence, (Reqimini
Ecclesiae Universae, August 15, 1967).
30. Joseph J. Marositz, Obligations and Privileges of Religious Promoted to the Episcopal
and Cardinalitial Dignities (Washington: Catholic University of America, 1948) 11-12.
31. Marositz, 13-14.
32. Martin V in 1420 excommunicated some exempt mendicants who were titular
bishops in foreign lands for not complying with the wearing of religious garb. Benedict
XIII in 1726 reiterated the requirement of religious garb — adjusted only with respect to
type of material — for regulars and mendicants who were bishops. Eventually more and
more of the "episcopal" attire was granted to this category of bishops, and Paul VI (Ut
sive sollicite, March 31, 1969) required the use of the same attire for all bishops. Marositz.
15, 28, 40, and AAS 61 (1969) 334.
33. Marositz, 16-21, 37, 46, 53-54.
34. Acta Commissionis, Comm. 13 (1982) 362-64.
35. CC 381, §2 and 368 indicate the equivalencies of various particular churches ac-
cording to the new Code.
36. For a comprehensive history of the evolution of such conferences with special
reference to LCWR, see Margaret Mary Modde, A Canonical Study of the Leadership
Conference of Women Religious of the United States of America (Washington: Catholic
University of America, 1977) from the first few chapters of which this historical informa-
tion has been culled, especially 1, 49-56, 63-67, 74, 78, 100, 102.
 Separation of Members from the Institute / 273

37. CLD 6:448-55 and 472-76; CLD 462-67 and 472-77.

38. Modde, 107, 152, 170.
39. In the United States the NCCB has commissions for both men and women religious.
The LCWR and CMSM are associations related to the USCC.
40. Modde, 110-11. In fact, the then Sacred Congregation for Religious indicated to
the April 9, 1956 meeting of the executive committee of the National Congress of Mothers
General in the United States that it favored the formation of such a conference while the
executive committee objected that such an organization would merely duplicate the work
being done by other groups such as the National Catholic Welfare Conference and the
Sisters' Formation Conference.

BIBLIOGRAPHY
Abbo, J., and Hannan, J. The Sacred Canons. 2 vols. Rev. ed. St. Louis:
Herder Book Co., 1957.
AAS. Rome: Typis Polyglottis Vaticanis, 1909-.
Bouscaren, T., Ellis, A., and Korth, F. Canon Law. 4th rev. ed. Milwaukee: Bruce
Publishing Co., 1966.
Bouscaren, T., and O'Connor, J. I. CLD. 8 vols. Milwaukee: Bruce Publishing Co.,
1917-1969. Chicago: Chicago Province S.J., 1974, 1978.
Commentarium pro Religiosis et Missionariis. Rome: Claretian Institute, 1920-.
Comm. Pontifical Commission for the Revision of the Code of Canon Law, 1969-.
Conciliorum Oecumenicorum Decreta. 3rd ed. Joseph Alberigo, ed. Bologna: Institute
per le Scienze Religiose, 1972.
Creusen, J., and Ellis, A. Religious Men and Women in Church Law. Milwaukee: Bruce
Publishing Co., 1957.
Dinn, M. J., Tessier, L., and Courneene, E. Canonical Documentation on Consecrated
Life (1963-1976). Ottawa: Saint Paul University, 1977. Private distribution.
Fulwiler, Anne. Transferand Readmittance in Non-Clerical Institutes of Simple Vows.
Washington: Catholic University of America, 1980. Unpublished license thesis.
Informationes. Sacred Congregation for Religious and Secular Institutes, 1967-.
Marositz, Joseph J. Obligations and Privileges of Religious Promoted to the
Episcopal and Cardinalitial Dignities. Washington: Catholic University of America,
1948.
McDonough, Elizabeth. Ready Reference for the 1980 Schema of Canons on Consecrated
Life (with 1983 UPDATE). Columbus: Springs Press, 1983. Private distribution.
Modde, Margaret Mary. A Canonical Study of the Leadership Conference of Women
Religious of the United States of America. Washington: Catholic University of America,
1977.
Schaefer, Timotheus. De Religiosis. 4th ed. Rome: Typis Polyglottis Vaticanis, 1947.
Wernz, F. X., and Vidal, P. Ius Canonicum. VIII vols. vol. Ill: De Religiosis. Rome:
Gregorian University, 1933.
Secular Institutes
Canons 710-730

Thomas E. Molloy

INTRODUCTION
One of the great innovations of the revised Code is the presence of
secular institutes. It is to be hoped that their treatment in an organic
way in a text defining the institutions of the Church will draw attention
to secular institutes and make them better known and better understood.
Up to now, these institutes were ruled by three legislative texts:
the Constitution Provida Mater Ecclesia (February 2, 1947), the motu
proprio Primo Feliciter (March 12, 1948), and the Instruction Cum Sanc-
tissimus (March 19, 1948). Although these texts are abrogated by the new
Code, they are necessary background references and sources of the new
legislation whenever newer legislation is not contrary to their provisions.
The conciliar decree PC and the discourses of Paul VI and John Paul II
on secular institutes remain important.
Secular institutes are located in the Code under Institutes of Conse-
crated Life. They are, therefore, identified as one of two kinds of con-
secrated life, the other being Religious. It was after much discussion that
the generic term "consecrated life" was decided upon which, despite its
drawbacks, permits a clear demarcation between secular institutes and
religious institutes, while safeguarding their common characteristic com-
mitment to the evangelical counsels.
Obviously secular institutes are treated in other parts of the Code,
particularly the canonical condition of physical persons (CC 96-112),
juridic persons (CC 113-123), elections (CC 164-189), the faithful in
general (CC 204-231; 265-289), the administration of temporal goods,
etc.
It is Code has abandoned the vocabulary of "states
fortunate that the
of perfection" and the vocabulary of Provida Mater which could lead

275
276 / THOMAS E. MOLLOY

people to believe in a hierarchy in the institutes of perfection, the secular

institutes being a category of a third order behind religious. The generic
name of consecrated life permits the avoidance of all recourse to religious
vocabulary; even the decree Primo Feliciter still spoke of a life "substan-
tially religious." The terminology and the location of secular institutes
in the revised Code indicate the equal dignity of religious and secular
institutes.
The canons what the fundamental law of 1947 said
affirm positively
negatively, that is, members of secular institutes are not religious
that
and the law of the religious cannot be applied to them Positive expres- .

sion is found in C 711 which repeats affirmations repeated many times

by Pope Paul VI and by Cardinal Antoniutti, that is, that the members
do not change their canonical condition in the Church
of secular institutes
by reason of membership. Lay members remain lay people and diocesan
priests remain diocesan priests. It follows then that in the new under-
standing of consecrated life in the revised Code that religious having
special canonical condition in the Church is not by virtue of their con-
secration, but rather because of their common life which is a specific
character and which puts them apart from other Christian people.
Because of this, the Code will emphasize that members of secular
institutes live in the ordinary conditions of other people in the world.
The Code, therefore, proposes amore secular formulation than previous
legislation. Houses are no longer imposed on the general government of
a secular institute or for formation. In the entire manner and style of
life lay people are to live as lay people in the world, either alone or with

their families, and diocesan priests are to live as priests of their diocese.
As for the apostolate, for lay members the Code proposes two forms. The
first is to participate in the world and within the world by the witness

of a Christian life and especially by fidelity to a consecrated life while

pursuing a secular profession, living as a lay person in the world. Sec-
ond, by cooperating in the world of a secular Church which wishes to
order the temporal realities according to God. A distinctly subsidiary
manner of apostolate is that the members offer their collaboration in the
service of the Church. The Code insists more on the insertion of the lay
person in temporal reality in order to transform it in an evangelical man-
ner. The institute as such cannot take charge of ecclesial works. The
members may, individually, and in a personal way, collaborate in an
official ecclesiastical apostolate. At the same time, they must be careful
to remain lay and remain secular and to avoid specifically religious works
that might lead to a common life or diminish the secular character of
the institute.
 Secular Institutes / 277

The canons which follow then are for secular institutes a breath of
fresh air and a new recognition of their unique place in the life of the
Church.

C 710

A is an institute of consecrated life in which the Christian

secular institute
faithful living in theworld strive for the perfection of charity and work for the
sanctification of the world especially from within.

This canon locates secular institutes within the framework of consecrated

life. It recognizes secular institutes as an equal and distinct form of con-
secrated life along with religious institutes, institutes of apostolic life,
the eremetical and consecrated virginity. They are distinguished from
life,

religious institutes by the different characteristics the defining canons give

them. Religious institutes are characterized by community life, an ex-
ternal sign of consecration, and a certain separation from the world. In
contrast, the secular institutes are characterized by a consecration that
is lived in the world. There is no characteristic of separation from the

world, but rather members contribute to the sanctification of the world

from within. Likewise, as a general rule, there is no community life or
community of goods and no external sign of consecration. The member
lives as a person in the world and shares the life-style of his or her fellow
lay persons, or priests.

C 711

The consecration of a member of a secular institute does not alter the member's
proper canonical condition among the people of God, whether lay or clerical,
with due regard for the prescriptions of law affecting institutes of consecrated life.

The canons have already specified this about consecrated life in general.
Consecrated life does not pertain to the hierarchical structure of the
church, but rather to its life and its holiness. Consecrated life, likewise,
is by its nature neither clerical nor lay, but arises from among both

groups, as a special gift of the Holy Spirit to the People of God.

This is especially true of a secular institute. In the past, when the
canons tended to make religious part of the structure of the Church,
members of secular institutes were put in a very ambiguous position and
many times felt they were forced to be religious although they did not
want to be. A lay person who consecrates him or herself to God with
sacred bonds in a secular institute does not become less a lay person. In
a sense, it could be said that this person is more a lay person because
precisely as a lay person living in the world, he or she is consecrated to
God.
278 / THOMAS E. MOLLOY

The consecration is done within the physiognomy of the lay person

living in the world or of a diocesan priest living as a part of the

presbyterate of the diocese. Likewise, the secular priest who is consecrated
in a secular institute is not in the least separated from the rest of the
presbyterate of his diocese nor is he less a secular priest. By assuming
the sacred bonds and evangelical counsels as a secular priest, he conse-
crates himself precisely as what he is, a secular priest of a certain diocese,
and he strives to live a consecrated life under the precise conditions and
circumstances of the vocation to the diocesan priesthood in his particular
diocese.
A diocesan priest who is a member
of such an institute would avoid
requesting his bishop to assign him to live or work with other members
of his institute, since this would approximate the life-style of members
of a religious institute. He lives with other priests of his diocese precisely
as other diocesan priests and strives to live out his consecration.

C 712

With due regardfor the prescriptions of cann. 598-601, the constitutions are
to determine the sacred bonds by which the evangelical counsels are taken in
the institute and are to define the obligations flowing from these same bonds,
while always preserving, however, in its way of life the distinctive secularity
of the institute.

The canon is the same given to all

task given secular institutes in this
institutes of consecrated life. The
must specify exactly what
rule of life
the consecration entails and the sacred bonds and the way of living the
evangelical counsels must be specified. In another affirmation of the value
of a secular institute as a distinct form of consecrated life and not as a
watered down version of religious life, the canons direct these institutes
to preserve the distinctive secularity of the institute. They should be
careful, therefore, to avoid falling into patterns of life that more approx-
imate the religious form of consecrated life, for instance, community life,

community property, a religious-type habit, or other external sign of con-

secration or a preference for an apostolate under the auspices of the
church rather than a "secular" profession in the world. The same is true
for institutes of secular priests. Members should avoid any external in-
signia of consecration and avoid the temptation to want to live and work
together.

C 713

§ 1 . The members of these institutes express and exercise their own consecra-
tion in their apostolic activity and like a leaven they strive to imbue all things
 Secular Institutes / 279

with the spirit of the gospel for the strengthening and growth of the Body of
Christ.

§2. Lay members share in the Church's evangelizing task in the world and
of the world through their witness of a Christian life and fidelity toward their
consecration, and through their efforts to order temporal things according to
God and inform the world by the power of the gospel. Also, they cooperate in
serving the ecclesial community, according to their particular secular way of life.

§3. Clerical members through the witness of their consecrated life, especially
in the presbyterate, help their brothers by their special apostolic charity and in
their sacred ministry among people of Cod they bring about the sanctification
of the world.

This canon emphasizes the lack of separation from the world which is

a characteristic of a secular institute as opposed to a religious institute.

Members live in the world in the same condition as other lay people or
secular priests and for their consecration strive to be "like a leaven" im-
buing all things in the spirit of the gospel. This is particularly true of
the way in which they exercise a secular profession.
The particular apostolate of the members of a secular institute is the
world from within. Some have objected that the word
sanctification of the
"world" is ambiguous; whether it means humanity, human history, or
the physical cosmos, has been open to some discussion. If we understand
the word to mean all of humanity, then the canon is an adequate ex-
pression of the particular call of members of a secular institute.
One might have wished for a richer section on clerical members of
these institutes. It directs them to only two things: to help their brethren
in the priesthood by a particular apostolic charity and to contribute to
the sanctification of the world by their ministry. These rather vague for-
mulas might have been enriched by the words of Paul VI and John Paul
II. Paul VI had spoken of "a specifically priestly responsibility for the
just arrangement of the temporal order which the priest exercises prin-
cipally through his ministerial action and in his role as an educator in
the faith." John Paul II has said that a priest in a secular institute can
bring to other priests three things: an experience of evangelical life, frater-
nal help, and a particular sensitivity to the relationship of the Church
to the world.

C 714

Members are to lead their life according to the norm of the constitutions, in
the ordinary conditions of the world, either alone or each in their respective
families, or in a group of brothers or sisters.
280 / THOMAS E. MOLLOY

This canon again emphasizes the specifically secular style of life of

members of secular institutes. Presumably they live alone, or with their
own family. The third possibility of living in a group is a concession to
which have adopted a more
those secular institutes religious style of life
and practice some form of community life.
C 715

§1. Clerical members incardinated in a diocese depend on the diocesan bishop,

with due regard for those things which pertain to consecrated life in their par-
ticular institute.

§2. If those who are incardinated in an institute according to the norm of

can. 266, §3, are appointed to particular works of the institute or to the govern-
ance of the institute, they depend on the bishop in a way comparable to religious.

This canon reiterates for clerical members of secular institutes what the
prior canon specified for lay members. A diocesan priest continues to
be a diocesan priest and depends in all things on his bishop. In extraor-
dinary circumstances the bishop might release such a priest for a par-
ticular work of the institute, but this would be quite rare. More com-
monly, if the priest is elected to the government of the institute, he could
be released by his bishop for a short period of time to engage in this
apostolate.

C 716

§1 . All members are to share actively in the life of the institute according to
proper law.

§2. Members of the same institute are to maintain communion among

themselves, carefully fostering unity of spirit and genuine relationship as brothers
or sisters.

This canon states something which, to a religious, would seem obvious

and however, because of the nature of
self-evident. Secular institutes,
the life, sometimes experience a particular difficulty in maintaining the
bonds among the members which should be present in any family of con-
secrated life. This is because there is no community life or community
property and because members move and sometimes find themselves
geographically isolated. These factors require a particular effort on the
part of the moderators and members to maintain that spirit of unity which
seems to come more spontaneously in a religious institute.
C 717

§1. The constitutions are to prescribe a particular manner of governance and

define the time during which moderators hold their office and the way in which
they are chosen.
 Secular Institutes / 281

§2. No one is to be chosen supreme moderator who is not definitively

incorporated.

§3. Those who are put in charge of the governance of the institute are to take
care that the unity of its spirit is kept and that active participation of the members
is encouraged.

The norms and term of office of the moderator are

for the selection
basically the same as for other institutes. We note again the emphasis
that the law puts on the obligation of the moderators to foster the unity
of the institutes and to keep in contact with all of the members, especially
those who are scattered and isolated.

C 718

The administration which should express and

of the goods of the institute,
foster evangelical poverty, by the norms of Book V, The Temporal Goods
is ruled
of the Church, and by the proper law of the institute. Likewise the proper law
is to define especially the financial obligations of the institute toward members

who carry on work for it.

The law and the administration of property is substantially the same as
for other juridic persons in theChurch. There is emphasis on the obliga-
tions toward anyone who is employed by the institute; this might be
neglected in some institutes because of the scattered membership and the
lack of common life.

C 719

§1. In order that members may respond faithfully to their vocation and that
their apostolic action may
proceed from their union with Christ they are to be
diligent in prayer, concentrate in a fitting manner on the reading of Sacred Scrip-
ture, make an annual retreat and carry out other spiritual exercises according
to proper law.

§2. The celebration of the Eucharist, daily if possible, is to be the source and
strength of the whole of their consecrated life.

§3. They are freely to approach the sacrament of penance, which they should
receive frequently.

§4. They are freely to obtain necessary guidance of conscience and should seek
counsel of this kind even from their moderators, if they wish.

The Church, canon, lays out in a very general way the means
in this
members of God's People. They are particu-
of sanctification for all the
larly commended to members of secular institutes as they strive to live
their consecration without the support system which is present in the
religious life.
282 / THOMAS E. MOLLOY

C 720

The right of admission into the institute, whether for probation or for the
assumption of sacred bonds, whether temporary or perpetual or definitive, per-
tains to the major moderators with their council according to the norm of the
constitutions.

C 721

§1. One is invalidly admitted to the initial probation:

1° who has not yet reached the age of majority;

2°who is still bound by a sacred bond in some institute of consecrated life

or who is incorporated in a society of apostolic life;

3° who is married while the marriage lasts.

§2. The constitutions can establish other impediments, even for the validity
of admission, or place certain conditions.

§3. Moreover, for one to be received it is necessary to have the maturity to

lead the life proper to the institute,

C 722

§1. The initial probation is to be so arranged that the candidates may under-
stand more fittingly their divine vocation and indeed the vocation proper to the
institute and may be trained in the spirit and way of life of the institute.

§2. The candidates are to be properly formed in living according to the

evangelical counsels and taught to translate this life completely into the apostolate,
using those forms of spreading the gospel which better respond to the purpose,
spirit and character of the institute.

§3. The manner and time of this probation before first undertaking sacred
bonds in the institute are to be defined in the constitutions; yet it is to be no
less than two years.

C 723

§1. After the time of the initial probation has passed, the candidate who is

judged worthy is either to take on the three evangelical counsels strengthened

by a sacred bond or to depart from the institute.

§2. This first incorporation, no shorter than five years, is to be temporary ac-
cording to the norm of the constitutions.

§3. When the time of this incorporation has passed, the member who is judged
worthy is to be admitted to perpetual or definitive incorporation, that is, with
temporary bonds always to be renewed.
§4. Definitive incorporation is equivalent to perpetual incorporation as far
as certain juridic effects are concerned, to be determined in the constitutions.
 Secular Institutes / 283

C 724

§1. After the sacred bonds are first taken formation is to be continued accord-
ing to the constitutions.

§2. Members are to be formed in divine and human matters equally; the
moderators of the institute are to take seriously the continuing spiritual forma-
tion of members.

The whole program of formation is a very difficult problem for secular

institutes because of the secular style in which the consecration is lived.
Members applying to a secular institute presumably remain in the world
in a secular profession and are living by themselves. The formation pro-
gram, therefore, very "part-time" compared to that required for en-
is

trance into a religious institute. The periods of probation are consequently

longer than required for admission to first profession and final profes-
sion in a religious institute. Because of the nature of a secular institute
and the kind of life that the members are being formed for, it obviously
would be inappropriate to have a novitiate house and a period of time
living in community with other novices away from one's own home or
family or secular profession. Because of this, secular institutes sometimes

have a very difficult time establishing adequate formation programs for

their members.

C 725

The institute can associate to itself, by some bond determined in the constitu-
tions, other members of the Christian faithful who strive toward evangelical
perfection according to the spirit of the institute and share its mission.

The canon looks toward the association of other members of the faithful,
both married and single, with a secular institute according to the pat-
tern of "Third Order" with religious institutes. A number of secular in-
stitutes have experienced great difficulty and conflict because of this
association. Some institutes have moved toward allowing married people
to enter them as full members taking a vow of "charity." Other institutes
have allowed married people to come in as associate members, to par-
ticipate fully in the group meetings and in the general assemblies of the
institute. Some members feel that this is entirely inappropriate and
threatens to turn the secular institute into a movement like the Focolare
or something similar.
From the general law on consecrated life, it is obvious that a mar-
ried person cannot be a member of a secular institute strictly speaking
and that if an institute of men wants to accept women or vice versa there

should be a separate branch for the members of that sex. Likewise

284 / THOMAS E. MOLLOY

if a secular institute of diocesan priests wishes to accept laymen, a separate

branch of the institute should also be founded and another rule of life

written, since the secularity of the diocesan priest and the secularity of
the layman living in the world are entirely different contexts in which
to live out a consecrated life.

C 726

§1. When the time of temporary incorporation has elapsed, the member can
leave the institute freely or be excluded from renewal of the sacred bonds for
a just cause by the major moderator after hearing the council.

§2. For a serious reason the temporarily incorporated member can freely peti-
tion and obtain from the supreme moderator with the consent of the council
an indult to leave.

C 727

§1. The perpetually incorporated member who wishes to leave the institute,
having thought seriously about this before God, may seek an indult to leave from
the Apostolic See through the supreme moderator if it is an institute of pontifical
right; otherwise from the diocesan bishop as it is defined in the constitutions.

§2. If it is a question of a cleric incardinated in the institute, the prescription

of can. 693 is to be observed.

C 728

When the indult to leave has been legitimately granted, all bonds, rights and
obligations emanating from incorporation cease.

C 729

A member is dismissed from the institute according to the norm established

in cann. 694 and 695; furthermore, the constitutions may determine other causes
of dismissal, provided they are proportionately serious, external, imputable, and
juridically proven and the procedure determined in cann. 697-700 shall be ob-
served. The prescription of can. 701 applies to the dismissed member.

C 730

In order that a member of a secular institute may transfer to another secular

institute, the prescriptions ofcann. 684, §§1, 2, and 4, and 685 are to be ob-
served. In order that a transfer be made to another or from another institute
of consecrated life, the permission of the Apostolic See is required and its man-
dates are to be obeyed.

The final canons deal with separation from the institute or transfer to
another institute and are basically the same as those for religious institutes
(see commentary above on CC 688-704 and 684-685).
 Secular Institutes / 285

BIBLIOGRAPHY
Beyer, Jean. "Religious Life or Secular Institute." The Way Supplement 7 (June 1969)
112-32.
Muller, Hubert. "Secular Institutes for Priests." The Way Supplement 12 (Spring 1971)
81-89.
Pius XII, Pope. "Primo feliciter." AAS40 (1948) 283-86.
Pius XII, Pope. "Provida Mater Ecclesia." AAS 39 (1947) 114-24.
"Secular Institutes." The Way Supplement 12 (Spring 1971).
Secular Institutes in the Magisterium of the Church. CMIS. Rome, 1974.
Secular Institutes: The Official Documents. CMIS. Rome, 1981.
Tresalti, Emilio. "The Identity of the Secular Institute." The Way Supplement 33
(Spring 1978) 133-40.
 Societies of Apostolic Life
Canons 731-746

Cecil L. Parres, CM.

Societies in the Church now designated as societies of apostolic life were
commonly referred to from their descriptive title in the 1917 Code as
societies of common life or societies without vows. The new title, ac-
tually Section II of Part III, Book II "The People of God," is thought
to express better the nature and purpose of these societies as eminently
apostolic in purpose and in way of life.

INTRODUCTION
Church today took their origin
Societies of apostolic life existing in the
from foundations of secular communities or congregations of men and
women in the sixteenth and through the seventeenth centuries, such as
the Oratory of St. Philip Neri, founded in 1575; the Oratory of France
(Pierre de Berulle, 1611); the Congregation of the Mission of St. Vincent
de Paul (1625); the Daughters of Charity (St. Vincent de Paul and St.
Louise de Marillac, 1633); the Society of St. Sulpice (Jean Jacques Olier,
1642); the Congregation of Jesus and Mary (St. John Eudes, 1643); and
the Paris Foreign Mission Society (1660). These societies through the

i
subsequent centuries have persisted in maintaining their secular character
j
of non-religious institutes.
Whereas most congregations founded in the eighteenth and nineteenth
centurieswere patterned after religious orders, though with simple rather
than solemn vows, and did in fact become religious congregations under
the 1917 Code, there were others which maintained their secular
character, such as the Congregation of the Most Precious Blood (St.
Gaspar del Bufalo, 1815), and the Society of the Catholic Apostolate (St.
Vincent Palotti, 1835). These, with more recent societies, such as, the
Society of Missionary Priests of St. Paul the Apostle (Isaac Hecker, 1858),

287
 .

288 / CECIL L. PARRES, CM.

and numerous missionary societies, came to be recognized in the 1917

Code as Societies of Common Life or Societies without (public) Vows.
More positively than a secularity as opposed to the religious life and
state, there was present the idea of being within the Church in the world
with an apostolate or mission, while preserving a way of fraternal com-
mon life, a distinct spiritual life, a certain communality of goods, and
a quest for Christian perfection and sacerdotal holiness, in keeping with
the specific apostolate and mission. For some this also involved the
assumption of the evangelical counsels by some bond other than public
vow.
These societies always seemed to defy, perhaps rightly so, attempts
at a common were varied, internal organiza-
categorization. Purposes
tion was often distinct, concepts of membership and ways of incorpora-
tion differed from society to society. With the 1917 Code there was in-
troduced a greater legislative assimilation of these societies to religious
There was a stated imitation of religious by living in common
institutes.
under the governance of superiors. Negatively, it was stated that members
were not bound by the usual public vows and that the societies were not
properly speaking religious institutes and the members not properly speak-
ing religious. This gave rise to use among some commentators of terms
such as "quasi-religious societies" and to the inclusion of societies of com-
mon life under a common denomination of institutes of perfection, of
which they were said to be a species along with religious institutes and
secular institutes.
The Apostolic Constitution of Pius XII Provida Mater Ecclesiae
(February 2, 1947) on secular institutes, declared that the Church (in

the Code of Canon Law) wished to assimilate societies of common life

1
to the canonical state of perfection (of religious) It is interesting that

a noted canonist, Fr. Jean Beyer, S.J., offered the following comment
concerning the passing reference in Provida Mater to societies of com-
mon life:

Whoever knows the history of these societies easily sees that this interpretation
deforms the and expounds an opinion which does not correspond with the
facts
intentions of all The text says clearly that the Church wished to
these societies.
assimilate these societies to the canonical state of perfection. Must one conclude
that such was the intention of the founders, and of the present members of these
societies? This cannot be affirmed. 2

The 1917 Code, Provida Mater, and much of commentaries written

on societies of common life are now matters of history, since the present
Code takes a new approach to these societies. Further, C 6 abrogates
 Societies of Apostolic Life / 289

the 1917 Code and other laws, universal or particular, contrary to its

prescriptions, unless it provides otherwise for particular laws.

The theory on which completed schema of the new Code
the first

(published for consultation, February 2, 1977) was based, retained a com-

mon classification of societies of apostolic life along with religious in-
stitutes and secular institutes. Life, state, and institute constituted by pro-
fession of the evangelical counsels was to include all three. The theory,
based on an excessively juridic interpretation of documents of Vatican
Council II, especially the Dogmatic Constitution on the Church and the
Apostolic Constitution on the Renewal of Religious
Life, remained con-
stant throughout the years of thedevelopment of the schema. There was
only a change of terminology of interest to societies of apostolic life from
the general rubric of De Religiosis (to include religious in the strict sense
and religious in the wide sense), to institutes of perfection, and finally
by profession of the evangelical counsels.
to institutes of consecrated life
During the two years of labor of the commission for revision of the
schema on institutes of consecrated life from June 1978 to the publica-
tion of the schema of 1980, the position came finally to be adopted that
the societies of apostolic life should not be considered institutes of con-
secrated life. Rather, they should have their own section of law in
Book II of the People of God, though they share in some ways a law
in common with the institutes.
The canons on societies of apostolic life in the 1983 Code indicate
the existence in the Church of a way of apostolic life for the Christian
faithful,which is distinct from the form of life of institutes of consecrated
life, whether religious or secular. These societies are also distinct from

associations of the faithful, which do not of themselves include a frater-

nal life in common. The apostolic identity of the societies of apostolic
life embraces life as well as mission and includes an apostolic end or pur-
pose, a fraternal life in common, and the pursuit of the perfection of

charity. Both the clear exclusion of societies of apostolic life from the
category of institutes of consecrated life and the recognition of a posi-

tion of their own Church should be an encouragement for

right in the
these societies to develop more their own identity and mission in the
Church. Much is left to the proper law of each society in the organiza-
tion of its life and mission. All are, by their nature, for an apostolate
within the mission of the whole Church. Each should in turn be
characterized by its own manner of participation in that mission, by its
own common way of life and quest for the perfection of charity in rela-
tion to its share in the mission of the Church.
290 / CECIL L. PARRES, CM.

THE CONCEPT OF SOCIETY OF APOSTOLIC LIFE

C 731

§1. Comparable to institutes of consecrated life are societies of apostolic life

whose members without religious vows pursue the particular apostolic purpose
of the society, and leading a life as brothers or sisters in common according to
a particular manner of life, strive for the perfection of charity through the obser-
vance of the constitutions.

§2. Among these there are societies in which the members embrace the
evangelical counsels by some bond defined in the constitutions.

The first canon wisely deals more with a concept than with a neat defini-
tion. The title and name given indicate apostolicity as the key to
understanding the nature, end, manner of life, and spirituality of societies
of apostolic life. There is a factual statement of the components which
are proper to the notion of such societies: apostolic end, life in common,
and the pursuit of the perfection of charity. These components are com-
mon to all societies of apostolic life and at the same time proper to each,
as expressed in the purpose, way of life, and constitutions of each. The
relationship of each to the other and their coordination pertain to the
patrimony of each society. The assumption from the title is rather that
the apostolic spirit should pervade the entirety and that the end and raison
d'etre of each society is precisely apostolic and participative of the mis-
sion of the Church through apostolic activity. With this, life in common
and personal perfection are harmonized, as also is the practice of the
evangelical counsels assumed by some bond in certain societies.
While the canon views the objectives of societies of apostolic life from
the standpoint of personal commitment and involvement of members,
neither the apostolic end, the manner of life, nor the quest for holiness
of life are purely personal and individual. They are undertaken in com-
munity and fraternal communion in a visibly organized and structured
society within the Church and according to the proper law of each society.
However the initial words of C 731, Institute vitae Consecratae acce-
dunt may be interpreted in translation "approaching, similar to, or in
addition to," the notion of imitation in manner of life and governance
as stated in CIC 673 is absent. Actually, in context and as a juridic ex-
pression, accedunt can refer only to those general norms for institutes
which are applicable to societies of apostolic life according to the follow-
ing C 732. 3 In that canon the similarity is explicitated and the applica-
bility of the norms stated, so that both the resemblance and the applica-
tion are always according to the nature of each society. The expression
should not cause anxiety to societies in the revision of constitutions and
 Societies of Apostolic Life / 291

other texts of proper law, and, it is to be hoped, should not give rise to

doctrinal or juridical impositions contrary to the nature and spirit of these

societies. The priority of the proper law of each society is most clearly
built into this entire section of the law.
That an apostolic way of life which includes the practice of the
evangelical counsels of chastity, poverty, and obedience assumed by some
bond is compatible with the basic concept of a society of apostolic life

as approved by the Church is shown in C 731, §2. This statement of the

canon is also a factual one, namely, that the proper law for some societies
does include for members the assumption of the evangelical counsels by
some kind of bond. The kind of bond, whether vow, oath, promise, in-
tention, or good purpose, is not mentioned. Only religious vows are ex-
cluded, that is, the public vow whereby the observance of the evangelical
counsels is assumed in religious profession. However, even for these
societies there is clearly not a profession of the evangelical counsels in
the sense in which the Church understands and regulates profession for
institutes of consecrated life.
whose members do assume one or more of the evangelical
Societies
counsels by vow or some other bond should be conscious of their own
foundations and traditions and avoid terminology of religious profession
or that of the more recent secular institutes. The evangelical counsels
are seen as integral to the apostolic nature of these societies but not as
constitutive of their canonical position in the Church, even if the per-
sonal act required of members according to the constitutions as a special
commitment and the form of poverty proper to
to obedience, chastity,
the society, should be one or more of the vows. Such vows do not have
the canonical effects of the public vows of religion and, though they may
be reserved and have juridic effects according to the proper law of the
society, they remain essentially private vows if not received by a superior
in the name of the Church. It should be noted that the legislator con-
tinues to distinguish public from private vows by this sole criterion in
C 1192. 4
Societies whose members do not assume the evangelical counsels by
some bond will direct obedience to superiors in keeping with the nature
of the society, chastity proper to the celibate state of life, whether clerical
or lay, and the acquisition, use, and disposition of community and per-
sonal property in keeping with the manner
proper to the nature
of life

and apostolic end of the society. This should not be construed as an im-
plicit bond, which is not willed or admitted by these societies.
292 / CECIL L. PARRES, CM.

GENERAL NORMS
C 732

Whateverdetermined in cann. 578-597 and 606 is applicable to societies

is

of apostolic with due regard for the nature of each society; in addition, cann.
life,

598-602 are applicable to the societies mentioned in can. 731, §2.

The sharing of many of the general norms of Part III, Section I,

Title I, with institutes of consecrated life is shown in the specific and

enumerated application of these norms to societies of apostolic life. The

norms excluded in C 732 are not applicable. Also the priority of the proper
law of each society is implicit in the phrase which safeguards the nature
of each society, so that legitimate diversity found among the societies
from their foundations and approved traditions may be preserved.
In general, it can be noted here that societies are established, divided
into parts, suppressed, etc., in the same manner as institutes. They are
to have a fundamental code, or constitutions, approved by the compe-
tent ecclesiastical authority, which may be changed only with the con-
sent of the same authority. Other norms enacted by the competent
authority of the society and which form part of the proper law are
changed, adapted, etc., by the same authority of the society.
Societies are either clerical or lay according to the description given
in C 588. The position of lay members, or brothers, in clerical societies
is not directly addressed in the canon. A society is clerical by reason of
its purpose in the Church as derived from its founder or from its tradi-
tions and from recognition as clerical by the authority of the Church.
Although the total mission of the Church requires the ministerial
priesthood and the exercise of sacred orders, the mission of the Church
is accomplished also by the apostolic and missionary activity of those not

ordained.
The apostolic or missionary role of the lay member of a clerical society
parallels this concept of total ecclesial mission in relation to the specific
apostolic and missionary objectives of a clerical society. The question of
the participation of lay members of clerical societies in the governance
of the society needs to be approached from the principles of law on the
power and ecclesiastical of-
of ecclesiastical governance, or jurisdiction,
fice, especially CC 129 and 150. In clerical societies of pontifical law,

there is an institutional sharing through offices of internal governance

in the teaching, sanctifying, and governing of the Church as these per-
tain to ordained ministry in union with the pope and the bishops. The
laity may cooperate in the exercise of jurisdiction according to the norm
of law. This will be according to the universal law and the proper law
 Societies of Apostolic Life / 293

of the society. Offices which carry with them the full care of souls (cura
animarum) and require the exercise of priestly order are reserved to
priests.
Societies of apostolic life are of diocesan or pontifical law, according
to the general norms, and may also be exempt according to the norm
of C 591.Superiors and chapters have the authority defined in universal
and proper law. In clerical societies of pontifical law, they have the power
of ecclesiastical government, or jurisdiction, for both the external and
internal forum.
whose members assume the evangelical counsels by some
Societies
bond are apply the general norms of CC 598-602 in keeping with
also to
the nature of each society. These norms regard the basic meaning and
obligations of the evangelical counsels, not the juridic effects of religious
profession.
Finally, the brief norm of C 606 means that the Code is equally valid
for societies of men and societies of women, unless otherwise evident from
the context or the nature of the matter.

HOUSES AND COMMUNITIES

C 733

§1. A house is erected and a local community is established by the competent

authority of the society with the prior written consent of the diocesan bishop,
who must also be consulted for its suppression.

§2.Consent to erect a house entails the right of having at least an oratory

in which the Most Holy Eucharist is celebrated and reserved.
In keeping with fraternal life in common proper to societies of apostolic
life, houses and local communities are to be erected or constituted by
the competent authority of the society. The proper law of each society
determines the competent authority, e.g., the supreme moderator or the
major superior. Previous consent of the diocesan bishop in writing is re-
quired, and he must be consulted for the suppression of a house or
community.
Houses or local communities in which fraternal life in common is lived
form the basic units of societies of apostolic life. Local communities may
be established apart from canonically erected houses, according to the
proper law of a society, which should also determine the governance,
the manner of life in common of members, and their relationship to
houses or other parts of the society. The law should be seen as having
a flexibility for structure on the local level in view of the apostolic end
of the society.
294 / CECIL L. PARRES, CM.

§2 states the right of houses to have an oratory. The law no longer

distinguishes between public and semi-public oratories. There are only
churches, oratories, and private chapels. 5
An oratory is for the conven-
ience of a community or group of the faithful, as designated by permis-
sion of the Ordinary, to which others may have access with the consent
6
of the competent superior. Further permission of the diocesan bishop
is required for a church. 7
The competent Ordinary for the erection of
an oratory is the major superior of a clerical society of pontifical law.
For other societies he is the diocesan bishop or his vicar. 8

GOVERNMENT
C 734

The governance of a society is determined by the constitutions, with due regard

for cann. 617-633, according to the nature of each society.

The constitutions of societies of apostolic life are the primary expression

of the structure and reality of government. The canons (617-633) for
religious institutes on superiors, councils, and chapters apply to societies
according to the nature of each society. Thus, traditional terminology
and structures expressive of the particular nature of each society should
be preserved in the constitutions.
Added to the canons on superiors is C 630, which reorders the law
on the sacrament of penance, the direction and manifestation of con-
science, and confessors. Of note for societies is the requirement of or-
dinary confessors for lay societies in houses of formation and in large com-
munities. This canon is intended to provide ample opportunity for the
sacrament, while not limiting due freedom.

ADMISSION, MEMBERSHIP, AND FORMATION

C 735

§1. The admission, probation, incorporation and training of members are

determined by the proper law of each society.

§2. In respect to admission into the society, the conditions established in cann.
642-645 are to be observed.

§3. Proper law must determine especially the doctrinal, spiritual and apostolic
method of probation and training suited to the purpose and character of the soci-
ety, in such a way members, recognizing their divine vocation, may
that the
be fittingly prepared for the mission and life of the society.

The general canons referred to in the commentary on C 732 as applicable

to societies of apostolic life contain one norm which concerns admission
 Societies of Apostolic Life / 295

to a society. C 597 in application to societies of apostolic life means that

only Catholics, with the right intention, duly qualified according to
universal law and the proper law of each society, and bound by no
canonical impediment, may be admitted. Moreover, no one is to be ad-
mitted without suitable preparation. These with the requirements for
valid admission and other conditions mentioned in CC 642-645, com-
plete the universal law for societies regarding admission. For the rest,

admission, probation, incorporation, and formation are governed by the

proper law of each society.
The suitable preparation mentioned in C 597, §2 should not be con-
strued as requiring a formal postulancy of specific duration or program,
or even a group program Negatively it means one should not be admitted
.

to probation in a society without some assessment of right intention and

proper attitudes. Positivelyit means a guided direction of vocation which

takes into consideration qualifications of the candidate in relation to the

purpose, nature, manner of life, and apostolate of the society.
Although the canons cited (642-645) speak in the context of admis-
sion to the novitiate of a religious institute, it should be noted that a
novitiate is not required for societies. The conditions of these canons are
required for admission to the first or probatory stage of membership in
societies before incorporation, whatever may be the terminology used
by a particular society and the rights and obligations of those admitted
as well as the program of initial formation, according to the proper law
of each society. No other canons on novitiate or religious profession are
applied by universal law to societies of apostolic life. The traditions and
proper law of each society in the initial and other stages of formation
are respected and should be maintained.
For the changes from the law of the 1917 Code on admission and
for the interpretation of the canons, readers are referred to the commen-
tary of this handbook on CC 642-645.
C 735 does not specify the competent superior of a society for admis-
sion and incorporation and does not legislate details of the programs of
probation and further formation. These matters are referred to the proper
law of each society. Both admission to a society and incorporation therein
are essentially actions of the society through a proper superior in response
to one requesting admission or incorporation. The manner of effecting
this should result in a juridically provable acceptance of a candidate at
a definite time, at which the initial or probatory stage of formation is
begun. The duration of this stage is not specified in the Code and is left
to the proper law of a society. Incorporation likewise should be juridically
provable and have a definite beginning. Incorporation is said to be
296 / CECIL L. PARRES, CM.

definitive or nondefinitive in relation to the subsequent canons on depar-

ture and dismissal. Nondefinitive incorporation always temporary.
is

Definitive incorporation is perpetual or temporary but always renewable.

These are matters calling for exact specification in the proper law of each
society, that is, in the constitutions according to the application of C 587.
The vow, promise, good pur-
relationship to incorporation of oath,
pose, or any other bond by which obedience to superiors or dedication
to the end of a society, or by which one or more of the evangelical counsels
may be assumed, should also be made explicit in the constitutions.
C 735, §3 indicates a general content and purpose of probation and
further formation, rather than a detailed and time-conditioned plan or
program. Plan and details are left to the proper law of each society. The
plan should include doctrinal, spiritual, and apostolic formation, as basic
to the notion of apostolic society. This should be accommodated and
added to, according to the purpose and character of each society. The
purpose of probation and formation is preparation for the mission and
life of the society, as the member acknowledges in response the divine

call to that mission and life.

CLERICAL SOCIETIES
C 736

§1. In clerical societies the clerics are incardinated in the society itself, unless
the constitutions provide otherwise.

§2. In those matters which pertain to the course of studies and the reception
of orders the norms for secular clerics are to be observed with due regard however
for §1.

The previous canons have not distinguished between clerical and lay
societies,except in the reference to C 588 in C 732, which has already
been commented on. The law applies equally to societies of men or
women, and, for the most part to lay as well as to clerical societies.
In clerical societies incardination into a society is effected by recep-
tion of the diaconate by a definitively incorporated member according
to the norm of C 266, §2, unless the constitutions of a society provide
otherwise, that is, for incardination into a diocese. However, the universal
law, according to the norm of C 1019, gives the right of granting
dimissorial letters for ordinations of definitively incorporated members
only to major superiors of societies of apostolic life which are of pon-
tifical law. Ordination of members not definitively incorporated and of
members of societies of diocesan law are governed entirely, in this mat-
ter, by the law for ordination of secular clerics.
 Societies of Apostolic Life / 297

The constitutions of a society of apostolic life may provide for incar-

dination into a diocese. The dual by incorporation
alliance thus effected
into a society and incardination into a diocese is governed by the con-
stitutions of a society or by particular agreements between the society
and the proper bishop.
A diocesan cleric entering a society of apostolic life loses incardina-
tion in his own particular church only when he becomes definitively in-
corporated into the society, 9 unless, of course, the constitutions provide
for incardination into a diocese according to the exception mentioned
in C 736, §1.
A cleric incardinated into a society of apostolic life loses incardina-
tion after departure or dismissal in the same manner as a religious cleric,
that is, when incardinated into a diocese according to the prescriptions
of CC 693 and 701.
C 736, §2 states the principle of clerical studiesand reception of
orders, aside from the previous prescription on incardination, in terms
of norms for secular clergy. The logic of this position follows from the
secularity of societies of apostolic life and the close identity of clerics of
these societies with the particular church where they serve and the secular
clergy of the diocese. Besides the requisites for clerical studies and the
principles of clerical and sacerdotal formation as found in CC 232-264,
clerical societies are certainly able to have their own programs in keep-
ing with their mission and apostolic activities.

OBLIGATIONS AND RIGHTS

C 737

Incorporation entails obligations and rights for the members defined in the
constitutions as well as a concern on the part of the societyto lead the members
to the end of their particular vocation, according to the constitutions.

C 738

§1. All the members are subject to their particular moderators according to
the norm of the constitutions in those matters which affect the internal life and
discipline of the society.

§2. They are subject also to the diocesan bishop in those matters which affect
public worship, the care of souls and other works of the apostolate, with due
regard for cann. 679-683.

§3. The relations of a member incardinated in a diocese with his proper bishop
are defined by the constitutions or particular agreements.
 .

298 / CECIL L. PARRES, CM.

C 739

Besides the obligations which they have as members according to the constitu-
tions the members are bound by the common obligations of clerics, unless
something else is evident from the nature of the matter or from the context.

C 740

Members must live in a house or community legitimately established and

observe common life according to thenorm of proper law, by which absences
from a house or community are also governed.

Obligations and rights of members and of societies with respect to

members flow from incorporation and are defined in the constitutions
of each society. Rights and obligations will, of course, be different for
definitive and nondefinitive membership. It should be noted that
CC 662-672, which concern the obligations and rights of religious in-
stitutes and members, are not applied to societies of apostolic life. In keep-
ing with its apostolic nature, its own character, and sound traditions,

each society should express its own spirituality, its own manner of life,

and the mutual relations and rights and obligations of members and the
society
C737 is careful to highlight a basic obligation of societies of apostolic
life, namely, that of caring for the vocation of each member and its fulfill-
ment according to the constitutions of the society. This does not mean
fulfillment in a way that is individualistic or whimsical and detrimental
to the common purpose of the society. However, the special talents and
aptitudes of an individual in relation to vocation within a society should
be developed and channeled, so that each finds fulfillment of vocation
in the gift of self in response to divine call within the mission and works
of the society.
G
738 approaches the subject of mutual relations between societies
and the diocesan bishop. This is stated in terms of members' obedience

to moderators of a society in matters of internal life and discipline ac-

cording to the norm of the constitutions of a society. As a statement of
principle, it is valid for all societies and is one without which a society
could not effectively function and fulfill its purpose within the Church.
As a principle, it must apply to societies of diocesan as well as of pon-
tifical law.
§2 of the same canon implies subjection to the proper moderators of
a society in matters pertaining to public worship, the care of souls, and
other works of the apostolate. The statement of a canon also looks directly
to subjection to the diocesan bishop in these matters, while calling at-
tention to the canons cited (679-683), which deal with the mutual rela-
 Societies of Apostolic Life / 299

tions between religious superiors and the diocesan bishop in the matters
mentioned. Societies of apostolic life function within the mission of the
universal Church and within the mission of the particular church, of
which the diocesan bishop is the head. Close cooperation with and obe-
dience to the bishop in the three areas mentioned are vital to the unity
of the particular church and should flow also from the very nature of
societies of apostolic life in the pursuit of apostolic and missionary
objectives.
Particular attention should be called to CC 681 and 682. The impor-
tance of written agreements between diocesan bishops and the compe-
tent superiors of societies for works committed by the bishop to members
of a society is stressed in C 681. The wisdom of this provision of law is
obvious. Of particular application is the parallel provision of C 520 on
parishes entrusted to a clerical society of apostolic life, even if the parish
is erected in a church belonging to the society.
A member of a society of apostolic life is appointed to an ecclesiastical
office in a dioceseby the diocesan bishop, following the presentation by
or at least the assent of the competent superior of the society. The one
appointed may be removed by either the bishop or the superior, with
observance of the terms of C 682, §2. The same law is applied specifically
to the appointment and removal of pastors and parochial vicars, accord-
ing to CC 523, 538, §2, 547, and 552.
C 738, §3 indicates a special relationship with the proper bishop for
societies whose members are incardinated into a diocese. The constitu-
tions of the society and particular agreements with the bishop of incar-
dination take precedence over the universal law as stated in the above
paragraphs on mutual relations.
At the beginning of the commentary on CC 737-740, which was en-
titled "Obligations and Rights," it was stated that rights and obligations
on the part of both member and society flow from incorporation. More
radically, they flow from divine vocation, response to a divine vocation
by the member, and recognition of this vocation and response by the
society. Incorporation is the visible expression and continuance by
member and society of this reality within the Church and the society.
The constitutions, as approved by the Church, express the basic accord-
ance of member and society concerning mission and life and the mutual
rights and obligations flowing from the nature of the society and member-
ship therein.
C 739 stresses the obligations of members within the above context
as coexistent with the common obligations of clerics as stated in
CC 273-289. Clerical members of societies are, of course, bound by the
300 / CECIL L. PARRES, CM.

obligations of these canons as priests or deacons of the society to which

they belong. All members of societies, whether clerical or lay, are held
to the prescriptions of the stated canons which, from the purpose of the
law or the nature of the matter, are equally applicable to the lay or
clerical condition of members. These canons are particularly 277, 285,
286, 287, and 289.
Finally, in C 740 the obligation of common life proper to societies
according to the law of each society is stated as requiring living in a house
or in a legitimately constitutedcommunity. The proper law of each soci-
ety also determines legitimate absence from a house or community. The
demands of fraternal life in common and the apostolic nature of a society,
together with a secularity which excludes application of the law of
religious on houses (CC 606-616) and the canons (662-672) on the obliga-
tions and rights of religious institutes and members, should find their
coordination in the proper law of a society. Living apart from a house
or community to which a member belongs, for reasons determined by
proper law, while exceptional, should not be seen as living outside the
society. The latter involves a temporary separation from a society, which
is provided for in C 745.

TEMPORAL GOODS
C 741

§1. Societies and, unless the constitutions state otherwise, their parts and houses
are juridic persons, and, as such, capable of acquiring, possessing, administer-
ing and alienating temporal goods according to the norm of the prescriptions
of Book V, The Temporal Goods of the Church, cann. 636, 638, and 639 and
the norm of proper law.

§2. According to the norm of proper law the members are also capable of ac-
quiring, possessing, administering and disposing of temporal goods, but whatever
comes to them in consideration of the society belongs to the society.

Temporal goods of the Church form the subject of Book V of the Code.
Ecclesiastical goods are those in ownership of some public juridic person
in the Church. Societies of common life are public juridic persons in the
Church and as such, capable of acquiring, possessing, administering, and
alienating temporal goods. Other parts of a society, such as provinces
or the equivalent, and houses are juridic persons, unless the constitutions
of a society provide otherwise and are also, as such, capable of the same
acts in relation totemporal goods. These actions by the juridic person
of the society or other juridic persons within the society are governed
 Societies of Apostolic Life / 301

by the norms of Book V, by the three specific canons mentioned (636,

638, and 639), and the proper law of each society.
Commentary on Book V of the Code is beyond the limited scope of
our commentary. One notation of importance for clerical societies is that
the term Ordinary, used frequently in Book V, means the major superior
of clerical societies of pontifical law, unless specified as Ordinary of the
place. Another is that for alienations below the sum fixed for a region
by the Holy See, permission is granted by the competent superior with
consent of the council according to the proper law of a society. The sum
set by an episcopal conference is not controlling for pontifical religious
institutes and societies of apostolic life. Only societies of diocesan law
need additional permission of the Ordinary of the place.
C 741, §2 does not pretend to regulate the question of ownership of
goods by individual members of societies, their acquisition, possession,
administration, or disposition. Goods belonging to individual members
are not ecclesiastical goods and, as such, are not subject to the prescrip-
tions of canon law on ecclesiastical goods. The proper law of each society
should contain norms governing the capacity and actions of individual
members in relation to personal temporal goods. Basic norms pertaining
to rights of individualmembers and of the society should be incorporated
into the constitutions, so that what pertains to the society and what per-
tains to the individual in acquisition is clearly evident. The norm of the
canon that what comes to members in view of the society, i.e., for the
society, belongs to the society, should be made more explicit in the law
of the society.
C 741 deals with the ecclesiastical goods of a society and the personal
goods of members. It is not in itself directive of the apostolic poverty
of societies or of the evangelical counsel of poverty embraced by members
of societies referred to in C 731, §2. Community of goods and communal
and personal poverty in keeping with the apostolic nature and end should
and regulation in the law of each society.
find apt expression, direction,

DEPARTURE, TRANSFER, AND DISMISSAL

C 742

The departure and dismissal of a member not yet definitively incorporated

is governed by the constitutions of each society.

C 743

A member definitively incorporated can obtain an indult of departure from

the society from the supreme moderator with the consent of the council, unless
302 / CECIL L. PARRES, CM.

it is reserved to the Holy See by the constitutions; the rights and obligations flow-
ing from incorporation cease, with due regard for the prescription of can. 693.

C 744

§1. It is reserved to the supreme moderator also with the consent of the coun-
cil to grant permission to a member definitively incorporated to transfer to another
society of apostolic life; meantime the rights and obligations associated
in the
with the prior society are suspended, and the member has the right to return
before definitive incorporation into the new society.

§2. In order to transfer to an institute of consecrated life or from that to a

society of apostolic life, the permission of the Holy See is required and its man-
dates must be observed.

C 745

The supreme moderator with the consent of the council can grant to a
definitively incorporated member an indult of living outside the society, not
however beyond three years, with the rights and obligations which are not suitable
for the new condition being suspended; the member remains however under the
care of the moderators. If it is a question of a cleric there is required in addition
the permission of the ordinary of the place in which he must dwell, under whose
care and dependency he also remains.

C 746

For the dismissal of a member definitively incorporated, cann. 694-704 are

to be observed with due adaptations being made.

Nondefinitive Members

The departure and the dismissal of members who are not definitively
incorporated into a society are governed entirely by the constitutions of
each society. C 742 enters into no details, and a commentary should
follow the wise absence of prescription of the canon. The constitutions
should include clear statements on the departure and dismissal of those
admitted to probation. Reasons for and the competency of superiors to
grant departure or to effect dismissal of nondefinitively incorporated
members, procedure of dismissal, dissolution of mutual rights and obliga-
tions of incorporation and of any bond relating to the evangelical counsels
or other oath or promise, should be clearly addressed in the constitutions.
The law of the Code likewise does not legislate concerning transfers
of nondefinitive members to another society of apostolic life or to an in-
stitute of consecrated life. The supposition of the law would favor
definitive departure before admission to another society or admission to
an institute. Absent likewise are regulations on possible indults for liv-
 Societies of Apostolic Life / 303

ing outside the society, with rights and obligations suspended, and return
to life in the society. Readmission of nondefinitively incorporated
members after departure or dismissal is also not regulated by the canons.

DEFINITIVE MEMBERS
Departure

The granting of an indult for departure to a definitively incorporated

member is reserved to the supreme moderator with the consent of the
council, or it may be reserved to the Holy See by the constitutions of
a society. The it cessation of all rights and obliga-
indult carries with
tions had from incorporation. Reservation of the granting of the indult
to the Holy See may be seen as important for some societies whose
members assume the evangelical counsels by some bond. However, there
is nothing in the nature of such a bond, even a vow, which would re-

quire its dispensation being reserved to the Holy See. If the granting of
the indult is not reserved in approved constitutions, dispensation from
bonds is implicit from the law granting authority for the indult, whether
in clerical or in lay institutes.
The application of C 693, mentioned in C 743, means that a cleric
incardinated into a society cannot be granted an indult of departure un-
tilhe finds a bishop to incardinate him into a diocese or at least who
will receive him into a diocese on an experimental basis. In the latter
case, incardination into the diocese becomes effective from the law after
five years, unless the bishop has refused him. Obviously, the bishop receiv-
ing a cleric experimentally may incardinate him before the expiration
of the five-year period. C 693 is not applicable to clerics who are not
incardinated into their society but into a diocese. They have a proper
bishop from incardination.
It may seem no canon on readmission of members
strange that there is

after lawful departure. Just as admission, probation, and incorporation

are matters regulated by the proper law of a society according to C 735,
so too will the proper law regulate readmission, probation, and
reincorporation.

TRANSFER
C 744 considers two possibilities of transfer: (1) transfer to another society
of apostolic life, and (2) transfer to an institute of consecrated life or from
such an institute to a society. The latter is reserved to the Holy See to
grant and determine the conditions.
304 / CECIL L. PARRES, CM.

Permission to transfer to another society of apostolic life is granted

by the supreme moderator of the society of the member requesting a
transfer, with the consent of the council. Obligations and rights in the
society from which one transfers are suspended and the right to return
to the society remains until definitive incorporation into the second
society.
Nothing is said about admission into the society to which transfer is
made. Admission must be effected by the competent superior and ac-
cording to the law of the society, which should also determine time and
conditions of probation before incorporation.

INDULT TO LIVE OUTSIDE A SOCIETY

The terms of C 745 concerning an indult to live outside a society of
apostolic life are rather comprehensive. The granting of the indult is

reserved to the supreme moderator with the consent of the council. It

cannot be granted beyond three years. Rights and obligations not com-
patible with the new condition, i.e., living outside the society, are
suspended. The one to whom the indult is granted remains under the
care of moderators of the society. For a cleric, priest or deacon, permis-
sion of the Ordinary of the place where he must live and under whose
care and dependence he remains, is also required.
What obligations and rights are suspended should be delineated in
the proper law of a society and incorporated into the text of the indult.
Further terms of the permission to live outside the society could be
specified in a written agreement signed by the major superior and the
member.
For a lay member of a society, the indult will generally mean living
in the ordinary lay and secular condition of life of one who is not a
member of an institute of consecrated life or of a society of apostolic life,
responsible for his or her own decisions and financial affairs. The obliga-
tions of chastity in an unmarried condition of life remain, and, for a cleric
or one under vow or some other bond relating to the evangelical counsel
of chastity, the obligations of clerical celibacy and of the bond remain.
Moreover, a cleric will depend on the Ordinary of the place mentioned
for the exercise of orders and the manner of life of his new condition.

DISMISSAL
Dismissal of a definitively incorporated member is governed by the same
causes, procedures, and canonical effects of CC 694-704 for the dismissal
of perpetually professed religious, with congruous application.
 Societies of Apostolic Life / 305

The congruous application of these canons to societies of apostolic

lifewill mean adapting the law to the structures and terminology peculiar
to each society. The first two reasons for dismissal enumerated in C 696,
that is, habitual neglect of the obligations of consecrated life and repeated
violations of sacred bonds, will apply to similar violations according to
the nature of each society as embodied in the constitutions. Other reasons
of similar gravity to those mentioned in C 696 may be determined in
the proper law of a society. Unlawful absence from a house or commu-
nity, as a reason for dismissal, should be specified in the proper law of
a society according to C 740.
C 701, in application to societies of apostolic life, means that all bonds
with the society and any bond whereby the evangelical counsels are
assumed, together with all rights and obligations arising from incorpora-
tion, cease when dismissal becomes effective according to the law. A
dismissed cleric may not exercise sacred orders until he finds a bishop
who will receive him into a diocese after suitable trial according to the
norm of C 693 or at least permit him to exercise orders. The latter part
of C 701 is, of course, not applicable to clerics who are not incardinated
into their society but into a diocese. Such clerics have a proper bishop
with incardination.

NOTES
1. AAS 39 (1947) 117; CLD 3, 138. A more accurate post-Vatican Council II state-

ment, though not completely embracing all societies, on the nature, mode of life, and
juridic relationship of societies to religious institutes is found in RC, an "Instruction on
the renewal and adaptation of formation for living the religious life," 1, 3. AAS 61 (1969)
103: CLD 7, 493-94.
2. Gregorianum 48 (1947) 754. English translation from French by the author.
3. Coram
13, 2 (1981) 383-84. The opinion expressed was also that of Archbishop Lara,
then secretary of the Commission, who stated that the reference intended by "accedunt"
was not to the first canon of the schema (now C 573 of the Code) but to the common
norms of institutes of consecrated life, some of which were applicable to the societies and
others not.
4. C 1192 Votum est publicum, si nomine ecclesiae a legitimo superior e acceptetur;
secus privatum. Various attempts to find a name for vows taken in societies of apostolic
life, such as, recognized vows, social vows, secular but public vows, have not in the opinion
of the author been successful and were not adopted in the terminology of the Code. That
the object of the vows is determined by the constitutions, that the taking of vows is with
306 / CECIL L. PARRES, CM.

the permission of the competent superior, that vows are taken in the presence of the com-
munity, or that the dispensation from the vows is reserved and granted for the external
forum, may be viewed as giving a certain "public" or social character but does not make
the vows juridically public in the meaning and intent of the law.
5. CC 1214, 1223, 1226.
6. C 1223.
7. C 1215.
8. CC 1223, 134.
9. CC 268, §2; 266, §2. The relationship of definitive incorporation to incardination
is not based on the distinction between societies of pontifical law and societies of diocesan
law. Clerics of societies of both pontifical and diocesan law will be incardinated into the
society, unless the constitutions provide otherwise. This change was made in the final word-
ing of C 736, whereas the schema of 1980 provided for incardination only into societies
of pontifical law.

BIBLIOGRAPHY
Bouscaren-Ellis-Korth, Canon Law, a Text and Commentary, 4th ed. Milwaukee: Bruce
Publishing Company, 1963.
Fernandez, J. Sociedades O Asociaciones de Apostolado Consociado, 2nded. Salamanca:
extracted from Revista Espanola de Derecho Canonico, vol. 33 (1977) 296-394.
Nugent, J. Ordination in Societies of Common Life. Washington: Catholic University of
America Press, CanLawStud 341, 1958.
Ristuccia, J. Quasi-Religious Societies. Washington: Catholic University of America Press,
CanLawStud 261, 1949.
Scanlan, K. Ordination and the Canonical Status of Clerics in Societies without Vows.
Rome: Pontificium Athenaeum "Angelicum," 1960.
Stanton, W. De Societatibus sive virorum sive Mulierum in Communi Viventium sine
Votis, 2nd ed. Halifax: 1936.
Monastic Life Under
the Rule of St. Benedict
and the New Code
Daniel J. Ward, O.S.B.

INTRODUCTION
In the formative years of the revised Code ofCanon Law, it was pro-
posed that there be a special section entitled De Ordine Monastico. The 1

charism, governance, and tradition of monasticism seemed to necessitate

special legislation, particularly because of the autonomy of most monastic
communities. Although the Code has not adopted a special section on
monastic life as such, it does include various canons and references to
monastic communities, 2 which indicate that the Code does distinguish
in some ways the monastic life from other forms of the consecrated life.
This special commentary is based on the premise that the charism
of monastic life does differ from other forms of the consecrated life and
that this difference must be accorded recognition in the interpretation
and application of the Code to monastic life, in keeping with the
3
canonical tradition that a law must be understood in its text and context.
The context is obviously the consecrated life as lived in a monastic com-

munity. Further, the Code specifically states that when a canon refers
to the old law, it is to be assessed in accord with canonical tradition. 4
Certainly the section on the consecrated life refers to and must be
understood in light of past legislation and development. It could not be
a section devoid of enfleshment in the canonical tradition of religious
life in general and, in the instance of monasticism, in the canonical tradi-
tion of monastic life.

should be noted that this commentary is written in the context of

It

monasticism as lived under the Rule of St. Benedict and similar monastic

307
308 / DANIEL J. WARD, O.S.B.

institutesmarked by the important characteristic of autonomy. The

autonomy of these monastic communities determines the relationship be-
tween the various governing structures. It establishes a system of gover-
nance which for the most part rests with the local community rather than
with a hierarchical, multi-level structure. Certain canonical terms and
phrases have a different reference point and understanding in autonomous
monastic communities than they may have in most other institutes. Such
difference dictates a different understanding of the Code as applied to
monastic communities because for the most part the Code is written in
light of more hierarchically structured institutes.
The basic structure of most monastic communities is an autonomous
monastery (abbey or priory) under the leadership of a person (abbot,
abbess, prior, or prioress) directly elected by all the finally professed
members of the community (members of the chapter or capitulars) Such .

a community is most often united to other autonomous communities

through a federation or congregation. Because of varying histories, the
relationship between federations or congregations and individual com-
munities may vary greatly. Generally "congregation" refers to a more
structured association of communities which has canonical authority over
the individual communities, while "federation" refers to a loose associa-
tionwhich has no canonical authority over the individual communities.
Federation has typically described the unions of small, autonomous
monasteries of women scattered throughout Europe. However, the North
American monastic associations have adopted the term, not in the Euro-
pean sense, but in the sense that in English federation describes more
accurately the reality of the associations. The North American com-
munities are highly autonomous with minimum authority given to the
federation. It is the individual communities as corporate entities which
belong to the federation, not the individual monastics of each monastery.
Within the North American religious culture, federation is used to
distinguish the monastic associations from the more centralized, hierar-
chical apostolic congregations of other religious. Federation also seems
more appropriate in English, since the international association of Bene-
dictine groups is called the confederation. Nevertheless, federation in the
North American usage is equivalent to congregation as used in the Code
when referring to monastic groupings.
Throughout this commentary, "federation" will be used, since this
is the term used by the North American associations of monastic com-

munities, and it is hoped that the Apostolic See will understand and per-
mit the continued use of this word as descriptive of the North American
view of monastic associations with some canonical authority.
 Monastic Life and the New Code / 309

The male communities following the Rule of St. Benedict are united
in the International Confederation of Benedictines, having its origins in
the desire of Pope Leo XIII to centralize monks under a single head, like
other institutes. Although Pope Leo founded the Collegio di Sant' Anselmo
in Rome and placed at its head an "abbot primate," the latter is without
Ordinary jurisdiction over any federation and its members. In 1964 Pope
Paul VI confirmed the confederation's charter, which leaves intact the
independence of federations and their respective communities. 5
The female communities following the Rule of St. Benedict are con-
sidered to be "associated" with the confederation, although the mean-
ing of being "associated" is not fully agreed upon, nor, for that matter,
accepted by all Benedictine women. Nevertheless, when the Code refers
to confederation, this commentary will consider Benedictine women as
within the confederation because such association has advantages within
the structure of the Code. 6
Although the issue is discussed later, 7 the issue of who is the supreme
moderator within monastic organization is very unclear in the Code. The
1917 Code, in CIC 488, distinguished the president of a monastic federa-
tion from the head of other religious institutes and applied supreme
moderator only to the latter. In the legislation resulting from Vatican
Council II, certain faculties were granted to the heads of various religious
orders and congregations. The law would then state that the president
of a monastic federation would have the faculty within the monastic
organization. 8 The law was careful not to state that the president was
the same as the head of a religious order or congregation. The new Code
is not so careful. It refers to the head of a religious institute as the supreme
moderator, 9 but nowhere defines the term nor identifies the supreme
moderator within the monastic context. However, in three canons in Book
VII on canonical processes, the Code does distinguish between the presi-
dent of a monastic federation and the supreme moderator of other
religious institutes. 10
C 620, which states that superiors of monastic con-
gregations do not have all the power attributed major superior by
to a
universal law, definitely indicates that the supreme moderator
automatically cannot be identified with the president of a federation.
When the Code, therefore, refers to the supreme moderator, the text
must be interpreted in reference to canonical tradition, since it is refer-
ring to functions exercised in the old law. 11 Under the old law, the
authority accorded to supreme moderator in the new Code at times
belonged to the president of a federation and at times to the head of the
autonomous community. Therefore, supreme moderator in the new Code
must be interpreted accordingly, since there exists a dubium. This posi-
310 / DANIEL J. WARD, O.S.B.

tion is strengthened by two canonical principles. First, custom, which

12
is the best interpreter of the law, clearly stands on the side that the
president of the federation would not be considered as a person with
supreme authority and responsibility. Second, a doubt as to the mean-
ing of a law should be interpreted to the benefit of the subject. In the
present issue, to interpret supreme moderator as the president of the
federation would be detrimental to many monastic groupings, since it
would destroy their spirit and nature, which would be contrary to C 576.
The doubt, therefore, must be given to the tradition of the monastic
federation, that is, the president is not the supreme moderator.
The solution to this issue is that each federation must define in its
proper law who will have the authority of the supreme moderator.
Reference may be made to the old law, but since there is doubt, the
federation could realign the authority in a way
from the old different
law. Therefore, the head of the local community could be given the
authority previously given in the old law to the president and vice versa.
The issue will eventually be solved by negotiations with the Apostolic
See, especially as federations are required to submit their proper law to
the Apostolic See. But monastic federations must be careful not to ac-
cept carte blanche curial interpretations of this issue, especially if such
interpretations erode the federation's structure or the autonomy of in-
dividual communities and the traditional role and authority of the head
of the autonomous community.

COMMENTARY
C 582

Mergers and unions of institutes of consecrated life are reserved to the Apostolic
See alone; confederations and federations are also reserved to it.

In one sense the Code considers that those religious called "Benedictines"
13
constitute one institute. Yet this "one" monastic institute is not the same
as other institutes. For example, C 581 states that the jurisdictional divi-
sion of an institute is left to the competent authority of the institute.
However, if different institutes merge — that is, if separate "religious
orders" join together, such a merger requires the approval of the Apostolic
See. However, C
582 requires that a merger of two Benedictine federa-
tions requires the approval of the Apostolic See, even though the two
federations belong to the same confederation. Thus, the canon recognizes
that a monastic "order" such as the Benedictines does not constitute an
institute in the strict canonical usage applied to other orders and con-
gregations. A monastic order is not an internationally governed commu-
 Monastic Life and the New Code / 311

nity; rather, an order such as the Benedictines comprises a number of

groupings, each somewhat analogous to a religious institute. Yet the order
is not a religious institute per se, as is evidenced by C 620, which states
that the head of a monastic confederation — i.e., —
"order" is a major
superior but does not have all the jurisdictional authority which the
universal law attributes to a major superior.
C
582 recognizes a basic structural anomaly in monastic groupings.
Even though there may be an international grouping such as the Benedic-
tine Confederation, such a grouping is not strictly speaking an institute.
On the other hand, a smaller grouping, that is, a federation, is to be
treated in many instances as a religious institute. Yet it is not a religious
institute in the strict sense, as is seen in C 620, which states that the presi-
14
dent of a monastic congregation does not have all the jurisdictional
authority of a major superior.

C 587

§1. In order to protect more faithfully the particular vocation and identity
of each institute, fundamental code or constitutions must contain, besides what
its

must be observed according to can. 578, fundamental norms about the govern-
ance of the institute and the discipline of members, the incorporation and for-
mation of members, and the proper object of sacred bonds.

§2. A code of this kind is approved by the competent authority of the Church
and can be changed only with its consent.
§3. In thiscode spiritual and juridical elements are to be suitably joined
together; however norms are not to be multiplied unless it is necessary.
§4. Other norms established by the competent authority of the institute are
tobe suitably collected in other codes, which can moreover be fittingly reviewed
and adapted according to the needs of places and times.

An issue which presents special concerns for monastic federations is the

requirement of a fundamental code or constitution. A constitution is re-
quired of each institute, it is to contain the basic norms of the institute,
and it must be approved by the competent authority, either the Apostolic
See for pontifical institutes or the diocesan bishop for diocesan institutes.
The constitution distinguishes the institute from other institutes.
For monasticism it is difficult to determine on what level such a fun-
damental code should exist. As stated in the Introduction, Pope Paul VI
approved in 1964 a charter for the male International Confederation of
Benedictines. But this certainly is not a constitution in the strict sense.
The practice has been to require the federation, which is approved by
the Apostolic See, to submit a constitution, a practice apparently to be
continued after the new Code, even though nothing is specifically stated
312 / DANIEL J. WARD, O.S.B.

in theCode which would make a federation equivalent to an institute.

The practice of a federation submitting a constitution is in keeping with
C 6, §2, which requires looking to tradition if the new Code refers to
the old law. However, in certain instances one autonomous monastery
may be considered an institute and thus required to submit its own in-
15
dividual constitution.
The problem is that in many loosely organized federations there
generally is only one governing document which contains organizational
principles of the federation, the relationships of the federation to the
member communities, enabling legislation required by the universal law,
and other provisions; and although this document generally contains some
fundamental norms, it also contains other norms which under C 587 do
not require the approval of the Apostolic See. The federation document
generally is not viewed as constitutional that is, the fundamental —
—
code for two reasons. First, the fundamental code is the Rule; any other
document is secondary. Second, the federation is not viewed as an in-
stitute like other religious institutes; it is at most a quasi-institute. Itsmajor
function is to aid the autonomous monasteries in their seeking God. The
monasteries as corporate entities, not the individual monastics, belong
to the federation.
Nevertheless, since the practice of the Apostolic See is to require a
monastic federation to submit a constitution rather than the Rule, the
constitution should contain only those elements of organization which
pertain to the basic organization of the federation and to general or pro-
tective norms applicable to the individual monasteries. The latter are
such elements as the consent required of the monastic chapter, the general
conduct of the election of the monastic superior, and the canonical ef-
fect of the vow of poverty. Other more detailed norms, such as the con-
duct of a visitation, the establishment of a dependent priory, requirements
for a leave of absence, and financial matters, should be contained in other
documents which need not be submitted to the Apostolic See.
Since the Code refers to "fundamental code or constitutions," the title
for this basic document need not be the "constitutions," a term used by
most other institutes. A federation should use another term, such as basic
articles or juridic elements, in order to prevent an identification of this
basic document with a canonical institute's constitutions and thus the
identification of the federation as an institute in the strict canonical sense
of the word.

C 608
A religious community must live in a house legitimately constituted under the
authority of the superior designated according to the norm of law; each house
 Monastic Life and the New Code / 313

is to have at least an oratory in which the Eucharist is celebrated and reserved

so that it truly is the center of the community.

A monastic house may be called an abbey, an independent priory, a

dependent priory or a mission, depending upon its status and purpose.
Except in a few federations, an abbey or an independent priory is an
autonomous community with its own major superior. It is the basic unit
of monastic life. Such a community may wish to start a foundation which
is called a dependent priory, a community of persons who still are sub-

ject to and remain part of the autonomous community. Usually the goal
of a dependent priory is to become an independent community. Except
for a few highly centralized monastic federations with numerous depen-
dent houses, an autonomous monastic community establishes a "new
child," a dependent priory, in the hope that such a priory will thrive,
become financially independent, and become a new autonomous
community.
Mission is a traditional term for a small community established
without any intention of becoming autonomous. Rather, the commu-
nity has been established away from the main community to carry on
some work of the community. The term's origin seems to be rooted in
the principle that a small group's being sent from the monastic cloister
"to the world" is permissible when the members are needed outside the
cloister for the mission of the Church.

C 609

§1. Houses of a religious institute are erected by the competent authority ac-
cording to the constitutions with the previous written consent of the diocesan
bishop.

§2. In order to erect a monastery of nuns the permission of the Apostolic See
is also required.

Generally speaking, a dependent priory is established by an independent

community. Both the monastic chapter of the founding monastery and
the diocesan bishop of the place where the priory is to be located must
consent to the foundation and there must be a sufficient number of per-
sons to celebrate communally the Liturgy of the Hours and to live the
common life. After a dependent priory has a stable number of members,
realistic hope of new members, and financial security, it may become
an autonomous community.
Under the 1917 Code independence for a community of pontifical
right belonging to a federation required not only the consent of the found-
ing community's chapter, the diocesan bishop, and the federation, but
a decree from the Apostolic See. Besides establishing the autonomy of
314 / DANIEL J. WARD, O.S.B.

the new community, the decree in the case of a community of men or

a cloistered community of women determined whether the title of the
new community would be an independent priory or an abbey. Usually
the title of abbey was not granted immediately, but only after the com-
munity had been an independent priory for a few years. If the community
was to affiliate with a federation, the decree so stated. Once the title
and the affiliation had been established by the Apostolic See, their change
required permission of the Apostolic See.
C 609 of the revised Code no longer requires the approval of the
Apostolic See for the establishment of an autonomous community;
CIC 497 required the consent of the Apostolic See in the establishment
of all canonical houses of an institute. C 609 leaves such permission to
the competent authority according to the constitutions, providing that
the diocesan bishop comments in writing. No difference is made between
the types of houses, and C 609 replaces entirely the older canon. There
is no reason to interpret C 609 differently for a monastic community,

especially since C 616, §3 requires only the consent of the general chapter
of the federation to suppress an autonomous monastery unless the con-
stitutions state otherwise. Nevertheless, there still remains the question

of title, of which the Code does not speak. A decree of title still might
be required from the Apostolic See if a community is to receive the title
of abbey. It seems prudent, therefore, to clarify explicitly the granting
of independence and title in the fundamental law which must be ap-
proved by the Apostolic See.
The canon still requires the consent of the Apostolic See to establish
a monastery of nuns (monialium), that is, a cloistered community of
women monastics. Since the canon does not distinguish between depend-
ent and independent houses, both require this permission. Thus, it is clear
that the Apostolic See also would establish whether the house would be
a priory or an abbey.
In North America, with very few exceptions, such as the Abbey of
Regina Laudis in Bethlehem, Connecticut, Benedictine communities of
women are not strictly cloistered. The historical reason for this is that
papal cloister was lifted so that the nuns could engage in apostolic work
alongside the monks. It should be noted, however, that because of the
elimination of cloister to become apostolic, the women lost many of the
traditional monastic rights and, in fact, were treated as if they had
become modern apostolic congregations of sisters with simple vows. 16 On
the other hand, the apostolic-oriented monks
no traditional rights.
lost
A male monastery could be an abbey with an abbot, while a female
monastery only could be a priory with a prioress. The men enjoyed a
 Monastic Life and the New Code / 315

great deal of autonomy, while the women were subject to the bishop.
In many women's communities had to be established as
instances the
diocesan, rather than be established as members of an independent
federation.
Today the situation has changed somewhat. The women's com-
munities, for the most part, are autonomous and belong to independent
federations. Yet differences such as abbot versus prioress, abbey versus
priory or convent still exist. Since the Code does not
mat- refer to these
ters, the old practices still govern, but they need to be reexamined in

light of monastic history, modern circumstances, and the principles of

equality enunciated in CC 208 and 606. The Code, itself, would not pre-
vent a community of women without strict papal cloister from being call-
ed an abbey with an abbess as its monastic superior.
In a particular instance, the Apostolic See may erect an autonomous
community of pontifical right which is not affiliated with any federa-
tion. Such an autonomous community, referred to in the Code as an
autonomous monastery of C 615, besides being governed by the canons
applicable to all institutes, is governed by particular canons, which are
discussed under C 615.
Besides communities of pontifical right, a monastic community may
be established as a community of diocesan right. In such an instance the
new community is not affiliated with a federation nor has it likely been
a dependent community of an autonomous community. The reasons for
such a community may vary; for instance, a group of persons not af-
filiated with any monastery may wish to begin a monastic group or
members from one or several monasteries may not be able to receive the
requisite support from an autonomous community or federation.
Whatever the reason, the diocesan bishop, following C 579 for the erec-
tion of any diocesan institute, may establish such a monastic commu-
nity. The diocesan monastic community, which would not belong to any
federation, would be subject to the diocesan bishop and would follow
17
the canons referring to diocesan institutes.

C 613

§1. A religious house of canons regular and monks under the governance and
care of its own moderator is autonomous unless the constitutions state otherwise.
§2. A moderator of an autonomous house is by law a major superior.

While this canon states the general principle of autonomy for monastic
communities, it is unique, since it is the only canon which uses the word
"monks" and refers to a religious house of monks as autonomous. Does
the canon mean that a community of women monastics cannot be
316 / DANIEL J. WARD, O.S.B.

autonomous? If the present autonomous women's communities are no

longer autonomous, have they again become subject to a bishop or to
an abbot? If this canon reflects the idea that nonordained persons can-
not have jurisdiction, it is not very apparent. The meaning of the canon
as referring to males only is very unclear.
Therefore, the principle of C 606, which requires the application of
the law equally to either sex unless the contrary is apparent, applies to
this canon. There no apparent reason that men's communities are to
is

be autonomous, while women's communities are not. Under the old law,
women's communities also have been autonomous. Therefore, despite
the unfortunate use of "monk," the canon must be understood to apply
to all monastics.

C 615

An autonomous monastery which has no other major superior beyond its own
moderator and is not associated with any other institute of religious in such a
way that the superior of the latter enjoys true power over such a monastery deter-
mined by the constitutions is committed to the special vigilance of the diocesan
bishop according to the norm of law.

As noted under the commentary to C 609, the Apostolic See may establish
an autonomous monastery of pontifical right which does not belong to
a federation. Since such a community is not subject to the general super-
vision of a federation, especially to visitation, the law establishes the norm
that the diocesan bishop should take special interest in the community
to be exercised according to law. Besides the general relations between
a monastic community and the diocesan bishop established by law, the
Code sets down special rights and responsibilities of the diocesan bishop
toward this particular type of monastic community. C 625, §2 provides
that the diocesan bishop preside at the election of the superior. C 628,
§2, 1° establishes the right and duty of the diocesan bishop to conduct
a visitation of the community, including review of monastic discipline.
However, the canon does not give the bishop authority to legislate for
or govern the community if he finds problems in the community. The
community is autonomous and of pontifical right, so it must be treated
like an autonomous monastery belonging to a federation. For instance,
a federation can exhort and strongly try to persuade a community to act
upon a recommendation, but if the community refuses, the federation
under traditional law could only resort to the Apostolic See to seek the
removal of the superior. However, the removal of a superior is a rare
event, since the federation respects the individual spirit and style of the
community, while the community realizes that the federation is trying
 Monastic Life and the New Code / 317

to offer positive assistance to enable thecommunity to respond authen-

tically to themonastic charism. A diocesan bishop is to act similarly to
a C 615 type monastery, since his visitation rights are no greater than
a federation's, and his purpose is to act as a substitute for a federation.
C 637 requires that the unfederated community provide a report of
administration to the diocesan bishop. Under the canon this report seems
to include more than a financial report, since the canon uses the phrase
rationem administrationis for the autonomous monastery, but the phrase
rationibus oeconomicis for diocesan institutes. It would seem that the
"report of administration" is broader than a financial report, and would
include the latter. Since visitation of the community would take place
only every three-to-five years, as is the custom in a federation, the an-
nual report would provide the bishop with a summary picture of the com-
munity and might provide useful information for a future visitation or
give indication of the need for a special visitation. The requirement of
a financial report is in keeping with modern federation practices, which
require such annual reports. In some federations the report must be
audited by a certified public accountant. The report is meant to protect
against financial irresponsibility. The bishop, like the head of a federa-
tion, receives the reports and can use persuasive guidance if there ap-
pear to be difficulties, but he has no direct authority over the commu-
nity. His direct action must be to the Apostolic See.
C 638, §4 requires the consent of the diocesan bishop for extraor-
dinary administration of property, such as alienation and exceeding the
debt limitation established by the Apostolic See. It also includes items
fundamental code of the community.
specified in the
According to C 688, §2, the diocesan bishop grants a dispensation
from temporary vows for a member of an autonomous community
governed by C 615.
C 699, §2, which concerns dismissal of a member, states that the
diocesan bishop decides on the dismissal. Since the monastery is of pon-
tifical right, the dismissal must then be transmitted to the Apostolic See
for confirmation.

C 616, §3

The suppression of an autonomous house, such as that described in can. 613,

belongs to the general chapter, unless the constitutions state otherwise.

As mentioned under C 609, the Code changes the old law regarding the
suppression of an autonomous monastic community. The old law required
a decree from the Apostolic See to suppress an autonomous community,
that is, to abolish the community or to reduce its status to a dependent
318 / DANIEL J. WARD, O.S.B.

priory. Under the Code, only the consent of the general chapter of the
federation is required, unless the fundamental code states otherwise.
Therefore, the fundamental code should establish procedures for sup-
pression, empower the president with the consent of counsel to establish
a timetable for the suppression, and provide for the distribution of the
assets of thecommunity in the event that a community is abolished. Such
provisions must keep in mind that the abolition of an autonomous house
differs from the suppression of a province of other religious institutes.
The assets of the autonomous house are in no way assets of the federa-
tion, and the federation as a whole has no claim on the assets. It would
seem that the distribution should be governed by the principle that the
assets be given in some proportion to communities which accept members
from the suppressed house. The fundamental code also should make
special provision, differing from the ordinary transfer process, for the
transfer of the vow of stability, because, when the monastery is abol-
ished or changed to a dependent priory, there is no canonical entity to
which the vow attaches. Although a waiting period before transfer takes
place may not be possible, this generally should not present a problem
if the community members are transferring back to their original com-

munity of profession. 18
C 620

Major superiors are those who govern a whole institute, a province of an in-
stitute,some part equivalent to a province, or an autonomous house, as well
as their vicars. Comparable to these are the abbot primate and superior of a
monastic congregation, who nonetheless do not have all the power which univer-
sal law grants major superiors.

As noted under C 613, a superior of an autonomous house is by law a

major superior. The abbot primate of a monastic confederation and the
president of a monastic federation 19 are also deemed major superiors,
but do not have the authority granted major superiors by the universal
law. The authority of an abbot primate and a head of a federation is
found in the proper law.

C 622

The supreme moderator holds power over all provinces, houses and members
of the institute, which is to be exercised according to proper law; other superiors
enjoy power within the limits of their office.

The head of an institute generally is termed the supreme moderator. This

person exercises authority over all members and subdivisions of the insti-

tute. In a very real sense, the supreme moderator is the chief superior
 Monastic Life and the New Code / 319

of the institute and possesses the authority given by the universal law.
In a monastic federation the term "supreme moderator" presents dif-
ficulties. Except in the highly centralized monastic federations, the presi-

dent is not given extensive jurisdictional power over autonomous com-

munities, and is not the chief superior of the communities. C 620 clearly
The president of a monastic grouping does not have all the
states this.
power which universal law grants a major superior. Nonetheless, the
universal law of the Code does equate the president as a supreme
moderator in some instances 20 and at times leaves in doubt who is to ex-
ercise the authority of the supreme moderator within the monastic
context.
There seems to be a definite trend in the Code to treat a monastic
federation as an institute of the consecrated life with the president holding
the position of the supreme moderator. Such legislation is contrary to
much monastic tradition, especially within North America, and to the
spirit of many federations. The Code, itself, calls for religious life to grow

and flourish "according to the spirit of the founders and wholesome

tradition." 21 The spirit of many monastic communities is autonomy within
a loosely knit federation. To consider the federation as the institute or
the president as the supreme moderator is a violation of that spirit.
Monastic groupings must consider the issues of institute and supreme
moderator. In writing the laws of the federation, care in vocabulary
should be used. Words, such as constitutions, supreme moderator, even
general chapter, all of which have specific meanings in canonical
language and reference to an institute, may require alternate wording
in a monastic federation so as to avoid in the Church at large identifica-
tion of the federation as an institute. The fundamental code could specify
which of those powers attributed in the universal law to a supreme
moderator are to be exercised by the president and which by the head
of the community.
C 624

§1. Superiors are to be constituted for a certain and appropriate amount of

time according to the nature and needs of the institute, unless the constitutions
state otherwise for the supreme moderator and for superiors of autonomous
houses.

§2. Proper law is to provide in suitable norms that superiors constituted for
a definite time do not remain too long in offices of governance without an
interruption.

§3. Nevertheless they can be removed from office during their term or trans-
ferred to another office for reasons determined in proper law.
320 / DANIEL J. WARD, O.S.B.

The ancient tradition of monasticism has been life-time superiors of

autonomous communities. This ancient tradition has been modified in
certain federations, such as the male English Benedictine Congregation,
which has an eight- year term for an abbot with no limit on reelection.
Most North American federations of women have followed the old general
law for religious institutes and have short terms of office with limita-
tions on reelection due to the historical difficulties and treatment en-
countered when cloister was lifted. 22
The Code now recognizes the monastic tradition under this canon,
and so an autonomous community's term of office for the head of the
community need not be a definite period or subject to limitations on
reelection. Monastic federations may adopt life-time tenure, age limita-
tions, or terms for the superior of a community. By tradition, subordinate
superiors within the monastic community do not have terms of office
but serve at the discretion of the head of the community, since these
superiors are the personal representatives of the head of the community
and are by the head of the community.
freely chosen
By tradition the head of an autonomous monastic community can
be removed only by a decree of the Apostolic See. The Code does not
seem to change this practice. In certain federations with less autonomy for
individual houses, the superior of a local community may be removed
without approval of the Apostolic See. Nevertheless, since the Code does
not prevent a change in the tradition, the issue of removal of the head
of an autonomous community should be studied in light of chapter 64
of the Rule and the principle of subsidiarity, that is, would it be better
to have the federation, which is nearer to the difficulty, intervene rather
than the Apostolic See, which may interfere more extensively in the life
of the community than is desired. However, if the head of a community
can be removed by the federation, the federation must establish pro-
cedures which protect both the rights of the superior and the community.

C 625

§1. The supreme moderator of an institute is to be designated by canonical

election according to the norm of the constitutions.
§2. The bishop of the principal seat presides at elections of the superior of
an autonomous monastery, mentioned in can. 615, and of the supreme moderator
of an institute of diocesan right.

§3. to be constituted according to the norm of the con-

Other superiors are
stitutions,but in such a way that if they are elected they need the confirmation
of the competent major superior; if they are appointed by the superior, a suitable
consultation is to precede.
 Monastic Life and the New Code / 321

An head of an autonomous monastic community gener-

election of the
from elections in other religious institutes. In the
ally differs significantly
monastic community all finally professed members (capitulars) have the
right and duty to participate directly in the election unless impeded by
law. Until recently, monastic federations, at least of men, have provided
only for nominations during the election chapter, in keeping with
monastic tradition and with the old law, which was interpreted as for-
bidding the election process of a life-time superior to begin until the of-
fice was actually vacant. Under C 153 the election process may now begin
prior to the vacancy of the office, since the canon prohibits only confer-
ral of a life-time office before the office is vacant.
After the completion of the nomination process and other preliminary
requirements, the chapter for the actual election is held. In keeping with
monastic tradition, which has the force of law, each chapter member
has the right and duty to speak about the candidates. This process is based
upon the right of a chapter member to speak on the issue before the
chapter, a right which cannot be denied except in accordance with law.
The election itself is a direct election by all those present and voting,
although some federations may provide for voting by absent members
through proxy, or through another method, such as phone contact, if
the absent members can be in direct contact with the election chapter
so as to cast a new vote on each ballot.
The president of the federation or delegate confirms the election, ex-
cept for an abbot nullius, who must be confirmed by the Apostolic See.
For an autonomous community of pontifical right which belongs to no
federation, the head of the community must be confirmed by the diocesan
bishop. For a diocesan monastic community, the diocesan bishop con-
firms the election.

C 631

§1. The general chapter, which holds supreme authority in the institute ac-
cording to the norm of the constitutions, is to be so formed that, representing
the entire institute, it should be a true sign of its unity in love. Its foremost duty
is this: to protect the patrimony of the institute mentioned in can. 578, and pro-
mote suitable renewal in accord with this patrimony, to elect the supreme
moderator, to treat major business matters and to publish norms which all are
bound to obey.

§2. The composition and the extent of the power of the chapter is to be de-
fined in the constitutions; proper law is to determine further the order to be
observed in the celebration of the chapter, especially regarding elections and
procedures for handling various matters.
322 / DANIEL J. WARD, O.S.B.

§3.According to norms determined in proper law, not only provinces and

local communities but also any member at all can freely send his or her wishes
and suggestions to the general chapter.

In most monastic federations the general chapter does not enjoy the status
nor fulfill the function of a general chapter in other religious institutes
because the federation itself is not the equivalent of a religious institute.
The general chapter is not considered the fundamental monastic body;
secondary to the autonomous community. Federations, after all, are
it is

an outgrowth of the eleventh-century Cistercian reform and were not

universally mandated for monastic communities until the Fourth Lateran
Council in 1215. In many instances this universal mandate was not im-
mediately implemented. In fact, it was refuted. Further, the reason for
the federation was either to provide a system of corrections for individual
communities or to protect individual communities from abuses such as
commendam abbots.
is the finally professed members
In monastic terminology the chapter
of the autonomous community. This chapter, in conjunction with the
head of the community, is the basic governing body of the community.
Monastic tradition and particular law, both of the federation and of the
local house, govern the chapter. By tradition, which has the force of law,
the chapter must consent to admission to the novitiate and to first and
final vows, to the alienation of property, and to the expenditure of large
sums of money. A chapter member, called a capitular, has the right to
speak on the issue before the chapter and cannot be limited in this right
except in accordance with law.
In many communities, the method of voting, the nonrequirement of
a quorum, the effect of neutral votes, and the numerical requirement
for an affirmative vote have been governed more by tradition than by
federation or universal law. Books I and V affect these traditions, since

they establish certain new procedures and requirements for collegial

bodies. 23 These monastic traditions and customs will have to be exam-
ined in light of CC 5 and 6 to determine whether they are abrogated.
The laws of a federation will need adaptation to the Code's new
requirements.

C 641

The right of admitting candidates to the novitiate pertains to major superiors

according to the norm of proper law.

The admission of persons to the novitiate in an autonomous monastic

community usually requires the consent of the chapter. The consent does
 Monastic Life and the New Code / 323

not force the head of the community to admit the person but the absence
of the chapter's consent invalidates admission to the novitiate.

C 647, §1

The
erection, transfer and suppression of a novitiate house are to take place
through a written decree of the supreme moderator of the institute with the con-
sent of his or her council.

The very existence of an autonomous community includes the right to

have a novitiate. A novitiate anywhere but at the monastery has not been
part of the general monastic tradition. An exception is a dependent priory
which may want to have its own novitiate. The old law required the
consent of the president of the federation and council to establish a
novitiate in a dependent priory. If the supreme moderator is identified
with the president, then C 647 continues the old requirement. However,
since such identification is a dubium, the fundamental code must define
the required consent.

C 654

By religious profession members assume by public vow the observance of the

three evangelical counsels, are consecrated to God through the ministry of the
Church, and are incorporated into the institute with rights and duties defined
by law.

In most instances monastic vows incorporate a person to a particular

autonomous community rather than to a federation. 24 The legal conse-
quences of this are The person has the right to be a member
important.
of his or her monasticcommunity of profession and not to be forced to
become part of another community even within the same federation. On
the other hand, the person does not have the right to transfer freely to
another community, but must comply with C 685, §3 and the federa-
tion requirements. Benedictine monastics by tradition do not profess the
three evangelical counsels in the vow formula, but rather in keeping with
chapter 58 of the Rule profess stability, conversatio morum, and obe-
dience. Monastic life does include a life of chastity and poverty or com-

mon ownership. Since this canon only requires the assumption of the
evangelical counsels, not their inclusion in a vow formula, there is no
need to change the present monastic vow formula to specifically state
the evangelical counsels.

C 667

adapted to the character and mission of the institute

§1. In all houses cloister
is be observed according to the determinations of proper law, with some part
to
of the religious house always being reserved to the members alone.
324 / DANIEL J. WARD, O.S.B.

§2. A stricter discipline of cloister is to be observed in monasteries ordered

to the contemplative life.

§3. Monasteries of nuns which are totally ordered to the contemplative life
must observe papal cloister, namely according to norms given by the Apostolic
See. Other monasteries of nuns are to observe cloister adapted to their own
character and defined in the constitutions.

For a just cause the diocesan bishop has the faculty of entering the cloister
§4.
of monasteries of nuns which are in his diocese, and, for a grave cause and with
the consent of the superior, of permitting others to enter the cloister and nuns
to leave the cloister for a truly necessary period of time.

The Code changes the law of cloister. The old law permitted institutes
to determine the privacy of their houses; except monastics were obligated
to retain cloister. 25 The Code now treats cloister as privacy and leaves
its determination to each institute. The canon recognizes three types of

cloister: a limited cloister to be observed by most communities; a stricter

cloister to be observed by monasteries ordered to the contemplative life;
and papal cloister to be observed by nuns totally ordered to the con-
templative life. The second type of cloister appears to be the proper
cloister for Benedictine communities. This second type of cloister, which
has been the actual practice, undoes the historical wrong done to women's
communities when papal cloister was lifted. A community of women need
not be under papal cloister to be monastic. This was never the canonical
requirement for men. Yet women's communities were treated as late-
nineteenth-century apostolic congregations rather than as monastics when
papal cloister was lifted, even though the "lifted cloister" was no dif-
ferent from the cloister of the men's communities, which were allowed
to maintain their monastic identity, heritage, and autonomy. 26

C 684, §3

For a religious to transfer from an autonomous monastery to another of the

same institute or federation or confederation, it is required and is sufficient to
have the consent of the major superior of both monasteries and the chapter of
the receiving monastery, with due regard for other requirements determined in
proper law; a new profession is not required.

As discussed under C vows in most instances incor-

654, profession of
porates a member autonomous community; profession
into a particular
is made to the particular community and not to the federation. Gener-

ally, under the old law transfer to another monastery within the same
federation was treated like transfer of a religious from one institute to
another institute, except that the probationary period might have been
less than three years and a new profession was not required. Transfer
 Monastic Life and the New Code / 325

to a to another federation required more for-

community belonging
malities, since theabbot primate had to issue a decree of transfer in the
case of a monk. A transfer of a sister or nun from a cloistered monastic
community to a more active monastic community, even if within the
same "order," e.g., Benedictine, required an indult of exclaustration,
a new novitiate, and a new profession of vows.
The Code now simplifies the process, although proper law may re-
quire more formalities. Under the Code, if a member transfers from one
community to another within the same federation or confederation, only
the consent of the two superiors and the chapter of the receiving com-
munity is required; no waiting period nor new profession is required.
Since transfer now is permitted within a confederation, it is important,
27
particularly for women's federations, to define "confederation."

C 686

§1. With the consent of the council the supreme moderator for a grave reason
can grant an indult of exclaustration to a member professed of perpetual vows,
but not for more than three years, and with the prior consent of the local or-
dinary where he must remain if this concerns a cleric. Extending the indult or
granting it for more than three years is reserved to the Holy See or, if there is
question of institutes of diocesan right, to the diocesan bishop.

§2. It belongs to the Apostolic See alone to grant an indult of exclaustration

for nuns.

a supreme moderator with the consent of the council petitions, exclaustra-

§3. If
tion 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 for
grave reasons, with equity and charity being observed.

The entire section on "Departure from the Institute" presents a particular

problem for monastic communities. Under the Code the various pro-
cedures for permanent or temporary departure require the consent of
the supreme moderator of the institute, but as discussed above, 28 most
monastic federations do not have a supreme moderator. If the president
isto be considered the supreme moderator for cases of departure, then
the present monastic practice for departures is changed, and the federa-
tion is interposed in this personal decision between the member and the
head of the autonomous community.
The authority to grant the indult of exclaustration needs to be ad-
dressed in the proper law of the federation.

C 688

§1. Whoever wishes to leave an institute when the time of profession has ex-
pired can depart from it.
326 / DANIEL J. WARD, O.S.B.

During the time of temporary profession whoever asks to leave the institute
§2.
for a grave reason can be granted an indult to leave by the supreme moderator
in an institute of pontifical right with the consent of the council; in institutes
of diocesan right and in monasteries mentioned in can. 615, the indult, in order
to be valid, must be confirmed by the bishop of the house of assignment.

Under the old law, a dispensation from temporary vows was granted
by the president of the federation. The Code states that the supreme
moderator grants the indult to leave. By virtue of C 6, §2, the president
seemingly would continue to grant the indult, since C 688 merely reflects
the old law. The president would be the equivalent in this instance of
the supreme moderator. However, since the concept of supreme
moderator presents a dubium in the case of monastic federations, it would
seem that the head of an autonomous monastery could grant the indult
to leave. This would be more proper in the light of the concept of "ab-
bot" within the Rule. The proper law of the federation should specify
who grants the indult to leave.

C 690

§1. A religious who after completing the novitiate or after profession has left
the institute legitimately, can be readmitted by the supreme moderator with the
consent of the council without the burden of repeating the novitiate; it is up

to the same moderator to determine a suitable probationary period before tem-

porary profession and a time in such vows prior to perpetual profession accord-
ing to the norm of cann. 655 and 657.

§2. With the consent of the council, the superior of an autonomous monastery
enjoys this same faculty.

The old law required the consent of the president of the federation for
a person to return to a community after dispensation from temporary
vows without the necessity of completing a new novitiate and three-year
temporary vow period before final profession. The Code now grants this
faculty to the head of the autonomous community without reference to
the president.

C 691

§1. One who is professed in perpetual vows is not to seek an indult to leave
the institute without very grave reasons weighed before the Lord; such a peti-
tion is to be presented to the supreme moderator of the institute, who is to transmit
it to the competent authority with a personal opinion and that of the council.
§2. An indult of this kind in institutes of pontifical right is reserved to the
Apostolic See; but in institutes of diocesan right the diocesan bishop of the house
of assignment can also grant it.
 Monastic Life and the New Code / 327

This canon, concerning the petitioning for an indult of dispensation from

final vows, would seem to change the present procedure and offers great
difficulties to autonomous monastic communities. The recent practice
has been that the head of the autonomous community submitted the peti-
tion directly to the Apostolic See along with his or her votum.
The Code states that the petition is to be sent by the supreme
moderator with his or her votum and that of the council. In this instance,

if the president of the federation is the equivalent of the supreme

moderator, the process no longer requires the involvement of the head
of theautonomous community; rather, the professed member submits
the petition directly to the president. To bypass the head of the
autonomous community seems inappropriate and to involve the presi-
dent seems unnecessary. The involvement of the president's council is
almost impossible, since the council members belong to various
monasteries, usually at great distances from one another. A council meets
infrequently. To require more frequent meetings by either in person or
phone would greatly enhance expenses and inconvenience members. To
wait for a regularly scheduled council meeting would delay unnecessarily
a petition for dispensation. Profession of vows is not made to the federa-
tion nor is the president involved in admission or profession. Further,
the president in no sense is the superior of the petitioner; neither the
federation president nor his council generally knows the member. The
head of the autonomous community is the superior of the member and
knows the situation.
Monastic federations will need to seek a clarification of this canon
and a change by indult if necessary. If the Apostolic See requires the in-
volvement of the federation president and council, federation procedures
should be established to involve the head of the autonomous community
in the process. These procedures, however, do not belong in the funda-
mental code, but in other documents such as the bylaws, which do not
require approbation of the Apostolic See.

C 695

§1. A member must be dismissed for the offenses in cann. 1397, 1398 and 1395,
unless in the delicts mentioned in can. 1395, §2, the superior judges that dismissal
is not entirely necessary and that the correction of the member and restitution
of justice and reparation of scandal can be sufficiently assured in some other way.
§2. In these cases the major superior, having collected proofs about the facts
and imputability , is to make known the accusation and the proofs to the member
who is about to be dismissed, giving the member the opportunity of self-defense.
by the major superior and a notary, along with the written
All the acts, signed
and signed responses of the member, are to be transmitted to the supreme
moderator.
328 / DANIEL J. WARD, O.S.B.

Under the old law, the head of an autonomous community sent decrees
of dismissal directly to the Apostolic See for confirmation. The Code seems
to alter this procedure. Under
canon the major superior collects the
this
required proofs, or issues the canonical warnings required by C 697, and
forwards the acts to the supreme moderator and council for a decisive
vote. The acts are then forwarded to Rome.
Just as it is inappropriate for the president and council to be involved
in the dispensation from final vows, it is similarly inappropriate in the
dismissal procedure. If the concern is the protection of rights, these are
provided for because the person has the right to counsel and defense,
and the acts must be sent to the Apostolic See for an objective review
and decision.
Nonetheless, the Code seems to require the involvement of the presi-
dent and council if the principle of looking to parallel places in the Code
is used. 29
C 699, §2 requires that the head of an unfederated autonomous
community of pontifical right 30 submit the acts of dismissal to the diocesan
bishop, who judges the issue and, if he believes dismissal is warranted,
forwards the acts to the Apostolic See for decision. The diocesan bishop
acts as a substitute for a federation president. Since the intervention of
the bishop is specifically required, it seems that the intervention of the
president and council also is required.

C 707, §1

§1. A retired religious bishop may choose a place to live for himself even out-
side the houses of his institute unless something else has been provided by the
Apostolic See.

By monastic tradition, a retired bishop who is a monk may choose to

live at any monastery and is not obligated to return to the monastery
of his profession. The Code does not change this tradition.

ABBOTS
CIC 625 of the former Code stated the privileges of abbots, namely, to
confer tonsure and minor orders 31 and to enjoy episcopal privileges of
dignity, such as the use of crosier, miter, and pectoral cross. These
privileges are no longer mentioned in the Code. Nonetheless, abbots re-
tain these privileges by virtue of C 5, which recognizes the continuance
of such customs.
 Monastic Life and the New Code / 329

NOTES
1. Cf. "A Monastic Proposal for the Revision of Canon Law," RfR 26:19-45 (January
1967). M. "The Integration of Monastic Law in the Revised Code," Jur
Basil Pennington.
25:345-50 (July 1965).
2. Cf. CC 613, 614, 615, 620, and 684, §3.
3. C 17.
4. C 6, §2.
"Norms Concerning Association with the Confederation," (private) (undated) ac-
5.
companying letter of Richard Yeo, "To All Benedictine Abbesses and Prioresses," dated
June 1983.
6. E.g., C 684, §3.
7. Cf. C 622 (below).
8. Cf. "Cum admotae" (Sec. St., Rescript, November 6, 1964) AAS 59-374 (Faculties
of Superiors General of Pontifical Clerical Religious Institutes and of Abbots President
of Monastic Congregations, CLD 6:147).
9. C 622.
10. CC 1405, §3; 1427, §2; 1438, 3°.
11. Cf. C 6, §2.
12. C 27.
13. Cf. C 684, §3.
14. Cf. discussion in Introduction, since the Code does use the term "congregation"
within this canon.
15. C 615.
16. William Skudlarek, ed., The Continuing Quest for God: Monastic Spirituality in
Tradition and Transition (Collegeville: The Liturgical Press, 1982) 184.
17. E.g., CC 589, 594, 595, 625, 628, 637, 638, 686, 688, 691, 700.
18. Cf. C 684, §3.
19. The canon uses only the term "congregation." For further discussion on this topic,

see the Introduction.

20. Cf. C 686 below.
21. C 576.
22.For a discussion of the denial of Benedictine women's monastic rights and tradi-
tion, seeJoan Chittister, et al., Climb Along the Cutting Edge, An Analysis of Change
in Religious Life (New York: Paulist Press, 1977) 23, 75-76, and William Skudlarek, The
Continuing Quest for God, Monastic Spirituality in Tradition and Transition (Collegeville:
The Liturgical Press, 1982) 183-86.
23. For examples see C 119 on quorum;C 127, §1 on majority vote requirement;
CC 119, 164-79 on elections; CC
1271-1276 on alienation of property, especially since
alienation now includes any transfer of property or act which lessens the rights on prop-
erty, e.g., a lease.
24. In a few monastic congregations, the members take vows to the congregation rather
than to an individual community, e.g., the Hungarian Congregation and the Sylvestrian
Congregation.
25. AAS 62-548 (CLD 7: 536).

26. See Introduction.

27. See Introduction and C 622.
28. See Introduction.
330 / DANIEL J. WARD, O.S.B.

29. C 17.
30. Cf. C 615.
31. The four minor orders were replaced by the institution of the two ministries reader
and acolyte in a motu proprio by Pope Paul VI, dated August 15, 1972. An abbot retains
the authority to confer these ministries on his monks.
Glossary

Sharon Holland, I.H.M.

ABSENCE: the permission given to a religious by the major superior

with consent of the council, to live apart from a house of the institute
for an extended period of time for a just cause. An absence of more than
one year can be granted in cases of sickness, the pursuit of studies, or
the exercise of an apostolate in the name of the institute.

ADMINISTRATION (of goods) transactions involved in acquiring and

:

managing temporal goods. Ordinary administration involves day to day

operations which do not require special permission. Extraordinary ad-
ministration involves transactions which are beyond those authorized by
approved budgets and guidelines. Statutes of institutes must express limits
and procedures for the authorization of extraordinary acts of administra-
tion.

ALIENATION (of property): the transfer of ownership of temporal

goods to someone else. Property owned by public juridic persons in the
Church is ecclesiastical property, and can be alienated only with the
necessary authorization in order to protect the patrimony of the institute.
The canons also require this authorization for any transaction which could
endanger the patrimony of the juridic person.
APOSTOLIC SEE: a term, referring not only to the Sovereign Pon-
tiff,but also to the Secretary of State, the Office for the Public Affairs
of the Church, the Tribunals, Congregations, and other organs of the
Roman Curia.

BONDS (sacred) : the vows, promises, oaths, or consecrations by which

members of institutes of consecrated life bind themselves to the obser-
vance of the evangelical counsels. Religious profession always implies
public vows. Secular institutes may use a vow, oath, or consecration for
assuming celibacy and vows or promises for obedience and poverty.

331
332 / SHARON HOLLAND, I.H.M.

CESSION (of administration): a juridic act by which the administra-

tion of personal properties turned over to another party who is willing
is

to assume the obligation. This is effected through a document similar

to the power of attorney. Religious must complete cession papers before
first profession.

CHAPTER (general) : the highest extraordinary authority in a religious

institute. Except in very small institutes, this representative body is com-
posed of ex officio and elected members; it functions collegially. It is
charged with preserving the spiritual patrimony of the institute, renew-
ing according to that patrimony, electing the highest superior, and dealing
with the major affairs affecting all.
CLERICAL INSTITUTE: a religious or secular institute which by
reason of the end intended by the founder or due to legitimate tradition
isunder the governance of clerics, assumes the exercise of Holy orders,
and is recognized as such by Church authority.
CLOISTER: a restriction on entrance into or exit from a religious
house. Minimal cloister reserves part of the house for the use of members;
stricter observance is called for in monasteries ordered to the contem-
plative life. In monasteries of nuns which are totally ordered to the con-
templative life, "papal" cloister is observed, more exactly regulating en-
trance into the monastery by outsiders or departure from the monastery
by the nuns.
COMMON LIFE: the observance particular to religious life, by which
all things are held in common, and members are dependent upon the
institute for their material needs.

COMMUNITY LIFE: the term commonly used to refer to religious liv-

ing together, and sharing a common life. It also may refer to the vita
fraterna or communitarian spirit lived by secular institutes, or to the life

in community shared by members of societies of apostolic life.

CONSECRATION (of life): the consecration to God by a "new and

special title" effected through profession of the evangelical counsels of
chastity, poverty, and obedience in religious or secular institutes. The
rite of consecration in a life of virginity is received by the candidate
through the blessing of the bishop.
CONSENT (of the council) : a positive vote by a majority of the coun-
cilors required in certain cases for valid action by a superior. This con-
sent is sometimes called a deliberative vote. In contrast, "hearing the
council" requires that the councilors at least be consulted before action
is taken.
 Glossary / 333

CONSTITUTIONS: the primary book of proper law by which an in-

stitute of consecrated life is governed. It contains the expression of the
institute's nature, end, and spirit, its way of formation, incorporation,
living and governance. Constitutions are often supplemented by other
collections called directories, statutes, or the like.

CONTEMPLATIVE LIFE: the life of institutes which have prayer as

their primary focus and which are not engaged in external apostolates
or are so engaged in a very limited way. Solitude, silence, prayer, and
penance characterize this vocation and the Church recognizes it as hav-
ing great apostolic fruitfulness.

COUNCIL: a body of advisors whose role is to assist those in govern-

ing offices. In cases designated in universal and proper law, their con-
sent or counsel is necessary for the validity of acts.

COUNSELS: the evangelical counsels of chastity, poverty, and obe-

dience based on the life and the teaching of Jesus. These express three

dimensions of the one attitude of Christ's self-offering in the Paschal

Mystery which those professing the counsels seek to enter more radically.
DEPARTURE: the definitive separation from an institute of con-
secrated life, formerly called secularization. An indult of departure (in-
dultum discedendi) carries the dispensation from vows or other sacred
bonds and the cessation of all rights and obligations flowing from
incorporation.

DIOCESAN BISHOP: a bishop to whom the care of a diocese has been

committed. If pastoral needs call for it, he may request one or more aux-
iliary bishops to assist him.
DIOCESAN INSTITUTE: a religious or secular institute erected by
the diocesan bishop, with approval of the Holy See, and remaining under
his special care. Where law calls for the intervention of ecclesiastical
authority, it is usually the diocesan bishop who is competent for diocesan
institutes.

DISMISSAL: a juridic procedure by which a member's incorporation

in an institute of consecrated life is terminated on the initiative of the
institute. This may be done only for the most grave causes, which are
also external, imputable, and juridically proven. A decree of dismissal
must be confirmed by competent ecclesiastical authority before it has
effect.

DISPENSATION: a relaxation of the law, granted by competent ec-

clesiastical authority, e.g., as in the case of impediments which would
invalidate entrance to the novitiate. Dispensation from vows follows from
334 / SHARON HOLLAND, I.H.M.

legitimately granted indults for departure from religious life or from

decrees of dismissal.

ERECTION: the act by which an institute is officially established and

recognized by competent ecclesiastical authority.

EXCLAUSTRATION: a temporary form of separation from a religious

institute.The vows remain but the individual is exonerated from the
obligations which cannot be observed in the new form of life; active and
passive voice are lost.

EXEMPT INSTITUTE: an institute which has been removed, by the

Sovereign Pontiff from the jurisdiction of the local Ordinary, and made
subject to himself or some other authority. This is intended to serve the
mission of the Church and the good of the institute.

HABIT: the traditional English rendering of the Latin habitus which

is used in the canons on both the ecclesiastical garb of clerics and the
clothing worn by religious as a sign of their consecration and a witness
to poverty.

HERMIT (anchorite) : a person who lives in greater seclusion from the

world, in solitude, prayer, and penance, in praise of God, and for the
salvation of others. The law recognizes this as a form of consecrated life

when the evangelical counsels are publicly professed in the hands of the
diocesan bishop and lived under his guidance.

IMPEDIMENTS: conditions which would invalidate, or make illicit,

one's admission into an institute of consecrated life. These include such

things as age, a marriage bond, or another sacred bond. Dispensation
from the impediment must be sought before admission.
INC ARDINATION : the affiliation of a cleric to his institute, or to a
diocese for service in and support from, that institute or diocese. Religious
clerics are incardinated in their institute; clerical members of secular in-
stitutes are usually incardinated in their diocese.

INCORPORATION: the act by which an individual becomes a

member of an institute. This is effected through the profession of the
evangelical counsels. Rights and obligations according to universal and
proper law follow from incorporation.
LOCAL ORDINARY: a term which besides the Roman Pontiff,
diocesan bishops, and those equivalent to them in law, also includes those
enjoying ordinary, executive power, i.e., vicars general and episcopal
vicars. The term "local Ordinary" does not include major superiors of
pontifical clerical religious institutes and societies who are called or-
dinaries for their members.
 Glossary / 335

MAJOR SUPERIORS: who govern a whole institute, its provinces

those
or equivalent parts, or who
govern autonomous houses such as abbeys
or priories, and their vicars. Abbot primates and superiors of monastic
congregations are similar to major superiors but do not have all of the
same powers.
NOVITIATE: the period of initial formation in religious institutes. The
purpose of this time is to allow both the individual and the institute to
more deeply examine the candidate's vocation to the institute, to allow
an experience of the life of the institute and formation in its spirit and
to evaluate the candidate's suitability. The comparable period of time
in secular institutes is simply called "initial probation."

PATRIMONY (temporal): all of the goods in funds, properties,

securities or any form, which belong to an institute. (Spiritual): the
nature, end, spirit, and character of the institute according to the intent
of the founder or foundress, and the institute's sound traditions.

PIOUS UNION: the traditional name for an association of the faithful

become a religious or secular institute. This is the first step
destined to
toward approbation and is within the authority of the diocesan bishop.
PONTIFICAL INSTITUTE: an institute erected by the Apostolic See
or approved by through formal decree. Such institutes have usually
it

been diocesan for some years previously. As pontifical, the institute is

immediately and exclusively under the jurisdiction of the Apostolic See
in matters of internal governance and discipline.

PROBATION: the time of formation and discernment prior to formal

incorporation in an institute. Initial probation in religious institutes is

called novitiate; in secular institutes, the term initial probation is used.

The transfer process calls for a minimum of three years probation in the
new institute.

PROFESSION: the formal act by which religious assume observance

of the three evangelical counsels by publicvows and are thus consecrated
to God through the ministry of theChurch and incorporated into the
institute with the consequent rights and obligations.
PROMISES: a form of sacred bond, sometimes used by secular institutes,
for assuming the counsels of poverty and obedience. Promises were
allowed to religious on an experimental basis but are no longer provided
for in the Code. Promises are addressed to the institute or moderators;
a promise made to God is, by definition, a vow.

PROPER LAW: the law of an institute of consecrated life, including

as a principle code, the fundamental law or constitutions, and other col-
336 / SHARON HOLLAND, I.H.M.

lections of statutes, norms, or procedures by which the institute is

governed.

PROVINCE: the name given an immediate part of a religious institute,

composed of several houses under the same superior and canonically
erected by legitimate authority.

RELIGIOUS INSTITUTE: an which

institute of consecrated life in
members, according to proper law, pronounce public vows and lead a
community life in common.
RENUNCIATION: a legal act by which a religious gives up personal
ownership of monies or goods, in favor of the institute or some other per-
son or group.

SCRIS: the Sacred Congregation for Religious and Secular Institutes,

the organ of the Roman Curia dealing with institutes of consecrated life.
The 1985 Annuario dropped the word "Sacred" from the
Pontificio has
titles of Roman Congregations, suggesting a new acronym, CRIS.

SECULAR INSTITUTE: an institute of consecrated life in which Chris-

tians living in the world, seek the perfection of charity, and work for
the sanctification of the world, especially from within.

SECULARIZATION: the name previously used for definitive depar-

ture of a member from a religious institute.

SEPARATION: a general term for the various forms of temporarily

or permanently being removed from the life of an institute. This may
take the form of transfer, exclaustration (religious only), departure, or
dismissal.

SOCIETIES OF APOSTOLIC LIFE: societies similar to institutes of

consecrated whose members, without religious vows, pursue an
life,

apostolic end and lead a community life in common. According to their

own mode, they seek the perfection of charity through observance of con-
stitutions. In some societies, the evangelical counsels are assumed by a
bond prescribed in the constitutions.
SUPPRESSION: a legal act by which the existence of a house, province,
or institute is terminated as a juridic entity.
SUPREME MODERATOR: the major superior or moderator who has
authority in the whole institute, its provinces, houses, and members ac-
cording to proper law.

TRANSFER: the canonical process by which a perpetually professed

or incorporated member of one institute changes his or her membership
 Glossary / 337

to another institute. After a period of probation a new profession is re-

quired, except between autonomous monasteries of the same institute,
or federation or confederation.

VOW: a free and deliberate promise made to God. In institutes of con-

secrated life, the content of these vows is the evangelical counsels of chas-
tity, poverty, and obedience, to be lived according to their constitutions.
A vow is called public if received in the name of the Church by a
legitimate superior; otherwise it is private.
Appendixes
Appendix 1

Forms to Record or to Verify Canonical Acts

Mary David Olheiser, O.S.B.
Daniel J. Ward, O.S.B.

Agreement Between Diocesan Bishop and Major Superior

Cession of Administration of Personal Property

Departure
Form I Petition for Indult of Departure to Supreme Moderator
Form II Petition for Indult of Departure to His Holiness
Form III Curriculum Vitae of Petitioner
Form IV Letter of Approval to His Holiness by Supreme
Moderator
Form V Acceptance of Indult of Departure and Waiver of All
Claims for Dispensation
Form VI Commission of Instruction for Dispensation from the
Priesthood

Dismissal of Religious Member

Form I Declaration of Automatic Dismissal
Form II Statement of Right of Defense
Form III First Canonical Warning

Dispensation from Temporary Vows

Form I Petition for Dispensation from Temporary Vows
Form II Dispensation from Temporary Vows
Erection of a House of a Religious Institute

Form I Authorization to Erect a House of a Religious Institute

Form II Authorization to Erect a Dependent Priory of a
Monastic Institute
Form III Governance of a Dependent Monastic Priory

341
342 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

Exclaustration

Form I Petition for Exclaustration

Form II Indult of Exclaustration

Release of Medical Information

Declaration Concerning Remuneration

Renunciation of Goods
Petition for and Approval of Transfer

Will of Testator

INTRODUCTION
A number of canons in the law for religious require forms to record or
to verify canonical acts.
The forms illustrated here aremodels that can be adapted to the needs
of religious institutes whether apostolic or monastic. The forms are selec-
tive, not taxative.
A religious institute should check with a civil lawyer for forms re-
quired by civil law. Such forms differ from state to state.

COMMENTARY
The two forms for authorization to erect a house of a religious institute
illustrate the recording of the erection of an independent house by the
competent authority of a congregation and the recording of the erection
of a dependent priory by an autonomous monastery. The third form is
included to illustrate the granting of rights and privileges of governance
to a dependent monastic priory.
 Appendix 1 / 343

Agreement Between Diocesan Bishop

and Major Superior
On this day of. in the

year , the

represented by

and the Diocese of represented by

the Diocesan Bishop, enter

into this agreement concerning the apostolic work of

The specific terms of the agreement to be carried out is attached hereto.

This agreement was signed and declared by the above named Major
Superior and Diocesan Bishop in the presence of each other on the day
and year written above.

Signature of Major Superior

Signature of Diocesan Bishop.

344 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

Cession of Administration of Personal Property

I, , who having made my

profession in the Congregation of ,

on hereby grant the power of attorney during my

(date)

lifetime in this Congregation of my personal property consisting of

Item Amount

or any property subsequently acquired by me to be administered by

( ) the Congregation
or

( )

(name) (relationship)

(address)

(city) (state) (zip code)

The income derived therefrom shall be

( ) added to the principal

( )
given to the Congregation

( )
given to

Signature
Witnesses (1).

(2).

Date
 Appendix 1 / 345

DEPARTURE
FORM I

Petition for Indult of Departure

to Supreme Moderator
To:
(supreme moderator)
Congregation of

(address)

I, of the

located at
(religious institute)

request
(address)

a dispensation from perpetual vows according to the provision of canon

law for the reason(s):

Signature
(petitioner)

Dated:

Place:
346 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

DEPARTURE
FORM II

Petition For Indult of Departure to His Holiness

Date

His Holiness
The Vatican
Vatican City

Most Holy Father:

I sincerely ask you to grant my petition to be dispensed as soon as

possible from the perpetual vows which I took as a member of the

Congregation of of
(religious institute)

on
(complete address)

(date)

The reason why I ask for this release from my vows is the fact that
I am not able to persevere in fulfilling them. The reasons why I am unable
to do so are:
(Here the petitioner should briefly but concretely detail the actual
reasons motivating the request. Indicate what means spiritual, —
psychological, or medical have been used in order to resolve existing
problems.)

Ihave consulted both with my immediate superior and my spiritual

director and they support my petition for dispensation.
With sentiments of reverence and devotion, I remain

Obediently yours in Christ,

(religious name)

(secular name)
 Appendix 1 / 347

DEPARTURE
FORM III

Curriculum Vitae of Petitioner

Curriculum vitae of
(petitioner)

Date and place of birth:

Date of first vows:

Date of final vows:

Apostolates: List all apostolates the petitioner has served in — giving

place and date:

Apostolate Place Date

348 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

DEPARTURE
FORM IV

Letter of Approval to His Holiness

by Supreme Moderator
Date

His Holiness
The Vatican
Vatican City

Most Holy Father:

I present for consideration the petition of

for a dispensation

from perpetual vows professed on

(date of final vows)
in the of
(religious institute)

whose
(address)
motherhouse is in .

(Here are set forth the statements of the Supreme Moderator and that
of his/her council.)

In view of the above statements I approve the request and recommend

that this petition for dispensation from perpetual vows be granted.

Asking your Holiness' blessing, I am

Most respectfully yours,

(signature)

(supreme moderator)

(religious institute)
 Appendix 1 / 349

DEPARTURE
FORM V

Acceptance of Indult of Departure and Waiver

of All Claims

TO WHOM IT MAY CONCERN:

This is to certify that in view of my requesting a dispensation from

perpetual vows, and having received the dispensation from the Congre-

gation for Religious, Rome, Italy, Prot. No ,

dated , releasing me from the membership

in the ,

I hereby surrender and waive all claims I may in any way have had

against
(religious institute)

by virtue of my profession in it or my living as a member of this religious

congregation.

I acknowledge receipt of the following monies to assist with my

expenses:

Signature
(petitioner)

Dated:

Witnesses

Dated:
350 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

DEPARTURE
FORM VI

Commission of Instruction for Dispensation

from the Priesthood
I, , Superior General of the

Congregation ,

hereby delegate of the same

Congregation,

to conduct the process for Dispensation from Religious Vows and Priestly

Obligations in the above-named case.

(superior general)
Congregation of

Dated:

Place:
 Appendix 1 / 351

DISMISSAL
FORM I

Declaration of Automatic Dismissal

TO:
(name of religious)

AND ALL OTHERS CONCERNED:

, a professed member of
(name of religious)

, has contracted marriage

(name of institute)

contrary to his vows and thus has incurred the penalty of automatic

dismissal under C 694, §1, 2°.

The facts are as follows:

Wherefore, by virtue of canon law and the laws of the Congregation,

I, the major superior, with the concurrence of my council, decree and

declare that the above-named member of the Congregation is

automatically dismissed from the Congregation. Vows, rights and obliga-
tions of the above-named member hereby cease (C 701), and the Con-
gregation shall not be responsible in any manner for the above-named
member nor for any of his or her obligations.

Given at

on
(major religious superior)

(secretary of the council)

352 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

DISMISSAL
FORM II

Statement of the Right of Defense

THE PETITION )
MEMORANDUM
FOR DISMISSAL OF )

STATEMENT OF THE RIGHT

OF DEFENSE

I, of the
(religious institute)

of declare that I have

(address)

had the opportunity to state my defense and that I have nothing further

to add in defense of myself to the Acts now presented to the Congrega-

tion for Religious and Secular Institutes in the Petition for Dismissal.

(respondent)

Date:

Place:

(advocate for the respondent)

NOTARY:
 Appendix 1 / 353

DISMISSAL
FORM III

First Canonical Warning

TO:
(name of religious)

In accordance with the provisions of canon law and the law of our Con-

gregation, you are hereby given the first canonical warning required by
C 697, 2° prior to being dismissed from our Congregation. Having heard

the advice of my council, I now declare that you will be dismissed from
our Congregation unless you
[e.g., return to the Motherhouse within fifteen days from the issuance
You have been unlawfully absent from the Congrega-
of this warning.
tion formore than six months, and have refused previous requests
and admonitions to return to community life. ] (More details may be
required.)

If you fail to comply within fifteen days of the issuance of this first

canonical warning, you will be given a similar second warning. If you

fail to comply with the second warning, I will proceed with the process

of dismissal.

You have the right under law to self-defense, including canonical counsel,

in this matter at all stages. You have the right to present your defense
to me, in person or in writing, against this first canonical warning and
proposed dismissal within fifteen days of issuance of this warning. You
also have the right to communicate with and offer a defense directly to
the Superior General in Rome.
Please be advised of the seriousness of this matter.

Given at

on
(major religious superior)
 :

354 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

DISPENSATION
FORM I

Petition for Dispensation from Temporary Vows

I, , a temporarily

professed member of the

(religious institute)

of request an
(address)

indult to leave according to the provisions of canon law for the reason(s)

Signature
(petitioner)

Date

Place
 Appendix 1 / 355

DISPENSATION
FORM II

Dispensation from Temporary Vows

In accordance with the provisions of canon law, I,

having obtained the consent of the

(supreme moderator)
Council, grant an indult to leave to

(petitioner)

In accordance with the provisions of canon law the petitioner is

dispensed from vows and is free from all obligations arising through his or

her profession in the

(religious institute)

Signed
(supreme moderator)

(congregation)
Dated:

Place:

Accepted and signed by petitioner

Dated:

Place:
356 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

ERECTION OF A HOUSE
FORM I

Authorization to Erect a House of a

Religious Institute

The of
(authorizing body)

(religious institute) (address)

grants this charter in accord with the Constitutions of _

to and for the

to be situated at
(new house)
in the diocese of
(address)

(diocese)

The authorized by the vote of

(name of new house)
the on
(authorizing body) (date)

is hereby founded with the approval of the Diocesan Bishop,

of
(name) (diocese)

on
(date)

Signature
(for authorizing body)

(title)

Signature
(for diocesan bishop)

(title)
 Appendix 1 / 357

ERECTION OF A HOUSE
FORM II

Authorization to Erect a Dependent Priory of a

Monastic Institute
The monastic chapter of
(monastery)
of grants this charter of erection in
(address)

accord with the Constitution of

(federation)

to and for the to be

(dependent house)
situated at in the diocese of

The dependent priory authorized by vote of the monastic chapter on

is hereby founded with the approval of the

(date)

Diocesan Bishop, of

on
(diocese) (date)

Signature
(for monastery)

(title)

Signature
(diocesan bishop)

(title)
358 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

ERECTION OF A HOUSE
FORM III

Governance of a Dependent Monastic Priory

is hereby granted all the rights
(dependent house)
and privileges and assumes the obligations of a dependent priory in

accord with the Constitution of the

(federation)

A. Motives for Founding the Dependent Priory.

(Motives for founding the dependent priory should be set forth
in this place.)
B. Purpose of the Dependent Priory.
The purpose of this priory is to establish monastic life according

to the at
(Rule)

(dependent priory) (address)

C. The Works of the Dependent Priory.

shall have as its works:

(dependent priory)
(A listing of the works may be given here.)
D. Administration of Dependent Priory.
1. The Major Superior of the founding house is the major
superior of the dependent priory and has full jurisdictional
power over the dependent priory.
2. The superior of the dependent priory shall be elected by the
members of the dependent priory for years, but
confirmed by the abbot/ abbess of the founding house.
3. By virtue of appointment, the superior of the dependent
priory shall have all delegated authority necessary to serve

the priory, except:

(list any reservations of jurisdiction)

 Appendix 1 / 359

Given at

on

(abbot/abbess of founding house)

360 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

EXCLAUSTRATION
FORM I

Petition for Exclaustration

TO:
(supreme moderator)

Congregation of

I, a perpetually professed member

of the Congregation of

request an Indult of Exclaustration for a period of

according to the provisions of canon law and of the

Constitutions of the Congregation

for the reason (s):

[e.g., to discern whether I wish to continue as a member of the Con-

gregation. ]

Signature
(petitioner)

Dated

Place
 Appendix 1 / 361

EXCLAUSTRATION
FORM II

Indult of Exclaustration

Indult of Exclaustration for

Address:

In accordance with the Code of Canon Law and the request of the above-
named religious, an indult of exclaustration is granted for a period of
year(s) from the date of acceptance of the Indult for the
reason (s):

(C 686, §1)
During the period of exclaustration, the religious is considered as dis-
pensed from those obligations incompatible with his/her new condition
of life except that the religious shall remain bound to celibacy and shall
be subject to his/her major religious superior. The religious shall keep
the major religious superior informed of his/her residence and telephone
number. He/she may (not) wear the religious habit. The right to active
and passive voice in the institute is suspended.

During the period of exclaustration, the religious shall be responsible for

all his/her financial obligations and the religious institute shall not be

responsible for any of his/her financial obligations whatsoever.

(C 639)

At the expiration of this indult, the religious shall be obligated to return to

, unless
further dispositions shall have been made.

Granted
(supreme moderator)
362 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

Consent of the Council

given at
(secretary of the council)

on

I, the undersigned religious, hereby accept the Indult of Exclaustration

and its terms.

(date) (religious)
 Appendix 1 / 363

Release of Medical Information

I, , do hereby

authorize any hospital or doctor, from whom I have received medical

services of attention, to release to

, any and all information from

records or personnel which may be in their possession. Such release of

medical information shall apply to all organizations and persons who

may have medical knowledge concerning my physical and mental health.

I further authorize such persons having knowledge about my case to

discuss all aspects of my physical and mental health with any represen-

tative of

Dated this day of , 19

Sworn and Subscribed

before me the

day of , 19.

(notary public)
364 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

Declaration Concerning Remuneration

I, otherwise known in religion

as of
(religious institute)

in the county of

and the state of

IN CONSIDERATION of the law of the Roman Catholic Church

concerning the remuneration of candidates, postulants, novices, and
members of a religious community acknowledged by the Roman Catholic
Church which law I fully know and deliberately acknowledge and to
which I voluntarily and fully submit myself, and
FOR AND IN CONSIDERATION of the benefits accruing to me as
candidate, postulant, novice, or member of the approved religious

community, incorporated as existing

(name of corporation)
under and by virtue of the laws of the state of .

DO SOLEMNLY STATE AND DECLARE, that I shall never claim

or demand,directly or indirectly, any wages, compensation, remunera-
tion, orreward, either in specie or by way of annuity or pension, for
the time or for the services or work that I devote for or with

during the time I may remain

there or elsewhere in the name of or upon commission from

IN WITNESS WHEREOF I have subscribed my name this

day of

Signature

Witnesses (1)

(2)
 Appendix 1 / 365

Renunciation of Goods
In consideration of the laws of the Roman Catholic Church concern-

ing the renunciation of goods and the Constitution of the

I,

renounce (all, part) of my goods amounting to $

and all goods which I may acquire in the future.

Signature

Witnesses (1)

(2)

I, , the major superior with

the consent of Council approve the request of

to renounce (all, part) of his/her

goods amounting to $ and all goods which

he/she may acquire in the future.

Signature
(supreme moderator)
Signature
(secretary to council)
Date
366 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

Petition for and Approval of Transfer

To: Supreme Moderator

(of petitioner's own institute)
and
To: Supreme Moderator
(of institute to which petitioner requests to transfer)

I, , a perpetually

professed member of the

of

request permission to transfer from the said Congregation to the

of

The transfer will be effective upon completion of the requirements

of canon law and proper law.
My reasons for requesting a transfer are:

I understand that throughout the period during which the proposed

transfer will be discerned I am subject to the Constitution of

Signature of Petitioner

Dated

This request is approved and formalized as of the date below and

by the signatures of the supreme moderators of the releasing and receiv-
ing religious institutes having the previous consent of their Councils.

Signature
(supreme moderator of
releasing institute)

Dated

Signature
(supreme moderator of
receiving institute)

Dated
 Appendix 1 / 367

Will of Testator

I, ., also known as

of ., revoke any prior wills

and codicils, and make this my will.

ARTICLE ONE
PAYMENT OF EXPENSES AND TAXES
1. My personal representative shall pay from the residue ofmy estate
my last illness and funeral, valid debts including any taxes
the expenses of
owed by me at my death, expenses of administering my estate, including
non-probate assets, and other death taxes, except any
and any estate
generation-skipping transfer tax, which become due because of my death,
including any interest and penalties. There shall be no apportionment
of any such taxes, and I waive on behalf of my estate any right to recover
any part of them from any person, including any recipient of property
passing apart from this will.

ARTICLE TWO
SPECIFIC GIFTS
2. I give the following:

2.1 I give my tangible personal property as follows:

(Here list specific gifts)

2.2 I give all interest (real or personal) in real property as follows:

(Here list real property)

ARTICLE THREE
RESIDUE
3. I give the residue of my estate consisting of all
property which I can
dispose of by will and not effectively dispose of by the preceding articles
of this will, except any property over which I may then have a testamen-
tary power of appointment to

ARTICLE FOUR
PERSONAL REPRESENTATIVE
4. I nominate the person holding the office of
368 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

4.1 The Superiorat the time of my death shall have the power to
nominate any additional or successor personal representative.
4.2 No bond be required of any personal representative nomi-
shall
nated by the Superior or me.
4.3 My personal representative, in addition to all other powers con-
ferred upon him/her by law that are not inconsistent with those
contained herein, shall have the power, exercisable without
authorization of any court:
4.3.1To sell at private or public sale, to retain, to lease, and to
mortgage or pledge for the purpose of borrowing money, any or
all of the real or personal property of my estate;
4.3.2 To make partial distributions frommy estate from
time to
time and to distribute the residue of my estate in cash or in kind
or partly in each, and for this purpose to determine the value
of property distributed in kind.

4.3.3 To exercise or not exercise any selection or option granted

my personal representative by the Internal Revenue Code or the
tax statutes of any state, without making any adjustment to estate
principal or income that may be affected by such exercise or non-
exercise.

ARTICLE FIVE
GENERAL GOVERNING PROVISIONS
5. The following provisions shall apply to the interpretation of my will
and the administration of my estate.

5.1 The rules of law and statutes of the State of ,

insofar as legally possible, except as altered by this will, shall

govern in all respects the meaning and legal effect of this will
and the administration of my estate. Except asI have otherwise

provided, all references to applicable law and

Statutes mean those in force and effect on

the date of my death and shall include any amendments and suc-
cessor provisions thereto.

5.3 Where appropriate, the feminine includes the masculine, the

singular includes the plural, and vice versa.

5.4 I direct unsupervised administration of my estate and that my

estate be administered in as informal a manner as my personal
representative deems advisable and applicable law permits.

I have signed this will consisting of ( )

pages, this
 Appendix 1 / 369

page included, on , 19

Testator

We certify that in our presence on the date appearing above in the State
of ,
signed the foregoing
instrument and acknowledged it to be her/his will, that at her/his re-
quest and in her/his presence and in the presence of each other, we have
signed our names below as witnesses, and that we believe her/him to be
of sound mind and memory.

residing at

residing at

Self -Proved Affidavit

THE STATE OF )

ss.
COUNTY OF _ )
)

We, and
(testator) (witnesses, respectively)

whose names are signed to the

attached or foregoing instrument, consisting of typewritten

pages, being duly sworn, do hereby declare to the undersigned
first

authority that the Testator signed and executed the instrument as his/her
last willand testament that he/she signed willingly, and that he/she ex-
ecuted as his/her free and voluntary act for the purposes therein ex-
it

pressed; and that each of the witnesses, in the presence and hear of the
Testator, signed the will as witnesses, and that to the best of their
knowledge the Testator was at the time 18 or more years of age, of sound
mind and under no constraint or undue influence.

(testator)

(witness)

(witness)
370 / MARY DAVID OLHEISER, O.S.B., DANIEL J. WARD, O.S.B.

Subscribed, sworn to and acknowledged before me by

, the Testator, and subscribed and sworn to

before me by and

Witnesses, this day of , 19

(notary public)
Appendix 2

Canons That Refer and Proper

to the Constitutions
Law of Institutes of Consecrated Life and Societies
of Apostolic Life

Jordan Hite, T.O.R.

One of the principles used in preparing the 1983 Code of Canon Law
for institutes of consecrated life and societies of apostolic life was that
the common law should contain only the general principles leaving to
the institute or society suitable freedom to apply the principles in accord
with their own particular purpose and spirit. This was done to avoid
a "leveling off by the use of excessively specific norms in the common
law while at the same time indicating in the common law the areas in
which the institute or society should develop its own norms.
This resulted in a series of over one hundred canons that refer to the
constitutions and proper law of institutes and societies. It is helpful to
have a list of them so that constitutions and proper law can be prepared
in accord with the canons. It should be noted that the matters covered
in the canons do not exhaust the material for constitutions, since SCRIS
may expect additional material. 1

In regard to proper law, the intent of many of the canons is to alert

the institute or society that if the matter is important or relevant it should
be in the proper law. In fact, the majority of the references are relevant
to most communities although some may not be an important concern
for a particular institute or society. The canons referring to proper law
do not state the level of proper law in which a particular item should
appear: a directory (Book II), policies, procedures, etc. The book in which
an item appears is a guide to the level of authority required to change
it, thus, constitutions need the approval of SCRIS or the diocesan bishop

(if a diocesan institute), a directory usually needs the approval of a chapter

and policies and procedures the approval of the council. Whatever the

371
372 / JORDAN HITE, T.O.R.

term used for the proper law of an institute or society, the authority to
change it should be a part of its law.
In addition, there are some canons or areas of life of an institute that
invite the development of proper law even though not referred to
specifically in the canons. Thus, although the list will be a guide to the
canons it is not exhaustive in the sense that the life and needs of the insti-
tute will be the foundation for its proper law. The list is divided into
sections, one containing the canons that use the term constitutions, the
other using the term proper law. In some cases in which the use of the
term proper law appears to include constitutions it is listed under consti-
tutions. The following are paraphrases of the canons and the full text
should be consulted for accuracy.

1 . See Report of the Council of the "16," April 29, 1983 providing a similar list of canons
referring to the constitutions and proper law. The list in the Report includes canons that
do not have a reference to matter to be placed in the constitutions (CC 580, 585; 588,
§3; 598, §2). It is noted at page 5 of the Report that SCRIS can ask that certain norms
appear in the constitutions rather than in secondary codes. See also the list in Guttierrez,
A., "The New Code of Canon Law and the Internal Law of Institutes of Consecrated
Life" ConLife 9 (1984) 81-97 at 90-95.
 Appendix 2 / 373

Canons Using the Term Constitutions or

Referring to the Constitutions

Book II, Part III, Section I

Title I: Common Norms

1. C 573, §2 The faithful profess the evangelical counsels according
to the proper laws of the institute.
2. C 578 The nature, spirit and character of the institute accord-
ing to the founder, are to be ratified by the competent
Church authority (describing the constitutions).
3. C 581 Dividing, erecting or forming parts is according to the
constitutions.
4. C 587, §1 Besides the things stated in C 578 the constitutions con-
tain norms regarding governance, discipline, incorpora-
tion and formation of members, and the object of sacred
bonds.
5. C 587, §2 The fundamental code (constitutions) is approved by
competent authority and can be changed only with its
consent.
6. C 587, §3 Spiritual and juridical matters are to be suitably joined
together in the fundamental code (constitutions), but
norms should not be multiplied.
7. C 595, §1 The bishop
of the principal seat of a diocesan institute
approves the constitutions and changes therein.
8. C 595, §2 The diocesan bishop can grant dispensation from the con-
stitutions in certain cases.
9. C 596, §1 Superiors and chapters enjoy authority over members
which is defined in the constitutions.
10. C 598, §1 The constitutions should define the manner of living the
evangelical counsels.
11. C 601 Obedience obliges one to superiors who rule according
to the particular constitutions (cf poverty,
. C 600 where
proper law is used).

Title II: Religious Institutes

Chapter I: Religious Houses: Their Erection and Suppression

12. C 609 Houses are erected by the competent authority accord-
ing to the constitutions.
13. C 613, §1 Houses of regulars and monks are autonomous unless the
constitutions state otherwise.
374 / JORDAN HITE, T.O.R.

14. C 614 Monasteries of nuns attached to an institute of men main-

tain their order of life and governance according to their
constitutions.
15. C 615 The superior of an autonomous monastery enjoys true
power as determined by the constitutions.
16. C 616, §1 A religious house can be suppressed by the supreme
moderator in accord with the constitutions (after con-
sultation with the bishop), but proper law provides for
disposition of goods.
17. C 616, §3 Suppression of autonomous houses belongs to the general
chapter unless the constitutions state otherwise.
18. C 616, §4 When an autonomous monastery of nuns is suppressed
by the Holy See, the constitutions are to be followed
regarding its goods.

Chapter II: Governance of Institutes

Article 1: Superiors and Councils

19. C 623 For the valid nomination of a major superior a suitable
time after perpetual profession is required and this time
is to be determined by the constitutions. (For other
superiors by proper law).
20. C 624, §1 Superiors are to hold office for a certain period of time
unless the constitutions state otherwise for the supreme
moderator or a superior of an autonomous house.
21. C 625, §1 The supreme moderator of an institute is to be designated
by canonical election according to the constitutions.
22. C 625, §3 Other superiors are to be constituted according to the
constitutions.
23. C 627, §1 According to the norms of the constitutions superiors
should have their own council.

Article 2: Chapters

24. C 631, §1 The general chapter has supreme authority according to

the constitutions.
25. C 631, §2 The composition and power of a chapter should be de-
fined in the constitutions (proper law should further
define the order and procedures).

Article 3: Temporal Goods and Their Administration

26. C 634, §1 Unless the constitutions exclude or abridge the capacity,
institutes and their parts which are juridic persons can
acquire, alienate, etc. temporal goods.
 Appendix 2 / 375

Chapter III: Admission of Candidates and Training of Members

Article 2: Novitiate and the Training of Members

27. C 648, §2 The constitutions can establish periods of apostolic exer-
cises to be done outside the novitiate community (beyond
the twelve-(12) month novitiate).

Chapter IV: The Obligations and Rights of Institutes

and Their Members
28. C 662 The constitutions should express the way the institute
follows Christ.
29. C 667, §3 Nuns who do not observe the cloister according to the
norms given by the Apostolic See should observe cloister
according to their constitutions.
30. C 668, §1 Cession of goods should be made before first profession
unless the constitutions state otherwise.
31. C 670 An institute must furnish everything members need ac-
cording to the constitutions to achieve the goal of their
vocation.

Title III: Secular Institutes

32. C 712 Constitutions are to determine the sacred bonds by which

the evangelical counsels are taken in the institute and
define the obligations flowing from the bonds.
33. C 714 Members are to lead their life according to the norm of
the constitutions.
34. C 717, §1 The constitutions prescribe the manner of governance,
the time during which moderators hold office and the
way in which they are chosen.
35. C 720 Admission for probation or to sacred bonds pertains to
the major moderator and council according to the
constitutions.
36. C 721, §2 The constitutions can establish other impediments to ad-
mission, even for validity.
37. C 722, §3 The manner and time is to be defined in the
of probation
constitutions, but nothan two (2) years.
less
38. C 723, §2 The first incorporation, no shorter than five (5) years, is
to be temporary according to the norm of the
constitutions.
39. C 723, §4 The effects of definitive or perpetual incorporation are
to be in the constitutions.
40. C 724, §1 Formation after first sacred bonds is to be continued ac-
cording to the constitutions.
376 / JORDAN HITE, T.O.R.

41. C 725 Other Christian faithful can associate themselves to the

institute by some bond determined in the constitutions.
42. C 727, §1 A perpetually incorporated member of a non-pontifical
institute may seek an indult to leave from the diocesan
bishop according to the constitutions.
43. C 729 The constitutions may determine additional causes of
dismissal.

Section II: Societies of Apostolic Life

44. C 731, §1 Members live the life of the society through the obser-
vance of the constitutions.
45. C 731, §2 Members embrace the evangelical counsels by some bond
defined in the constitutions.
46. C 734 Governance of the society is determined by the
constitutions.
47. C 736, §1 Clerics are incardinated in a clerical society unless the
constitutions state otherwise.
48. C 737 Obligations and rights of members are defined in the
constitutions.
49. C 738, §1 Members are subject to the particular moderator accord-
ing to the constitutions regarding internal life and
discipline.
50. C 738, §3 Relations of a member incardinated in a diocese with his
proper bishop are defined by the constitutions or partic-
ular agreements.
51. C 739 Members are bound by the constitutions and the com-
mon obligations of clerics unless something else is evident
from the nature of the matter or its context.
52. C 741, §1 Societies are juridic persons as are their parts and houses
unless the constitutions state otherwise.
53. C 742 The departure and dismissal of a member not definitively
incorporated governed by the constitutions.
is

54. C 743 An indult of departure can be obtained from the supreme

moderator with the consent of the council unless reserved
to the Holy See by the constitutions.

Canons Outside the Section on Institutes of Consecrated Life

and Societies of Apostolic Life
55. C 832 Members of religious institutes need the permission of
their major superior in accord with the norm of the con-
stitutions to publish writings on questions of religion or
morals.
 Appendix 2 / 377

56. C 833, 8° Superiors of clerical religious institutes and societies of

apostolic life in accord with the norm of the constitutions
are to make a profession of faith in accord with a for-
mula approved by the Apostolic See.
57. C 968, §2 Superiors of a clerical religious institute or society of
apostolic life of pontifical right who in accord with the
norms of their constitutions possess executive power of
governance enjoy the faculty to hear the confessions of
their subjects and others staying in religious houses.
58. C 1019, §1 The major superior of a clerical religious institute or
clerical society of apostolic life of pontifical right is com-
petent to grant dismissorial letters for the diaconate or
presbyterate for subjects who have become perpetually
or definitively members of the institute or society in ac-
cord with their constitutions.
59. C 1174, §1 Members life and societies
of institutes of consecrated
of apostolic bound to perform the Liturgy of the
life are
Hours according to the norm of their constitutions.

Canons Using the Term Proper Law

Title I: Common Norms
1. C 597, §1 Any
Catholic can be admitted to an institute in accord
with universal and proper law.
2. C 598, §2 All members must live according to the proper law.
3. C 600 Poverty brings with it dependence in the use or limita-
tion of goods according to proper law. (Obedience refers
to the constitutions, C 601).

Title II: Religious Institutes

4. C 607, §2 Members pronounce public vows according to proper

law.

Chapter I: Religious Houses and Their Erection and Suppression

5. C 616, §1 Suppression according to the canons. Proper law provides
for disposition of goods.

Chapter II: Governance of Institutes

Article I: Superiors and Councils

6. C 617 Superiors should exercise their power according to the
norms of proper law.
378 / JORDAN HITE, T.O.R.

7. C 622 The supreme moderator holds power over provinces,

members to be exercised according to proper
houses and
law.
8. C 623 To be appointed or elected a non-major superior, a
is required, which
suitable time after perpetual profession
is be determined by proper law.
to
9. C 624, §2 Proper law should provide a time limit for a superior to
hold office without an intermission in office.
10. C 624, §3 Superiors can be removed or transferred for reasons deter-
mined by proper law.
11 . C 626 Superiors in the conferral of offices and members in elec-
tions should observe the norms of universal and proper
law.
12. C 627, §2 Proper law should determine cases in which the superior
should obtain the consent of the council (beyond those
stated in universal law).
13. C 628, §1 Proper law should designate the visitator and the norms
for visitation.
14. C 629 Superiors should reside in their own house. They may be
absent according to the norms of proper law.
15. C 630, §2 According to the norms of proper law, superiors should
be solicitous that confessors are available.

Article 2: Chapters

16. C 631, §2 Proper law determines order and procedures for elections
and other matters in chapters.
17. C 631, §3 In accord with proper law, anyone can send suggestions
to the general chapter.
18. C 632 Proper law should determine all which pertains to other
chapters and gatherings.
19. C 633, §1 Organs of participation or consultation should carry out
duties entrusted to them by proper law.
Article 3: Temporal Goods and Their Administration
20. C 636, §1 The finance officer is to be constituted according to
proper law.
21. C 636, §2 The finance officer and others should render an account
of their work to the competent superior in accord with
proper law.
22. C 638, §1 Proper law should define acts which exceed ordinary
administration and the procedure necessary to validly per-
form such an act.
 Appendix 2 / 379

23. C 638, §2 Proper law should designate those officials besides

superiors who can perform juridic acts of ordinary
administration.

Chapter III: Admission of Candidates and Training of Members

Article 1: Admission to the Novitiate

24. C 641 Major superiors may admit candidates to novitiate

according to proper law.
25. C 643, §2 Impediments to admission can be established by proper
law (even for validity).
26. C 645, §3 Proper law can require additional testimony about suita-
bility and freedom from impediments.

Article 2: Novitiate and the Training of Members

27. C 650, 1 The program of training is to be according to proper law.
28. C 653, §2 Novitiate can be extended according to proper law but
not more than six (6) months.

Article 3: Religious Profession

29. C 655 The length of time for temporary profession may be de-
fined in proper law, but no less than three (3) nor more

than six (6) years.

30. C 657, §2 The time of temporary profession can be extended in ac-

cord with proper law, but for not more than nine (9)
years.
31. C 658 Proper law can require additional conditions for
perpetual profession.

Article 4: The Formation of Religious

32. C 659, §2 The proper law should define the program of formation.

Chapter IV: Obligations and Rights of Institutes and Their Members

33. C 663, §3 The liturgy of the hours should be celebrated in accord
with proper law.
34. C 667, §1 Cloister should be observed according to proper law.
35. C 668, §2 Proper law should designate the competent superior to
give permission regarding a change in disposition of tem-
poral goods.
36. C 668, §3 Unless otherwise stated in proper law, pensions, etc. are
acquired for the institute.
37. C 668, §4 Proper law can provide norms for the renunciation of
goods.
380 / JORDAN HITE, T.O.R.

38. C 668, §5 After renunciation, goods accruing to a member belong

to the institute according to proper law.
39. C 669, §1 Religious should wear the habit of the institute made ac-
cording to proper law.

Chapter VI: Separation of Members from the Institute

Article I: Transfer to Another Institute

40. C 648, §3 In transferring from one autonomous monastery to

another of the same institute, it is sufficient to have the
consent of the major superior of both monasteries and the
chapter of the receiving monastery without prejudice to
other requisites stated in proper law.
41. C 684, §4 Proper law should set the time and mode of probation
for the professed member in a new institute.
42. C 685, §2 The transferring religious is obligated to obey the proper
law of the new institute from the beginning of the pro-
bation period.

Article 3: Dismissal of Members

43. C 696, §1 Additional causes for dismissal can be stated in proper
law.
44. C 696, §2 Lesser causes stated in proper law suffice for dismissal of
a member in temporary vows.

Title III: Secular Institutes

45. C 716, §1 All members share actively in the life of the institute ac-
cording to proper law.
46. C 718 The administration of goods is ruled by Book V and the
proper law. Proper law is to define the financial obliga-
tions of the institute toward members who carry on work
for it.

47. C 719, §1 Prayer, retreat and other spiritual exercises are to be car-
ried out according to proper law.

Section II: Societies of Apostolic Life

48. C 735, §1 Admission, probation, incorporation and training are
determined by proper law.
49. C 735, §3 Proper law must determine doctrinal, spiritual, and
apostolic method of probation and training.
50. C 740 Members live in a house or community and observe com-
mon life according to proper law which also governs
absences.
 Appendix 2/381
51. C 741, §1 A society and its which are juridic persons can ac-
parts
quire, possess, administer and alienate goods according
to Book V, CC 636, 638, 639, and the norm of proper
law.
52. C 741, §2 According to the norm of proper law, sl member can ac-
quire, possess, administer and dispose of goods.

Other Terminology Referring to Proper Law

1. C 587, §4 Other norms established by the competent authority are
tobe suitably collected in other codes
2. C 608 A religious community must live in a house constituted
under the authority of the superior designated according
norm of law.
to the
3. C 635, §2 Each institute should state appropriate norms for the use
and administration of goods.
Appendix 3

Authority in Institutes of Consecrated Life and

Societies of Apostolic Life

Jordan Hite, T.O.R.

The lines of authority applying to institutes of consecrated life and

can be divided into those outside the
societies of apostolic life institute
or society and those within the institute or society. Outside the institute
or society authority is by the Supreme Pontiff, the Apostolic
exercised
See, and the diocesan bishop. Within the institute authority is exercised by
the chapter, the supreme moderator, the major superior, and lower level
superiors. Superiors may act alone or with the consent or consultation
of a council.
In twenty-nine (29) cases the institute or society is to seek approval,
consultation, or act in accord with the direction of the Supreme Pontiff
or Apostolic See. In forty-five (45) cases the institute or society needs the
approval of or is in some way subject to the diocesan bishop. In the seven-
teen (17) caseswhich require the approval of the bishop, twelve (12) apply
to institutes of diocesan right orautonomous monasteries of C 615. In
other cases the canons refer to the competent Church authority, which
may mean either the Apostolic See or the diocesan bishop.
Within the institute or society there are only three (3) canons that
refer directly to the authority of a chapter; however, since the grant of
power is broad the small number of canons is not indicative of the author-
ity of a chapter. Superiors acting alone or according to a norm of law
to be established by the institute or society have authority in twenty- four
(24) cases, while in seventeen (17) cases superiors need the consent of
council or act with the council (the sole case of a superior acting col-
legially with the council is in issuing a decree of dismissal). In canons
which specify action in accord with the norm of law, the proper law
of the institute or society may require the consultation or consent of coun-

383
384 / JORDAN HITE, T.O.R.

cil before the superior acts. In nine (9) additional cases the superior is

to seek the advice, opinion, or vote of the council. A few canons refer
the matter to the competent authority of the institute or society, which
means the proper law should designate the appropriate authority to fulfill
the responsibility.

I. RELATIONSHIP TO AUTHORITY
OUTSIDE THE INSTITUTE
Cases for the Approval of the Apostolic See
or the Supreme Pontiff

Book II, Part III, Section I

Title I: Common Norms:

1. C 582 Mergers, unions, federations, and confederations are
reserved to the Apostolic See.
2. C 583 Changes in institutes which affect matters approved by
the Apostolic See cannot be made without permission of
the Apostolic See.
3. C 584, §1 Suppression of an institute belongs to the Apostolic See
(including disposition of goods).
4. C 589 An institute is of pontifical right when erected or ap-
proved by the Apostolic See.
5. c 590 The Supreme Pontiff can exempt institutes.
6. c 605 Approving new forms of consecrated life is reserved to
the Apostolic See.

Title II: Religious Institutes

Chapter I: Religious Houses and Their Erection and Suppression

7. C 609, §2 The permission of the Apostolic See is necessary to erect
a monastery of nuns.
8. C 616, §2 Suppression of the only house of an institute belongs to
the Holy See including the disposition of goods.
9. C 616, §4 Suppression of an autonomous monastery of nuns belongs
to the Apostolic See.

Chapter II: The Governance of Institutes

Article 3: Temporal Goods and Their Administration

10. C 638, §3 The permission Holy See is required for acts of
of the
alienation and transactions in which the patrimonial con-
 Appendix 3 / 385

dition is adversely affected if it goes beyond the amount

allowed in the region, items given to the Church in virtue
of a vow, or items of precious art or historical value.

Chapter VI: Separation of Members from the Institute

Article 1: Transfer to Another Institute

11. C 684, §5 The permission of the Holy See is required to transfer

from a religious institute to a secular institute or society
of apostolic life or from them to a religious institute.

Article 2: Departure from the Institute

12. C 686, §1 Extending an indult of exclaustration beyond three (3)

years for an institute of pontifical right is reserved to the
Holy See.
13. C 686, §2 The Apostolic See grants an indult of exclaustration to
nuns.
14. C 686, §3 The Holy See can impose exclaustration for a member
of an institute of pontifical right.
15. C 691, §2 An indult to depart for a perpetually professed member
of an institute of pontifical right is reserved to the
Apostolic See.

Article 3: Dismissal of Members

16. C 700 A decree of dismissal in an institute of pontifical right does
not take effect unless confirmed by the Apostolic See.
17. C 703 The process of dismissal can be referred to the Apostolic
See in cases of exterior scandal or grave imminent harm
to the institute.

Chapter VIII: Conferences of Major Superiors

18. C 709 The Holy See erects conferences of major superiors and
approves their statutes.

Title HI: Secular Institutes

19. C 727 An indult to leave is obtained from the Apostolic See for
a member of an institute of pontifical right.
20. C 730 Transfer to or from another institute of consecrated life

requires the permission of the Apostolic See.

Section II: Societies of Apostolic Life

21. C 743 An indult of departure can be obtained from the supreme
moderator with the consent of the council unless it is re-
386 / JORDAN HITE, T.O.R.

served to the Holy See by the constitutions.

22. C 745 Transfer to or from an institute of consecrated life requires
the permission of the Holy See.

Cases Calling for the Consultation of the Apostolic See

Title I: Common Norms

1 . C 579 A diocesan bishop can erect an institute of consecrated
life providing the Apostolic See has been consulted.

Title II: Religious Institutes

Chapter V: Apostolate of Religious

2. C 679 A bishop can prohibit a member of an institute from liv-

ing in his diocese if the major superior has been advised

and neglects to act. The matter should be referred to the
Holy See.

Relationship of Institutes to Apostolic See

Title I: Common Norms

1. C 590, §1 Institutes are subject to the supreme authority of the
Church in a special manner.
2. C 592, §1 The supreme moderator should send a report on the life

of the institute to the Apostolic See.

3. C 593 Institutes of pontifical right are subject to the Apostolic
See in internal governance and discipline, but with due
regard for G 586.

Title II: Religious Institutes

Chapter IV: Obligations and Rights of Institutes and Their Members

4. C 667, §3 Monasteries of nuns totally ordered to the contemplative
life must observe cloister according to the norms given

by the Apostolic See.

Chapter VI: Separation of Members from the Institute

Article 3: Dismissal of Members

5. C 704 The report sent to the Apostolic See mentioned in C 592,
§1 is to mention members separated from the institute
in any way whatsoever.
 ,

Appendix 3 / 387

Cases Calling for Approval of Bishop

Title I: Common Law

1 . C 579 Diocesan bishops can erect institutes in their own territory
(must consult Apostolic See).
2. C 589 An institute is of diocesan right when erected by a
diocesan bishop.
3. C 595, § 1 The bishop of the principal seat of the institute approves
constitutions and confirms changes in them, handles
business matters beyond the power of the internal author-
ity of the institute (unless it belongs to the Apostolic See)
and consults other bishops if the institute has spread to
several dioceses.
4. C 603, §2 A hermit is under the direction of the diocesan bishop.
5. C 604, §1 Virgins are consecrated to God by the diocesan bishop.

Title II: Religious Institutes

Chapter I: Religious Houses and Their Erection and Suppression

6. C 609, §1 Houses of an institute are erected by an institute with
previous written consent of the diocesan bishop.
7. C 612 The consent of the diocesan bishop is necessary if a house
is established for apostolic works different from those for
which it was constituted.

Chapter II: The Governance of Institutes

Article 3: Temporal Goods and Their Administration

8. C 638, §4 For the transactions covered by C 638 autonomous

monasteries of C
615 and institutes of diocesan right must
have the written permission of the local Ordinary.

Chapter VI: Separation of Members from the Institute

Article 2: Departure from the Institute

9. C 686, §1 Exclaustrated religious priests need the consent of the

local Ordinary to remain in his territory. Extending the
indult of exclaustration beyond three (3) years belongs
to the diocesan bishop for institutes of diocesan right.
10. C 688, §2 In institutes of diocesan right and monasteries mentioned
in C
615, departure during temporary vows can be
granted by the supreme moderator with consent of coun-
388 / JORDAN HITE, T.O.R.

cil, but validity depends on confirmation by the bishop

of the house of assignment.
11. C 691, §2 A member of a diocesan institute in perpetual vows may
depart by receiving an indult from the diocesan bishop
of the house of assignment.

Article 3: Dismissal of Members

12. C 699, §2 For autonomous monasteries of C 615, the decision on
dismissal pertains to the diocesan bishop.
13. C 700 A decree of dismissal member of an in-
takes effect for a
stitute of diocesan right when confirmed by the bishop
of the diocese where the house to which the religious is

assigned is situated.
14. C 701 A dismissed religious cleric cannot exercise sacred orders
unless a bishop permits him to do so.

Section II: Societies of Apostolic Life

15. C 727, §1 A perpetually incorporated member who does not belong

to an institute of pontifical right obtains an indult of
departure from the diocesan bishop.
16. C 733, §1 A house is erected by the competent authority of the socie-
ty with the prior written consent of the diocesan bishop
who must be consulted for its suppression.
17. C 745 A clerical member of a society who receives an indult to
live outside the society is to have the permission of the
local Ordinary to reside in his territory.

Responsibilities and Powers of the Bishop

Title I: Common Norms
1. C 586, §2 Ordinaries are to safeguard autonomy of institutes.
2. C 594 An institute of diocesan right is under the special care of
the diocesan bishop.
3. C 595, §2 A diocesan bishop can grant dispensation from the consti-
tutions in particular cases.
4. C 605 Diocesan bishops should strive to discern new gifts of con-
secrated life and aid the promoters.

Title II: Religious Institutes

Chapter 1: Religious Houses and Their Erection and Suppression

5. C 615 An autonomous monastery with no major superior
beyond its own moderator and not associated with any
 Appendix 3 / 389

other institute is committed to the special vigilance of the

diocesan bishop.

Chapter II: The Governance of Institutes

Article 1: Superiors and Councils

6. C 625, §2 The bishop of the principal seat presides at the election
of a superior of an autonomous monastery mentioned in
C 615 and of the supreme moderator of an institute of
diocesan right.
7. C 628, §2 The diocesan bishop is to visit even with respect to
religious discipline autonomous monasteries mentioned
in C 615 and houses of institutes of diocesan right in his
territory.
8. C 630, §3 In monasteries of nuns, houses of formation, and numer-
ous lay communities, there are to be ordinary confessors
approved by the local Ordinary after consultation with
the community.

Article 3: Temporal Goods and Their Administration

9. C 637 Autonomous monasteries (C 615) must render an annual
account to the local Ordinary and the financial report
of religious houses of diocesan right is to be made known
to the local Ordinary.

Chapter III: Admission of Candidates and Formation of Members

Article I: Admission to the Novitiate

10. C 644 The Ordinary is to be consulted before a secular

local
admitted to the novitiate.
cleric is

11. C 645, §2 To admit a cleric to the novitiate the testimony of the

local Ordinary is to be obtained.

Chapter IV: The Obligations and Rights

of Institutes and Their Members
12. C 667, §4 The diocesan bishop for just cause can enter the cloister
of nuns in his diocese and permit others to enter and nuns
to leave for a necessary period of time.

Chapter V: The Apostolate of Religious

13. C 678, §1 Religious are subject to the authority of bishops in regard
to care of souls, public exercise of divine worship, and
other works of the apostolate.
390 / JORDAN HITE, T.O.R.

14. C 678, §2 In exercising the external apostolate religious are under

their own superiors. However, a bishop may enforce fidel-
ity to the discipline of the institute if the case arises.
15. C 678, §3 Diocesan bishops and religious superiors should consult
with each other regarding works of the apostolate.
16. C 679 A diocesan bishop for serious reason can prohibit a
religious from living in his diocese.
17. C 680 The bishop should moderate cooperation between
religious and diocesan clergy.
18. C 681, §1 Works entrusted to religious by a diocesan bishop are
under the authority and direction of the same bishop.
19. C 681, §2 Written agreements are to be drawn up between the
diocesan bishop and the competent superior for works en-
trusted to religious by the bishop.
20. C 682, §1 If an ecclesiastical office in the diocese is to be conferred
on a religious, the religious is to be named by the bishop
after presentation or with assent of the competent
superior.
21. C 683, §1 The bishop during pastoral visitation can visit the works
entrusted to religious for the faithful, etc., but not schools
open only to students of the institute.
22. C 683, §2 The bishop can correct abuses if he has advised the
religious superior who has failed to act.

Chapter VI: Separation of Members from the Institute

Article 2: Departure from the Institute

23. C 686, §3 For grave reasons a diocesan bishop can impose ex-
claustration on a member of an institute of diocesan right.
24. C 687 An exclaustrated religious remains under the care of
superiors and, if a priest, also the local Ordinary.
25. C 691, §2 An indult of departure can be granted by the diocesan
bishop of the house of assignment for a member of an in-

stitute of diocesan right.

26. C 693 For a religious cleric an indult of departure may not be
granted before a bishop will incardinate him or receive
him experimentally. Unless the bishop refuses a religious
cleric received experimentally is incardinated by law after
five (5) years.

Title III: Secular Institutes

27. C 715, §1 Clerical members incardinated in a diocese depend on

the diocesan bishop.
 Appendix 3/391
28. C 715, §2 Clerical members incardinated in an institute depend on
a bishop in a way comparable to religious.

Cases Committed to the Competent Church Authority

Title I: Common Law

1. C 573, §2 Those who profess the evangelical counsels in institutes
of consecrated life canonically erected by competent
Church authority are joined to the Church and its

mystery in a special way.

2. C 576 It belongs to the competent authority of the Church to

interpret the evangelical counsels, to regulate their prac-

tice by law, and to constitute stable forms of living by
canonical approbation.
3. C 578 The intention of the founders about the nature, purpose,
spirit, and traditions of the institute are to be
character,
by the competent Church authority.
ratified
4. C 587, §2 The fundamental code or constitutions are to be approved
by the competent Church authority.
5. C 588, §2 An institute is clerical for certain reasons and is recog-
nized as such by Church authority.
6. C 588, §3 An institute is lay for certain reasons and is recognized
as such by Church authority.

Title II: Religious Institutes

Chapter V: The Apostolate of Religious

7. C 682, §2 A religious can be removed from office by will of the
authority who committed the job to him or her.

Chapter IV: Separation of Members from the Institute

Article 2: Departure from the Institute

8. C 691, § 1 A petition to depart from

an institute should be presented
to thesupreme moderator who should transmit it to the
competent authority.

II. AUTHORITY IN THE INSTITUTE

The General Chapter
Title II: Religious Institutes
392 / JORDAN HITE, T.O.R.

Chapter I: Religious Houses and Their Erection and Suppression

1. C 596, §1 Chapters enjoy that power over members defined in
and the constitutions.
universal law
2. C 616, §3 Suppression of an autonomous house (C 613) belongs to
the general chapter unless the constitutions state
otherwise.

Chapter H: The Governance of Institutes

Article 2: Chapters

3. C 631, §1 The general chapter has supreme authority in the institute

in accord with the constitutions.

Superiors Acting Alone or According to

the Constitutions or Proper Law
Title H: Religious Institutes

Chapter I: Religious Houses and their Erection and Suppression

1. C 596, §1 Superiors enjoy that power over members defined in the
universal law and the constitutions.
2. C 596, §2 Superiors in clerical institutes of pontifical right possess
power of governance
ecclesiastical for both the external
and internal forum.
3. C 601 In accord with the evangelical counsel of obedience,
members are to obey superiors when they command ac-
cording to the constitutions.
4. C 616 §1 A religious house can be suppressed by the supreme
moderator according to the constitutions after consulting
with the diocesan bishop.

Chapter II: The Governance of Institutes

Article 1: Superiors and Councils

5. C 617 Superiors are to exercise their duty according to the norm
of universal and proper law.
6. C 622 The supreme moderator holds power over all provinces,
houses, and members, exercised according to proper law.
Other superiors have power within the limits of their
office.
7. C 625, §3 Elected superiors need the confirmation of the compe-
tent major superior.
 Appendix 3 / 393

Chapter III: Admission of Candidates and Formation of Members

Article 1: Admission to Novitiate

8. C 641 Admitting candidates to novitiate pertains to major

norms of proper law.
superiors according to the

Article 2: The Novitiate and Formation of Novices

9. C 647, §3 A major superior can permit novices to live for a stated
period of time in another house of the institute.
10. C 649, §2 The competent major superior can permit anticipation
of first profession by up to fifteen (15) days.
11 . C 653, §2 Novitiate can be extended by the major superior accord-
ing to proper law but not more than six (6) months.
12. C 657, §2 The time of temporary profession can be extended by the
competent superior according to proper law but not for
more than nine (9) years.
Chapter IV: Obligations and Rights of Institutes and Their Members
13. G 665, § 1 Religious may be absent from the house with the permis-
sion of the superior.
14. C 668, §2 To change a cession or a will, a member needs the per-
mission of the competent superior in accord with proper
law.
15. C 668, §4 A member may renounce goods with the permission of
the supreme moderator in accord with proper law.
16. C 671 A religious should not accept duties and offices outside
the institute without permission of the legitimate superior.

Chapter V: The Apostolate of Religious

17. C 678, §2 In exercising the external apostolate religious are also sub-
ject to their own superiors (in addition to the bishop).
18. G 681, §2 For works entrusted to a religious institute by a diocesan
bishop a written agreement be drawn up between
is to
the diocesan bishop and the competent superior.
19. C 682, § 1 To accept a diocesan office the religious is to be presented
or receive the assent of the competent superior.
20. C 682, §2 A religious can be removed from diocesan office by the
will of the superior having notified the diocesan authority.

Chapter VI: Separation of Members from the Institute

Article 1: Transfer to Another Institute

394 / JORDAN HITE, T.O.R.

21. C 684, §3 For a religious to transfer from one autonomous monas-

tery to another, the consent of the major superior of both
monasteries and the chapter of the receiving monastery
is required.

Article 2: Departure from the Institute

22. C 690, §1 The supreme moderator can determine a suitable period

of probation for temporary profession and in vows prior
to perpetual profession in a case of readmission.

Article 3: Dismissal of Members

23. C 703 In the case of serious exterior scandal or grave imminent
harm member can be expelled from the
to the institute, a
religious —
house by the major superior or if danger of
delay by the local superior with consent of council.

Section II: Societies of Apostolic Life

24. C 738, §1 All members are subject to their particular moderator ac-
cording to the norm of the constitutions in matters which
affect internal life and discipline.

Superiors Acting with the Consent of Council or

Acting with the Council

Article 3: Temporal Goods and Their Admission

1. C 638, §3 For the validity of alienation etc. the written permission
of the competent superior with the consent of council ac-
cording to the norm of law is required.

Chapter HI: Admission of Candidates and Formation of Members

Article 2: Novitiate and the Training of Members
2. C 647, §1 The erection, transfer, and suppression of a novitiate is
by the written decree of the supreme moderator with the
consent of council.
3. C 647, §2 By concession of the supreme moderator with the con-
sent of council, novitiate can be made in another house
of the institute.

Chapter IV: Obligation and Rights of Institutes and Their Members

4. C 665, §1 The major superior with the consent of council can per-
mit a member to live outside the house but not for more
 Appendix 3 / 395

than one (1) year unless for illness, studies, or apostolic

work.

Chapter V: The Apostolate of Religious

5. C 684, §1 A member in perpetual vows cannot transfer to another
institute without the consent of the supreme moderator
of each institute with the deliberative vote of their respec-
tive councils.

Article 2: Departure from the Institute

6. C 686, §1 A supreme moderator can grant an indult of exclaustra-

up to three (3) years with the consent of council.
tion for
7. C 686, §3 If a supreme moderator with the consent of council peti-
tions, exclaustration can be imposed for grave reasons by
the Holy See for pontifical right institutes and the
diocesan bishop for diocesan right institutes.
8. C 688, §2 During temporary profession, the supreme moderator
with the consent of council can grant a member an in-
dult to leave.
9. C 690, §1 One who has left legitimately after completing novitiate
or making profession can be readmitted by the supreme
moderator with the consent of council.
10. C 690, §2 Superior of an autonomous monastery has the facility of
C 690, §1.

Article 3: Dismissal of Members

11. C 694, §1, §2 A major superior with the council can ipso facto
dismiss a member after having collected proofs and
made a declaration of fact to establish it juridically.
12. C 699, §1 With the council, which must have four (4)
members for validity, the supreme moderator can
issue a decree of dismissal.
13. G 703 In certain cases if there is danger in delay, the local
superior with the consent of council can expel a
member from a religious house.

Title III: Secular Institutes

14. C 726, §2 A temporarily incorporated member can obtain an in-

dult to leave from the supreme moderator with the con-
sent of the council.

Section II: Societies of Apostolic Life

396 / JORDAN HITE, T.O.R.

15. C 743 A definitively incorporated member can obtain an indult

of departure from the supreme moderator with the con-
sent of the council, unless reserved to theHoly See by the
constitutions.
16. C 744, §1 It is reserved to the supreme moderator with the consent
of the council to grant permission to a definitively incor-
porated member to transfer to another society.
17. C 745 The supreme moderator with the consent of the council
can grant a definitively incorporated member an indult
to live outside the society for up to three (3) years.

Superiors Acting with the Advice, Opinion

or Vote of Council or Others

Title II: Religious Institutes

Chapter II: The Governance of Institutes

Article 1: Superiors and Councils

1. C 625, §3 Suitable consultation is to precede appointment of a
superior.

Chapter III: Admission of Candidates and Formation of Members

Article 3: Religious Profession

2. C 656, 3° Admission by the competent superior with the vote of

council is required for temporary profession.
3. G 658 Admission by the competent superior with the vote of the
council is required for perpetual profession.

Chapter VI: Separation of Members from the Institute

Article 2: Departure from the Institute

4. C 689, §1 When temporary profession has expired, if just cause is

present, amember can be excluded from subsequent pro-
fession by the supreme moderator after listening to
council.
5. C 691, §1 A petition for an indult to leave is to be presented to the
supreme moderator, who is to transmit it to the compe-
tent authority with a personal opinion and that of the
council.
6. C 694, §2 The major superior and council collect proofs and make
a declaration of fact for automatic dismissal.
 Appendix 3 / 397

7. C 697, § 1 The major superior after hearing the council and believ-
ing the process of dismissal should be started should col-
lect the proofs, warn the member, and if the warnings
are useless, transmit all the acts to the supreme
moderator.

Title III: Secular Institutes

8. C 720 The right of admission or assumption of sacred bonds

(temporary or perpetual) pertains to the major moderator
with the council according to the norm of the
constitutions.
9. C 726, §1 When the time of temporary incorporation has elapsed,
a member can be excluded from renewing sacred bonds
for a just cause by the major moderator after hearing the
council.

Cases Committed to the Competent Authority

of the Institute or Society

Title I: Common Norms

1. C 581 Dividing an institute into parts, erecting new ones, and
joining or defining parts pertains to the competent
authority of the institute in accord with the constitutions.
2. C 585 Suppressing parts of an institute pertains to the compe-
tent authority of the institute.
3. C 587, §4 The competent authority of the institute is to establish
other norms (in addition to constitutions).

Title II: Religious Institutes

Chapter I: Religious Houses and Their Erection and Suppression

4. C 609, §1 Houses of an institute are erected by the competent
authority according to the constitutions with the consent
of the diocesan bishop.

Chapter III: Admission of Candidates and Formation of Members

Article 2: The Novitiate and Formation of Novices

5. C 653, §1 The competent authority of the institute can dismiss a
novice.

Section II: Societies of Apostolic Life

398 / JORDAN HITE, T.O.R.

6. C 733, §1 A house is erected by the competent authority of the

society.
Appendix 4

Table of Canons
BOOK II
THE PEOPLE OF GOD
Part III
INSTITUTES OF CONSECRATED LIFE
AND SOCIETIES OF APOSTOLIC LIFE 573-746

Section I

INSTITUTES OF CONSECRATED LIFE 573-730

TITLE I — NORMS COMMON TO ALL INSTITUTES

OF CONSECRATED LIFE 573-606

TITLE II — RELIGIOUS INSTITUTES 607-709

Chapter I — Religious houses and their erection
and suppression 608-616
Chapter II — The governance of institutes 617-640
Art. 1 — Superiors and councils 617-630
Art. 2 — Chapters 631-633
Art. 3 — Temporal goods and their administration 634-640
Chapter III — Admission of candidates and formation of
members 641-661
Art. 1 — Admission to the novitiate 641-645
Art. 2 — The novitiate and formation of novices 646-653
Art. 3 — Religious profession 654-658
Art. 4 — The formation of religious 659-661

399
400 / APPENDIX 4

Chapter IV — The obligations and rights of institutes

onrl
ctllU.
fLllcll m
n c*i r lllclll Kprc
UCI a UUZi- U I Zi

Chapter — The apostolate of institutes

V 673--683

Chapter VI — Separation of members from the institute 684- -704

Art. 1 - — Transfer to another institute 684- -685

Art. 2 - — Departure from the institute OoO-

Art. 3 - — Dismissal of members 694- -704
Chapter VII — Religious raised to the episcopate 705- -707
Chapter VIII — Conferences of major superiors 708- -709

TITLE III — SECULAR INSTITUTES 710- -730

Section II

SOCIETIES OF APOSTOLIC LIFE 731- -746