CANON LAW WORKSHOP

I. GENERAL NOTIONS AND DIVISIONS

Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority, for the government of the Christian organization and its members. The word adopted is here used to point out the fact that there are certain elements in canon law borrowed by the Church from civil law or from the writings of private individuals, who as such had no authority in ecclesiastical society. Canon is derived from the Greek kanon, i.e. a rule or practical direction (not to speak of the other meanings of the word, such as list or catalogue), a term that soon acquired an exclusively ecclesiastical signification. In the fourth century it was applied to the ordinances of the councils, and thus contrasted with the Greek word nomoi, the ordinances of the civil authorities; the compound word "Nomocanon" was given to those collections of regulations in which the laws formulated by the two authorities on ecclesiastical matters were to be found side by side. At an early period we meet with expressions referring to the body of ecclesiastical legislation then in process of formation: canones, ordo canonicus, sanctio canonica; but the expression "canon law" (jus canonicum) becomes current only about the beginning of the twelfth century, being used in contrast with the "civil law" (jus civile), and later we have the "Corpus juris canonici", as we have the "Corpus juris Civilis". Canon law is also called "ecclesiastical law" (jus ecclesiasticum); however, strictly speaking, there is a slight difference of meaning between the two expressions: canon law denotes in particular the law of the "Corpus Juris", including the regulations borrowed from Roman law; whereas ecclesiastical law refers to all laws made by the ecclesiastical authorities as such, including those made after the compiling of the "Corpus Juris". Contrasted with the imperial or Caesarian law (jus caesareum), canon law is sometimes styled pontifical law (jus pontificium), often also it is termed sacred law (jus sacrum), and sometimes even Divine law (jus divinum: c. 2, De privil.), as it concerns holy things, and has for its object the wellbeing of souls in the society divinely established by Jesus Christ.

Canon law may be divided into various branches, according to the points of view from which it is considered:

If we consider its sources, it comprises Divine law, including natural law, based on the nature of things and on the constitution given by Jesus Christ to His Church; and human or positive law, formulated by the legislator, in conformity with the Divine law. We shall return to this later, when treating of the sources of canon law.

If we consider the form in which it is found, we have the written law (jus scriptum) comprising the laws promulgated by the competent authorities, and the unwritten law (jus non scripture), or even customary law, resulting from practice and custom; the latter however became less important as the written law developed.

If we consider the subject matter of the law, we have the public law (jus publicum) and private law (jus privatum). This division is explained in two

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different ways by the different schools of writers: for most of the adherents of the Roman school, e.g. Cavagnis (Instit. jur. publ. eccl., Rome, 1906, I, 8), public law is the law of the Church as a perfect society, and even as a perfect society such as it has been established by its Divine founder: private law would therefore embrace all the regulations of the ecclesiastical authorities concerning the internal organization of that society, the functions of its ministers, the rights and duties of its members. Thus understood, the public ecclesiastical law would be derived almost exclusively from Divine and natural law. On the other hand, most of the adherents of the German school, following the idea of the Roman law (Inst., I, i, 4; "Publicum jus est quad ad statuary rei Romanae spectat: privatum quad ad privatorum utilitatem"), define public law as the body of laws determining the rights and duties of those invested with ecclesiastical authority, whereas for them private law is that which sets forth the rights and duties of individuals as such. Public law would, therefore, directly intend the welfare of society as such, and indirectly that of its members; while private law would look primarily to the wellbeing of the individual and secondarily to that of the community.

Public law is divided into external law (jus externum) and internal law (jus internum). External law determines the relations of ecclesiastical society with other societies. Either secular bodies (the relations therefore of the Church and the State) or religious bodies, that is, interconfessional relations. Internal law is concerned with the constitution of the Church and the relations subsisting between the lawfully constituted authorities and their subjects.

Considered from the point of view of its expression, canon law may be divided into several branches, so closely allied, that the terms used to designate them are often employed almost indifferently: common law and special law; universal law and particular law; general law and singular law (jus commune et speciale; jus universale et particulare; jus generale et singulare). It is easy to point out the difference between them: the idea is that of a wider or a more limited scope; to be more precise, common law refers to things, universal law to territories, general law to persons; so regulations affecting only certain things, certain territories, certain classes of persons, being a restriction or an addition, constitute special, particular, or singular law, and even local or individual law. This exceptional law is often referred to as a privilege (privilegium, lex privata), though the expression is applied more usually to concessions made to an individual. The common law, therefore, is that which is to be observed with regard to a certain matter, unless the legislator has foreseen or granted exceptions; for instance, the laws regulating benefices contain special provisions for benefices subject to the right of patronage. Universal law is that which is promulgated for the whole Church; but different countries and different dioceses may have local laws limiting the application of the former and even derogating from it. Finally, different classes of persons, the clergy, religious orders, etc., have their own laws that are superadded to the general law.

We have to distinguish between the law of the Western or Latin Church, and the law of the Eastern Churches, and of each of them. Likewise, between the law of the Catholic Church and those of the non-Catholic Christian Churches or confessions, the Anglican Church and the various Eastern Orthodox Churches.

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Finally, if we look to the history or chronological evolution of canon law, we find three epochs: from the beginning to the "Decretum" of Gratian exclusively; from Gratian to the Council of Trent; from the Council of Trent to our day. The law of these three periods is referred to respectively as the ancient, the new, and the recent law (jus antiquum, novum, novissimum), though some writers prefer to speak of the ancient law, the law of the Middle Ages, and the modern law (Laurentius, "Instit.” n.4).

II. CANON LAW AS A SCIENCE

As we shall see in treating of the gradual development of the material of canon law (see below, IV), though a legislative power has always existed in the Church, and though it has always been exercised, a long period had necessarily to elapse before the laws were reduced to a harmonious systematic body, serving as a basis for methodical study and giving rise to general theories. In the first place, the legislative authority makes laws only when circumstances require them and in accordance with a definite plan. For centuries, nothing more was done than to collect successively the canons of councils, ancient and recent, the letters of popes, and episcopal statutes; guidance was sought for in these, when analogous cases occurred, but no one thought of extracting general principles from them or of systematizing all the laws then in force. In the eleventh century certain collections group under the same headings the canons that treat of the same matters; however, it is only in the middle of the twelfth century that we meet in the "Decretum" of Gratian the first really scientific treatise on canon law. The School of Bologna had just revived the study of Roman law; Gratian sought to inaugurate a similar study of canon law. But, while compilations of texts and official collections were available for Roman law, or "Corpus juris civilis", Gratian had no such assistance. He therefore adopted the plan of inserting the texts in the body of his general treatise; from the disordered mass of canons collected from the earliest days, he selected not only the law actually in force (eliminating the regulations which had fallen into desuetude, or which were revoked, or not of general application) but also the principles; he elaborated a system of law which, however incomplete, was nevertheless methodical. The science of canon law, i.e. the methodical and coordinated knowledge of ecclesiastical law, was at length established.

Gratian's "Decretum" was a wonderful work; welcomed, taught and glossed by the decretists at Bologna and later in the other schools and universities, it was for a long time the textbook of canon law. However his plan was defective and confusing, and, after the day of the glosses and the strictly literal commentaries, it was abandoned in favor of the method adopted by Bernard of Pavia in his "Breviarium" and by St. Raymund of Pennafort in the official collection of the "Decretals" of Gregory IX, promulgated in 1234 (see CORPUS JURIS CANONICI). These collections, which did not include the texts used by Gratian, grouped the materials into five books, each divided into "titles", and under each title the decretals or fragments of decretals were grouped in chronological order. The five books, the subject matter of which is recalled by the

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well-known verse: "judex, judicium, clerus, connubia, crimen" (i.e. judge, judgment, clergy, marriages, crime), did not display a very logical plan; not to speak of certain titles that were more or less out of place. They treated successively of the depositaries of authority, procedure, the clergy and the things pertaining to them, marriage, crimes and penalties. In spite of its defects, the system had at least the merit of being official; not only was it adopted in the latter collections, but it served as the basis for almost all canonical works up to the sixteenth century, and even to our day, especially in the universities, each of which had a faculty of canon law.

However, the method of studying and teaching gradually developed: if the early decretalists made use of the elementary plan of the gloss and literal commentary, their successors in composing their treatises were more independent of the text; they commented on the titles, not on the chapters or the words; often they followed the titles or chapters only nominally and artificially. In the sixteenth century they tried to apply, not to the official collections, but in their lectures on canon law the method and division of the "Institutes" of Justinian: persons, things, actions or procedure, crimes, and penalties (Institutes, I, ii, 12). This plan, popularized by the "Institutiones juris canonici" of Lancellotti (1563), has been followed since by most of the canonist authors of "Institutiones" or manuals, though there has been considerable divergence in the subdivisions; most of the more extensive works, however, preserved the order of the "Decretals". This was also followed in the 1917 code. In later times many textbooks, especially in Germany, began to adopt original plans. In the sixteenth century too, the study of canon law was developed and improved like that of other sciences, by the critical spirit of the age: doubtful texts were rejected and the raison d'être and tendency or intention of later laws traced back to the customs of former days. Canon law was more studied and better understood; writings multiplied, some of an historical nature, others practical, according to the inclination of the authors. In the universities and seminaries, it became a special study, though as might be expected, not always held in equal esteem. It may be noted too that the study of civil law is now frequently separated from that of canon law, a result of the changes that have come over society. On the other hand, in too many seminaries the teaching of ecclesiastical law is not sufficiently distinguished from that of moral theology. The publication of the new general code of canon law will certainly bring about a more normal state of affairs.

The first object of the science of canon law is to fix the laws that are in force. This is not difficult when one has exact and recent texts, drawn up as abstract laws, e.g. most of the texts since the Council of Trent, and as will be the case for all canon law when the new code is published. But it was not so in the Middle Ages; it was the canonists who, to a large extent, formulated the law by extracting it from the accumulated mass of texts or by generalizing from the individual decisions in the early collections of decretals. When the law in force is known it must be explained, and this second object of the science of canon law is still unchanged. It consists in showing the true sense, the reason, the extension and application of each law and each institution. This necessitates a careful and exact application of the triple method of exposition, historical, philosophical, and

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practical: the first explains the law in accordance with its source and the evolution of customs; the second explains its principles; the last shows how it is to be applied at present. This practical application is the object of jurisprudence, which collects, coordinates and utilizes, for more or less analogous cases, the decisions of the competent tribunal. From this we may learn the position of canon law in the hierarchy of sciences. It is a judicial science, differing from the science of Roman law and of civil law inasmuch as it treats of the laws of an other society; but as this society is of the spiritual order and in a certain sense supernatural, canon law belongs also to the sacred sciences. In this category it comes after theology, which studies and explains in accordance with revelation, the truths to be believed; it is supported by theology, but in its turn it formulates the practical rules toward which theology tends, and so it has been called "theologia practica", "theologia rectrix". In as far as it is practical the science of canon law is closely related to moral theology; however, it differs from the latter which is not directly concerned with the acts prescribed or forbidden by the external law, but only with the rectitude of human acts in the light of the last end of man, whereas, canon law treats of the external laws relating to the good order of society rather than the workings of the individual conscience. Juridical, historical, and above all theological sciences are most useful for the comprehensive study of canon law.

III. SOURCES OF CANON LAW

This expression has a twofold meaning; it may refer to the sources from which the laws come and which give the latter their judicial force (fortes juris essendi); or it may refer to the sources where canon law is to be found (fortes juris cognoscendi), i.e. the laws themselves such as they occur in the texts and various codes. These sources are also called the material and the formal sources of canon law. We shall consider first the sources under the former aspect.

The ultimate source of canon law is God, Whose will is manifested either by the very nature of things (natural Divine law), or by Revelation (positive Divine law). Both are contained in the Scriptures and in Tradition. Positive Divine law cannot contradict natural law; it rather confirms it and renders it more definite. The Church accepts and considers both as sovereign binding laws which it can interpret but can not modify; however, it does not discover natural law by philosophic speculation; it receives it, with positive Divine law, from God through His inspired Books, though this does not imply a confusion of the two kinds of Divine law. Of the Old Law the Church has preserved in addition to the Decalogue some precepts closely allied to natural law, e.g. certain matrimonial impediments; as to the other laws given by God to His chosen people, it considers them to have been ritual and declares them abrogated by Jesus Christ. Or rather, Jesus Christ, the Lawgiver of the spiritual society founded by Him (Con. Trid. Sess. VI, "De justif.", can. I) has replaced them by the fundamental laws that He gave His Church. This Christian Divine law, if we may so call it, is found in the Gospels, in the Apostolic writings, in the living Tradition, which transmits laws as well as dogmas. On this positive Divine law depend the

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essential principles of the Church's constitution, the primacy, the episcopacy, the essential elements of Divine worship and the Sacraments, the indissolubility of marriage, etc.

Again, to attain its sublime end, the Church, endowed by its Founder with legislative power, makes laws in conformity with natural and Divine law. The sources or authors of this positive ecclesiastical law are essentially the episcopate and its head, the pope, the successors of the Apostolic College and its divinely appointed head, Saint Peter. They are, properly speaking, the active sources of canon law. Their activity is exercised in its most solemn form by the ecumenical councils, where the episcopate united with its head, and convoked and presided over by him, with him defines its teaching and makes the laws that bind the whole Church. The canons of the Ecumenical councils, especially those of Trent, hold an exceptional place in ecclesiastical law. But, without infringing on the ordinary power of the bishops, the pope, as head of the episcopate, possesses in himself the same powers as the episcopate united with him. It is true that the disciplinary and legislative power of the popes has not always, in the course of centuries, been exercised in the same manner and to the same extent, but in proportion as the administration became centralized, their direct intervention in legislation became more and more marked; and so the sovereign pontiff is the most fruitful source of canon law; he can abrogate the laws made by his predecessors or by Ecumenical councils; he can legislate for the whole church or for a part thereof, a country or a given body of individuals; if he is morally bound to take advice and to follow the dictates of prudence, he is not legally obliged to obtain the consent of any other person or persons, or to observe any particular form; his power is limited only by Divine law, natural and positive, dogmatic and moral. Furthermore, he is, so to say, the living law, for he is considered as having all law in the treasury of his heart ("in scrinio pectoris"; Boniface VIII. c. i, "De Constit." in VI). From the earliest ages the letters of the Roman pontiffs constitute, with the canons of the councils, the principal element of canon law, not only of the Roman Church and its immediate dependencies. but of all Christendom; they are everywhere relied upon and collected, and the ancient canonical compilations contain a large number of these precious "decretals" (decreta, statuta, epistolae decretales, and epistolae synodicae). Later, the pontifical laws are promulgated more usually as constitutions, Apostolic Letters, the latter being classified as Bulls or Briefs, according to their external form, or even as spontaneous acts, "Motu proprio". Moreover, the legislative and disciplinary power of the pope not being an in communicable privilege, the laws and regulations made in his name and with his approbation possess his authority: in fact, though most of the regulations made by the Congregations of the cardinals and other organs of the Curia are incorporated in the Apostolic Letters, yet the custom exists and is becoming more general for legislation to be made by mere decrees of the Congregations, with the papal approval. These are the "Acts of the Holy See" (Acta Sancte Sedis), and their object or purpose permitting, are real laws (see ROMAN CURIA).

Next to the pope, the bishops united in local councils, and each of them individually, are sources of law for their common or particular territory; canons of

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national or provincial councils, and diocesan statutes, constitute local law. Numerous texts of such origin are found in the ancient canonical collections. At the present day and for a long time past, the law has laid down clearly the powers of local councils and of bishops; if their decrees should interfere with the common law they have no authority save in virtue of pontifical approbation. It is well known that diocesan statutes are not referred to the sovereign pontiff, whereas the decrees of provincial councils are submitted for examination and approval to the Holy See (Const. "Immensa" of Sixtus V, 22 Jan., 1587). We may liken to bishops in this matter various bodies that have the right of governing themselves and thus enjoy a certain autonomy; such are prelates with territorial jurisdiction, religious orders, some exempt chapters and universities, etc. The concessions granted to them are generally subject to a certain measure of control.

Other sources of law are rather impersonal in their nature, chief among them being custom or the unwritten law. In canon law custom has become almost like a legislator; not in the sense that the people are made their own lawgiver, but a practice followed by the greater part of the community, and which is reasonable and fulfills the legal requirements for prescription and is observed as obligatory, acquires the force of law by at least the tacit consent of the legislator. Under such circumstances custom can create or rescind a legal obligation, derogate from a law, interpret it, etc. But it must be remarked that in our days, owing to the fully developed body of written law, custom plays a much less important part than did the practices and habits of early Christian times, when there was but little written law and even that seldom of wide application. The civil law of different nations, and especially the Roman law, may be numbered among the accessory sources of canon law. But it is necessary to explain more exactly its role and importance. Evidently secular law cannot be, strictly speaking, a source of canon law, the State as such having no competence in spiritual matters; yet it may become so by the more or less formal acceptation of particular laws by the ecclesiastical authorities. We pass by in the first place the laws made by the mutual agreement of both parties, such as the legislation of the numerous assemblies in the Visigoth kingdom, and the Frankish kingdom and empire, where the bishops sat with the lords and nobles. Such also is the case of the concordats of later ages, real contracts between the two powers. In these cases we have an ecclesiastico-civil law, the legal force of which arose from the joint action of the two competent authorities. It is in a different sense that Roman law, Germanic law, and in a lesser degree modern law, have become a subsidiary source of canon law.

It must be remembered that the Church existed for a long time before having a complete and coordinated system of law; that many daily acts of its administration, while objectively canonical, were of the same nature as similar acts in civil matters, e.g. contracts, obligations, and in general the administration of property; it was quite natural for the Church to accommodate itself in these matters to the existing flows, with out positively approving of them. Later when the canonists of the twelfth century began to systematize the ecclesiastical law, they found themselves in presence, on the one hand, of a fragmentary canon

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law, and on the other hand of the complete methodical Roman code; they had recourse to the latter to supply what was wanting in the former, whence the maxim adopted by the canonists and inserted in the "Corpus Juris", that the Church acts according to Roman law when canon law is silent (cap. 1. "De novi op. nunc.", X, i, V, tit. xxxii). Moreover, in the Teutonic kingdoms the clergy followed the Roman law as a personal statute. However, in proportion as the written canon law increased, Roman law became of less practical value in the Church (cap. 28, X, "De priv.", X, lib. V, tit. xxxiii). Canon law, it may be said, adopted from Roman law what relates to obligations, contracts, judiciary actions, and to a great extent civil procedure. Other Roman laws were the object of a more positive recognition than mere usage, i.e. they were formally approved, those, for instance, which though of secular origin, concerned ecclesiastical things, e.g. the Byzantine ecclesiastical laws, or again laws of civil origin and character but which were changed into canonical laws, e.g. the impediment of marriage arising from adoption. The juridical influence of Teutonic law was much less important, if we abstract from the inevitable adaptation to the customs of barbarous races, yet some survivals of this law in ecclesiastical legislation are worthy of note: the somewhat feudal system of benefices; the computation of the degrees of kindred; the assimilating of the penitential practices to the system of penal compensation (wehrgeld); finally, but for a time only, justification from criminal charges on the oath of guarantors or co-jurors (De purgatione canonica, lib. V, tit. xxxiv).

Modern law has only a restricted and local influence on canon law, and that particularly on two points. On the one hand, the Church conforms to the civil laws on mixed matters, especially with regard to the administration of its property; on some occasions even it has finally adopted as its own measures passed by the civil powers acting independently; a notable case is the French decree of 1809 on the "Fabriques d'église". On the other hand, modern legislation is indebted to the canon law for certain beneficial measures: part of the procedure in criminal, civil, and matrimonial cases, and to some extent, the organization of courts and tribunals.

IV. HISTORICAL DEVELOPMENT OF TEXTS AND COLLECTIONS

Considered under the second aspect, the sources of canon law are the legislative texts, and the collections of those texts whence we derive our knowledge of the Church's laws. In order to appreciate fully the reasons for and the utility of the great work of codification of the canon law, recently begun by order of Pius X, it is necessary to recall the general history of those texts and collections, ever increasing in number up to the present time. A detailed account of each of the canonical collections is here out of place; the more important ones are the subject of special articles, to which we refer the reader; it will suffice if we exhibit the different stages in the development of these texts and collections, and make clear the movement to wards centralization and unification that has led up to the present situation. Even in the private collections of the early centuries, in which the series of conciliar canons were merely brought together in more or less

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chronological order, a constant tendency towards unification is noticeable. From the ninth century onwards the collections are systematically arranged; with the thirteenth century begins the first official collections, thenceforth the nucleus around which the new legislative texts centre, though it is not yet possible to reduce them to a harmonious and coordinated code. Before tracing the various steps of this evolution, some terms require to be explained. The name "canonical collections" is given to all collections of ecclesiastical legislative texts, because the principal texts were the canons of the councils. At first the authors of these collections contented themselves with bringing together the canons of the different councils in chronological order; consequently these are called "chronological" collections; in the West, the last important chronological collection is that of Pseudo-Isidore. After his time the texts were arranged according to subject matter; these are the "systematic" collections, the only form in use since the time of Pseudo-Isidore. All the ancient collections are private, due to personal initiative, and have, therefore, as collections, no official authority: each text has only its own intrinsic value; even the "Decretum" of Gratian is of this nature. On the other hand, official or authentic collections are those that have been made or at least promulgated by the legislator. They begin with the "Compilatio tertia" of Innocent III; the later collections of the "Corpus Juris", except the "Extravagantes", are official. All the texts in an official collection have the force of law. There are also general collections and particular collections: the former treating of legislation in general, the latter treating of some special subject, for instance, marriage, procedure, etc., or even of the local law of a district. Finally, considered chronologically, the sources and collections are classified as previous to or later than the "Corpus Juris".

A. Canonical Collections In the East

Until the Church began to enjoy peace, the written canon law was very meager; after making full allowance for the documents that must have perished, we can discover only a fragmentary law, made as circumstances demanded, and devoid of all system. Unity of legislation, in as far as it can be expected at that period, is identical with a certain uniformity of practice, based on the prescriptions of Divine law relative to the constitution of the Church, the liturgy, the sacraments, etc. The clergy, organized everywhere in the same way, exercised almost everywhere the same functions. But at an early period we discover a greater local disciplinary uniformity between the Churches of the great sees (Rome, Carthage, Alexandria, Antioch, later Constantinople) and the Churches depending immediately on them. Further it is the disciplinary decisions of the bishops of the various regions that form the first nucleus of local canon law; these texts, spreading gradually from one country to another by means of the collections, obtain universal dissemination and in this way are the basis of general canon law.

There were, however, in the East, from the early days up to the end of the fifth century, certain writings, closely related to each other, and which were in reality brief canon law treatises on ecclesiastical administration the duties of the

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clergy and the faithful, and especially on the liturgy. We refer to works attributed to the Apostles, very popular in the Oriental Churches, though devoid of official authority, and which may be called pseudo-epigraphic, rather than apocryphal. The principal writings of this kind are the "Teaching of the Twelve Apostles" or "Didache", the "Didascalia", based on the "Didache"; the "Apostolic Constitutions", an expansion of the two preceding works; then the "Apostolic Church Ordinance", the "Definitio canonica SS. Apostolorum", the "Testament of the Lord" and the "Octateuch of Clement"; lastly the "Apostolic Canons". Of all this literature, only the "Apostolic Canons" were included in the canonical collections of the Greek Church. The most important of these documents the "Apostolic Constitutions", was removed by the Second Canon of the Council in Trullo (692), as having been interpolated by the heretics. As to the eighty-five Apostolic Canons, accepted by the same council, they rank yet first in the above-mentioned "Apostolic" collection; the first fifty translated into Latin by Dionysius Exiguus (c. 500), were included in the Western collections and afterwards in the "Corpus Juris".

As the later law of the separated Eastern Churches did not influence the Western collections, we need not treat of it, but go on to consider only the Greek collection. It begins early in the fourth century: in the different provinces of Asia Minor, to the canons of local councils are added those of the ecumenical Council of Nicea (325), everywhere held in esteem. The Province of Pontus furnished the penitentiary decisions of Ancyra and Neocaesarea (314); Antioch; the canons of the famous Council "in encaeniis" (341), a genuine code of metropolitan organization; Paphlagonia, that of the Council of Gangra (343), a reaction against the first excesses of asceticism; Phrygia, the fifty-nine canons of Laodicea on different disciplinary and liturgical matters. This collection was so highly esteemed that at the Council of Chalcedon (451) the canons were read as one series. It was increased later by the addition of the canons of (Constantinople (381), with other canons attributed to it, those of Ephesus (431). Chalcedon (451), and the Apostolic canons. In 692 the Council in Trullo passed 102 disciplinary canons, the second of which enumerates the elements of the official collection: they are the texts we have just mentioned, together with the canons of Sardica, and of Carthage (419), according to Dionysius Exiguus, and numerous canonical letters of the great bishops, SS. Dionysius of Alexandria, Gregory Thaumaturgus, Basil, etc. If to these be added the canons of the two ecumenical councils of Nicea (787) and Constantinople (869) we have all the elements of the definitive collection in its final shape. A few "systematic" collections may be mentioned as pertaining to this period: one containing fifty titles by an unknown author about 535; another with twenty-five titles of the ecclesiastical laws of Justinian; a collection of fifty titles drawn up about 550, by John the Scholastic, a priest of Antioch. The compilations known as the "Nomocanons" are more important, because they bring together the civil laws and the ecclesiastical laws on the same subjects; the two principal are the Nomocanon, wrongly attributed to John the Scholastic, but which dates from the end of the sixth century, with fifty titles, and another, drawn up in the seventh century, and afterwards augmented by the Patriarch Photius in 883.

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B. The Canonical Collections in the West to Pseudo-Isidore

In the West, canonical collections developed as in the East, but about two centuries later. At first appear collections of national or local laws, and the tendency towards centralization is partially effected in the ninth century. Towards the end of the fourth century there is yet in the West no canonical collection, not even a local one, those of the fifth century are essentially local, but all of them borrow from the Greek councils. The latter were known in the West by two Latin versions, one called the "Hispana" or "Isidorian", because it was inserted in the Spanish canonical collection, attributed to St. Isidore of Seville, the other called the "Itala" or "ancient" (Prisca), because Dionysius Exiguus, in the first half of the sixth century, found it in use at Rome, and being dissatisfied with its imperfections improved it. Almost all the Western collections, therefore, are based on the same texts as the Greek collection, hence the marked influence of that collection on Western canon law.

(1) At the end of the fifth century the Roman Church was completely organized and the popes had promulgated many legislative texts; but no collection of them had yet been made. The only extra-Roman canons recognized were the canons of Nicea and Sardica, the latter being joined to the former, and at times even cited as the canons of Nicea. The Latin version of the ancient Greek councils was known, but was not adopted as ecclesiastical law. Towards the year 500 Dionysius Exiguus compiled at Rome a double collection, one of the councils, the other of decretals, i.e. papal letters. The former, executed at the request of Stephen, Bishop of Salona, is a translation of the Greek councils, including Chalcedon, and begins with the fifty Apostolic canons; Dionysius adds to it only the Latin text of the canons of Sardica and of Carthage (419), in which the more ancient African councils are partially reproduced. The second is a collection of thirty-nine papal decretals, from Siricius (384) to Anastasius II (496-98). (See CANONS, COLLECTIONS OF ANCIENT.) Thus joined together these two collections became the canonical code of the Roman Church, not by official approbation, but by authorized practice. But while in the work of Dionysius the collection of conciliar canons remained unchanged, that of the decretals was successively increased; it continued to incorporate letters of the different popes till about the middle of the eighth century when Adrian I gave (774) the collection of Dionysius to the future Emperor Charlemagne as the canonical book of the Roman Church. This collection, often called the "Dionysio-Hadriana", was soon officially received in all Frankish territory, where it was cited as the "Liber Canonum", and was adopted for the whole empire of Charlemagne at the Diet of Aachen in 802. This was an important step towards the centralization and unification of the ecclesiastical law, especially as the Latin Catholic world hardly extended beyond the limits of the empire, Africa and the south of Spain having been lost to the Church through the victories of Islam.

(2) The canon law of the African Church was strongly centralized at Carthage; the documents naturally took the form of a collection, as it was customary to read and insert in the Acts of each council the decisions of the

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preceding councils. At the time of the invasion of the Vandals, the canonical code of the African Church comprised, after the canons of Nicea, those of the Council of Carthage under Bishop Gratus (about 348), under Genethlius (390), of twenty or twenty-two plenary councils under Aurelius (from 393 to 427), and the minor councils of Constantinople. Unfortunately these records have not come down to us in their entirety; we possess them in two forms: in the collection of Dionysius Exiguus, as the canons of a "Concilium Africanum"; in the Spanish collection, as those of eight councils (the fourth wrongly attributed, being a document from Aries, dating about the beginning of the sixth century). Through these two channels the African texts entered into Western canon law. It will suffice to mention the two "systematic" collections of Fulgentius Ferrandus and Cresconius.

(3) The Church in Gaul had no local religious centre, the territory being divided into unstable kingdoms; it is not surprising therefore that we meet no centralized canon law or universally accepted collection. There are numerous councils, however, and an abundance of texts; but if we except the temporary authority of the See of Arles, no church of Gaul could point to a permanent group of dependent sees. The canonical collections were fairly numerous, but none was generally accepted. The most widespread was the "Quesnelliana", called after its editor (the Jansenist Paschase Quesnel), rich, but badly arranged, containing many Greek, Gallic, and other councils, also pontifical decretals. With the other collections it gave way to the "Hadriana", at the end of the eighth century.

(4) In Spain, on the contrary, at least after the conversion of the Visigoths, the Church was strongly centralized in the See of Toledo, and in close union with the royal power. Previous to this, we must note the collection of St. Martin of Braga, a kind of adaptation of conciliar canons, often incorrectly cited in the Middle Ages as the "Capitula Martini papae" (about 563). It was absorbed in the large and important collection of the Visigoth Church. The latter, begun as early as the council of 633 and increased by the canons of subsequent councils, is known as the "Hispana" or "Isidoriana", because in later times it was attributed (erroneously) to St. Isidore of Seville. It comprises two parts: the councils and the decretals; the councils are arranged in four sections: the East, Africa, Gaul, Spain, and chronological order is observed in each section; the decretals, 104 in number, range from Pope St. Damasus to St. Gregory (366-604). Its original elements consist of the Spanish councils from Elvira (about 300) to the Seventeenth Council of Toledo in 694. The influence of this collection, in the form it assumed about the middle of the ninth century, when the False Decretals were inserted into it, was very great.

(5) Of Great Britain and Ireland we need mention only the Irish collection of the beginning of the eighth century, from which several texts passed to the continent; it is remarkable for including among its canons citations from the Scriptures and the Fathers.

(6) The collection of the False Decretals, or the Pseudo-Isidore (about 850), is the last and most complete of the "chronological" collections, and therefore the one most used by the authors of the subsequent "systematic"

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collections; it is the "Hispana" or Spanish collection together with apocryphal decretals attributed to the popes of the first centuries up to the time of St. Damasus, when the authentic decretals begin. It exerted a very great influence.

(7) To conclude the list of collections, where the later canonists were to garner their materials, we must mention the "Penitentials", the "Ordines" or ritual collections, the "Formularies", especially the "Liber Diurnus"; also compilations of laws, either purely secular, or semi-ecclesiastical, like the "Capitularies" (q.v.). The name "capitula" or "capitularia" is given also to the episcopal ordinances quite common in the ninth century. It may be noted that the author of the False Decretals forged also false "Capitularies", under the name of Benedict the Deacon, and false episcopal "Capitula", under the name of Angilramnus, Bishop of Metz.

C. Canonical Collections to the Time of Gratian

The Latin Church was meanwhile moving towards closer unity; the local character of canonical discipline and laws gradually disappears, and the authors of canonical collections exhibit a more personal note, i.e. they pick out more or less advantageously the texts, which they borrow from the "chronological" compilations, though they display as yet no critical discernment, and include many apocryphal documents, while others continue to be attributed to the wrong sources. They advance, nevertheless, especially when to the bare texts they add their own opinions and ideas. From the end of the ninth century to the middle of the twelfth these collections are very numerous; many of them are still unpublished, and some deservedly so. We can only mention the principal ones: A collection in twelve books, compiled in Northern Italy, and dedicated to an Archbishop Anselm, doubtless Anselm II of Milan (833-97), still unedited; it seems to have been widely used. The "Libri duo de synodalibus causis" of Regino, Abbot of Prum (d. 915), a pastoral visitation manual of the bishop of the diocese, edited by Wasserschleben (1840).

The voluminous compilation, in twenty books, of Burchard, Bishop of Worms, compiled between 1012 and 1022, entitled the "Collectarium", also "Decretum", a manual for the use of ecclesiastics in their ministry; the nineteenth book, "Corrector" or "Medicus", treats of the administration of the Sacrament of Penance, and was often current as a distinct work. This widely circulated collection is in P.L., CXL. At the end of the eleventh century there appeared in Italy several collections favouring the reform of Gregory VII and supporting the Holy See in the in vestiture strife; some of the authors utilized for their works the Roman archives. The collection of Anselm, Bishop of Lucca (d. 1086), in thirteen books, still unedited, an influential work. The collection of Cardinal Deusdedit, dedicated to Pope Victor III (1087), it treats of the primacy of the pope, of the Roman clergy, ecclesiastical property, immunities, and was edited by Martinucci in 1869, more recently and better by Wolf von Glanvell (1905). The "Breviarium" of Cardinal Atto; edited by Mai, "Script. vet. nova collect.", VI, app. 1832. The collection of Bonizo, Bishop of Sutri in ten books, written after 1089, still unedited. The collection of Cardinal Gregory, called by him "Polycarpus", in eight

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books, written before 1120, yet unedited. In France we must mention the small collection of Abbo, Abbot of Fleury (d. 1004). in fifty-two chapters, in P. L., CXXXIX; and especially the collections of Ives, Bishop of Chartres (d. 1115 or 1117), i.e. the "Collectio trium partium", the "Decretum", especially the "Panormia", a short compilation in eight books, extracted from the preceding two works, and widely used. The "Decretum" and the "Panormia" are in P. L., CLXI. The unedited Spanish collection of Saragossa (Caesar-augustana) is based on these works of Ives of Chartres. Finally, the "De misericordia et justitia", in three books, composed before 1121 by Algerus of Liège, a general treatise on ecclesiastical discipline, in which is fore shadowed the scholastic method of Gratian, reprinted in P.L., CLXXX.

D. The "Decretum" of Gratian: the Decretists

The "Concordantia discordantium canonum", known later as "Decretum", which Gratian published at Bologna about 1148, is not, as we consider it today, a collection of canonical texts, but a general treatise, in which the texts cited are inserted to help in establishing the law. It is true that the work is very rich in texts and there is hardly a canon of any importance contained in the earlier collections (including the decisions of the Lateran Council of 1139 and recent papal decretals) that Gratian has not used. His object, however, was to build up a juridical system from all these documents. Despite its imperfections, it must be admitted that the work of Gratian was as near perfection as was then possible. For that reason it was adopted at Bologna, and soon elsewhere, as the textbook for the study of canon law. (For an account of this collection see CORPUS JURIS CANONICI; CANONS.) We may here recall again that the "Decretum" of Gratian is not a codification, but a privately compiled treatise; further, that the building up of a general system of canon law was the work of the canonists, and not of the legislative authorities as such.

Quite as the professors at Bologna commented on Justinian's "Corpus juris civilis", so they began at once to comment on Gratian's work, the personal element as well as his texts. The first commentators are called the "Decretists". In their lectures (Lat. lecturae, readings) they treated of the conclusions to be drawn from each part and solved the problems (quaestiones) arising therefrom. They synopsized their teaching in "glosses", interlinear at first, then marginal, or they composed separate treatises known as "Apparatus", "Summae", "Repetitiones", or else collected "casus", "questiones", "Margaritae", "Breviaria", etc. The principal decretists are: Paucapalea, perhaps the first disciple of Gratian, whence, it is said, the name "palea" given to the additions to the "Decretum" (his "Summa" was edited by Schulte in 1890); Roland Bandinelli, later Alexander III (his "Summa" was edited by Thaner in 1874); Omnibonus, 1185 (see Schulte, "De Decreto ab Omnibono abbreviate", 1892); John of Faenza (d. bishop of that city in 1190); Rufinus ("Summa" edited by Singer, 1902); Stephen of Tournai (d. 1203; "Summa" edited by Schulte, 1891); the great canonist Huguccio (d. 1910; "Summa" edited by M. Gillmann); Sicard of Cremona (d. 1215); John the Teuton, really Semeca or Zemcke (d. 1245); Guido

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de Baysio, the "archdeacon" (of Bologna, d. 1313); and especially Bartholomew of Brescia (d. 1258), author of the "gloss" on the "Decretum" in its last form.

E. Decretals and Decretalists

While lecturing on Gratian's work the canonists labored to complete and elaborate the master's teaching; with that view they collected assiduously the decretals of the popes, and especially the canons of the Ecumenical councils of the Lateran (1179, 1215); but these compilations were not intended to form a complete code, they merely centered round and supplemented Gratian's "Decretum"; for that reason these Decretals are known as the "Extravagantes", i.e. outside of, or extraneous to, the official collections. The five collections thus made between 1190 and 1226 (see DECRETALS), and which were to serve as the basis for the work of Gregory IX, mark a distinct step forward in the evolution of canon law: whereas Gratian had inserted the texts in his own treatise, and the canonists wrote their works without including the texts, we have now compilations of supplementary texts for the purpose of teaching, but which nevertheless remain quite distinct; in addition, we at last find the legislators taking part officially in editing the collections. While the "Breviarium" of Bernard of Pavia, the first to exhibit the division into five books and into titles, which St. Raymund of Pennafort was later to adopt, is the work of a private individual, the "Compilatio tertia" of Innocent III in 1210, and the "Compilatio quinta" of Honorius III, in 1226, are official collections. Though the popes, doubtless, intended only to give the professors at Bologna correct and authentic texts, they nevertheless acted officially; these collections, however, are but supplements to Gratian.

This is also true of the great collection of "Decretals" of Gregory IX (see DECRETALS and CORPUS JURIS CANONICI). The pope wished to collect in a more uniform and convenient manner the decretals scattered through so many different compilations; he entrusted this synopsis to his chaplain Raymund of Pennafort, and in 1234 sent it officially to the universities of Bologna and Paris. He did not wish to suppress or supplant the "Decretum" of Gratian, but this eventually occurred. The "Decretals" of Gregory IX, though composed in great part of specific decisions, represented in fact a more advanced state of law; furthermore, the collection was sufficiently extensive to touch almost every matter, and could serve as a basis for a complete course of instruction. It soon gave rise to a series of commentaries, glosses, and works, as the "Decretum" of Gratian had done, only these were more important since they were based on more recent and actual legislation. The commentators of the Decretals were known as Decretalists. The author of the "gloss" was Bernard de Botone (d. 1263); the text was commented on by the most distinguished canonists; among the best known previous to the sixteenth century, we must mention: Bernard of Pavia ("Summa" edited by Laspeyres, 1860), Tancred, archdeacon of Bologna, d. 1230 ("Summa de Matrimonio", ed. Wunderlich, 1841); Godfrey of Trani (1245); Sinibaldo Fieschi, later Innocent IV (1254), whose "Apparatus in quinque libros decre taliurn" has been frequently reprinted since 1477; Henry of Susa, later Cardinal-Bishop of Ostia (d. 1271), hence "Hostiensis"; his "Summa

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Hostiensis", or "Summa aurea" was one of the best known canonical works, and was printed as early as 1473; Aegilius de Fuscarariis (d. 1289); William Durandus (d. 1296, Bishop of Mende), surnamed "Speculator", on account of his important treatise on procedure, the "Speculum judiciale", printed in 1473; Guido de Baysio, the "archdeacon", already mentioned; Nicolas de Tudeschis (d. 1453), also known as "Abbes siculus" or simply "Panormitanus" (or also "Abbas junior seu modernus") to distinguish him from the "Abbas antiques", whose name is unknown and who commented on the Decretals about 1275); Nicolas left a "Lecture" on the Decretals, the Liber Sextus, and the Clementines.

For some time longer, the same method of collecting was followed; not to speak of the private compilations, the popes continued to keep up to date the "Decretals" of Gregory IX; in 1245 Innocent IV sent a collection of forty-two decretals to the universities, ordering them to be inserted in their proper places; in 1253 he forwarded the "initia" or first words of the authentic decretals that were to be accepted. Later Gregory X and Nicholas III did likewise, but with little profit, and none of these brief supplementary collections survived. The work was again undertaken by Boniface VIII, who had prepared and published an official collection to complete the five existing books; this was known as the "Sextus" (Liber Sextus). Clement V also had prepared a collection which, in addition to his own decretals, contained the decisions of the Council of Vienne (1311-12); it was published in 1317 by his successor John XXII and was called the "Clementina." This was the last of the medieval official collections. Two later compilations included in the "Corpus Juris" are private works, the "Extravagantes of John XXII", arranged in 1325 by Zenzelin de Cassanis, who glossed them, and the "Extra vagantes communes", a belated collection; it was only in the edition of the "Corpus Juris" by Jean Chappuis, in 1500, that these collections found a fixed form. The "Sextus" was glossed and commented by Joannes Andrae, called the "funs et tuba juris" (d. 1348), and by Cardinal Jean Le Moines (Joannes Monachi, d. 1313), whose works were often printed.

When authors speak of the "closing" of the "Corpus Juris", they do not mean an act of the popes for bidding canonists to collect new documents, much less forbidding themselves to add to the ancient collections. But the canonical movement, so active after Gratian's time, has ceased forever. External circumstances, it is true, the Western Schism, the troubles of the fifteenth century, the Reformation, were unfavorable to the compiling of new canonical collections; but there were more direct causes. The special object of the first collections of the decretals was to help settle the law, which the canonists of Bologna were trying to systematize; that is why they contain so many specific decisions, from which the authors gathered general principles; when these had been ascertained the specific decisions were of no use except for jurisprudence; and in fact the "Sextus", the "Clementinae", and the other collections contain texts only when they are the statement of a general law. Any changes deemed necessary could be made in teaching without the necessity of recasting and augmenting the already numerous and massive collections.

F. From the Decretals to the Present Time

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After the fourteenth century, except for its contact with the collections we have just treated of, canon law loses its unity. The actual law is found in the works of the canonists rather than in any specific collection; each one gathers his texts where he can; there is no one general collection sufficient for the purpose. It is not a case of confusion, but of isolation and dispersion. The sources of law later than the "Corpus Juris" are: the decisions of councils, especially of the Council of Trent (1545-1563), which are so varied and important that by themselves they form a short code, though without much order; the constitutions of the popes, numerous but hitherto not officially collected, except the "Bullarium" of Benedict XIV (1747); the Rules of the Apostolic Chancery (q.v.); the 1917 Code of Canon Law; lastly the decrees, decisions, and various acts of the Roman Congregations, jurisprudence rather than law properly so called. For local law we have provincial councils and diocesan statutes. It is true there have been published collections of councils and Bullaria. Several Roman Congregations have also had their acts collected in official publications; but these are rather erudite compilations or repertories.

V. CODIFICATION

The method followed, both by private individuals and the popes, in drawing up canonical collections is generally rather that of a coordinated compilation or juxtaposition of documents than codification in the modern sense of the word, i.e. a redaction of the laws (all the laws) into an orderly series of short precise texts. It is true that antiquity, even the Roman law, did not offer any model different from that of the various collections, that method, however, long since ceased to be useful or possible in canon law. After the "closing" of the "Corpus Juris" two attempts were made; the first was of little use, not being official; the second, was official, but was not brought to a successful issue. In 1590 the jurisconsult Pierre Mathieu, of Lyons. published under the title "Liber septimus" a supplement to the "Corpus Juris", divided according to the order of the books and titles of the Decretals. It includes a selection of papal constitutions, from Sixtus IV to Sixtus V (1471-1590), but not the decrees of the Council of Trent. This compilation was of some service, and in a certain number of editions of the "Corpus Juris" was included as an appendix. As soon as the official edition of the "Corpus Juris" was published in 1582, Gregory XIII appointed a commission to bring up to date and complete the venerable collection. Sixtus V hastened the work and at length Cardinal Pinelli presented to Clement VIII what was meant to be a "Liber septimus". For the purpose of further studies the pope had it printed in 1598: the pontifical constitutions and the decrees of the Council of Trent were inserted in it in the order of the Decretals. For several reasons Clement VIII refused to approve this work and the project was definitively abandoned. Had this collection been approved it would have been as little used today as the others, the situation continuing to grow worse.

Many times during the nineteenth century, especially at the time of the Vatican Council (Collectio Lacensis, VII, 826), the bishops had urged the Holy See to draw up a complete collection of the laws in force, adapted to the needs

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of the day. It is true, their requests were complied with in regard to certain matters; Pius X in his "Motu proprio" of 19 March, 1904, refers to the constitution "Apostolicae Sedis" limiting and cataloguing the censures "latae sententie", the Constitution "Officiorum", revising the laws of the Index; the Constitution "Conditre" on the religious congregations with simple vows. These and several other documents were, moreover, drawn up in short precise articles, to a certain extent a novelty, and the beginning of a codification. Pius later officially ordered a codification, in the modern sense of the word, for the whole canon law. In the first year of his pontificate he issued the Tutu Proprio "Arduum", (De Ecclesiae legibus in unum redigendis); it treats of the complete codification and reformation of canon law. For this purpose the pope requested the entire episcopate, grouped in provinces, to make known to him the reforms they desired. At the same time he appointed a commission of consultors, on whom the initial work devolved, and a commission of cardinals, charged with the study and approval of the new texts, subject later to the sanction of the sovereign pontiff. The plans of the various titles were confided to canonists in every country. The general idea of the Code that followed includes (after the preliminary section) four main divisions: persons, things (with subdivisions for the sacraments, sacred places and objects, etc.). trials, crimes and penalties. It is practically the plan of the "Institutiones", or manuals of canon law. The articles were numbered consecutively. This great work was finished in 1917.

VI. ECCLESIASTICAL LAW

The sources of canon law, and the canonical writers. give us, it is true, rules of action, each with its specific object. We have now to consider all these laws in their common abstract element, in other words Ecclesiastical Law, its characteristics and its practice. According to the excellent definition of St. Thomas (I-II:90:1) a law is a reasonable ordinance for the common good promulgated by the head of the community. Ecclesiastical law therefore has for its author the head of the Christian community over which he has jurisdiction strictly so called; its object is the common welfare of that community, although it may cause inconvenience to individuals; it is adapted to the obtaining of the common welfare, which implies that it is physically and morally possible for the majority of the community to observe it; the legislator must intend to bind his subjects and must make known that intention clearly; finally he must bring the law under the notice of the community. A law is thus distinguished from a counsel, which is optional not obligatory; from a precept, which is imposed not on the community but on individual members; and from a regulation or direction, which refers to accessory matters.

The object therefore of ecclesiastical law is all that is necessary or useful in order that the society may attain its end, whether there be question of its organization, its working, or the acts of its individual members; it extends also to temporal things, but only indirectly. With regard to acts, the law obliges the individual either to perform or to omit certain acts; hence the distinction into "affirmative or preceptive" laws and "negative or prohibitory" laws; at times it is

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forced to allow certain things to be done, and we have "permissive" laws, or laws of forbearance; finally, the law in addition to forbidding a given act may render it, if performed, null and void; these are "irritant" laws. Laws in general, and irritant laws in particular, are not retroactive, unless such is expressly declared by the legislator to be the case. The publication or promulgation of the law has a double aspect: law must be brought to the knowledge of the community in order that the latter may be able to observe it, and in this consists the publication. But there may be legal forms of publication, requisite and necessary, and in this consists the promulgation properly so called (see PROMULGATION). Whatever may be said about the forms used in the past, today the promulgation of general ecclesiastical laws is effected exclusively by the insertion of the law in the official publication of the Holy See, the "Acta Apostolical Sedis", in compliance with the Constitution "Promulgandi", of Pius X, dated 29 September, 1908, except in certain specifically mentioned cases. The law takes effect and is binding on all members of the community as soon as it is promulgated, allowing for the time morally necessary for it to become known, unless the legislator has fixed a special time at which it is to come into force.

No one is presumed to be ignorant of the law; only ignorance of fact. not ignorance of law, is excusable (Reg. 1:3 jur. in VI). Everyone subject to the legislator is bound in conscience to observe the law. A violation of the law, either by omission or by act, is punishable with a penalty (q.v.). These penalties may be settled beforehand by the legislator, or they may be left to the discretion of the judge who imposes them. A violation of the moral law or what one's conscience judges to be the moral law is a sin; a violation of the exterior penal law, in addition to the sin, renders one liable to a punishment or penalty; if the will of the legislator is only to oblige the offender to submit to the penalty, the law is said to be "purely penal"; such are some of the laws adopted by civil legislatures, and it is generally admitted that some ecclesiastical laws are of this kind. As baptism is the gate of entrance to the ecclesiastical society, all those who are baptized, even non-Catholics, are in principle subject to the laws of the Church; in practice the question arises only when certain acts of heretics and schismatics come before Catholic tribunals; as a general rule an irritant law is enforced in such a case, unless the legislator has exempted them from its observance, for instance, for the form of marriage. General laws, therefore, bind all Catholics wherever they may be. In the case of particular laws, as one is subject to them in virtue of one's domicile, or even quasi-domicile, passing strangers are not subject to them, except in the case of acts performed within the territory.

The role of the legislator does not end with the promulgation of the law; it is his office to explain and interpret it (declaratio, interpretatio legis). The interpretation is "official" (authentica) or even "necessary", when it is given by the legislator or by some one authorized by him for that purpose; it is "customary", when it springs from usage or habit; it is "doctrinal", when it is based on the authority of the learned writers or the decisions of the tribunals. The official interpretation alone has the force of law. According to the result, the interpretation is said to be "comprehensive, extensive, restrictive, corrective," expressions easily understood. The legislator, and in the case of particular laws

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the superior, remains master of the law; he can suppress it either totally (abrogation), or partially (derogation), or he can combine it with a new law which suppresses in the first law all that is incompatible with the second (abrogation). Laws co-exist as far as they are reconcilable; the more recent modifies the more ancient, but a particular law is not suppressed by a general law, unless the fact is stated expressly. A law can also cease when its purpose and end cease, or even when it is too difficult to be observed by the generality of the subjects; it then falls into desuetude (see CUSTOM).

In every society, but especially in a society so vast and varied as the Church, it is impossible for every law to be applicable always and in all cases. Without suppressing the law, the legislator can permanently exempt from it certain persons or certain groups, or certain matters, or even extend the rights of certain subjects; all these concessions are known as privileges. In the same manner the legislator can derogate from the law in special cases; this is called a dispensation. Indults or the powers that the bishops of the Catholic world receive from the Holy See, to regulate the various cases that may arise in the administration of their dioceses, belong to the category of privileges; together with the dispensations granted directly by the Holy See, they eliminate any excessive rigidity of the law, and ensure to ecclesiastical legislation a marvelous facility of application. Without imperiling the rights and prerogatives of the legislator, but on the contrary strengthening them, indults impress more strongly on the law of the Church that humane, broad, merciful character, mindful of the welfare of souls, but also of human weakness, which likens it to the moral law and distinguishes it from civil legislation, which is much more external and inflexible.

APOSTOLIC CONSTITUTION SACRAE DISCIPLINAE LEGES

To our venerable brothers, cardinals, archbishops, bishops, priests, deacons and to the other members of the people of God,

John Paul, bishop, servant of the servants of God as a perpetual record.

During the course of the centuries the Catholic Church has been accustomed to reform and renew the laws of canonical discipline so that in constant fidelity to its divine founder, they may be better adapted to the saving mission entrusted to it. Prompted by this same purpose and fulfilling at last the expectations of the whole Catholic world, I order today, January 25, 1983, the promulgation of the revised Code of Canon Law. In so doing, my thoughts go back to the same day of the year 1959 when my predecessor of happy memory, John XXIII, announced for the first time his decision to reform the existing corpus of canonical legislation which had been promulgated on the feast of Pentecost in the year 1917.

Such a decision to reform the Code was taken together with two other decisions of which the Pontiff spoke on that same day: the intention to hold a synod of the Diocese of Rome and to convoke an ecumenical council. Of these

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two events, the first was not closely connected with the reform of the Code; but the second, the council, is of supreme importance in regard to the present matter and is closely connected with it.

If we ask why John XXIII considered it necessary to reform the existing Code, the answer can perhaps be found in the Code itself that was promulgated in the year 1917. But there exists also another answer and it is the decisive one: namely, that the reform of the Code of Canon Law appeared to be definitely desired and requested by the same council which devoted such great attention to the Church.

As is obvious, when the revision of the Code was first announced the council was an event of the future. Moreover, the acts of its magisterium and especially its doctrine on the Church would be decided in the years 1962-1965; however, it is clear to everyone that John XXIII’s intuition was very true, and with good reason it must be said that his decision was for the long-term good of the Church.

Therefore the new Code that is promulgated today necessarily required the previous work of the council. Although it was announced together with the ecumenical council, nevertheless it follows it chronologically because the work undertaken in its preparation, which had to be based upon the council, could not begin until after the latter’s completion.

Turning our minds today to the beginning of this long journey, to that January 25, 1959 and to John XXIII himself who initiated the revision of the Code, I must recognize that this Code derives from one and the same intention, the renewal of Christian living. From such an intention, in fact, the entire work of the council drew its norms and its direction.

If we now pass on to consider the nature of the work which preceded the promulgation of the Code and also the manner in which it was carried out, especially during the pontificates of Paul VI and John Paul I, and from then until the present day, it must be clearly pointed out that this work was brought to completion in an outstandingly collegial spirit. This applies not only in regard to the material drafting of the work, but also to the very substance of the laws enacted.

This note of collegiality eminently characterizes and distinguishes the process of developing the present Code; it corresponds perfectly with the teaching and the character of the Second Vatican Council. Therefore not only because of its content but also because of its very origin, the Code manifests the spirit of this council in whose documents the Church, the universal “sacrament of salvation” (dogmatic constitution on the Church Lumen Gentium, nn. 1, 9, 48), is presented as the people of God and its hierarchical constitution appears based on the college of bishops united with its head.

For this reason, therefore, the bishops individually and as episcopates were invited to collaborate in the preparation of the new Code so that by means of such a long process, by as collegial a method as possible, juridical formulae would gradually mature which would later serve for the use of the entire Church.Experts chosen from all over the world also took part in all these phases of the work, specialists in theology, history and especially canon law.

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To one and all of them I wish to express today my sentiments of deep gratitude. In the first place there come before my eyes the figures of the deceased cardinals who presided over the preparatory commission: Cardinal Pietro Ciriaci who began the work, and Cardinal Pericle Felici who, for many years, guided the course of the work almost to its end. I think then of the secretaries of the same commission: Monsignor Giacomo Violardo, later cardinal, and Father Raimondo Bidagor, S.J., both of whom in carrying out this task poured out the treasures of their doctrine and wisdom. Together with them I recall the cardinals, archbishops, bishops and all those who were members of that commission, as well as the consultors of the individual study groups engaged during these years in such a difficult work, and whom God in the meantime has called to their eternal reward. I pray to God for all of them.

I am pleased to remember also the living, beginning with the present propresident of the commission, our venerable brother Archbishop Rosalio Castillo Lara. For a very long time he has done excellent work in a task of such great responsibility. I pass then to our beloved son, Monsignor William Onclin, whose devotion and diligence have greatly contributed to the happy outcome of the work.

I finally mention all the others in the commission itself, whether as cardinal members or as officials, consultors and collaborators in the various study groups, or in other offices who have given their appreciated contribution to the drafting and the completion of such a weighty and complex work.

Therefore, in promulgating the Code today, I am fully aware that this act is an expression of pontifical authority and therefore is invested with a primatial character. But I am also aware that this Code in its objective content reflects the collegial solicitude of all my brothers in the episcopate for the Church.

Indeed, by a certain analogy with the council, it should be considered as the fruit of a collegial collaboration because of the united efforts on the part of specialized persons and institutions throughout the whole Church.

A second question arises concerning the very nature of the Code of Canon Law. To reply adequately to this question one must mentally recall the distant patrimony of law contained in the books of the Old and New Testament from which is derived the whole juridical-legislative tradition of the Church, as from its first source.

Christ the Lord, indeed, did not in the least wish to destroy the very rich heritage of the law and the prophets which was gradually formed from the history and experience of the people of God in the Old Testament, but he brought it to completion (cf. Mt. 5:17) such that in a new and higher way it became part of the heritage of the New Testament. Therefore, although in expounding the paschal mystery St. Paul teaches that justification is not obtained by the works of the law but by means of faith (cf. Rom. 3:28; Gal. 2:16), he does not thereby exclude the binding force of the Decalogue (cf. Rom. 13:28; Gal. 5:13-25, 6:2), nor does he deny the importance of discipline in the Church of God (cf. I Cor. 5 and 6).

Thus the writings of the New Testament enable us to understand even better the importance of discipline and make us see better how it is more closely connected with the saving character of the evangelical message itself.

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This being so, it appears sufficiently clear that the Code is in no way intended as a substitute for faith, grace, charisms, and especially charity in the life of the Church and of the faithful. On the contrary, its purpose is rather to create such an order in the ecclesial society that, while assigning the primacy to love, grace and charisms, it at the same time renders their organic development easier in the life of both the ecclesial society and the individual persons who belong to it.

As the Church’s principal legislative document founded on the juridical legislative heritage of revelation and tradition, the Code is to be regarded as an indispensable instrument to ensure order both in individual and social life, and also in the Church’s own activity. Therefore, besides containing the fundamental elements of the hierarchical and organic structure of the Church as willed by her divine founder or as based upon apostolic, or in any case most ancient, tradition, and besides the fundamental principles which govern the exercise of the threefold office entrusted to the Church itself, the Code must also lay down certain rules and norms of behavior.

The instrument that the Code is fully corresponds to the nature of the Church, especially as it is proposed by the teaching of the Second Vatican Council in general and in a particular way by its ecclesiological teaching. Indeed, in a certain sense this new Code could be understood as a great effort to translate this same conciliar doctrine and ecclesiology into canonical language. If, however, it is impossible to translate perfectly into canonical language the conciliar image of the Church, nevertheless the Code must always be referred to this image as the primary pattern whose outline the Code ought to express insofar as it can by its very nature.

From this, certain fundamental criteria are derived which should govern the entire new Code within the limits of its specific matter and of the language appropriate to that material.

It could indeed be said that from this there is derived that note of complementarity which the Code presents in relation to the teaching of the Second Vatican Council, in particular with reference to the two constitutions, the dogmatic constitution Lumen Gentium and the pastoral constitution Gaudium et Spes.

Hence it follows that what constitutes the substantial newness of the Second Vatican Council, in line with the legislative tradition of the Church, especially in regard to ecclesiology, constitutes likewise the newness of the new Code.

Among the elements which characterize the true and genuine image of the Church we should emphasize especially the following: the doctrine in which the Church is presented as the people of God (cf. dogmatic constitution Lumen Gentium, chapter 2) and hierarchical authority as service (cf. ibid. chapter 3); the doctrine in which the Church is seen as a communion and which therefore determines the relations which are to exist between the particular churches and the universal Church, and between collegiality and the primacy; likewise the doctrine according to which all the members of the people of God, in the way suited to each of them, participate in the threefold priestly, prophetic and kingly

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office of Christ, to which doctrine is also linked that which concerns the duties and rights of the faithful and particularly of the laity; and finally, the Church’s commitment to ecumenism.

If, therefore, the Second Vatican Council has drawn both new and old from the treasury of tradition, and the new consists precisely in the elements which I have enumerated, then it is clear that the Code should also reflect the same note of fidelity in newness and of newness in fidelity, and conform itself to this in its own subject matter and in its own particular manner of expression.The new Code of Canon Law appears at a moment when the bishops of the whole Church not only are asking for its promulgation, but also are crying out for it insistently and almost with impatience.

As a matter of fact, the Code of Canon Law is extremely necessary for the Church. Since the Church is organized as a social and visible structure, it must also have norms: in order that its hierarchical and organic structure be visible; in order that the exercise of the functions divinely entrusted to it, especially that of sacred power and of the administration of the sacraments, may be adequately organized; in order that the mutual relations of the faithful may be regulated according to justice based upon charity, with the rights of individuals guaranteed and well-defined; in order, finally, that common initiatives undertaken to live a Christian life ever more perfectly may be sustained, strengthened and fostered by canonical norms.

Finally, by their very nature canonical laws are to be observed. The greatest care has therefore been taken to ensure that in the lengthy preparation of the Code the wording of the norms should be accurate, and that they should be based on a solid juridical, canonical and theological foundation.

After all these considerations it is naturally to be hoped that the new canonical legislation will prove to be an efficacious means in order that the Church may progress in conformity with the spirit of the Second Vatican Council and may every day be ever more suited to carry out its office of salvation in this world.

With a confident spirit I am pleased to entrust these considerations of mine to all as I promulgate this fundamental body of ecclesiastical laws for the Latin Church.

May God grant that joy and peace with justice and obedience obtain favor for this Code, and that what has been ordered by the head be observed by the body.

Trusting therefore in the help of divine grace, sustained by the authority of the blessed apostles Peter and Paul, with certain knowledge, in response to the wishes of the bishops of the whole world who have collaborated with me in a collegial spirit, and with the supreme authority with which I am vested, by means of this Constitution, to be valid forever in the future, I promulgate the present Code as it has been set in order and revised. I command that for the future it is to have the force of law for the whole Latin Church, and I entrust it to the watchful care of all those concerned in order that it may be observed. So that all may more easily be informed and have a thorough knowledge of these norms before they have juridical binding force, I declare and order that they will have the force

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of law beginning from the first day of Advent of this year 1983, and this notwithstanding any contrary ordinances, constitutions, privileges (even worthy of special or individual mention), or customs.

I therefore exhort all the faithful to observe the proposed legislation with a sincere spirit and good will in the hope, that there may flower again in the Church a renewed discipline and that consequently the salvation of souls may be rendered ever more easy under the protection of the Blessed Virgin Mary, Mother of the Church.

Given at Rome, January 25, 1983, from the Vatican Palace, the fifth year of my pontificate.John Paul II

Overview of the Code of 1983

I. Basic Principles of Law, as applied to the Code of 1983A. The Code must retain its juridic qualityB. Pastoral care should be the hallmark of the Code.C. The principle of subsidiarity should be more broadly and completely applied to church legislationD. The rights of all the Christian faithful should be acknowledged and protected.E. Canon Law is a law of principles that must be applied to individual cases. By carefully considering the data and the dictates of the Law you work your way to a conclusion.

II. There are seven (7) books in the Code of 1983A. BOOK ONE: General Norms (cc. 1-203)B. BOOK TWO: People of God (cc. 204-746)

1.) Christian Faithful (cc. 204-329)2.) The Hierarchical Constitution of the Church (cc. 330-572)3.) Institutes of Consecrated Life and Societies of Apostolic Life (cc. 573-746)

a.) Norms Common to All Institutes of Consecrated life (cc. 573-606)b.) Religious Institutes (cc. 607-709)c.) Secular Institutes (cc. 710-730)d.) Societies of Apostolic Life (cc. 731-746)

C. BOOK THREE: Teaching Function of the Church (cc. 747-833)D. BOOK FOUR: Sanctifying Function of the Church (cc. 834-1253)E. BOOK FIVE: The Temporal Goods of the Church (cc. 1254-1310)F. BOOK SIX: Sanctions in the Church (cc. 1311-1399)G. BOOK SEVEN: Processes (cc 1400-1752)

Can. 34 §1 Instructions, namely, which set out the provisions of a law and develop the manner in which it

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is to be put into effect, are given for the benefit of those whose duty it is to execute the law, and they bind them in executing the law. Those who have executive power may, within the limits of their competence, lawfully publish such instructions.§2 The regulations of an instruction do not derogate from the law, and if there are any that cannot be reconciled with the provisions of the law they have no force.§3 Instructions cease to have force not only by explicit or implicit revocation by the competent authority who published them or by that authority’s superior, but also by the cessation of the law which they were designed to set out and execute.

All authors admit that proper law and universal law effect a real obligation. No law or canon consists entirely of counsels or exhortations. The essential effect of law is to produce an obligation.

Benedict XV, in his Motu Proprio Cum iuris canonici, issued September 15, 1917, declared that one of the ordinary functions of the sacred congregations was to issue instructions, whereby the canons of the Code were to be fully explained and effectively carried out. Clarity of exposition was to be the characteristic of these instructions, considered to be the complements of the canons. Instructions call attention to the specific laws that they are intended to clarify and explain.

Pius XII offered this reflection. "Therefore, let all members of the states of striving for evangelical perfection remember, and frequently recall before God, that it is not enough for the fulfillment of the obligations of their profession to avoid grave sins, or with the help of God, even venial sins; nor is it enough to carry out only materially the commands of their superiors, or to observe the vows or bonds binding in conscience, or even to observe their own constitutions according to which, as the Church herself commands in the sacred canons, 'each and every religious, superiors as well as subjects, ought to order his life and thus strive for the perfection of his state.' They should accomplish all these things with a wholehearted intention and a burning love, not only out of necessity, 'but also for conscience's sake.' In order to be capable of ascending the summit of sanctity, and of being living founts of Christian charity for all, they must be impelled by the most ardent love for God and their neighbor and adorned with every virtue" (Sedes Sapientiae, #24).

Law is meant to serve and assist leadership and all the members of the church. However, there are times when it is seen as an external controlling force or a tool that should be used as a last resort. With this understanding of law and how it can be a positive resource for life in the Church, the task of planning and handling issues can be made easier. Law helps to set boundaries, establish rights and protect them, delineate the use of authority, and help balance conflicting views.

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Chapter II: JURIDICAL PERSONS

Public Juridic Person as related to religious institutes and artificial “person” distinct form all natural persons or material goods, constituted by competent ecclesial authority for an apostolic purpose, with a capacity for continuous existence and with canonical rights and duties conferred on it by the law or by the authority that constitutes it.

Apostolic undertakings often transcend the abilities and life span of individual natural persons and require the combined efforts of many persons continuing over long periods of time. To afford continuity and stability, the legal system of the Church, like other legal systems, creates artificial entities known as juridic persons on whom the law confers certain rights, such as the right to own property, the right to enter into contracts, and the right to sue. The law also imposes certain obligations, such as regard for the common good, accountability to ecclesiastical authority, and liability for debts and for the faithful fulfillment of the intentions of donors.

Can. 113 §1 The catholic Church and the Apostolic See have the status of a moral person by divine disposition.§2 In the Church, besides physical persons, there are also juridical persons, that is, in canon law subjects of obligations and rights which accord with their nature.Can. 114 §1 Aggregates of persons or of things which are directed to a purpose befitting the Church’s mission, which transcends the purpose of the individuals, are constituted juridical persons either by a provision of the law itself or by a special concession given in the form of a decree by the competent authority.§2 The purposes indicated in §1 are understood to be those which concern works of piety, of the apostolate or of charity, whether spiritual or temporal.§3 The competent ecclesiastical authority is not to confer juridical personality except on those aggregates of persons or of things that aim at a genuinely useful purpose and which, all things considered, have the means that are foreseen to be sufficient to achieve the purpose in view.

Confining competence for the creation of juridic persons to the Holy See, episcopal conferences, and diocesan bishops us un keeping with the canonical tradition that has required episcopal power for the conferral of juridic personality, since such conferral affects the public order of the Church by creating new subjects of canonical rights and obligations.

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Can. 115 §1 Juridical persons in the Church are either aggregates of persons or aggregates of things.§2 An aggregate of persons, which must be made up of at least three persons, is collegial if the members decide its conduct by participating together in making its decisions, whether by equal right or not, in accordance with the law and the statutes; otherwise, it is non-collegial. §3 An aggregate of things, or an autonomous foundation, consists of goods or things, whether spiritual or material, and is directed, in accordance with the law and the statutes, by one or more physical persons or by a college. Can. 116 §1 Public juridical persons are aggregates of persons or of things which are established by the competent ecclesiastical authority so that, within the limits allotted to them in the name of the Church, and in accordance with the provisions of law, they might fulfill the specific task entrusted to them for the public good. Other juridical persons are private. §2 Public juridical persons are given this personality either by the law itself or by a special decree of the competent authority expressly granting it. Private juridical persons are given this personality only by a special decree of the competent authority expressly granting it. Can. 117 No aggregate of persons or of things seeking juridical personality can acquire it unless its statutes are approved by the competent authority. Can. 118 Those persons represent, and act in the name of, a public juridical person whose competence to do so is acknowledged by universal or particular law, or by their own statutes; those persons represent a private juridical person who are given this competence by their statutes. Can. 119 In regard to collegial acts, unless the law or the statutes provide otherwise: 1° in regard to elections, provided a majority of those who must be summoned are present, what is decided by an absolute majority of those present has the force of law. If there have been two inconclusive scrutinies, a vote is to be taken between the two candidates with the greatest number of votes or, if there are more than two, between the two senior by age. After a third

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inconclusive scrutiny, that person is deemed elected who is senior by age; 2° in regard to other matters, provided a majority of those who must be summoned are present, what is decided by an absolute majority of those present has the force of law. If the votes are equal after two scrutinies, the person presiding can break the tie with a casting vote; 3° that which affects all as individuals must be approved by all. Can. 120 §1 A juridical person is by its nature perpetual. It ceases to exist, however, if it is lawfully suppressed by the competent authority, or if it has been inactive for a hundred years. A private juridical person also ceases to exist if the association itself is dissolved in accordance with the statutes, or if, in the judgment of the competent authority, the foundation itself has, in accordance with the statutes, ceased to exist. §2 If even a single member of a collegial juridical person survives, and the aggregate of persons has not, according to the statutes, ceased to exist, the exercise of all the rights of the aggregate devolves upon that member. Can. 121 When aggregates of persons or of things which are public juridical persons are so amalgamated that one aggregate, itself with a juridical personality, is formed, this new juridical person obtains the patrimonial goods and rights which belonged to the previous aggregates; it also accepts the liabilities of the previous aggregates. In what concerns particularly the arrangements for the goods and the discharge of obligations, the wishes of the founders and benefactors, and any acquired rights must be safeguarded. Can. 122 When an aggregate which is a public juridical person is divided in such a way that part of it is joined to another juridical person or a distinct public juridical person is established from one part of it, the first obligation is to observe the wishes of the founders and benefactors, the demands of acquired rights and the requirements of the approved statutes. Then the competent ecclesiastical authority, either personally or through an executor, is to ensure: 1° that the divisible common patrimonial goods and rights, the monies owed and the other liabilities, are

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divided between the juridical persons in question in due proportion, in a fashion which is equitable and right, taking account of all the circumstances and needs of both; 2° that the use and enjoyment of the common goods which cannot be divided, be given to each juridical person, and also that the liabilities which are proper to each are the responsibility of each, in due proportion, in a fashion which is equitable and right. Can. 123 On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, are determined by law and the statutes. If these do not deal with the matter, the arrangements devolve upon the next higher juridical person, always with due regard for the wishes of the founders or benefactors and for acquired rights. On the extinction of a private juridical person, the arrangements for its goods and liabilities are governed by its own statutes.

(Validity of actions requiring consent)

Can. 127 §1 When the law prescribes that, in order to perform a juridical act, a Superior requires the consent or the advice of some college or group of persons, the college or group must be convened in accordance with can. 166, unless, if there is question of seeking advice only, particular or proper law provides otherwise. For the validity of the act, it is required that the consent be obtained of an absolute majority of those present, or that the advice of all be sought. §2 When the law prescribes that, in order to perform a juridical act, a Superior requires the consent or advice of certain persons as individuals: 1° if consent is required, the Superior’s act is invalid if the Superior does not seek the consent of those persons, or acts against the vote of all or of any of them; 2° if advice is required, the Superior’s act is invalid if the Superior does not hear those persons. The Superior is not in any way bound to accept their vote, even if it is unanimous; nevertheless, without what is, in his or her judgment, an overriding reason, the Superior is not to act against their vote, especially if it is a unanimous one.

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 §3 All whose consent or advice is required are obliged to give their opinions sincerely. If the seriousness of the matter requires it, they are obliged carefully to maintain secrecy, and the Superior can insist on this obligation.

In order to place a juridic act validly, a superior at times needs the consent or the counsel of a third party. Such a third party is, therefore, someone who is hierarchically subordinate to the one who needs the consent or advice. In contrast with Latin code, the Eastern code has an important additional paragraph indicating that the authority which requires the consent or counsel must provide the necessary information and see to it that the persons answering have freedom to speak their mind (CCEO 934§3). Indeed, giving consent or counsel is not considered a mere formality, but is rather the exercise of a responsibility by the one who is being consulted or asked for counsel; it ought to be based on all the data possible.

When consent is necessary, an absolute majority of those present is required. A vote ending in a tie may not be interpreted as giving consent. Such a vote implies that consent is not given. Since a superior asks for consent from others, this superior cannot participate in the voting nor break a tie. For the sake of clarity: the difference between a collegial act and giving consent or advice as a group or persons is that in the latter the superior alone places the act; giving consent is only a prerequisite for the validity of the act. In a collegial act, however, the superior is primus inter pares and dependent on the majority vote; the superior must act according to the majority decision. Hence, in a collegial act the superior may vote and even break a tie. When simply obtaining consent though, the superior may not vote.

Title Viii: Power Of Governance

It is important to recall a principle of interpretation mentioned by John Paul II when he promulgated the Code of 1983, namely, that Vatican II should remain the point of reference when something in the code is not clear. The legislation may not interpret the council, but the council should be the basis for the interpretation of the legislation.

Can. 129 §1 Those who are in sacred orders are, in accordance with the provisions of law, capable of the power of governance, which belongs to the Church by divine institution. This power is also called the power of jurisdiction. §2 Lay members of Christ’s faithful can cooperate in the exercise of this same power in accordance with the law.

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This canon attempts to answer the question: who can exercise the power of governance? This question has certainly been one of the most debated issues, not only during the reform of the 1917 Code but also in the time after the promulgation of the 1983 Code. The debate focuses in particular on the laity and their exercise of the power of governance. The question underlying the debate has to do with the necessity of ordination in order to exercise the power of governance and is closely connected to the question of the capacity of the laity to hold office. The distinction between possessing the power of governance and merely sharing in its exercise is new, and it is not at all clear what it means to cooperate in the exercise of a power that a person cannot hold.

 Can. 130 Of itself the power of governance is exercised for the external forum; sometimes however it is exercised for the internal forum only, but in such a way that the effects which its exercise is designed to have in the external forum are not acknowledged in that forum, except in so far as the law prescribes this for determinate cases. Can. 131 §1 Ordinary power of governance is that which by virtue of the law itself is attached to a given office; delegated power is that which is granted to a person other than through an office. §2 Ordinary power of governance may be proper or vicarious. §3 One who claims to have been delegated has the onus of proving the delegation.

Whereas the Roman Pontiff obtains power of governance upon accepting the election together with the episcopal consecration, the college of bishops also has full power by divine law, others who have power of governance receive it either by holding an office – in which case it is called ordinary power – or by delegation. The ordinary power attached to an office can be determined by law or in a decree issued by the authority that constitutes and confers the office. Delegated power is given to a specific person. The difference between ordinary power and delegated power has relevance for the possibility of delegating it to others and for extinguishing it. It is interesting that the canon does not determine who may or may not be delegated. It might be helpful to read this canon in conjunction with canon 129, §2.

 Can. 132 §1 Habitual faculties are governed by the provisions concerning delegated power. §2 However, unless the grant has expressly provided otherwise, or the Ordinary was deliberately chosen as the only one to exercise the faculty, an habitual faculty granted to an Ordinary does not lapse on the expiry of the authority of the Ordinary to whom it was

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given, even if he has already begun to exercise the faculty, but it passes to the Ordinary who succeeds him in governance. Can. 133 §1 A delegate who exceeds the limits of the mandate, with regard either to things or to persons, performs no act at all. §2 A delegate is not considered to have exceeded the mandate when what was delegated is carried out, but in a manner different to that determined in the mandate, unless the manner was prescribed for validity by the delegating authority. Can. 134 §1 In law the term Ordinary means, apart from the Roman Pontiff, diocesan Bishops and all who, even for a time only, are set over a particular Church or a community equivalent to it in accordance with can. 368, and those who in these have general ordinary executive power, that is, Vicars general and episcopal Vicars; likewise, for their own members, it means the major Superiors of clerical religious institutes of pontifical right and of clerical societies of apostolic life of pontifical right, who have at least ordinary executive power. §2 The term local Ordinary means all those enumerated in §1, except Superiors of religious institutes and of societies of apostolic life. §3 Whatever in the canons, in the context of executive power, is attributed to the diocesan Bishop, is understood to belong only to the diocesan Bishop and to those others in can. 381 §2 who are equivalent to him, to the exclusion of the Vicar general and the episcopal Vicar except by special mandate. Can. 135 §1 The power of governance is divided into legislative, executive and judicial power. §2 Legislative power is to be exercised in the manner prescribed by law; that which in the Church a legislator lower than the supreme authority has cannot be delegated, unless the law explicitly provides otherwise. A lower legislator cannot validly make a law that is contrary to that of a higher legislator. §3 Judicial power, which is possessed by judges and judicial colleges, is to be exercised in the manner prescribed by law, and it cannot be delegated except for the performance of acts preparatory to some decree or judgment.

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 §4 As far as the exercise of executive power is concerned, the provisions of the following canons are to be observed. Can. 136 Persons may exercise executive power over their subjects, even when either they themselves or their subjects are outside the territory, unless it is otherwise clear from the nature of things or from the provisions of law. They can exercise this power over peregrini who are actually living in the territory, if it is a question of granting favors, or of executing universal or particular laws by which the peregrini are bound in accordance with can. 13 §2, n. 2. Can. 137 §1 Ordinary executive power can be delegated either for an individual case or for all cases, unless the law expressly provides otherwise. §2 Executive power delegated by the Apostolic See can be subdelegated, either for an individual case or for all cases, unless the delegation was deliberately given to the individual alone, or unless subdelegation was expressly prohibited. §3 Executive power delegated by another authority having ordinary power, if delegated for all cases, can be subdelegated only for individual cases; if delegated for a determinate act or acts, it cannot be subdelegated, except by the express grant of the person delegating. §4 No subdelegated power can again be subdelegated, unless this was expressly granted by the person delegating. Can. 138 Ordinary executive power, and power delegated for all cases, are to be interpreted widely; any other power is to be interpreted strictly. Delegation of power to a person is understood to include everything necessary for the exercise of that power. Can. 139 §1 Unless the law prescribes otherwise, the tact that a person approaches some competent authority, even a higher one, does not mean that the executive power of another competent authority is suspended, whether that be ordinary or delegated. §2 A lower authority, however, is not to interfere in cases referred to higher authority, except for a grave and urgent reason; in which case the higher authority is to be notified immediately. Can. 140 §1 When several people are together delegated to act in the same matter, the person who

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has begun to deal with it excludes the others from acting, unless that person is subsequently impeded, or does not wish to proceed further with the matter. §2 When several people are delegated to act as a college in a certain matter, all must proceed in accordance with can. 119, unless the mandate provides otherwise. §3 Executive power delegated to several people is presumed to be delegated to them together. Can. 141 If several people are successively delegated, that person is to deal with the matter whose mandate was the earlier and was not subsequently revoked. Can. 142 §1 Delegated power lapses: on the completion of the mandate; on the expiry of the time or the completion of the number of cases for which it was granted; on the cessation of the motivating reason for the delegation; on its revocation by the person delegating, when communicated directly to the person delegated; and on the retirement of the person delegated, when communicated to and accepted by the person delegating. It does not lapse on the expiry of the authority of the person delegating, unless this appears from clauses attached to it. §2 An act of delegated power exercised for the internal forum only, which is inadvertently performed after the time limit of the delegation, is valid. Can. 143 §1 Ordinary power ceases on the loss of the office to which it is attached. §2 Unless the law provides otherwise, ordinary power is suspended if an appeal or a recourse is lawfully made against a deprivation of, or removal from, office. Can. 144 §1 In common error, whether of fact or of law, and in positive and probable doubt, whether of law or of fact, the Church supplies executive power of governance for both the external and the internal forum. §2 The same norm applies to the faculties mentioned in canons 883, 966, and 1111 §1.

Article 3: Election The Church has developed various legal structures to carry out its mission of continuing the work of Christ in the world. The listing of common responsibilities arising from Christian initiation for al the Christian faithful (canons 208-223), the recognition and promotion of charism as given by the Spirit, the delegation of

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individuals for specific tasks (canons 137-142), and the institution of ecclesiastical offices. Office provides the key structure in support of the Church’s mission, for unlike the other approaches, the creation of an office assures that an important function will be continued in the Church even after the initial officeholder is no longer available. In the Church, an office is a function established in a stable manner by divine or ecclesiastical ordinance, to be carried out for a spiritual purpose by one who has been legitimately named to the office or properly elected.

Through election, an electoral body selects the candidate for an office. The elected person obtains the office either by accepting the election, it no confirmation is needed, or by being confirmed by a competent authority.

Can. 164 Unless it has been otherwise provided in the law, the provisions of the following canons are to be observed in canonical elections.Can. 165 Unless it is otherwise provided in the law or in the statutes of the college or group, if a college or a group of persons enjoys the right to elect to an office, the election is not to be deferred beyond three canonical months, to be reckoned from the receipt of notification of the vacancy of the office. If the election does not take place within that time, the ecclesiastical authority who has the right of confirming the election or the right to make provision otherwise is freely to provide for the vacant office. Can. 166 §1 The one who presides over the college or group is to summon all those who belong to the college or group. When it has to be personal, the summons is valid if it is made in the place of domicile or quasi-domicile or in the place of residence.§2 If someone who should have been summoned was overlooked and was therefore absent, the election is valid. However, if that person insists and gives proof of being overlooked and of absence, the election, even if confirmed, must be rescinded by the competent authority, provided it is juridically established that the recourse was submitted within no more than three days of having received notification of the election.§3 If more than one third of the voters were overlooked, the election is invalid by virtue of the law itself, unless all those overlooked were in fact present.Can. 167 §1 When the summons has been lawfully made, those who are present on the day and in the place specified in the summons have the right to vote.

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Unless it is otherwise lawfully provided in the statutes, votes cast by letter or by proxy cannot be admitted.§2 If an elector is present in the building in which the election is being held, but because of infirmity is unable to be present at the election; a written vote is to be sought from that person by the scrutineers.Can. 168 Even if someone has a right to vote in his or her own name by reason of a number of titles, that person may cast only one vote. Can. 169 In order that an election be valid, no one may be allowed to vote who does not belong to the college or group.Can. 170 If the freedom of an election has in any way been in fact impeded, the election is invalid by virtue of the law itself. Can. 171 §1 The following are legally incapable of casting a vote: 1° one incapable of a human act; 2° one lacking active voice; 3° one who is excommunicated, whether by judgment of a court or by a decree whereby this penalty is imposed or declared;4° one who notoriously defected from communion with the Church. §2 If any of the above persons is admitted, the vote cast is invalid. The election, however, is valid, unless it is established that, without this vote, the person elected would not have gained the requisite number of votes. Can. 172 §1 For a vote to be valid, it must be:1° free; a vote is therefore invalid if, through grave fear or deceit, someone was directly or indirectly made to choose a certain person or several persons separately;2° secret, certain, absolute and determinate.§2 Conditions attached to a vote before an election are to be considered non-existent. Can. 173 §1 Before an election begins, at least two scrutineers are to be appointed from among the college or group. §2 The scrutineers are to collect the votes and, in the presence of the one who presides at the election, to check whether the number of votes corresponds to the number of electors; they are then to examine the

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votes and to announce how many each person has received.§3 If the number of votes exceeds the number of electors, the act is null.§4 All the proceedings of an election are to be accurately recorded by the one who acts as notary. They are to be signed at least by that notary, by the person who presides and by the scrutineers, and they are to be carefully preserved in the archive of the college. Can. 174 §1 Unless the law or the statutes provide otherwise, an election can be made by compromise, that is the electors by unanimous and written consent transfer the right of election for this occasion to one or more suitable persons, whether they belong to the college or are outside it, who in virtue of this authority are to elect in the name of all.§2 If the college or group consists solely of clerics, the persons to whom the power of election is transferred must be in sacred orders; otherwise the election is invalid. §3 Those to whom the power of election is transferred must observe the provisions of law concerning an election and, for the validity of the election, they must observe the conditions attached to the compromise, unless these conditions are contrary to the law. Conditions which are contrary to the law are to be regarded as non-existent. Can. 175 A compromise ceases, and the right to vote reverts to those who transferred it, when: 1° it is revoked by the college or group before it has been put into effect; 2° a condition attached to the compromise has not been fulfilled; 3° the election has been held, but invalidly. Can. 176 Unless it is otherwise provided in the law or the statutes, the person who has received the requisite number of votes in accordance with can. 119, n. 1, is deemed elected and is to be proclaimed by the person who presides over the college or group.Can. 177 §1 The election is to be notified immediately to the person elected who must, within eight canonical days from the receipt of notification of the election, intimate to the person who presides over the college or group whether or not he or she accepts the election; otherwise, the election has no effect.

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 §2 The person elected who has not accepted loses every right deriving from the election, nor is any right revived by subsequent acceptance; the person may, however, be elected again. The college or group must proceed to a new election within a month of being notified of non-acceptance. Can. 178 If the election does not require confirmation, by accepting the election the person elected immediately obtains the office with all its rights; otherwise, he or she acquires only a right to the office.Can. 179 §1 If the election requires confirmation, the person elected must, either personally or through another, ask for confirmation by the competent authority within eight canonical days of acceptance of the office- otherwise that person is deprived of every right, unless he or she has established that there was just reason which prevented confirmation being sought.§2 The competent authority cannot refuse confirmation if he has found the person elected suitable in accordance with can. 149 §1, and the election has been carried out in accordance with the law.§3 Confirmation must be given in writing. §4 Before receiving notice of the confirmation, the person elected may not become involved in the administration of the office, neither in spiritual nor in material affairs; any acts possibly performed by that person are invalid.§5 When confirmation has been notified, the person elected obtains full right to the office, unless the law provides otherwise.  Article 4: PostulationCan. 180 §1 If a canonical impediment, from which a dispensation is possible and customary, stands in the way of the election of a person whom the electors judge more suitable and prefer, they can, unless the law provides otherwise, postulate that person from the competent authority. §2 Those to whom the power of electing has been transferred by compromise may not make a postulation, unless this is expressly stated in the terms of the compromise.

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Can. 181 §1 For a postulation to have effect, at least two thirds of the votes are required.§2 A vote for postulation must be expressed by the term ‘I postulate’, or an equivalent. The formula ‘I elect or postulate’, or its equivalent, is valid for election if there is no impediment; otherwise, it is valid for postulation. Can. 182 §1 The postulation must be sent, within eight canonical days, by the person who presides to the authority which is competent to confirm the election, to whom it belongs to grant the dispensation from the impediment or, if he has not this authority, to seek the dispensation from a superior authority. If confirmation is not required, the postulation must be sent to the authority which is competent to grant the dispensation.§2 If the postulation is not forwarded within the prescribed time, it is by that very fact invalid, and the college or group is for that occasion deprived of the right of election or of postulation, unless it is proved that the person presiding was prevented by a just impediment from forwarding the postulation, or did not do so in due time because of deceit or negligence.§3 The person postulated does not acquire any right from the postulation; the competent authority is not obliged to admit the postulation. §4 The electors may not revoke a postulation made to the competent authority, except with the consent of that authority.Can. 183 §1 If a postulation is not admitted by the competent authority the right of election reverts to the college or group. §2 If the postulation has been admitted, this is to be notified to the person postulated, who must reply in accordance with can. 177 §1.§3 The person who accepts a postulation that has been admitted immediately obtains full right to the office.

Title V: Associations Of Christ’s Faithful

Among the rights of the faithful recognized by the Code of Canon Law, there is at least one that the Church has already recognized in civil societies: the right to associate. In itself, there is not much that is very new in the statement that the faithful are at liberty freely to found and direct associations (canon 215). What is new in this legal provision does not lie in the fact that the faithful can gather in

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associations, but rather that this capacity is recognized as a fundamental right of all the faithful, whatever their state in the Church: lay person, priest, religious, or bishop.

 Chapter I: COMMON NORMSCan. 298 §1 In the Church there are associations that are distinct from institutes of consecrated life and societies of apostolic life. In these associations, Christ’s faithful, whether clerics or laity, or clerics and laity together, strive with a common effort to foster a more perfect life, or to promote public worship or Christian teaching. They may also devote themselves to other works of the apostolate, such as initiatives for evangelization, works of piety or charity, and those that animate the temporal order with the Christian spirit.§2 Christ’s faithful are to join especially those associations that have been established, praised or recommended by the competent ecclesiastical authority.

The image of the typical association in the Church – experienced in institutes of consecrated life and societies of apostolic life – is profiled in the words of this canon. In proceeding by way of comparison, the text is reduced to explaining associations of the faithful negatively: they are not groups of faithful organized as in institutes of consecrated life and societies of apostolic life, and their members are not bound by vows or other sacred bonds by which the evangelical counsels are assumed. The fact of being a member of an association of the faithful does not change the status of a person in the Church, as does the fact of religious profession or priestly ordination.

Can. 299 §1 By private agreement among themselves, Christ’s faithful have the right to constitute associations for the purposes mentioned in can. 298 §1, without prejudice to the provisions of can. 301 §1.§2 Associations of this kind, even though they may be praised or commended by ecclesiastical authority, are called private associations.§3 No private association of Christ’s faithful is recognised in the Church unless its statutes have been reviewed by the competent authority.Can. 300 No association may call itself ‘catholic’ except with the consent of the competent ecclesiastical authority, in accordance with can. 312.

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Can. 301 §1 It is for the competent ecclesiastical authority alone to establish associations of Christ’s faithful which intend to impart Christian teaching in the name of the Church, or to promote public worship, or which are directed to other ends whose pursuit is of its nature reserved to the same ecclesiastical authority.§2 The competent ecclesiastical authority, if it judges it expedient, can also establish associations of Christ’s faithful to pursue, directly or indirectly, other spiritual ends whose attainment is not adequately provided for by private initiatives.§3 Associations of Christ’s faithful that are established by the competent ecclesiastical authority are called public associations.Can. 302 Associations of Christ’s faithful are called clerical when they are under the direction of clerics, presuppose the exercise of sacred orders, and are acknowledged as such by the competent authority.Can. 303 Associations whose members live in the world but share in the spirit of some religious institute, under the overall direction of the same institute, and who lead an apostolic life and strive for Christian perfection, are known as third orders, or are called by some other suitable title.Can. 304 §1 All associations of Christ’s faithful, whether public or private, by whatever title or name they are called, are to have their own statutes. These are to define the purpose or social objective of the association, its centre, its governance and the conditions of membership. They are also to specify the manner of action of the association, paying due regard to what is necessary or useful in the circumstances of the time and place.§2 Associations are to select for themselves a title or name which is in keeping with the practices of the time and place, especially one derived from the purpose they intend.Can. 305 §1 All associations of Christ’s faithful are subject to the supervision of the competent ecclesiastical authority. This authority is to ensure that integrity of faith and morals is maintained in them and that abuses in ecclesiastical discipline do not creep in. The competent authority has therefore the duty and the right to visit these associations, in accordance with the law and the statutes. Associations are also

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subject to the governance of the same authority in accordance with the provisions of the canons that follow.§2 Associations of every kind are subject to the supervision of the Holy See. Diocesan associations are subject to the supervision of the local Ordinary, as are other associations to the extent that they work in the diocese.Can. 306 To enjoy the rights and privileges, indulgences and other spiritual favors granted to an association, it is necessary and sufficient that a person be validly received into the association in accordance with the provisions of the law and with the association’s own statutes, and be not lawfully dismissed from it.Can. 307 §1 The admission of members is to take place in accordance with the law and with the statutes of each association.§2 The same person can be enrolled in several associations.§3 In accordance with their own law, members of religious institutes may, with the consent of their Superior, join associations.Can. 308 No one who was lawfully admitted is to be dismissed from an association except for a just reason, in accordance with the law and the statutes.Can. 309 Associations that are lawfully established have the right, in accordance with the law and the statutes, to make particular norms concerning the association, for the holding of meetings, and for the appointment of moderators, officials, ministers and administrators of goods.Can. 310 A private association that has not been constituted a juridical person cannot, as such, be the subject of duties and rights. However the faithful who are joined together in it can jointly contract obligations. As joint owners and joint possessors they can acquire and possess rights and goods. They can exercise these rights and obligations through a delegate or a proxy.Can. 311 Members of institutes of consecrated life who preside over or assist associations which are joined in some way to their institute, are to ensure that these associations help the apostolic works existing in the diocese. They are especially to cooperate, under the direction of the local Ordinary, with associations

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that are directed to the exercise of the apostolate in the diocese.

Chapter II: PUBLIC ASSOCIATIONS OF CHRIST’S FAITHFULCan. 312 §1 The authority that is competent to establish public associations is:1° the Holy See, for universal and international associations2° the Episcopal Conference in its own territory, for national associations that by their very establishment are intended for work throughout the whole nation;3° the diocesan Bishop, each in his own territory, but not the diocesan Administrator, for diocesan associations, with the exception, however, of associations the right to whose establishment is reserved to others by apostolic privilege.§2 The written consent of the diocesan Bishop is required for the valid establishment of an association or branch of an association in the diocese even though it is done in virtue of an apostolic privilege. Permission, however, which is given by the diocesan Bishop for the foundation of a house of a religious institute, is valid also for the establishment in the same house, or in a church attached to it, of an association which is proper to that institute.Can. 313 A public association or a confederation of public associations is constituted a juridical person by the very decree by which it is established by the authority competent in accordance with can. 312. Moreover, insofar as is required, it thereby receives its mission to pursue, in the name of the Church, those ends which it proposes for itself.Can. 314 The statutes of any public association require the approval of the authority that, in accordance with can. 312 §1, is competent to establish the association; this approval is also required for a revision of, or a change in, the statutes.Can. 315 Public associations can, on their own initiative, undertake projects that are appropriate to their character, and they are governed by the statutes, but under the overall direction of the ecclesiastical authority mentioned in can. 312 §1.Can. 316 §1 A person who has publicly rejected the catholic faith, or has defected from ecclesiastical communion, or upon whom an excommunication has

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been imposed or declared, cannot validly be received into public associations.§2 Those who have been lawfully enrolled but who fall into one of the categories mentioned in §1, having been previously warned, are to be dismissed, in accordance with the statutes of the association, without prejudice to their right of recourse to the ecclesiastical authority mentioned in can. 312 §1.Can. 317 §1 Unless the statutes provide otherwise, it belongs to the ecclesiastical authority mentioned in can. 312 §1 to confirm the moderator of a public association on election, or to appoint the moderator on presentation, or by his own right to appoint the moderator. The same authority appoints the chaplain or ecclesiastical assistant, after consulting the senior officials of the association, wherever this is expedient.§2 The norm of §1 is also valid for associations that members of religious institutes, by apostolic privilege, establish outside their own churches or houses. In associations that members of religious institutes establish in their own church or house, the appointment or confirmation of the moderator and chaplain belongs to the Superior of the institute, in accordance with the statutes.§3 The laity can be moderators of associations that are not clerical. The chaplain or ecclesiastical assistant is not to be the moderator, unless the statutes provide otherwise.§4 Those who hold an office of direction in political parties are not to be moderators in public associations of the faithful that are directly ordered to the exercise of the apostolate.Can. 318 §1 In special circumstances, when serious reasons so require the ecclesiastical authority mentioned in can. 312 §1 can appoint a commissioner to direct the association in his name for the time being.§2 The moderator of a public association may be removed for a just reason, by the person who made the appointment or the confirmation, but the Moderator himself and the senior officials of the association must be consulted, in accordance with the statutes. The chaplain can, however, be removed by the person who appointed him, in accordance with cann. 192--195.

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Can. 319 §1 Unless otherwise provided, a lawfully established public association administers the goods it possesses, in accordance with the statutes, and under the overall direction of the ecclesiastical authority mentioned in can. 312 §1. It must give a yearly account to this authority.§2 The association must also faithfully account to the same authority for the disbursement of contributions and alms that it has collected.Can. 320 §1 Associations established by the Holy See can be suppressed only by the Holy See.§2 For grave reasons, associations established by the Episcopal Conference can be suppressed by it. The diocesan Bishop can suppress those he has established, and also those that members of religious institutes have established by apostolic indult with the consent of the diocesan Bishop.§3 A public association is not to be suppressed by the competent authority unless the moderator and other senior officials have been consulted.

Chapter III: PRIVATE ASSOCIATIONS OF CHRIST’S FAITHFULCan. 321 Christ’s faithful direct and moderate private associations according to the provisions of the statutes.Can. 322 §1 A private association of Christ’s faithful can acquire juridical personality by a formal decree of the competent ecclesiastical authority mentioned in can. 312.§2 No private association of Christ’s faithful can acquire juridical personality unless its statutes are approved by the ecclesiastical authority mentioned in can. 312 §1. The approval of the statutes does not, however, change the private nature of the association.Can. 323 §1 Although private associations of Christ’s faithful enjoy their own autonomy in accordance with can. 321, they are subject to the supervision of ecclesiastical authority, in accordance with can. 305, and also to the governance of the same authority.§2 It is also the responsibility of ecclesiastical authority, with due respect for the autonomy of private associations, to oversee and ensure that there is no dissipation of their forces, and that the exercise of their apostolate is directed to the common good.

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Can. 324 §1 A private association of Christ’s faithful can freely designate for itself a moderator and officers, in accordance with the statutes.§2 If a private association of Christ’s faithful wishes to have a spiritual counselor, it can freely choose one for itself from among the priests who lawfully exercise a ministry in the diocese, but the priest requires the confirmation of the local Ordinary.Can. 325 §1 A private association of Christ’s faithful is free to administer any goods it possesses, according to the provisions of the statutes, but the competent ecclesiastical authority has the right to ensure that the goods are applied to the purposes of the association.§2 In accordance with can. 1301, the association is subject to the authority of the local Ordinary in whatever concerns the administration and distribution of goods that are donated or left to it for pious purposes.Can. 326 §1 A private association of Christ’s faithful is extinguished in accordance with the norms of the statutes. It can also be suppressed by the competent authority if its activity gives rise to grave harm to ecclesiastical teaching or discipline, or is a scandal to the faithful.§2 The fate of the goods of a private association that ceases to exist is to be determined in accordance with the statutes, without prejudice to acquired rights and to the wishes of donors.

Chapter IV: SPECIAL NORMS FOR LAY ASSOCIATIONSCan. 327 Lay members of Christ’s faithful are to hold in high esteem associations established for the spiritual purposes mentioned in can. 298. They should especially esteem those associations whose aim is to animate the temporal order with the Christian spirit, and thus greatly foster an intimate union between faith and life.Can. 328 Those who head lay associations, even those established by apostolic privilege, are to ensure that their associations cooperate with other associations of Christ’s faithful, where this is expedient. They are to give their help freely to various Christian works, especially those in the same territory.

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Can. 329 Moderators of lay associations are to ensure that the members receive due formation, so that they may carry out the apostolate which is proper to the laity.

Part III: INSTITUTES OF CONSECRATED LIFE AND SOCIETIES OF APOSTOLIC LIFE Section I: Institutes of Consecrated Life TITLE I: NORMS COMMON TO ALL INSTITUTES OF CONSECRATED LIFE

“Institute” is the generic term in the Code for all Orders and Congregations. The profession of the evangelical counsels makes an individual “a religious.” The Canons that this study will primarily address are cc. 573 thru 710. We will only give a cursory consideration of “Secular Institutes” (cc. 710-730) and “Societies of Apostolic Life” (cc. 731-746). These norms are profoundly spiritual and theological in nature. There was nothing like this in the old Code of 1917. They are inspired by documents of Vatican II, especially Perfectae Caritatis and Lumen Gentium (VI). It would prove worthwhile to meditate on their thrust, spirituality and theology.

 Can. 573 §1 Life consecrated through profession of the evangelical counsels is a stable form of living, in which the faithful follow Christ more closely under the action of the Holy Spirit, and are totally dedicated to God, who is supremely loved. By a new and special title they are dedicated to seek the perfection of charity in the service of God’s Kingdom, for the honor of God, the building up of the Church and the salvation of the world. They are a splendid sign in the Church, as they foretell the heavenly glory.§2 Christ’s faithful freely assume this manner of life in institutes of consecrated life that are canonically established by the competent ecclesiastical authority. By vows or by other sacred bonds, in accordance with the laws of their own institutes, they profess the evangelical counsels of chastity, poverty and obedience. Because of the charity to which these counsels lead, they are linked in a special way to the Church and its mystery.

In Canon 573 you find an ecclesial ‘job description.’ Herein the Church spells out what it is to enter into and to live the consecrated life of the professed evangelical counsels. This canon sets the mood; gives the scope and direction of the canons that follow. It is extremely rich in expression and redolent of the long tradition of

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religious life in the Church. The Scriptural, doctrinal and theological ends of the lifestyle are herein delineated. Every Christian is dedicated by Baptism, incorporated into Christ and the Church , which is the People God has chosen as his own. This canon proposes a special sort of self-immolation – a deepening and expanding of the effects of the Sacraments of Initiation, by placing the counsels of obedience, chastity and poverty, under a vow or sacred promise to the Lord. This is a special vocation, not given to every one of the baptized. This life is to follow a 'stable form.' It is something abiding and unchanging. Law follows life, and historically, religious followed a particular form of life, of prayer, and work. Later, the Church recognized and legislated for these religious communities in an official and formal way.

It is clear from this initial canon that the law is concerned with a permanent way of life. In an era of instability and transitoriness, the canons speak of what has traditionally been called a ‘state of life.’ There are, of course, a wide variety of kinds of associations in which the faithful may seek their own spiritual advancement and work for the accomplishment of diverse works of charity and piety. These, however, require no permanent commitment of one’s total life and being. Life consecrated through the profession of the evangelical counsels demands precisely that.

Can. 574 §1 The state of persons who profess the evangelical counsels in these institutes belongs to the life and holiness of the Church. It is therefore to be fostered and promoted by everyone in the Church.§2 Some of Christ’s faithful are specially called by God to this state, so that they may benefit from a special gift in the life of the Church and contribute to its saving mission according to the purpose and spirit of each institute.

A change in terminology came with the documents of the second Vatican council. According to the mind of the council fathers, consecrated religious are no longer seen as a 'tertium quid' somewhere between the laity and the clergy. (Cf. L.G.#43) Some religious are clergy and some are laity (unordained). Each institute contributes in its own way, according to the charism of founder(s) within the Church. An individual is called by God to a particular institute. Each institute offers a unique service to the universal Church.

Can. 575 The evangelical counsels, based on the teaching and example of Christ the Master, are a divine gift that the Church received from the Lord and which by His grace it preserves always.

The evangelical counsels are gifts of Christ to his Church. They are rooted in his life and teaching. Jesus' consecration to the Father in the Paschal mystery is exemplified by the three traditional counsels. Every baptized Christian is

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encouraged to follow them according to his or her state in life. However, a consecrated religious vows them and is thus bound to them by profession.

Can. 576 It is the prerogative of the competent authority in the Church to interpret the evangelical counsels, to legislate for their practice and, by canonical approval, to constitute the stable forms of living which arise from them. The same authority has the responsibility to do what is in its power to ensure that institutes grow and flourish according to the spirit of their founders and to their sound traditions.

It is important to note the need for authorization by competent ecclesiastical authority. This means that our charism is not ours. It belongs to the Church -- the People of God and is to be exercised for the building up of the Body of Christ. The Church has the right and duty to legislate and foster the structured life of the counsels. The authority of the Church interprets the evangelical counsels; guides and directs their practice by Law; approves stable forms; is concerned that institutes develop according to the spirit of the founder and sound tradition.

Can. 577 In the Church there are many institutes of consecrated life, with gifts that differ according to the graces given them: they more closely follow Christ praying, or Christ proclaiming the Kingdom of God, or Christ doing good to people, or Christ in dialogue with the people of this world, but always Christ doing the will of the Father.

Religious institutes in the Church reflect, in a variety of ways, the different facets of the life and mission of Christ. The notion of the diverse charisms of institutes, given in broad strokes, is based essentially on the Council (Cf. LG 46). However, the notion of Christ remaining with people in the world was added to the conciliar text to give clearer reference to the nature of the secular institutes. Each charism expresses a particularly nuanced way of following Christ in fulfillment of the Father’s will.

Can. 578 The whole patrimony of an institute must be faithfully preserved by all. This patrimony is comprised of the intentions of the founders, of all that the competent ecclesiastical authority has approved concerning the nature, purpose, spirit and character of the institute, and of its sound traditions

This canon relates to CST 1-4 of the Order.

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Patrimony is an important and frequently used word in the Code. It is descriptively defined in this canon. Elsewhere, it also relates to the temporal goods owned by an institute. In Perfectae Caritatis, #2, the council fathers call for the return of each institute to its spiritual patrimony, asking each Order to return to its roots. Here are the elements that characterize each institute’s patrimony:

1.) The general nature of the institute2.) The form of its apostolate3.) Spiritual orientation4.) Organizational structure

With regard to how an institute operates, its style of government, chapters and elections, superiors and their authority, it is important to recognize the principle of subsidiarity is operative.The charism of the founders seems to be a certain experience of the Spirit that they pass on to their disciples so that the latter may live in accordance with it and preserve, deepen and constantly intensify it as the body of Christ grows ceaselessly. Hence the Church cherishes and fosters the distinctive character of the different religious institutes.

Any authentic charism brings with it a certain elements of genuine newness for the spiritual life of the Church, as well as a special power of energetic activity, which may well seem out of place to those around and which can even be a source of difficulties since it is not easy to recognize immediately its origin in the Spirit. The Spirit has blessed the Church throughout its history with a wonderful variety of institutes of consecrated life. Each reflects a particular way of living Christ’s life in obedience to the Father’s will. All manifest the commandment of love and are branches of the one vine integrated into the life of the Church. Through the gifts given to the holy founders and foundresses of institutes, the members of those institutes continue Christ’s witness through fidelity to their proper charism.

The charism of the founder is an experience of the spirit transmitted to the founder’s followers to be lived, safeguarded, deepened and constantly developed by them in harmony with the Body of Christ, continually in the process of growth.

Can. 579 Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories.

New institutes commence informally at the grassroots level, on the level of the diocese. If things go well, they may be ore formally recognized as pious unions or associations. It might prove helpful to refer back to Canons 298-329 for further clarifications. As things evolve, the institute can be given the status of a diocesan institute.

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The erection of the new diocesan institute is to be made by a formal decree. The decree should be in writing, and a copy is to be kept in both the institute and the diocese.

Can. 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 other institute.

Affiliation can take place between two institutes – a bonding that results from a shared common spirit. It leaves intact the respective autonomy of each. Aggregation: 1st, 2nd, 3rd Orders.

Can. 581 It is for the competent authority of the institute to divide the institute into parts, by whatever name these may be called, to establish new parts, or to unite or otherwise modify those in existence, in accordance with the constitutions.

This canon relates to CST 69 and 81 of the Order, also the Statute on Foundations.

The Church’s common law leaves it to each institute to decide its internal structure.

REGIONS: This is a more general term for parts of an institute that are not distinct juridical persons and consequently are not provinces. The authority of the regional superior is delegated and not ordinary. Since his authority is delegated, not ordinary, the regional superior is not a major superior. The authority exercised by a regional superior is to be defined in the proper law of the institute.

Can. 582 Fusions and unions of institutes of consecrated life are reserved to the Apostolic See alone. To it are likewise reserved confederations or federations.

The fusion or union of different institutes needs the approval of Rome because of the magnitude of a merger, and because several bishops may be involved. A merger could be effected by the incorporation of an institute (its extinction, as such) into another institute. Or, institutes could merge in such a way that an entirely new institute emerges, with new Constitutions and new elections. It is a very complex procedure – legally, spiritually, psychologically and humanly. Federation is a looser reality, and each institute keeps its own identity and autonomy. This union is mostly spiritual in nature.

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Can. 583 Changes in institutes of consecrated life which affect elements previously approved by the Apostolic See, cannot be made without the permission of the same See.

This canon states the basic principle of competency with regard to any changes previously approved by Rome. Only the Holy See can authorize such changes. More details can be found in canon 587.

Can. 584 Only the Apostolic See can suppress an institute and dispose of its temporal goods.

As in mergers, so, too, the suppression of an institute is reserved to the Holy See. Suppression is the authoritative withdrawal of the character of a juridical person from an institute. Due regard must be made regarding the rights the individual members thereof. The Holy See determines in each suppression the status of the former members, by granting a dispensation from the vows or a transfer to another institute.

Can. 585 The competent authority of an institute can suppress parts of the same institute.

This canon relates to CST 67of the Order

The suppression of a part of an institute is within the competency of the institute’s internal authority.

Can. 586 §1 A true autonomy of life, especially of governance, is recognized for each institute. This autonomy means that each institute has its own discipline in the Church and can preserve whole and entire the patrimony described in can. 578.§2 Local Ordinaries have the responsibility of preserving and safeguarding this autonomy.

This canon relates to CST 77 of the Order

Institutes have different charisms and so possess the right to their own autonomy. This autonomy included the right of governance: reception of new members; formation programs; assignments; administration of temporalities. Insofar as relationships with bishops are concerned, the respective spheres of authority are set forth in Canons 593-594, and 678-683. The patrimony of an institute is to be respected by the local bishops.

Can. 587 §1 To protect more faithfully the vocation and identity of each institute, the fundamental code or

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constitutions of the institute are to contain, in addition to those elements which are to be preserved in accordance with can. 578, basic norms about the governance of the institute, the discipline of the members, the admission and formation of members, and the proper object of their sacred bonds.§2 This code is approved by the competent ecclesiastical authority, and can be changed only with the consent of the same.§3 In the constitutions, the spiritual and juridical elements are to be aptly harmonized. Norms, however, are not to be multiplied without necessity.§4 Other norms which are established by the competent authority of the institute are to be properly collected in other codes, but these can be conveniently reviewed and adapted according to the needs of time and place.

This canon relates to CST 1-4 of the Order

When the Code uses the word RULE in the singular it means the fundamental and immutable law given by the ancient founders and recognized by the Church. The ancient RULES are generally composed of spiritual principles. By means of its proper law, the institute adapts the Rule to its specific purpose, works and government.

The Code is highly respectful of the individuality of each institute. In legislating for institutes of Consecrated life, the canons refer to the proper law specific to each institute. The proper law of each institute is to be composed of two major elements: Constitutions and Statutes.

The Constitutions are the institute’s fundamental code. Contained therein is what Canon 578 requires – the patrimony; plus: governance/structure; discipline; incorporation and its consequences; formation; the scope of the vows. As noted in canon 583, once the Holy See approves the Constitutions, they cannot be altered without the consent of the Holy See.

In addition to the Constitutions, there is to be a book of Statutes or norms. While they make up part of the proper law of the institute, they deal with material of relatively lesser importance . The Statutes are nuances or refinements the Constitutions. When the Constitutions are first submitted for approval to the Holy See, they accompany the Constitutions, but they can be later changed or altered by the supreme authority of the institute.

Institutes and their members have the obligation of obeying the canons of the code applicable to them, and there is no need to repeat these norms in the proper law of the institute. They can be implicitly included in a phrase such as “in accord with universal law,” or “in accord with the norms of canon law,” However, it is advisable that some canons or major importance be known by the members

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and added as an appendix to the constitutions of the institute of consecrated life for ready reference.

In addition to having juridical texts, many institutes have formularies or books of prayer, spiritual exercises, traditions, and customs indigenous to the institute. While not legal texts, these books are revered in the institute and reflect its sound traditions.

Can. 588 §1 In itself, the state of consecrated life is neither clerical nor lay.§2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognized as such by ecclesiastical authority.§3 A lay institute is one which is recognized as such by ecclesiastical authority because, by its nature, character and purpose, its proper role, defined by its founder or by lawful tradition, does not include the exercise of sacred orders.

This canon relates to CST 6 of the Order

Institutes, in the Church’s present law, are not naturally clerical or lay. According to the current Code, institutes are clerical or lay by reason of the founder’s intention or traditional development.

1.) the moderators are clerics2.) the apostolate requires ordination3.) Church authority recognizes it as clerical

The Relationship of Institutes to Ecclesiastical Authority

The canons that treat of the relationship of institutes to the Church’s authority are more juridical in tone and tend to be less spiritual in tone than the preceding ones. The special position of institutes of consecrated life in the Church has already been noted in the earlier theological canons: by means of a new and special title, members are given over to the building up of the Church (canon 573, §1); they are associated with the Church and its mystery in a special way through charity (canon 573, §2); by their state, they pertain to the life and holiness of the Church (canon 574, §1); and they possess a special gift in and for the Church (canon 574, §2).

In more juridic terminology, the subsequent canons indicate the following: the authority having competency (canon 589), the special obedience due the Sovereign Pontiff (canon 590), the institute of exemption (canon 591), the necessity of periodic reports (canon 592), and the parameters of ecclesial authority (canons 593-594) with respect to the autonomy of the institutes (canon 586).

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Can. 589 An institute of consecrated life is of pontifical right if it has been established by the Apostolic See, or approved by it by means of a formal decree. An institute is of diocesan right if it has been established by the diocesan Bishop and has not obtained a decree of approval from the Apostolic See.

Formal approbation of an institute by the Holy See, or its creation by the Holy See, makes an institute “pontifical.” By the same token, formal approbation by the local diocesan bishop makes an institute “diocesan.” Many institutes start out as diocesan, and after a period of growth receive formal approval from the Holy See, thus becoming pontifical.

Can. 590 §1 Institutes of consecrated life, since they are dedicated in a special way to the service of God and of the whole Church, are in a particular manner subject to its supreme authority.§2 The individual members are bound to obey the Supreme Pontiff as their highest Superior, by reason also of their sacred bond of obedience.

This canon relates to CST 32 of the Order

Institutes of consecrated life are particularly subject to the supreme authority in the Church as public associations of distinctive rights and obligations in the Church, especially from their nature and purpose of striving for sanctity of life in an ecclesial manner and their dedication to the apostolate of the whole Church. This canon makes it clear that the Holy Father is the final word. Religious institutes are moral persons and they are obliged to harken, under obedience, to the will and voice of the pope. The obligation of obedience placed on the institute is intended to emphasize the ecclesial quality of the consecrated religious life style. The Roman Pontiff is considered an intern superior. He is the first and highest superior of every institute and of all its members. As an internal superior, he may command in virtue of the vow of obedience. The pope in fact governs institutes by his ecclesiastical power of government, which he exercises by the laws of canon law.

Can. 591 The better to ensure the welfare of institutes and the needs of the apostolate, the Supreme Pontiff, by virtue of his primacy in the universal Church, and with a view to the common good, can withdraw institutes of consecrated life from the governance of local Ordinaries and subject them to himself alone, or to some other ecclesiastical authority.

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The tenor of this canon follows that of 590. It incorporates what has been known, for a very long time, as “exemption.” However, this is the exemption that reflects the thinking and direction of Vatican II. Fundamentally, what is meant by exemption is that an institute is not subject to the jurisdiction of the local bishop. The reason for this exemption from the bishop’s governance is precisely in order that the common good of the universal church may more effectively be served (L.G. #45). This does not exempt the religious concerned from the respect and obedience owed bishops in accordance with universal law. Clearly, any friction between exempt religious and the local bishop should be minimum for the good of the universal church. There is an ample scope of matters in which no religious are exempt: sacramental administration, preaching, liturgy, and conduct of schools.

Can. 592 §1 To promote closer union between institutes and the Apostolic See, each supreme Moderator is to send a brief account of the state and life of the institute to the same Apostolic See, in the manner and at the time it lays down.§2 Moderators of each institute are to promote a knowledge of the documents issued by the Holy See that affect the members entrusted to them, and are to ensure that these documents are observed.

This canon relates to CST 84 of the Order

The organic inter-relationship between institutes and the officials of the Universal Church helps to remind us of the vine and branches on a more organizational, if not mystical, level. The Holy See is at the service of the institutes. The Sacred Congregation provides institutes with suggestions and guidelines and information, and it represents the Holy Father in many of its dealings. In order for the Holy See to provide help and guidance, it needs input from the institutes. For this reason, the General Curia periodically supplies reports on their actual situation, their apostolate, personnel and other relevant data to the Congregation. The Supreme Moderators are to communicate to the members of their institutes, documents from the Holy See that are of concern to them. Since ours is an age of fast information, there should be very few secrets kept from the general membership. This being said, there is always concern about necessary confidentiality.

Can. 593 In their internal governance and discipline, institutes of pontifical right are subject directly and exclusively to the authority of the Apostolic See, without prejudice to can. 586.

Pontifical institutes. As distinguished from diocesan, are subject to the immediate authority of the Holy See, in matters touching elements of internal discipline and

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management. This does not countenance the Congregation’s right to be a busybody or nitpicker. There is a legitimate autonomy (Can. 586) that must be respected and safeguarded. This canon prohibits the local bishop from attempting to exercise any authority in the internal affairs of a pontifical institute.

Can. 594 An institute of diocesan right remains under the special care of the diocesan Bishop, without prejudice to can. 586.

Although a diocesan institute has certain autonomy guaranteed by law, it remains under the direct authority of the diocesan bishop.

Can. 595 §1 It is the Bishop of the principal house who approves the constitutions, and confirms any changes lawfully introduced into them, except for those matters that the Apostolic See has taken in hand. He also deals with major affairs which exceed the power of the internal authority of the institute. If the institute had spread to other dioceses, he is in all these matters to consult with the other diocesan Bishops concerned.§2 The diocesan Bishop can grant a dispensation from the constitutions in particular cases.

Institutes of diocesan right relate with the local bishop in the same way pontifical institutes relate to the Holy See. The local bishop approves their constitutions and he may, in certain instances, grant dispensations there from. The local bishop handles their affairs that beyond the competency of the institute’s internal authority

Excuse: An excuse from the observance of a law means that the obligation simply ceases to exist for a subject of a law. The obligation of other laws generally ceases when an accidental but special difficulty, disproportionate to the observance of the law, is connected with the observance. In an excuse the obligation simply ceases to exist of itself.

Permission: Some laws do not forbid an act absolutely but only when it is done without permission of a competent superior. The permission makes the act licit and the law is observed. Permission does not remove any obligation neither does it free the individual from the observance of the law. Permission may be presumed, unless a particular law demands formal and express permission.

Dispensation: A dispensation is the liberation from the obligation of a law in as special case, granted by a competent authority for a proportionate reason. The act of the competent authority frees from the obligation. A sufficient reason is required for liceity when the legislator or his superior grants a dispensation.

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Can. 596 §1 Superiors and Chapters of institutes have that authority over the members which is defined in the universal law and in the constitutions.§2 In clerical religious institutes of pontifical right, Superiors have in addition the ecclesiastical power of governance, for both the external and the internal forum.§3 The provisions of cann. 131,133 and 137-144 apply to the authority mentioned in §1.

This canon relates to CST 33-34 of the Order

Institutes and their superiors possess the authority necessary for internal governance of their membership, as that power is spelled out in the Code and in the Constitutions (Cf. Canons 617-640). Constitutions should contain clear statements of the authority of moderators and chapters. Article Two states that moderators (Generals, Provincials, Abbots, etc.) have ecclesiastical powers of governance for the internal and external forums, in the instance of a clerical religious institute of pontifical right is concerned.

All authority comes ultimately from God. In institutes of consecrated life or societies of apostolic life, since the existence of the institute or society itself derives from two sources, the action of the founder, under the inspiration of the Holy Spirit, and the action of the Church in approving and giving canonical status to the institute, so too in a certain sense we can say that the authority comes both from the will of the members (in freely associating) and from the hierarchical Church. Through the ecclesiastical approval given to the institute the Pope becomes the Supreme Superior (canon 518) and the institute becomes subject to the relevant canonical norms. Moreover, the Church confers on the institute the authority to govern itself, within the limits defines by universal and proper law. Thus authority is, in the last resort, based on the authority conferred by Christ on the Church. On account of the auto-determination allowed, within limits, to General Chapters, we can also say that authority is, in part, derived from the group, through their representatives. This source however can never be regarded as autonomous with respect to the authority of the hierarchical Church. Since an institute has a public and ecclesial nature, it depends on the public authority of the Church. The members, even in their general chapter, cannot give, take away or limit the authority of Superiors, independently of and contrary to the decisions of the competent ecclesiastical authority, as expressed especially in Canon Law and in the proper law of the institute.

Can. 597 §1 Every catholic with a right intention and the qualities required by universal law and the institute’s own law, and who is without impediment, may be admitted to an institute of consecrated life.§2 No one may be admitted without suitable preparation.

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This canon relates to CST 46 of the Order

The only specific requirements for admission to the religious life, set forth in the canon are: right intention and immunity from canonical impediments. In addition to these are the qualifications required by the institute’s proper law (Cf. canons 641-645). So far as can be discerned: Does the individual have a vocation? “Vocation” is constituted of subjective elements, the personal qualifications one has, plus the objective element: decision by the competent ecclesiastical officials. Their acceptance can be considered as the formal or deciding ingredient in the affirmation of a vocation. “Suitable preparation” is also mentioned. This is part of the subjective suitability of the individual, to be evaluated in keeping with the norms of proper law and the qualities enumerated by universal law.

Can. 598 §1 Each institute, taking account of its own special character and purposes, is to define in its constitutions the manner in which the evangelical counsels of chastity, poverty and obedience are to be observed in its way of life.§2 All members must not only observe the evangelical counsels faithfully and fully, but also direct their lives according to the institute’s own law, and so strive for the perfection of their state.

This canon relates to CST 7-32 of the Order

Subsidiarity is the guiding norm, insofar as each institute is to define in its constitutions just how the evangelical counsels are to be lived out in keeping with the institute’s charism, patrimony and purpose. With the exception of certain specifications in the Code, the Church’s universal law is content simply to safeguard the essential principles of the counsels as lived in the consecrated life. That holds for poverty and obedience; the counsel of chastity is described in the next canon, and there isn’t any variation in how that counsel is lived within the religious life.

The goal of every member is to strive for sanctity of life, which consists principally in acts of the infused and supernatural virtue of charity. According to the author Royo Marin, “Charity is a theological virtue infused by God into the will by which we love God above all things for himself and ourselves and our neighbor for the love of God.” Sanctity of life evidently includes all virtues, but charity is the principal virtue, both in itself and as the motivating force for all the other virtues. This charity is not lived in an abstract manner but in the personal manner of loving and living united to Christ, It can therefore be said that a religious primarily professes charity and then professes chastity, poverty and obedience as means to achieving the fullness of charity.

Besides this fidelity to the religious vows renders singularly easy the exercise of the love of God by detaching the soul from the chief obstacles that

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stand in the way of divine charity. Poverty, by uprooting disordered love for wealth, sets the heart free to reach out to God and heavenly things. Chastity, by spurning the pleasures of the flesh even those the holy state of marriage would sanction, fosters an undivided love of God. Obedience, by fighting pride and the spirit of independence, subjects the will to God. This obedience is, in reality, a genuine act of love. But because the Evangelical Counsels remove the greatest impediments to the full dominion of charity over man’s life, namely the love of riches, the pleasures of the flesh, honors and independence, it follows that the observance of these opposing counsels of poverty, chastity and obedience makes striving for perfection easier, safer and more efficacious.

Each of the three counsels is given a brief gospel context as the foundation for its fundamental juridical obligation. When developing the expression of the counsels in constitutions, as called for in canon 598, it is helpful to return to the complete conciliar texts and the proven traditions of the institute as well as sound contemporary literature on the counsels. Through these fundamental norms, the members order their lives in striving for the perfection of charity according to the patrimony and traditions of the institute.

The Evangelical Counsels

Can. 599 The evangelical counsel of chastity embraced for the sake of the Kingdom of heaven is a sign of the world to come, and a source of greater fruitfulness in an undivided heart. It involves the obligation of perfect continence observed in celibacy.

This canon relates to CST 10 of the Order

The proper law of an institute may offer practical guidelines and fitting encouragement as to the role of consecrated chastity in the apostolate, and prudent means of safeguarding the gift.

The purpose of chastity is given as the exclusion of the divided heart in order that one may give his total love to God in Christ our Lord. In its object this chastity is twofold, of celibacy and perfect chastity. Celibacy, in its proper sense, is not to marry. Accordingly the obligation forbids marriage directly and in itself, so that contracting or attempting marriage is in itself and directly contrary to consecrated chastity. This obligation is also one of perfect chastity. Its object is that of the virtue, namely, it forbids everything already forbidden to the unmarried by the sixth and ninth commandments.

Unlike poverty and obedience, evangelical chastity admits of no degrees or gradations. General instructions on admission to institutes and policies of institutes of consecrated life help in determining candidates who can live a chaste, celibate lifestyle. Proper law encourages members in the values of prayer, self-discipline, health care, and supportive friendships as means of persevering in their commitment.

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Can. 600 The evangelical counsel of poverty in imitation of Christ, who for our sake was made poor when he was rich, entails a life that is poor in reality and in spirit, sober and industrious, and a stranger to earthly riches. It also involves dependence and limitation in the use and the disposition of goods; in accordance with each institute’s own law.

This canon relates to CST 27, 55 of the Order

“Poverty of spirit” is not enough to fulfill the vow of poverty. A strictness of lifestyle is called for, a simplicity that does not gild the lily or succumb to a species of TV consumerism. Neither is it enough to say to oneself, “I have my superior’s permission.” As important as that is, one should be discerning of what one asks for. Even superiors can be subjected to subtle intimidation and the desire to retain the friendship of one’s subject.

All Christians are called to poverty of spirit inspiring them to share their goods and resources with the less fortunate of the world. Those who assume the evangelical counsel of poverty imitate Christ and commit to a life that is poor in fact as well as in spirit. They are obliged to labor in accord with the nature and ends of the institute and in dependence on the institute. Both the universal and proper law of the institute regulate the limits, use, and disposition of their temporal goods.

Unlike the counsel of chastity, poverty admits of a wide variety of expressions in accord with the nature, spirit, and purpose of each institute. The effects and obligations of a vow of poverty made in a religious institute with common life can differ significantly from those assumed in a secular institute with a more individualized lifestyle. Likewise, the juridical effects of the vow of poverty made in a contemplative institute may differ from those of the vow of poverty made in an apostolic institute.

Can. 601 The evangelical counsel of obedience, undertaken in the spirit of faith and love in the following of Christ, who was obedient even unto death, obliges submission of one’s will to lawful Superiors, who act in the place of God when they give commands that are in accordance with each institute’s own constitutions.

This canon relates to CST 11 of the Order

The motive for evangelical obedience is the love of the will of God. This will is mediated through the commands of legitimate superiors. The notion of “team leadership” is not found in the Code. The superior may engage the subject in dialogue, but authority is not to be abrogated in the process. Authority and individual liberty go together in the fulfillment of God’s will.

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Christ’s obedience to the Father’s will even to his death on the cross is a central mystery of the Christian life and the motivating force for the sacred bond of obedience. Imitating Christ’s love of God’s will, members of institutes of consecrated life are to submit their wills in a spirit of faith and love to legitimate superiors who receive their authority from God through the ministry of the Church. In a spirit of service and concern for the members, superiors give commands in accord with the universal law and the proper law of the institutes. Thus, authority and obedience practiced in institutes of consecrated life reflect the Father’s love of Christ and Christ’s obedience to the Father.

Sharing a charism or gift of the Sprit, those in authority and other members of the institute are to seek God’s will in a spirit of peace, love unity, and concern for the good of the Church, the institute, and each member. However, this searching ceases with the decision of the superior, who is indispensable in every community.

The authority entrusted to the superior by the Church is not absolute. The superior must always respect the human dignity of the member, conform to universal and proper law, and exercise authority in a spirit of charity. The member should know when he is commanded by virtue of the vow or bond in a grave matter. In obeying the commands of superiors, members live in a spirit of faith and in imitation of Christ who always did the Father’s will. Their way of life testifies to the truth that there is no contradiction between obedience and freedom.

Pope Paul VI expressed it in these terms: “Consequently, authority and obedience are exercised in the service of the common good as two complementary aspects of the same participation in Christ’s offering. For those in authority, it is a matter of serving in their brothers the design of the Father’s love; while in accepting their directives, the religious follow our Master’s example and cooperate in the work of salvation. Thus, far from being in opposition to one another, authority and individual liberty go together in the fulfillment of God’s will, which is sought fraternally through a trustful dialogue between the superior and his brother, in the case of a personal situation or through a general agreement regarding what concerns the whole community” (ET, #25).

Can. 602 The fraternal life proper to each institute unites all the members into, as it were, a special family in Christ. It is to be so defined that for all it proves of mutual assistance to fulfill their vocation. The fraternal union of the members, rooted and based in charity, is to be an example of universal reconciliation in Christ.

This canon relates to CST 13-16 of the Order

The vita fraternal means, as the context suggests, more than merely life in a community. Sharon Holland expresses it quite nicely. “It is rather, the spirit of oneness, rooted in baptism, binding together even more closely in Christ, those

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who have been called to a common life of charism, life and mission.” The very nature of common life demands that all the members make it a means of developing their social qualities and of cooperating in making the community life socially satisfactory to all. Through mutual support the members carry out the purpose of the institute and manifest the reconciling power of grace that overcomes the divisive tendencies present in the human heart and in society.

Can. 603 §1 Besides institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful withdraw further from the world and devote their lives to the praise of God and the salvation of the world through the silence of solitude and through constant prayer and penance.§2 Hermits are recognized by law as dedicated to God in consecrated life if, in the hands of the diocesan Bishop, they publicly profess, by a vow or some other sacred bond, the three evangelical counsels, and then lead their particular form of life under the guidance of the diocesan Bishop.

This canon relates to CST 13.3a of the Order

The Code of 1917 made no mention of hermits. Members of institutes, who wish to seek greater solitude while remaining in their institutes, may do so, in keeping with the proper law of the institute. The Code envisions hermits as being under the authority of the diocesan bishop.

Can. 604 §1 The order of virgins is also to be added to these forms of consecrated life. Through their pledge to follow Christ more closely, virgins are consecrated to God, mystically espoused to Christ and dedicated to the service of the Church, when the diocesan Bishop consecrates them according to the approved liturgical rite.§2 Virgins can be associated together to fulfill their pledge more faithfully, and to assist each other to serve the Church in a way that befits their state.

Consecrated virgins must never have been married and never lived in open violation of chastity. Their life is one of consecration, prayer, penance and service. These women may form little groups, should that prove desirable. However, this is to be done with the approval of the local bishop.

Can. 605 The approval of new forms of consecrated life is reserved to the Apostolic See. Diocesan Bishops, however, are to endeavor to discern new

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gifts of consecrated life which the Holy Spirit entrusts to the Church. They are also to assist promotors to express their purposes in the best possible way, and to protect these purposes with suitable statutes, especially by the application of the general norms contained in this part of the Code.

This canon is an innovation of the Code of 1983. Its purpose is to maintain an openness to the workings of the Spirit in the Church. It recognizes the variety of forms that the consecrated life of the evangelical counsels may take. The canon simply says that the Church officials should be ready to open the door to hitherto unknown forms of consecrated life. The basic guidelines for such fresh formats are already present in the Code, in canons 573-606.

Can. 606 Provisions concerning institutes of consecrated life and their members are equally valid in law for both sexes, unless it is otherwise clear from the context or from the nature of things.

This norm reflects one of the principles directing the labors of the committee in revising the Code. The Code treats institutes of men and women equally, unless the contrary is clear from the context of the wording or from the nature of the matter. While the Code of 1917 contained the same norm, there is greater equality achieved in the present law. In general, distinction arises from the clerical or lay status of the individual members or of the institutes.

TITLE IIRELIGIOUS INSTITUTES

Title II consists of the canons that govern religious institutes. It specifies the principles and directions of the common norms while at the same time it offers specific legislation for religious institutes. It begins with an introductory canon that describes religious life followed by eight chapters, six of which apply directly to institutes while two refer to related areas. The six chapters that apply to institutes directly cover the erection and suppression of houses, the governance of institutes, the admission and formation of members, the apostolate of the institutes, and separation from the institute. The two short chapters that apply to related areas concern the raising of a religious to the episcopate and conferences of major superiors.

 Can. 607 §1 Religious life, as a consecration of the whole person, manifests in the Church the marvelous marriage established by God as a sign of the world to come. Religious thus consummate a full gift of themselves as a sacrifice offered to God, so that their

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whole existence becomes a continuous worship of God in charity.§2 A religious institute is a society in which, in accordance with their own law, the members pronounce public vows and live a fraternal life in common. The vows are either perpetual or temporary; if the latter, they are to be renewed when the time elapses.§3 The public witness which religious are to give to Christ and the Church involves that separation from the world that is proper to the character and purpose of each institute.

This canon relates to CST 7, 8, 29, 51, and 54 of the Order

With this canon, the Code commences a series of norms relating directly to specific legislation for religious institutes. Up to this point, the canons have been concerned with the general norms of the consecrated life.The common life is essential to all religious institutes. How it is lived out in any given institute is spelled out the proper law of the institute.

The notion of separation from the world is taken from L.G. #46, and the challenge layed before the institutes is to strike a balance between the essential ingredient and openness to those who are not members of the congregation. Separation is not so much a matter of physical apartness as it is an avoidance of worldliness.

This canon shows the theological and spiritual basis for the law: consecration; public vows; life in community; bearing witness to the kingdom. Notable is the reference to the separation from the world. Consecrated and sent forth on Christ’s mission, religious are intimately concerned for and involved in the world, yet separated from it by their public witness of the chaste, poor, and obedient Christ. It is precisely this witness that sets religious apart from worldly values and achievements that are often antithetical to Christian life and the nature and purpose of their institutes. Religious live a common life of prayer and mutual support in chaste celibacy, and dependence on the institute. They sacrifice personal goals for the goals of the institute in service to the Church. These values challenge the promiscuity, hedonism, and individualism often prevalent in society.

Can. 1192 §1 A vow is public if it is accepted in the name of the Church by a lawful Superior; otherwise, it is private.§2 It is solemn if it is recognized by the Church as such; otherwise, it is simple.

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§3 It is personal if it promises an action by the person making the vow; real, if it promises some thing; mixed, if it has both a personal and a real aspect.

This distinction between a public and private vow is not exact because of some secular institutes and some associations of the faithful take vows that are accepted by a legitimate superior, yet these are considered private vows. A more accurate distinction, modeled on the difference between solemn and simple vows, is this: A public vow is one that is accepted officially by the Church as such; otherwise it is private.

Can. 1191 §1 A vow is a deliberate and free promise made to God, concerning some good that is possible and better. The virtue of religion requires that it be fulfilled.§2 Unless they are prohibited by law, all who have an appropriate use of reason are capable of making a vow. §3 A vow made as a result of grave and unjust fear or of deceit is by virtue of the law itself invalid.

This canon is almost the same as canon 1307 of the Code of 1917 except for the addition of the fraud in paragraph three. Fraud and fear are not to be interpreted in exactly the same way as in the marriage canons (Cf. canons 1098 and 1103). For as regards a vow, the fear must still be unjustly induced, whereas for marriage, fear must merely be grave and come from outside the person. The fear must also be the cause of the vow and not merely the occasion of it.

A vow is a promise made to God, the fulfillment of which is a serious religious obligation. A promise implies more than a wish or a desire but rather is a firm decision to fulfill what is vowed. A vow must be made with sufficient deliberation, knowingly and with due discernment. The object of the vow must be something good, otherwise it is not a vow and has no effect. It must be something that the one vowing is capable of fulfilling, and it must be something better. The good that is vowed may be relatively better depending on the person and the circumstances.

Not only must the one vowing have the use of reason, but also it must be sufficient use of reason appropriate to the object of the vow. Capacity requires a sufficient use of reason. Sufficient, that is, in consideration of the object of the vow.

A vow must be freely made. Obstacles to freedom in this matter are grave and unjust fear or force. Force means a physical impulse from without that cannot be resisted. Such force cannot compel the interior assent of the will, but it can compel the external action of the individual, so that the person is said to act against his will. There being no true interior consent, a vow made under such conditions would be invalid. Fear means trepidation of mind because of an impending evil. In the present connection it is the result of either physical or

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moral violence, and that is why it is joined to force. It may be so extreme as to deprive a person of the use of reason, and in such a case vows would be considered invalid. Fear is grave when, in order to escape some serious harm that is perceived, a persons sees no alternative other than to take a vow. Fear is unjust if it is inspired by a threat that is not deserved.

Malice or fraud in the context of this canon is the deliberate act of lying or of concealing the truth in order to get another person to make a vow which he or she would not do if the truth were known, or in order for oneself to get permission to make a vow, which would not be permitted if the truth were known.

Also invalid is a vow made out of ignorance or error concerning an element which constitutes the substance of the vow or which amounts to a condition sine qua non. Ignorance is lack of knowledge; error is mistaken judgment. Ignorance or error invalidates a vow if the person vowing lacked knowledge of, or erred in judgment about something that is of the substance of the vow.

Chapter I: RELIGIOUS HOUSES AND THEIR ESTABLISHMENT AND SUPPRESSION

 Can. 608 A religious community is to live in a lawfully constituted house, under the authority of a Superior designated according to the norms of law. Each house is to have at least an oratory, in which the Eucharist is celebrated and reserved, so that it may truly be the centre of the community. This canon relates to CST 5, 6, and 33 of the Order, also the Statute on Foundations

A “house” is a juridic person (Cf. canon 115, above). Proper authority establishes a house. Proper law defines a house. It determines what constitutes a house, the number of persons to be considered a house, the various types of houses, the rights of the members, etc.

An oratory is necessary, and the Eucharist is to be reserved and celebrated.

Can. 609 §1 A house of a religious institute is established, with the prior written consent of the diocesan Bishop, by the authority competent according to the constitutions. §2 For the establishment of a monastery of cloistered nuns, the permission of the Apostolic See is also required. This canon relates to CST 5 of the Order

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Even if an institute is exempt, it is necessary to have the consent of the local bishop to establish a house in his diocese. This consent needs to be expressed in writing. This letter of consent is kept in the files of the house along with the letter of establishment from the proper authority of the institute.

To erect a monastery of nuns, permission of the Holy See is required, as well as the consent of the local bishop. It would be politically appropriate to inform the proper pastor of the parish in whose boundaries the religious house is to be erected.

Can. 610 §1 In establishing religious houses, the welfare of the Church and of the institute are to be kept in mind, and care must be taken to safeguard everything that is necessary for the members to lead their religious life in accordance with the purposes and spirit proper to the institute.§2 No house is to be established unless it is prudently foreseen that the needs of the members can be suitably provided for.

This canon relates to CST 3.1 and 5 of the Order

A house must serve some purpose in the Church. It must also be adequately suited to living the life proper to the institute. The local bishop determines if the house will be useful for the People of God in his diocese. The institute determines if the residence will provide the proper milieu for the members to follow their proper vocation.

The economic and spiritual needs of the members must be reasonably assured when an institute plans to erect a new house.

 Can. 611 The consent of the diocesan Bishop for the establishment of a religious house carries with it the right: 1° to lead a life according to the character and purposes proper to the institute;2° to engage in the works that are proper to the institute, in accordance with the law, and subject to any conditions attached to the consent;3° for clerical religious institutes to have a church, subject to the provisions of can. 1215 §3, and to conduct the sacred ministries, with due observance of the law.

This canon relates to CST 1 and 32 of the Order

The text of canon 1215 is quoted here for your ease in study.

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Can. 1215 §1 No church is to be built without the express and written consent of the diocesan Bishop.§2 The diocesan Bishop is not to give his consent until he has consulted the council of priests and the rectors of neighboring churches, and then decides that the new church can serve the good of souls and that the necessary means will be available to build the church and to provide for divine worship.§3 Even though they have received the diocesan Bishop’s consent to establish a new house in a diocese or city, religious institutes must obtain the same Bishop’s permission before they may build a church in a specific and determined place.

 Each institute has its proper charism. Members have the right to engage in works proper to their institute in accord with canon law and the proper law of the institute. All relevant elements, on both sides (that of the diocese and that of the institute) ought to be clearly spelled out clearly before anything is put into writing. The agreement should be in writing and clearly understood to be contractual in nature. It is important that the consent of the bishop be most clear regarding any conditions or limitations placed on the works proper to the institute.

Can. 612 The consent of the diocesan Bishop is required if a religious house is to be used for apostolic works other than those for which it was established. This permission is not required for a change that, while observing the laws of the foundation, concerns only internal governance and discipline.

There is a dynamic tension between the authority of the local bishop in regards apostolic work done in his diocese and the independence of a religious institute regarding its internal discipline.

 Can. 613 §1 A religious house of canons regular or of monks under the governance and care of their own Moderator is autonomous, unless the constitutions decree otherwise. §2 The Moderator of an autonomous house is by law a major Superior. This canon relates to CST 34 of the Order

Monks live in autonomous houses, unless the constitutions of the institute declare otherwise. An abbot has no higher superior, except the person of the Holy Father and the General Chapter. The abbot is a major superior according to the norms of Canon Law (Cf. Canons 620 and 134). In autonomous clerical

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houses of pontifical right, the moderator is an ordinary. This problem becomes interesting when considering the status in law of a superior ad Nutum in an autonomous house.

Can. 614 Monasteries of cloistered nuns that are associated with an institute of men, have their own rule of life and governance, in accordance with the constitutions. The mutual rights and obligations are to be defined in such a way that spiritual good may come from the association. 

The new code does not define “nuns”. However, a definition is found in the code of 1917 and this definition is still used whenever the code of 1983 uses the word.

Canon 488. 7 (Code of 1917) Religious are persons who have taken vows in an institute; religious with simple vows, those who have taken vows in a religious congregation; regulars, those who have taken vows in an order; sisters are religious women with simple vows; nuns, religious women with solemn vows; unless the contrary be certain from the nature of the case or from the context, the term nuns applies likewise to those religious women whose vows by reason of their institute are solemn, but which, by order of the Apostolic See, are only simple in certain countries.

Canon 614 has only limited application to the nuns in O.C.S.O. because of the unique inter-relationship of the two branches of our Order. In our Order governance is of joint responsibility. The spiritual or moral dimension of this canon is, however, applicable because of the areas of mutual exchange: patrimony, charism, spiritual masters, chaplains, etc. We are thought to be the only Order in the Church that is one in relation to the male and female branches.

Can. 615 If an autonomous monastery has no major Superior other than its own Moderator, and is not associated with any institute of religious in such a way that the Superior of that institute has over the monastery a real authority determined by the constitutions, it is entrusted, in accordance with the norms of law, to the special vigilance of the diocesan Bishop.

This concerns a fully autonomous monastery of pontifical right, with no other superior except its own moderator. Such a house enjoys the special vigilance of the diocesan bishop, pursuant to the norms of law, universal and proper. It may

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be that the bishop presides at the election of the superior (Canon 625); makes the regular visitation (Canon 628); and receives the annual financial report.

 Can. 616 §1 After consultation with the diocesan Bishop, a supreme Moderator can suppress a lawfully established religious house, in accordance with the constitutions. The institute’s own law is to make provision for the disposal of the goods of the suppressed house, with due regard for the wishes of founders or benefactors and for lawfully acquired rights. §2 The Holy See alone can suppress the sole house of an institute, in which case it is also reserved to the Holy See to prescribe concerning the property of the house.§3 Unless the constitutions enact otherwise, the suppression of the autonomous houses mentioned in can. 613 belongs to the general chapter.§4 The suppression of an autonomous monastery of cloistered nuns pertains to the Apostolic See; the provisions of the constitutions are to be observed concerning the property of the monastery.

This canon relates to CST 67 of the Order 

A principle to keep in mind: the authority to suppress a house belongs to the same authority competent to erect a house: the supreme moderator of the institute, in keeping with the provisions of the constitutions, and in consultation with the diocesan bishop. The institute’s proper law determines how the goods of the suppressed house are to be disposed of.

If the institute has but one house, then its suppression is reserved to the Holy See. Rome also decides for the distribution of the property and for the suitable care of the members of the house.

Chapter II: THE GOVERNANCE OF INSTITUTES[Canons 617-640]

Governance in a religious institute occurs through three coalescing instrumentalities: persons, bodies and laws. Individuals with personal authority govern the institute in accord with the norm of law. Bodies may be collegial or non-collegial, e.g., chapters, councils, and other lawfully designated groups. Laws may be universal, particular for a region of diocese, or proper to the institute. Governance in every religious institute incorporates these three elements with variations reflecting its spirit and character. The canons of this chapter on governance, and in fact the entire part three of Book II of the code, emphasize the importance of the institute’s own law. The proper law applies the

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Church’s general law to a particular institute, expressing its charism, its spirit, and the intent of the founder.

In important element of the Code is the notion of Subsidiarity. This means that what can be done effectively at a lower level of authority ought not to be reserved to a higher authority. This means superiors at every level should be given appropriate powers so as to exclude unnecessary or too frequent recourse to higher authority. However, in hierarchically organized institutes there must be proper coordination so as to efficaciously preserve the necessary unity of the institute.

Article 1 on superiors and councils is composed of fourteen canons with the majority being devoted to the ministry, authority, selection, and removal of superiors at all levels from the supreme moderator to the local superior. Although the role of the superior is given more specific attention, the important and complementary role of both councils and members of institutes balances the section.

Article 2 contains the norms for general chapters and chapters of limited jurisdiction such as provincial chapters. It also provides for other organs of participation and consultation. The fundamental responsibilities of a general chapter ate outlined as well as norms for its composition. Because of the unique nature of each institute, the details for chapters and other organs of participation and consultation are left to the proper law of the institute.

Article 3 on temporal goods and their administration describes what parts of a religious institute are capable of exercising power over temporal goods; defines the goods of the institute as ecclesiastical goods; provides for the acquisition, use, and disposition of goods, the making of contracts, and the contracting of debt. It concludes with an exhortation regarding the use of temporal goods.

 Article 1: Superiors and Councils

 Can. 617 Superiors are to fulfill their office and exercise their authority in accordance with the norms of the universal law and of their own law. This canon relates to CST 34 of the Order

This canon offers a general norm that provides superiors with information concerning the source of their authority and of the office. It is fairly obvious, to find out what is the legal tenor of their power of service is to turn to the universal law and to the proper law of their own institute. A superior in the proper sense of the term is one who governs at least a canonically erected house. He possesses ordinary authority, which is that given by universal and proper law, and not merely by the act of another.

Can. 618 The authority that Superiors receive from God through the ministry of the Church is to be

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exercised by them in a spirit of service. In fulfilling their office they are to be docile to the will of God, and are to govern those subject to them as children of God. By their reverence for the human person, they are to promote voluntary obedience. They are to listen willingly to their subjects and foster their cooperation for the good of the institute and the Church, without prejudice however to their authority to decide and to command what is to be done. This canon relates to CST 33 and 82 of the Order

Canon 618 gives a biblical, theological, spiritual and humanitarian undergirding for the exercise of the ministry of a superior’s service in the Church and in the institute. The canon could be a paraphrasing of parts of the Holy Rule that set forth the role of the abbot and in what spirit he is to govern the brethren of his community. All authority is from on high, ‘coming down from the Father of lights.’ Ecclesial power is always intended for the building up of the Body of Christ. The right and duty of the superior not to abdicate or ‘sell short’ his authority is stressed: ‘to decide and prescribe what must be done.’ This holding of office is a personal power. It belongs to the office and so to the one holding the office legitimately, according to the norms of Law. While the superior alone holds the power of office, he is to consider the importance of participation and collaboration of the members subject to that power.

Can. 619 Superiors are to devote themselves to their office with diligence. Together with the members entrusted to them, they are to strive to build in Christ a fraternal community, in which God is sought and loved above all. They are therefore frequently to nourish their members with the food of God’s word and lead them to the celebration of the liturgy. They are to be an example to the members in cultivating virtue and in observing the laws and traditions proper to the institute. They are to give the members opportune assistance in their personal needs. They are to be solicitous in caring for and visiting the sick; they are to chide the restless, console the fainthearted and be patient with all.

 This canon relates to CST 33 and 82 of the Order

The canon presents a deeply spiritual and demanding program of action for a religious superior. Here we are given a pastoral picture of governance. It would be good to read paragraph 6 of Perfectae Caritatis. However, this canon is also juridical in that it states the Church’s understanding of the role of the superior.

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The superior is designated as having a specific role of leadership in building up the community.

The canon concludes by naming certain especially needy members for whom the superior should have particular solicitude: the sick, the restless, the faint hearted. This canon echoes the call of the prior canon for the superior to exercise power in the spirit of service. It challenges superiors no only to see to it that these members have the care they need, but even to minister personally to them when possible.

Can. 620 Major Superiors are those who govern an entire institute, or a province or a part equivalent to a province, or an autonomous house; the vicars of the above are also major Superiors. To these are added the Abbot Primate and the Superior of a monastic congregation, though these do not have all the authority which the universal law gives to major Superiors.

This canon relates to CST 34 and 82 of the Order

This canon is a complete list of the officials the Code identifies as “major superiors.” In clerical religious institutes of pontifical right, major superiors are also ordinaries who, in virtue of this ecclesiastical power of governance, exercise certain additional powers regarding their own members, e.g., granting dimissorial letters, faculties, and dispensations, giving blessings, and imposing or remitting penalties. The proper law of each institute should identify clearly the respective roles of the supreme moderator and other major superiors in the institute.

 Can. 621 A province is a union of several houses which, under one superior, constitutes an immediate part of the same institute, and is canonically established by lawful authority.

“Provinces” are familiar canonical realities. A provincial governs them. They are the primary organizational unit. They are set up by the authority of the institute (in the code of 1917, they were set up by the Holy See.) Proper law sets forth the specific details: geography, superiors below provincials, etc. 

Can. 622 The supreme Moderator has authority over all provinces, houses and members of the institute, to be exercised in accordance with the institute’s own law. Other Superiors have authority within the limits of their office. This canon relates to CST 82 of the Order

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This canon is a good example of legislation for institutes with centralized administration. It does not apply, as such, to monastic institutes whose houses are more or less autonomous, and which do not have a provincial organization. The Code leaves to the proper law of the institutes most determinations as to the extent of the authority of the Abbot Primate or Abbot General or whatever title is given to the one recognized as somehow the center of unity in an institute and, in all likelihood, somehow a delegate of the highest authority of institutes: general chapters.

Can. 623 To be validly appointed or elected to the office of Superior, members must have been perpetually or definitively professed for an appropriate period of time, to be determined by their own law or, for major Superiors, by the constitutions. This canon relates to CST 39.3 of the Order

To be elected a superior, one must be definitively committed to an institute by some sort of juridical bonds or vows. One must be professed for a suitable period of time. It is left to proper law to legislate as to the number of years in perpetual vows. Proper law may also provide a minimum age requirement. It is understood that one should be seasoned in the spirit and charism of the institute in order to take a role of leadership. “Appropriate period of time” effects the validity of the election. If necessary, a dispensation should be sought. Postulation may also be required in some circumstances. This must be stipulated in the proper law of the institute.

Can. 624 §1 Superiors are to be constituted for a certain and appropriate period of time, according to the nature and needs of the institute unless the constitutions establish otherwise for the supreme Moderator and for Superiors of an autonomous house.§2 An institute’s own law is to make suitable provisions so that Superiors constituted for a defined time do not continue in offices of governance for too long a period of time without an interval.§3 During their period in office, however, Superiors may be removed or transferred to another office, for reasons prescribed in the institute’s own law.

This canon relates to CST 39.4 of the Order 

The Code prefers that superiors be in office for a specified period of time. Out of deference to ancient traditions, the superior may hold office “ad vitam”. Our

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Order has changed the time frame of a superior’s tenure of office: either 6 years, or “Indefinite – until retirement age”.

The Code specifies that when a superior is elected for a specified term, there is to be a limit as to the number of times he or she may be reelected consecutively. Some turnover is the norm. The limitation is to be spelled out in the proper law of the Institute.

Proper Law should provide for the removal of a superior from office, if it is judged necessary according to circumstances. Causes for removal could include: bad health, serious incompetence, scandal, bypassing requirements of law, etc. Procedures for removal ought to be equitable to those concerned. Coercive removal, as by the sentence of a tribunal, is seen as being extremely rare. Resignation from office (more or less voluntary) is seen as the ordinary procedure to relieve one of an office.

Can. 625 The supreme Moderator of the institute is to be designated by canonical election, in accordance with the constitutions.§2 The Bishop of the principal house of the institute presides at the election of the Superior of the autonomous monastery mentioned in can. 615, and at the election of the supreme Moderator of an institute of diocesan right.§3 Other Superiors are to be constituted in accordance with the constitutions, but in such a way that if they are elected, they require the confirmation of the competent major Superior; if the Superior appoints them, the appointment is to be preceded by suitable consultation. This canon relates to CST 82.2 of the Order 

The general norms for an election are found in canons 164-169. The norms of proper law are to be observed. The general chapter of the institute generally elects the supreme moderator.

Other superiors need confirmation by a competent major superior after being canonically elected. If an appointment is in issue, there must be a precedent consultation. Details on the mode of confirmation and consultation should be recorded in the proper law of the institute.

Can. 626 Superiors in conferring offices, and members in electing to office, are to observe the norms of the universal law and the institute’s own law, avoiding any abuse or preference of persons. They are to have nothing but God and the good of the institute before their eyes, and appoint or elect those whom, in the Lord, they know to be worthy and fitting.

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In elections, besides, they are to avoid directly or indirectly lobbying for votes, either for themselves or for others.

Elections in religious institutes demand high motivation. Authority within the Church is to be seen as sharing in the authority of Christ the head. Prayer, reflection and perhaps some dialogue should precede an election. All members of an institute, whether electors or not, are forbidden to seek votes to elect a particular person, or one rather than another, or to exclude anyone from being elected by the chapter. However, this does not exclude forms of discussion centered on suitability and qualification for the office.

 Can. 627 §1 Superiors are to have their own council, in accordance with the constitutions, and they must make use of it in the exercise of their office. §2 Apart from the cases prescribed in the universal law, an institute’s own law is to determine the cases in which the validity of an act depends upon consent or advice being sought in accordance with can. 127.

This canon relates to CST 38 and 84 of the Order  

As the Rule of St. Benedict, common sense and the Code make clear, persons entrusted with authority over others, in offices of service, need to have reliable counselors to whom they can turn for advice in the decision making process. This allows for participation in governance and serves as a check to the undue exercise of personal autonomy on the part of superiors. The makeup of various councils is to be determined by proper law.

§2 of the canon reflects a rather technical and complex functioning in the use of councils. The basic distinction lies in the use of the words “consent” and “advice.” Universal law or proper law may demand that a superior obtain the “consent” of his council before he can validly perform some act. This consent is to be gotten by means of a deliberative vote. Or, the law may require that the superior obtain the “advice” of his council before acting. This advice is gotten seeking the members counsel by means of a consultative vote). Where “consent” is required, the superior cannot act contrary to the vote of his council, although he need not perform the act to which they have consented. The superior acts invalidly when he acts without or contrary to the majority vote in any matter for which the deliberative vote is required. Where “advice” is required, then, although he must seek advice, the code does not oblige the superior to follow the consultative vote of his council. This canon calls for a careful correlation with terms found in canon 127.

If the law only requires the superior to seek the advice of council it is sufficient to seek the advice, the superior is not legally bound to follow it, even if it be unanimous. However, the superior should weigh the advice carefully. Seeking

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the advice is not meant to be a mere formality but as a means of arriving at good and prudent decisions in the case under consideration.

Can. 628 §1 Superiors who are designated for this office by the institute’s own law are at stated times to visit the houses and the members entrusted to them, in accordance with the norms of the same law.§2 The diocesan Bishop has the right and the duty to visit the following, even in respect of religious discipline:1° the autonomous monasteries mentioned in can. 615; 2° the individual houses of an institute of diocesan right situated in his territory.§3 The members are to act with confidence towards the visitator, to whom when lawfully questioning they are bound to reply truthfully and with charity. It is not lawful for anyone in any way to divert the members from this obligation or otherwise to hinder the scope of the visitation.

This canon relates to CST 75 and 82.1 of the Order, as well as the Statute on Regular Visitation

Visitation is a very ancient tradition within religious communities. It serves as a safeguard for the patrimony of an institute by maintaining vigilance against serious deviations from the charism of the institute and by conveying a wholesome sense of continuity among members and their sharing in a unified vision. It provides a useful forum for ongoing dialogue. The primary purpose of a visitation is to investigate and promote proper religious living and to correct deficiencies. The details of the process are to be contained in the proper law of the institute.

Can. 629 Superiors are to reside each in his or her own house, and they are not to leave it except in accordance with the institute’s own law. 

Commendatory abbots would be a good example of a practice in contradiction to this canon. The Church has experienced over the centuries, the baleful consequences of having an absentee superior. The requirement of residency permits, of course, absences for legitimate reasons, but the pastoral demands of his office envisage his being as fully available to the community as possible.

Can. 630 §1 While safeguarding the discipline of the institute, Superiors are to acknowledge the freedom

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due to the members concerning the sacrament of penance and the direction of conscience. §2 Superiors are to take care, in accordance with the institute’s own law, that the members have suitable confessors available, to whom they may confess frequently. §3 In monasteries of cloistered nuns, in houses of formation, and in large lay communities, there are to be ordinary confessors, approved by the local Ordinary after consultation with the community. There is however, no obligation to approach these confessors. §4 Superiors are not to hear the confessions of their subjects unless the members spontaneously request them to do so. §5 The members are to approach their superiors with trust and be able to open their minds freely and spontaneously to them. Superiors, however, are forbidden in any way to induce the members to make a manifestation of conscience to themselves.

This canon relates to CST 15.2 and 33.3B of the Order 

This canon strikes a balance between freedom of religious to choose a confessor, and the Church’s expectation that religious value the sacrament of reconciliation both in theory and in practice (Cf. Perfectae Caritatis #14). A good solid relationship between one’s confessor and spiritual director is essential for advancement in one’s life in Christ. An institute may set up its own norms concerning the use of the sacrament of reconciliation, so long as they don’t contravene universal law or impinge on the freedom of conscience of the members.

 Article 2: Chapters

 Can. 631 §1 In an institute the general chapter has supreme authority in accordance with the constitutions. It is to be composed in such a way that it represents the whole institute and becomes a true sign of its unity in charity. Its principal functions are to protect the patrimony of the institute mentioned in can. 578 and to foster appropriate renewal in accord with that patrimony. It also elects the supreme Moderator, deals with matters of greater importance, and issues norms which all are bound to obey.

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§2 The composition of the general chapter and the limits of its powers are to be defined in the constitutions. The institute’s own law is to determine in further detail the order to be observed in the celebration of the chapter, especially regarding elections and the matters to be treated.§3 According to the norms determined in the institute’s own law, not only provinces and local communities, but also any individual member may freely submit their wishes and suggestions to the general chapter. This canon relates to CST 77-79 of the Order 

Canon 631 offers a descriptive definition of the general chapter of an institute. It is the supreme authority within the institute. It is to be representative of the entire institute, serving as a sign of the unity of the institute. It is charged with responsibilities touching all the chief areas of the life of the institute and its members. It is both legislative and pastoral in nature. It is collegial in its make-up and functioning.

The extent of the general chapter’s authority may vary somewhat from institute to institute. However, this canon delineates five areas of responsibility pertaining to every general chapter, responsibilities which may neither be ignored not delegated to some other authority.

A chapter, as such, is a collegial body and when it acts collegially decisions are taken by majority vote, as determined by proper law or universal law (canon 119). Sometimes the proper law of the institute may require a qualified majority e.g. 2/3 for the election of the Supreme Moderator or for the change of Constitutions. In a Chapter the members have the right to propose matters that come within the competence of the Chapter, and have them discussed. Moreover, where the Chapter has the right to make decisions (and this holds especially of the General Chapter) the respective Superior is subject to the Chapter whose decisions, within the sphere of competency of the Chapter, he is bound to implement. If, however, a Chapter has merely to give its advice or consent for the constitutional acts to be taken by the superior, then the norms of proper law are to act as guide.

Can. 632 The institute’s own law is to determine in greater detail matters concerning other chapters and other similar assemblies of the institute, that is, concerning their nature, authority, composition, procedure and time of celebration.

This canon relates to CST 37 and 80 of the Order  

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Proper law, and not the Code govern meetings other than the general chapter. It is important that legislation of the institute clarify the competent levels of authority; a equitable method for representation; a sensible modus procedendi that avoids excessive attention to minute details and that sets up a method for reporting acts of the meetings to the local communities.

This brief and quite general canon allows each institute great latitude in determining the nature, authority, frequency, and composition of these other chapters. Because they often deal with more regional matters and are often celebrated closer to local communities, they can energize a region or province, generating an enthusiasm and commitment that general chapters, because they are often at a distance, do not. Each institute must seek ways of gathering the membership in keeping with its own nature, spirit and tradition.

Can. 633 §1 Participatory and consultative bodies are faithfully to carry out the task entrusted to them, in accordance with the universal law and the institute’s own law. In their own way they are to express the care and participation of all the members for the good of the whole institute or community.§2 In establishing and utilizing these means of participation and consultation, a wise discernment is to be observed, and the way in which they operate is to be in conformity with the character and purpose of the institute.

This canon relates to CST 36, 37, 81 and 84 of the Order  

By participatory and consultative bodies is meant chapters of whatever level. They are expected to act as needed and in accordance with the norms of both universal and proper law. It is the institute’s proper law that determines how these bodies function. Remember, the Code only covers general chapters. The code understands these other bodies to be representative in nature and this must be duly implemented in their form and deliberation.

While creative innovation is welcome in the effort to derive structures that will be widely participative, a goodly measure of discretion is called for. The charism and patrimony of the institute must be defended at all times. These organs of participation should be congruent with the character of the institute and operate in accord with the universal law and the institute’s proper law. They operate under the authority of the competent superior, in whom resides the responsibility to decide and take action after having considered all the input.

 Article 3: Temporal Goods and their Administration

[Canons 634-640]

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The seven canons in this article specify and apply to religious institutes the general law of the Church found in Book V of the Code. The norms in Book V generally apply to religious institutes but there are some exceptions. These two sections of the law must be read carefully. Wherever they differ, the norms for religious supersede those in the general law and, as in other situations, the proper law of the institute takes precedence over the common law.

The Church owns temporal goods, referred to as ‘ecclesiastical goods,’ in order to further its mission. The code does not define temporal goods, but in keeping with the canonical legal tradition they are understood to include both material resources such as real property, whether moveable or immovable, and tangible or incorporeal things such as legal rights and obligations, titles, offices, annuities, as well as the more common cash, stocks, and bonds. The oversight and administration of these temporal goods is one dimension of governance in a religious institute. In carrying out their responsibilities, superiors and others sharing in the governance of religious institutes need to be knowledgeable of the universal law of the Church regarding temporal goods, the proper law of their institute and any applicable civil law. The proper law of the institute plays an important role in determining how each particular institute witnesses to evangelical poverty, uses temporal goods, and administers its assets.

The following canons deal only with those temporal goods belonging to the religious institute or another public juridic person, such as a province. They do not apply to goods or property belonging to an individual religious, which is dealt with in canon 668.

Sometimes for safeguarding the temporal goods belonging to the institute, where the State does not recognize the ecclesial juridic person, it may be necessary to adopt some civil for (e.g. civil corporation). It must be remembered in such cases by those acting for the civil corporation that the decisions should be taken by the competent religious authority and that the civil corporation should carry out what has been properly decided by the religious authority. Where feasible, it may be desirable to have the same persons on the board of the ecclesiastical juridic person and the civil corporation, but separate minute books should be kept.

[In you are interested in making an extensive study of the questing of temporal goods and their proper administration, it will be necessary to consult canons 1254-1310 – found in Appendix 1 – dealing with temporal goods, and canons 113-123 dealing with juridic persons – listed above.]  

Can. 634 §1 Since they are by virtue of the law juridical persons, institutes, provinces and houses have the capacity to acquire, possess, administer and alienate temporal goods, unless this capacity is excluded or limited in the constitutions.§2 They are, however, to avoid all appearance of luxury, excessive gain and the accumulation of goods.

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This canon relates to CST 27 and 41, as well as the Statute on Temporal Administration of the Order 

Religious are not angels nor are they disembodied spirits. Religious have to possess, use, administer, alienate, give away, etc. material or temporal goods. In the U.S., civil law does not recognize Church moral persons, as such. This is the reason for institutes being incorporated in accordance with civil law.

The religious lifestyle is to be consistent with the vow of poverty that was professed by its members.

Can. 635 §1 Since the temporal goods of religious institutes are ecclesiastical goods, they are governed by the provisions of Book V on ‘The Temporal Goods of the Church’, unless there is express provision to the contrary. §2 Each institute, however, is to establish suitable norms for the use and administration of goods, so that the poverty proper to the institute may be fostered, defended and expressed.

This canon relates to CST 41 and 44 of the Order   

Even if the property is owned by an institute, the universal law of the Church regulates how it may be used.

Consistent with the norms of universal law, each institute is to establish proper legislation pertinent to the use and administration of temporal goods. The nature of the institute’s lived poverty is to be in keeping with the nature of each institute. It is a daunting challenge to generate laws that will be, at the same time, prudent in the management of temporal goods and respectful of the heritage of religious poverty in the patrimony of the institute.

Can. 636 §1 In each institute, and in each province ruled by a major Superior, there is to be a financial administrator, distinct from the major Superior and constituted in accordance with the institute’s own law. The financial administrator is to administer the goods under the direction of the respective Superior. Even in local communities a financial administrator, distinct from the local Superior, is in so far as possible to be constituted.§2 At the time and in the manner determined in the institute’s own law the financial administrator and others with financial responsibilities are to render an account of their administration to the competent authority.

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This canon relates to CST 43 of the Order   

Fiscal control and accountability were not found in the Code of 1917. The officials charged with this function may be called: treasurers, accountants, bursars, etc. It seems reasonable that the financial officer know how to operate a computer. Owing to the immense complexity of the money world, this post could easily be a full-time responsibility. The financial officer should be distinct from the individual who does the purchasing, manages the physical plant or runs the industry. The financial officer should not be the superior. Proper law should specify the range of his duties and the authority he possesses.

Periodic accounts are to be submitted to the superior and the community. This should be clarified in the proper law of the institute. The general norm of frequency of reports by ecclesiastical administrators is once a year (Cf. canon 1284). It has been practically universal norm in constitutions approved by the Holy See, at least those of lay institutes, that the accounts of the general and provincial treasurers are examined every six months and those of a local treasurer monthly by the respective superiors and their councils.

Can. 637 Once a year, the autonomous monasteries mentioned in can. 615 are to render an account of their administration to the local Ordinary. The local Ordinary also has the right to be informed about the financial affairs of a religious house of diocesan right.

The house in question and the bishop involved should have an agreement as to the style of the accounting and the content of the report.

 Can. 638 §1 It is for an institute’s own law, within the limits of the universal law, to define the acts which exceed the purpose and the manner of ordinary administration, and to establish what is needed for the validity of an act of extraordinary administration.§2 Besides Superiors, other officials designated for this task in the institute’s own law may, within the limits of their office, validly make payments and perform juridical acts of ordinary administration.§3 For the validity of alienation, and of any transaction by which the patrimonial condition of the juridical person could be adversely affected there is required the written permission of the competent Superior, given with the consent of his or her council. Moreover, the permission of the Holy See is required if the transaction involves a sum exceeding that which the Holy See has determined for each region, or if it concerns things donated to the Church as a result of

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a vow, or objects which are precious by reason of their artistic or historical value.§4 For the autonomous monasteries mentioned in can. 615, and for institutes of diocesan right, the written consent of the diocesan Bishop is necessary.

This canon relates to CST 3, 43 and 44 of the Order   

This canon is similar in content to Canon 1281, which can be found in the appendix.

The proper law of the institute determines the type of transaction and amount of money that constitute “extraordinary” administration in contrast to “ordinary” administration. These clarifications could vary according to the level of resources and the local needs of each institute. Investments of whatever kind would also be covered by this canon. It is proper that the members be aware of the financial status of the institute.

Examples of ordinary administration as conceived in the past were: the buying of things required for the daily necessities of the community; the depositing of money in the bank for facility in handling, for security, and to obtain some interest; the receipt of income such as tuitions, salaries, payment of debts, interest, rents, fees for patients in hospitals and other institutes; to make and receive gifts of lesser moment; and to make ordinary repairs and renovations.

Examples of extraordinary administration were: the acceptance or refusal, in the name of the juridical person, of an inheritance, a legacy, or a gift made with the formalities of civil law; the purchase of immovable property; the contracting of a loan of money that could burden or endanger the stable patrimony of the juridical person; making of extraordinary repairs and renovations; erecting a building; taking part in a lawsuit concerning temporal goods; investing of money or the changing of an investment; exchanging of stocks and bonds; alienation of property’ mortgaging of property, putting up property as security for a debt; extraordinary gifts and expenses; and extraordinary repairs and renovations.-

Others, in addition to the superior and financial officer who may be authorized to make expenditures and perform juridic acts, should be listed in proper law, together with a description of the extent of their powers.

“Alienation” means the transfer of title to real property or the transfer of invested funds that constitute “fixed capital”. The seriousness of alienation stems from the fact that it touches upon basic, stable types of property that may be essential or very important for the proper functioning of the institute and its apostolate. Alienation of other items as listed, or alienation beyond a fixed sum requires the permission of the Holy See.

Can. 639 §1 If a juridical person has contracted debts and obligations, even with the permission of the Superior, it is responsible for them.

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§2 If individual members have, with the permission of the Superior, entered into contracts concerning their own property, they are responsible. If, however, they have conducted business for the institute on the mandate of a Superior, the institute is responsible.§3 If a religious has entered into a contract without any permission of Superiors, the religious is responsible, not the juridical person.§4 However, an action can always be brought against a person who has gained from a contract entered into.§5 Superiors are to be careful not to allow debts to be contracted unless they are certain that normal income can service the interest on the debt, and by lawful amortization repay the capital over a period that is not unduly extended.

Those that contract obligations are responsible for the consequences.If a member of an institute enters into a contract concerning his personal

affairs, he is responsible for all the consequences incurred. If the member is acting as an agent of the institute, then the institute bears responsibility for the debt.

A member is personally responsible if he makes a contract for the institute but without the necessary authorization to do so. In such a case he, and not the institute, bears full responsibility. A problem can, and does, arise when a member is recognized by business people as an agent of the institute. Civil law may lay the responsibility for any contracts entered into by said member at the feet of the institute.

Any juridical person who profits from a contract may have to make an accounting for the advantage gained.

It is best to live within the fiscal means of the institute rather than accruing debt. Superiors are to take care not to allow debts to be contracted unless they are certain that the religious juridical person can pay the interest from its ordinary and regular, not exceptional and unusual, income and that the capital debt can be paid off within a period that is not too long.

 Can. 640 Taking into account the circumstances of the individual places, institutes are to make a special effort to give, as it were, a collective testimony of charity and poverty. They are to do all in their power to donate something from their own resources to help the needs of the Church and the support of the poor.

This canon relates to CST 2,3 and 41 of the Order   

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This canon reminds the institutes of the need to exercise an option for the poor. Individual acts of charity are not sufficient. The witness of lifestyle is also required. This canon relates to canon 634 above.

 Chapter III: THE ADMISSION OF CANDIDATES AND

THE FORMATION OF MEMBERS[Canons 641-661]

This section of the code should be read in conjunction with the Statute on Formation of the

Order

Chapter III begins with the admission to the novitiate, leaving the suitable preparation required in canon 597, §2 to the proper law of the institute. This is a change from the legislation of 1917 that called for a period of Postulancy to precede the novitiate. Formation, understood as growth in the following of Christ, is a life-long process with physical, moral, intellectual, and spiritual dimensions. It begins even before the candidate applies for admission. In fact, the deepening faith and growing maturity of the candidate enables him to consider a vocation to the religious life.

Formation is no longer viewed as a series of detailed regulations to be observed minutely, but rather as a set of underlying principles to be adapted to the charism and nature of each institute and to the culture and conditions in which it is situated. Significant shifts evident in the revised norms on formation include insights from the behavioral sciences, recognition of the need for active collaboration of the individuals in formation, an extension of the period of initial formation, greater freedom for each religious institute to design its own formation program, and, for apostolic institutes, the inclusion of apostolic experiences as integral to the formation process.

New members are both the recipients and the agents of formation. The new members and the receiving community participate in a mutually enriching and growth-producing process. The future fidelity and vitality of a religious institute depends, under the action of the Spirit, on the quality and commitment of its new members. Hence those entrusted with screening, admitting, and forming new members hold a sacred trust. Certain minimal requirements for admission, novitiate, profession, and initial formation are specified in the following canons, but considerable flexibility is left to individual institutes to apply, adapt, and augment these norms.

    Article 1: Admission to the Novitiate

 Can. 641 The right to admit candidates to the novitiate belongs to the major Superiors, in accordance with the norms of the institute’s own law. This canon relates to CST 46 and 48 of the Order   

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Major superiors are named in canon 620. Proper law is to provide the details and conditions of acceptance for commencing the religious life. Criteria for acceptance should be developed as a matter of policy, bearing in mind the nature and purpose of the institute.

Can. 642 Superiors are to exercise a vigilant care to admit only those who, besides being of required age, are healthy, have a suitable disposition, and have sufficient maturity to undertake the life which is proper to the institute. If necessary, the health, disposition and maturity are to be established by experts, without prejudice to can. 220.

This canon relates to CST 46 of the Order   

There have been significant developments in the area of the psychological sciences to provide useful tools in the discernment process. It would be helpful to read canon 597. Also of importance is the recent document from the holy office concerning the question of homosexuality.

This canon enumerates the particular areas of concern in the discernment process: Age, health (both physical and psychological), suitable character, and maturity. Details governing these elements should be worked out in a community policy statement. Before admission to the novitiate, there should be some sort of probationary period provided for in the proper law of the institute. Those charged with the formation of aspirants will be consulted about suitability of candidates. Letters of recommendation should be sought from other sources. Psychological screening should be utilized and a confidential evaluation of the candidate should be sent to the superior. These procedures can help to obviate the injustice of accepting people who are not equipped for the religious life in general or for the life lived in a particular institute.

In his Apostolic Constitution of May 31, 1956, Sedes Sapientiae, Pope Pius XII wrote: “First we would have everyone remember that the foundation of the religious and of the sacerdotal and apostolic life, which is called a divine vocation, consists of two essential elements, one divine, the other ecclesiastical. As to the first of these, a call from God to enter the religious life or the sacerdotal state is so necessary that if it is lacking, the very foundation on which the whole edifice rests is wanting (C.12).

“And this not only does not contradict what we said about a divine vocation, but is strictly consistent with it, since it destines a man to lead publicly a life of sanctification and to exercise the hierarchical ministry in the church, that is, in a visible and hierarchical society, it has to be authoritatively approved, admitted, and controlled also by hierarchical superiors, to whom the government of the Church has been divinely entrusted” (C15).

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Can. 643 §1 The following are invalidly admitted to the novitiate:1° One who has not yet completed the seventeenth year of age;2° a spouse, while the marriage lasts;3° one who is currently bound by a sacred bond to some institute of consecrated life, or is incorporated in some society of apostolic life, without prejudice to can. 684;4° one who enters the institute through force, fear or deceit, or whom the Superior accepts under the same influences;5° one who has concealed his or her incorporation in an institute of consecrated life or society of apostolic life.§2 An institute’s own law can constitute other impediments even for the validity of admission, or attach other conditions. This canon relates to CST 46 of the Order   

There are five (six) impediments to admission to the novitiate. Not only would these invalidate acceptance, they would also invalidate solemn profession

1. To not have completed the 17th year of age, or has a character that is not suitable to live the vows.2. To be married3. To be a professed member of an institute or society (transfer from one institute to another is an exception to this rule. Cf. canon 684).4. To enter under force, fear or duress. To enter fraudulently. If the superior admits the individual while he is under any of these elements. 5. The individual conceals the previous incorporation into an institute or society.(6.) Being actively homosexual (Cf. On Priesthood and Those With Homosexual Tendencies)Also relevant to this discussion is canon 690. It deals with the readmission

into the same institute of an individual who had legitimately departed same institute.

Proper law of an institute may add further impediments to this list. These would be related to the particular charism of the institute.

Invalidating laws are concerned only with juridical acts. These are acts that effect the acquisition, change and loss of rights and obligations, such as contracts, marriage, religious profession and the acquisition of an office.

Here are some specific areas for consideration: education, employment history, criminal history, immigration status, health (physical and mental), recent religious conversion, history of abuse, prior sexual activity and sexual orientation, debts, dependents, intelligence, and cultural differences.

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Can. 644 Superiors are not to admit secular clerics to the novitiate without consulting their proper Ordinary; nor those who have debts that they are unable to meet. This canon relates to CST 46.3 of the Order   

These two situations do no constitute impediments, but they are considerations that pose serious objections to admission, until they are rectified. A diocesan priest is incardinated in a diocese and pledged to ministry there. His bishop should be aware of the priest’s intention to enter religious life. The priest should received the bishop’s permission to enter, if possible. The bishop should be asked for a personal assessment of the priest wishing to become a religious.

Weighty indebtedness should be settled before one enters the novitiate.

Can. 645 §1 Before candidates are admitted to the novitiate they must produce proof of baptism and confirmation, and of their free status.§2 The admission of clerics or others who had been admitted to another institute of consecrated life, to a society of apostolic life, or to a seminary, requires in addition the testimony of, respectively, the local Ordinary, or the major Superior of the institute or society, or the rector of the seminary.§3 An institute’s own law can demand further proofs concerning the suitability of candidates and their freedom from any impediment.§4 The Superiors can seek other information, even under secrecy, if this seems necessary to them.

This canon relates to CST 46.2 and 84.1C of the Order   

These are the basis certificates of Christian initiation. Baptismal records can reveal important information concerning the individual, in addition to the religious affiliation of the person. The availability of these documents man not, in fact, be possible in certain circumstances. The testimony of a witness or the word of the person himself might be sufficient.

Testimonial letters are required in these cases to help discern the suitability of the individual. 

The institute’s proper law can require additional testimonials.Superiors charged with the responsibility for admitting candidates, can, if it

seems indicated, seek out confidential information, consistent with ethical standards and the obligation of secrecy. Since the sexual abuse scandals of

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2002, many institutes have begun doing criminal background checks on candidates.

Article 2: The Novitiate and the Formation of Novices 

Can. 646 The purpose of the novitiate, by which life in an institute begins, is to give the novices a greater understanding of their divine vocation, and of their vocation to that institute. During the novitiate the novices are to experience the manner of life of the institute and form their minds and hearts in its spirit. At the same time their resolution and suitability are to be tested.

This canon relates to CST 49 of the Order    

Formation within the novitiate is an ancient practice. Along with legislation for the course of studies and priestly formation in seminaries, the Council of Trent formulated regulations concerning the formation of beginners in the religious life. Since that time, Rome and religious institutes have recognized the importance of initial formation and greatly developed the methodology of formation. Initial formation envisages the centrality of the love of God and one’s brethren, the particular charism of the institute, life in community, the meaning and obligations of the vows, personal and communal prayer, spiritual and biblical theology, etc. Pius XI said that to make the novitiate poorly is to build on sand.

Canon law and practice differentiate between entry into an institute and incorporation into that institute. Canon 646 states that life in an institute is begun with entry into the novitiate. The right to admit candidates to the novitiate belongs to the major superior who does so according to the procedures set forth by universal law as well as by the proper law of the institute. Canon law gives superiors some discretionary leeway in that superiors can also seek other information, even under secrecy, if it seems necessary to them. It is important that superiors be discreet and take special notice of possible impediments. There is no ‘right’ to make final profession.

Can. 647 §1 The establishment, transfer and suppression of a novitiate house are to take place by a written decree of the supreme Moderator of the institute, given with the consent of the council.§2 To be valid, a novitiate must take place in a house which is duly designated for this purpose. In particular cases and by way of exception and with the permission of the supreme Moderator given with the consent of the council, a candidate can make the novitiate in another house of the institute, under the

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direction of an approved religious who takes the place of the director of novices.§3 A major Superior can allow a group of novices to reside, for a certain period of time, in another specified house of the institute.

In the mind of the Church, novitiates are extremely important institutions. Prior to the code of 1983, Rome had to grant permission for the transfer or suppression of a novitiate. Currently, the supreme moderator with the consent of his or her council can establish, relocate or suppress a novitiate by means of a written decree.

The novice must live in the novitiate for the canonical year. In order for the candidate to move out of a secular environment into the environment of a religious community requires a milieu that will make the transition genuinely meaningful. If the supreme moderator of the institute deems it suitable, the novitiate can be made in another house of the institute.

A competent major superior could permit a group of novices to reside, for a time, in another house of the institute. Reasons for such an arrangement should be serious. Needless to say, such an arrangement should be rare.

 Can. 648 §1 For validity, the novitiate must comprise twelve months spent in the novitiate community, without prejudice to the provision of can. 647 §3.§2 To complete the formation of the novices, the constitutions can prescribe, in addition to the time mentioned in §1, one or more periods of apostolic activity, to be performed outside the novitiate community.§3 The novitiate is not to be extended beyond two years.

This canon relates to CST 50 of the Order    

The canonical year consists of twelve full months. The novitiate is not just a place; it is also a period of formation and integration into the charism and patrimony of the institute.

In an active order, the novitiate should include some hands-on training in addition to the canonical year to give the new members an opportunity to learn what is expected of them as members of the institute.

Two years is the maximum length permitted for a novitiate. Formation periods at this level should not be extended too long. In certain circumstances an extension of six months can be applied, Cf. canon 653.

Can. 649 §1 Without prejudice to the provisions of can. 647 §3, and can. 648 §2, a novitiate is invalidated by an absence from the novitiate house of

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more than three months, continuous or broken. Any absence of more than fifteen days must be made good. §2 With the permission of the competent major Superior, first profession may be anticipated, though not by more than fifteen days.

This canon relates to CST 50 of the Order   

Absence from the novitiate for more than three months, for whatever reason, invalidates the novitiate. Absence of more than 15 days must be made up by extending the novitiate for the necessary number of days. 

No serious reason is required to anticipate the first profession.

Can. 650 §1 The object of the novitiate demands that novices be formed under the supervision of the director of novices, in a manner of formation to be defined by the institute’s own law. §2 The governance of the novices is reserved to the director of novices alone, under the authority of the major Superiors. This canon relates to CST 47 of the Order

The proper law of the institute sets forth the charism, the history, and the form of apostolate exercised and the patrimony of the institute. All of these elements should be touched upon during the period of initial formation. It is understood that the formator be well equipped for this important position within the institute. He or she should accomplish the assigned task with prudence, love, charity, wisdom and education.

There is to be one novice director who is normally accountable only to the major superior of the institute.

Can. 651 §1 The director of novices is to be a member of the institute who has taken perpetual vows and has been lawfully designated.§2 If need be, directors of novices may be given assistants, who are subject to them in regard to the governance of the novitiate and the manner of formation.§3 Those in charge of the formation of novices are to be members who have been carefully prepared, and who are not burdened with other tasks, so that they may discharge their office fruitfully and in a stable fashion.

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This canon relates to CST 47 and 49 of the Order

The novice master should be experienced in the consecrated life and knowledgeable of the patrimony of the institute. Proper law should stipulate how the novice master is chosen.

If helpers are appointed, they should be congenial with the director and share in his spirit and approach to the formation of new comers.

Can. 652 §1 It is the responsibility of the directors of novices and their assistants to discern and test the vocation of the novices, and gradually to form them to lead the life of perfection that is proper to the institute.§2 Novices are to be led to develop human and Christian virtues. Through prayer and self-denial they are to be introduced to a fuller way of perfection. They are to be instructed in contemplating the mystery of salvation, and in reading and meditating on the sacred Scriptures. Their preparation is to enable them to develop their worship of God in the sacred liturgy. They are to learn how to lead a life consecrated to God and their neighbor in Christ through the evangelical counsels. They are to learn about the character and spirit of the institute, its purpose and discipline, its history and life, and be imbued with a love for the Church and its sacred Pastors.§3 Novices, conscious of their own responsibility, are to cooperate actively with the director of novices, so that they may faithfully respond to the grace of their divine vocation.§4 By the example of their lives and by prayer, the members of the institute are to ensure that they do their part in assisting the work of formation of the novices.§5 The period of novitiate mentioned in can. 648 §1, is to be set aside exclusively for the work of formation. The novices are therefore not to be engaged in studies or duties which do not directly serve this formation.

This canon relates to CST 45, 49 and 51 of the Order 

Some operative words in this canon: discernment, formation, development … gradually. Growth and formation are to follow carefully layed out stages. The recommendation of the novice director to the major superior regarding the suitability of the novice for profession is often decisive.

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This canon goes on to suggest the content of a well-developed formation program. While there is a heavy stress on content of the program, studies should not take over to the point that there is a lessening of the need to integrate the spiritual, intellectual and affective qualities of the individual candidate. A handbook or policy document on formation, geared to the specific nature and charism of the institute may prove helpful, especially in light of the pontifical review of seminaries and houses of formation.

Passive receptivity on the part of the novice is not sufficient. The novice must actively discern why he came to the institute and whether he truly desires to stay. Individual novices are primarily responsible for their own formation and are encouraged to participate actively in the formation process through spirited study and application, ongoing self-evaluation, and honest communication with the director. Ultimately, the novice must decide whether to request admission to first profession and bring the fruit of this formation to whatever way of life he lives out.

All the members of the institute are expected to contribute to the formation of new comers by means of their example and prayer. The novice is discerning his vocation to a specific congregation and has a right to enter a communal religious experience.

A certain sharp focus is to be observed during the time of novitiate, the ordering of energies and interests to future incorporation into this particular institute.

Can. 653 §1 A novice may freely leave the institute. The competent authority of the institute may also dismiss a novice.§2 On the completion of the novitiate, a novice, if judged suitable, is to be admitted to temporary profession; otherwise the novice is to be dismissed. If a doubt exists concerning suitability, the time of probation may be prolonged by the major Superior, in accordance with the institute’s own law, but for a period not exceeding six months.

This canon relates to CST 50 and 51 of the Order

Leaving, as well as entering, the institute is a serious decision, one to be reached only after prayer, reflection and spiritual direction. The superior who dismisses a novice should similarly look upon asking a novice to depart as a very grave step, one that may call for both courage and charity. It is false charity to permit someone whose vocation appears dubious or non-existent to remain in the institute. In most cases dismissal isn’t required. A trained novice master can lead the individual to discern for himself that life in the institute is not for him. It would be equitable for the superior to explain the grounds for the novice’s dismissal.

When the time for the novitiate prescribed by the institute’s proper law has been completed, the novice is either to be admitted to temporary profession or

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dismissed. While permissible, prolongation of the novitiate is unusual and rarely helpful in resolving doubts or difficulties concerning a vocation.

Article 3: Religious Profession[Canons 654-658]

In the Church’s tradition, religious profession is considered to be a special and fruitful deepening of one’s baptismal consecration. By religious profession a person, responding to God’s call, freely hands his life to the following of Christ according to the way of life of a particular institute. Profession brings together the action of God and the response of the person, and the religious institute provides the context and support for living the call faithfully.

 Can. 654 By religious profession members make a public vow to observe the three evangelical counsels. Through the ministry of the Church they are consecrated to God, and are incorporated into the institute, with the rights and duties defined by law.

The Roman Ritual contains the official and classical rite for religious profession. It shows the esteem in which the religious life is held by the Church. By it, one makes vows to live one’s baptismal promises more exactly by professing the three evangelical counsels according to the institute’s proper law.

Religious vows are “public” in the sense that they are accepted by the Church in an official way, with the canonical consequences of the act. All Christians are called to the spirit of the counsels but consecrated religious bind themselves to live them in spirit and in fact.

The new Code does not employ the terminology “simple” or “solemn” vows. Institutes that practiced solemn profession prior to the Code of 1983 may continue to use the phrase “solemn profession” in their proper law.

Religious profession demands the evangelical counsels of chastity, poverty and obedience, to which are added, also as public vows, any special vows in existence in a particular institute. Consecration, or a setting apart to God and divine things is verified by the evangelical counsels, whose primary purpose is to control the principal obstacles to the perfection of the love of God, the infused virtue of charity. God invites to and accepts this consecration and he is thus the one who consecrates.

 Can. 655 Temporary profession is to be made for the period defined by the institute’s own law. This period may not be less than three years nor longer than six years.

This canon relates to CST 51 and 52 of the Order

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Temporary profession retains something of the probationary quality of the novitiate. However, the profession of vows brings with it a certain intentionality, under the trajectory of perpetual profession in due course. Formation, fairly intensely, continues for the period of three years minimum, of first vows. The minimum period is necessary for the validity of perpetual profession.

This temporary profession can be made for up to six years. It can be prolonged even as long as nine years (Cf. canon 657). Formation is to continue during the years of temporary profession. The formula of profession is legislated by proper law. At the expiration of the period for which the temporary profession was made, the temporary profession may depart.

 Can. 656 The validity of temporary profession requires:1° that the person making it has completed at least the eighteenth year of age;2° that the novitiate has been made validly;3° that admission has been granted, freely and in accordance with the norms of law, by the competent Superior, after a vote of his or her council;4° that the profession be explicit and made without force, fear or deceit;5° that the profession be received by the lawful Superior, personally or through another.

The requirements for a valid temporary profession are clearly stated in this canon. If any of these essential conditions are not fulfilled, the profession is invalid. Those responsible with admitting an individual to vows must make sure all these requirements are duly fulfilled. Proper Law should specify whether the vote of the council is deliberative or consultative. The act of making temporary profession is to be public in nature. The document of profession is to contain: name of the individual, the institute, the vows being professed, the duration of the vows and the name of the person receiving the vows in the name of the Church and the institute. The form of profession should be included in the proper law of the institute.

 Can. 657 §1 When the period of time for which the profession was made has been completed, a religious who freely asks, and is judged suitable, is to be admitted to a renewal of profession or to perpetual profession; otherwise, the religious is to leave.§2 If it seems opportune, the period of temporary profession can be extended by the competent Superior in accordance with the institute’s own law. The total time during which the member is bound by temporary vows may not, however, extend beyond nine years.

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§3 Perpetual profession can for a just reason be anticipated, but not by more than three months.

This canon relates to CST 52 and 56 of the Order

This canon reflects the covenantal nature of profession. The proper law of the institute should contain a specific program for formation to be followed during the period of temporary vows. The decision by the proper authority to admit an individual to subsequent definitive profession is a serious step and calls for prayerful discernment.

The extension of the period of temporary profession is to be viewed as extraordinary. It manifests the concern of law for some flexibility in certain instances. The period of temporary profession can be extended beyond six years but not to exceed nine years.

 Can. 658 Besides the conditions mentioned in can. 656, nn. 3, 4 and 5, and others attached by the institute’s own law, the validity of perpetual profession requires:1° that the person has completed at least the twenty-first year of age;2° that there has been previous temporary profession for at least three years, without prejudice to the provision of can. 657 §3.

This canon relates to CST 54 and 56 of the Order

Some institutes only have temporary profession. In such instances, the proper law of the institute must establish when the profession becomes definitive. Belonging to the institute carries certain important consequences: implications of poverty, voice in elections, and security of care. At the time of definitive incorporation the individual must be 21 years of age and must have completed three years of temporary vows.

Article 4: The Formation of Religious

The three canons in this article deal with the post-novitiate formation of religious. The purpose of all formation is to enable individuals to discover and then to assimilate and deepen their identity as religious. While initial formation is directed toward assisting the person to discern his vocation and to acquire sufficient understanding and autonomy for living the religious commitment, ongoing formation assists the religious to become increasingly open to the Spirit through attentiveness to the signs of the times, to deepen fidelity to the charism, and to integrate and develop these movements through growth in the concrete circumstances of life.

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This article on formation for all religious is an innovation with the Code of 1983; previously only the formation of those destined for ordination was addressed. Formation is now understood as a right and obligation for all religious and a life-long co-responsible process.

Consecrated life today needs a spiritual rebirth that is more ecclesial and communitarian, more demanding and mature in mutual support in striving for holiness, more generous in apostolic choices; and finally, a spirituality that is more open to becoming a teaching and pastoral plan for holiness within consecrated life itself and in its radiance for the entire people of God.

 Can. 659 §1 After first profession, the formation of all members in each institute is to be completed, so that they may lead the life proper to the institute more fully, and fulfill its mission more effectively.§2 The institute’s own law is, therefore, to define the nature and duration of this formation. In this, the needs of the Church and the conditions of people and times are to be kept in mind, insofar as this is required by the purpose and the character of the institute.§3 The formation of members who are being prepared for sacred orders is governed by the universal law and the institute’s own program of studies.

This canon relates to CST 45 and 53 of the Order 

Religious profession includes an obligation to the graced project of conversion of life, in keeping with the spirit and patrimony of the particular institute. Consequently, there is a joint responsibility between the individual religious and those in positions of authority. The growth dynamic expressed by formation is needed for the fruitful living out of the vows, and thus after first vows, the newly professed continues to integrate what was learned and experienced during the novitiate.

A formation statute is to be central to the program and should be updated as needed. It should be geared to the specific goals of the institute.

Those who are destined for ordination are to be trained according to the norms of universal law as well as the norms of proper law.

Can. 660 §1 Formation is to be systematic, adapted to the capacity of the members, spiritual and apostolic, both doctrinal and practical. Suitable ecclesiastical and civil degrees are to be obtained as opportunity offers.§2 During the period of formation members are not to be given offices and undertakings that hinder their formation.

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This canon relates to CST 53 of the Order 

This canon provides a description of the contents of the formation program, and includes a few guiding principles that are intended to animate it. There is to be a combination of theoretical and practical courses. Throughout their lives, the members should earnestly further their spiritual, doctrinal and professional development, and the superiors should provide them with the means and time for this to be possible.

The emphasis during the early years of profession is on formation. Employments that would interfere with the formation program are not to be placed on the juniors. It takes time, leisure and reflection to integrate all the elements of religious life.

Can. 661 Religious are to be diligent in continuing their spiritual, doctrinal and practical formation throughout their lives. Superiors are to ensure that they have the assistance and the time to do this.

This canon relates to CST 58 of the Order

Formation is a continuing process. Life is a series of passages and growth is the sign of life. The religious commences on earth what he hopes to continue throughout eternity: ongoing penetration into the love and truth of God revealed to us in the Word, and shown to us in the divine essence of the Beatific Vision. Correspondingly, during one’s mortal life within the institute, the superiors and those otherwise responsible for continuing formation should make available suitable and attractive resources. The individual is to accept personal responsibility for making proper use of the means provided.

Chapter IV: THE OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS

This chapter contains some, but not all, of the obligations and rights of religious institutes and their members. Besides those obligations and rights articulated here, other obligations and rights pertinent to religious institutes and their members can be found in the canons on the obligations and rights of the Christian faithful (canons 208-223); those of the ordained (canons 273-298); the fundamental rights and obligations assumed with profession of the evangelical counsels (canons 598-601); the basic autonomy of life pertaining to each institute (canon 586); the expectation that each member participate in the life of the institute (canons 631-633), and certain procedural protections for both the institute and the members. In addition, other obligations and rights arising from the particular responsibilities as religious can be found in the canons on juridic persons, temporal goods, the teaching office of the Church, etc.

The institute’s proper law is important in the norms of this chapter, as it has been elsewhere. Many canons in this chapter enunciate a general principle

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and leave its application or specification to the particular institute. The contemporary diversity among religious institutes reflects the shift from uniformity characteristic of preconciliar legislation to the more charism-specific expressions evident in the life and ministry of religious institutes today.

The phrase ‘rights and obligations’ and ‘obligations and rights’ are used interchangeably in various parts of the Code. In several of the following canons, as elsewhere in the code, the positing of an obligation gives rise implicitly to a right to the means of fulfilling it, e.g. time, information, opportunity, etc. All rights and obligations in the Church are grounded in the fundamental equality of the people of God and are understood in the context of the Church as a communion. Rights and obligations of religious institutes and of individual religious likewise are derived from the fundamental equality of all members before God and within the institute. The exercise of rights and obligations is moderated by the communal nature of a religious institute and its place within the larger ecclesial communion. Rights and obligations, therefore, are claims in community and claims of community.

 Can. 662 Religious are to find their supreme rule of life in the following of Christ as proposed in the Gospel and as expressed in the constitutions of their own institute. This canon relates to CST 3 of the Order

This section of the Code deals with obligations and rights, both of the individuals and of the institute. The specific rights and obligations covered in the ensuing canons are: spiritual life, the sacrament of reconciliation, presence and absence of the community, cloister, personal property, religious habit and the provisions to be made for the material and spiritual necessities of life. Details are to be workout out in the institute’s proper law.

As the supreme law is salvation of souls, so the fundamental rule of religious life is the imitation of Christ, as set forth in the Gospels. This imitation takes on a variety of guises within the Church, and thus the charisms and patrimonies of the institutes manifest a Pluriformity within the One Body of Christ. It would be good to read Perfectae Caritatis #2.

Can. 663 §1 The first and principal duty of all religious is to be the contemplation of things divine and constant union with God in prayer.§2 Each day the members are to make every effort to participate in the Eucharistic sacrifice, receive the most holy Body of Christ and adore the Lord himself present in the Sacrament.§3 They are to devote themselves to reading the sacred Scriptures and to mental prayer. In accordance with the provisions of their own law, they

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are to celebrate the liturgy of the hours worthily, without prejudice to the obligation of clerics mentioned in can. 276, §2, n.3. They are also to perform other exercises of piety.§4 They are to have a special devotion to the Virgin Mother of God, the example and protectress of all consecrated life, including by way of the rosary.§5 They are faithfully to observe the period of annual retreat.

This canon relates to CST 17-21 and 86 of the Order 

The emphasis of this canon is on the primacy of contemplative prayer in the life of all consecrated religious. This is not just a spiritual exhortation. The Church sees contemplation as the foremost duty of all who live the consecrated life. The canon is directed to the individual and the devotional practices listed are taken from the ancient tradition of the Church, This canon should be read in conjunction with canons 607 and 673. The individual should attend the Eucharist daily (if possible) and engage in regular periods of adoration before the Blessed Sacrament. This implies that the community life should revolve around the paschal Mystery, repeated in the Sacrifice of the Mass. Proper Law should dictate how the devotions mentioned in this canon are to be cultivated by individuals and communities within the institute. This does not mitigate the obligation proper to clerics to recite the divine office.

Can. 664 Religious are earnestly to strive for the conversion of soul to God. They are to examine their consciences daily, and to approach the sacrament of penance frequently

The consecrate religious is called to live a life of conversion. Two effective means of working toward this ideal are herein noted: examination of conscience and use of the Sacrament of Reconciliation. Frequency of Confession is left to the discretion of the individual.

 Can. 665 §1 Religious are to reside in their own religious house and observe the common life; they are not to stay elsewhere except with the permission of the Superior. For a lengthy absence from the religious house, the major Superior, for a just reason and with the consent of the council, can authorize a member to live outside a house of the institute; such an absence is not to exceed one year, unless it be for reasons of health, studies or an apostolate to be exercised in the name of the institute.

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§2 Members who unlawfully absent themselves from a religious house with the intention of withdrawing from the authority of Superiors, are to be carefully sought out and helped to return and to persevere in their vocation.

This canon relates to CST 13.3 of the Order

Religious are to live in common and the institute is to provide a house where the common life can be lived. Extended absences require special authorization.

A religious may be granted a leave of absence for a just reason. This leave can be granted for a period of one year.

Absence for more than one year is permissible only for the causes listed in the canon: health, studies, an apostolate to be exercised in the name of the institute or to discern one’s vocation. The absent religious remains a member of the institute, is held to observe the vows, has the right to support from the community, retains active and passive voice, and may continue to wear the habit.

Can. 666 In using the means of social communication, a necessary discretion is to be observed. Members are to avoid whatever is harmful to their vocation and dangerous to the chastity of a consecrated person.

This canon relates to CST 29.2 of the Order 

This canon alerts the religious to the risks of allowing secular mentality to encroach upon the life of the community. The various means of social communication are not evil in themselves but they can erode one’s pursuit of purity of heart.

Can. 667 §1 In accordance with the institute’s own law, there is to be in all houses an enclosure appropriate to the character and mission of the institute. Some part of the house is always to be reserved to the members alone.§2 A stricter discipline of enclosure is to be observed in monasteries that are devoted to the contemplative life.§3 Monasteries of cloistered nuns, who are wholly devoted to the contemplative life, must observe papal enclosure, that is, in accordance with the norms given by the Apostolic See. Other monasteries of cloistered nuns are to observe an enclosure which is appropriate to their nature and is defined in the constitutions.

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§4 The diocesan Bishop has the faculty of entering, for a just reason, the enclosure of cloistered nuns whose monasteries are situated in his diocese. For a grave reason and with the assent of the Abbess, he can permit others to be admitted to the enclosure, and permit the nuns to leave the enclosure for whatever time is truly necessary.

This canon relates to CST 29.2 of the Order  

Every religious house must have some form of enclosure. This is to assure privacy befitting the consecrated lifestyle. The exact determinations are to be clarified in proper law. In this day and age, openness to the world and a proper notion of separation from the world has to be carefully balanced.

Contemplative institutes must delineate the extent of observance of separation in their proper law.

Can. 668 §1 Before their first profession, members are to cede the administration of their goods to whomsoever they wish and, unless the constitutions provide otherwise, they are freely to make dispositions concerning the use and enjoyment of these goods. At least before perpetual profession, they are to make a will which is valid also in civil law.§2 To change these dispositions for a just reason, and to take any action concerning temporal goods, there is required the permission of the Superior who is competent in accordance with the institute’s own law.§3 Whatever a religious acquires by personal labor, or on behalf of the institute, belongs to the institute. Whatever comes to a religious in any way through pension, grant or insurance also passes to the institute, unless the institute’s own law decrees otherwise.§4 When the nature of an institute requires members to renounce their goods totally, this renunciation is to be made before perpetual profession and, as far as possible, in a form that is valid also in civil law; it shall come into effect from the day of profession. The same procedure is to be followed by a perpetually professed religious who, in accordance with the norms of the institute’s own law and with the permission of the supreme Moderator, wishes to renounce goods, in whole or in part.§5 Professed religious who, because of the nature of their institute, totally renounce their goods, lose the

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capacity to acquire and possess goods; actions of theirs contrary to the vow of poverty are therefore invalid. Whatever they acquire after renunciation belongs to the institute, in accordance with the institute’s own law.

This canon relates to CST 52.2 and 55 of the Order   

This canon gives the norms concerning the individual religious and his use of private property. Poverty has historically been one of the evangelical counsels embraced by those who elect to follow Christ more closely by the profession of religious vows. The degree of renouncement varies according to the particular charism of the institute, its patrimony and the form of its apostolate in the Church. Before first vows, the aspirant is to cede to someone of his own choice the administration of any property he owns. He is also to dispose of the use of his property and any income accruing from it, although he does have the right to retain title to the property. At the time of final profession, he must make a will, legally binging in civil law.

In order to change his will or to perform any act in relation to his property, the religious must seek permission from the competent superior, as indicated in proper law. Any acts contrary to the vow of poverty are canonically invalid.

Can. 669 §1 As a sign of their consecration and as a witness to poverty, religious are to wear the habit of their institute, determined in accordance with the institute’s own law.§2 Religious of a clerical institute who do not have a special habit are to wear clerical dress, in accordance with can. 284.

This canon relates to CST 12 of the Order

While the habit does not make the religious, the Church looks upon the habit as fitting for someone who is to bear public witness to his consecrated state.

Ordained religious belonging to an institute that does not have its own distinctive habit are expected to be identifiable as clerics. It might be good to confer cannon 284.

 Can. 670 The institute must supply the members with everything that, in accordance with the constitutions, is necessary to fulfill the purpose of their vocation.

This canon relates to CST 33 of the Order 

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This canon concerns the providential care of the members of the institute. The institute is to supply all the member needs to realize his vocation and ministry. This extends to both temporal and spiritual necessities, to the degree that the institute is able to provide. 

Can. 671 Religious are not to undertake tasks and offices outside their own institute without the permission of the lawful Superior.

A religious is called to carry out the work of the institute – live in the patrimony. At present, many religious no longer perform the traditional apostolate of the institute but hold jobs that will produce income for the support of the elderly members.

Can. 672 Religious are bound by the provisions of cann. 277,285, 286, 287 and 289. Religious who are clerics are also bound by the provisions of can. 279 §2. In lay institutes of pontifical right, the permission mentioned in can. 285 §4 can be given by the major Superior.

This canon spells out the obligation incumbent upon clerics who are, by extension, applicable to those in the religious state.

Canon 277 deals with the necessity of prudence when associating with anyone who may endanger chastity or may be a cause of scandal.

Canon 285 concerns activities that, while not bad in themselves, are not appropriate to a religious.

Canon 286 lists the occupations that require permission to enter.Canon 287 is the proscription of holding political office.Canon 289 addresses the fact that a religious needs permission to carry

out various military roles and civil duties.Canon 279 speaks of religious clerics and sacred studies.

 Chapter V : THE APOSTOLATE OF INSTITUTES

Consecration cannot be considered apart from mission. Religious institutes are aggregates of consecrated persons ordered toward the mission of the Church in accord with the nature, spirit, and end of each institute. This is true whether religious institutes are dedicated to contemplation or apostolic action. It is likewise true whether the members serve in a corporate apostolate of the institute or perform an individual service in the name of the institute. Through prayer, penance, and charity, religious conform themselves ever more fully to Christ as they address human needs in various cultures and particular churches. In cooperation and collaboration with bishops and other Christian faithful, religious manifest ecclesial communion and build up the life and holiness of the Church.

 

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Can. 673 The apostolate of all religious consists primarily in the witness of their consecrated life, which they are bound to foster through prayer and penance.

This canon relates to CST 31 of the Order

The first duty of the religious is to bear witness to the life consecrated to God. Service allows for this dedication and is dependent upon it. This canon is broadly worded so as to fit any institute’s charism. The commitment made by a religious is fostered by prayers and penance, which are the foundation of the consecrated life of every institute without regard to whether it is dedicated primarily to prayer, to service, or to a particular combination of those two elements.

 Can. 674 Institutes which are wholly directed to contemplation always have an outstanding part in the mystical Body of Christ. They offer to God an exceptional sacrifice of praise. They embellish the people of God with very rich fruits of holiness, move them by their example, and give them increase by a hidden apostolic fruitfulness. Because of this, no matter how urgent the needs of the active apostolate, the members of these institutes cannot be called upon to assist in the various pastoral ministries.

This canon relates to CST 7, 29 and 31 of the Order 

This canon finds its inspiration in Perfectae Caritatis ## 7 and 9. The operative theological and canonical principle is that the nature of the vocation and its demands preclude members from being summoned to pastoral ministry. Within certain limits, most genuinely contemplative communities actually exercise certain pastoral ministries through hospitality, retreats, spiritual direction, confession and example. The ministries consistent with the basic patrimony of the institute should be delineated in its proper law.

Can. 675 §1 Apostolic action is of the very nature of institutes dedicated to apostolic works. The whole life of the members is, therefore, to be imbued with an apostolic spirit, and the whole of their apostolic action is to be animated by a religious spirit.§2 Apostolic action is always to proceed from intimate union with God, and is to confirm and foster this union.§3 Apostolic action exercised in the name of the Church and by its command is to be performed in communion with the Church.

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This canon draws upon Perfectae Caritatis #8. As the contemplative life is dedicated to contemplation, so the apostolic life is dedicated to the apostolate. Such is the nature of each form of religious institute. The charism of each belongs to the Church. Works of ministry are entrusted to apostolic institutes by the Church’s authority. The spirituality of the institute is itself apostolic. The primary witness of the institute remains consecration (Cf. canon 673). 

Can. 676 Lay institutes of men and women participate in the pastoral mission of the Church through the spiritual and corporal works of mercy, performing very many different services for people. They are therefore to remain faithful to the grace of their vocation.

Most religious are not clerics, but they are all engaged in some for of apostolic action. Not all lay religious are members of lay institutes, but most are. Religious women constitute the largest number of consecrated laity. This canon is by way of encouragement and recognition of the signal role of service given to the Church by the members of such institutes. Some male members of lay institutes are ordained to serve the needs of the other members. This does not alter the fundamental lay quality of the institute (Cf. Perfectae Caritatis #10).

Can. 677 §1 Superiors and members are faithfully to hold fast to the mission and works which are proper to their institute. According to the needs of time and place, however, they are prudently to adapt them, making use of new and appropriate means.§2 Institutes which have associations of Christ’s faithful joined to them are to have a special care that these associations are imbued with the genuine spirit of their family.

While the strategy remains the same, it may be necessary to allow the tactics to evolve. It is important to be able to respond to the needs of the times without sacrificing the patrimony of the institute.

A number of religious institutes have a tradition of associating to themselves groups of non-members with whom they share their charism. This canon recognizes the existence of such associations and declares that they have a claim on the solicitous concern of the institute’s members. As the number of lay associate groups continue to align themselves to various monasteries, this canon will take on greater force in our Order.

 Can. 678 §1 In matters concerning the care of souls, the public exercise of divine worship and other works of the apostolate, religious are subject to the authority of the Bishops, whom they are bound to treat with sincere obedience and reverence.

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 §2 In the exercise of an apostolate towards persons outside the institute, religious are also subject to their own Superiors and must remain faithful to the discipline of the institute. If the need arises, Bishops themselves are not to fail to insist on this obligation.§3 In directing the apostolic works of religious, diocesan Bishops and religious Superiors must proceed by way of mutual consultation.

This canon relates to CST 32 of the Order

The local bishop has charge of all matter in his diocese pertaining to the cura animarum, divine worship, and works of the apostolate. No institute is so exempt as to engage in these aspects of ministry independently of the bishop’s directives and supervision.

The apostolic undertakings of religious are within the purview of the obedience they owe their legitimate superiors. The basic responsibility for discipline within the institute pertains to its superiors. The local bishop may, if circumstances warrant, take action on breaches of discipline, but he should normally work through the competent superiors. The bishop’s authority in such internal matters is limited. It consists, for the most part, in urging due observance. Since the sexual abuse scandals of 2002, this has become an area of concern and tension between the diocesan bishops and the religious superiors.

In working out policies for apostolic engagement by religious, the superiors of the institutes and the bishops involved are expected to collaborate. No one has power to exercise any function whether of teaching, sanctifying or governing in the Church except those who are in communion with the successors of Peter and the Apostles. Regardless of the ministry exercised, it must be done in harmony with the magisterium. The ministry undertaken must be in conformity with the distinctive character of the institute and faithful to the charism of the founder. The institute is to exercise its ministry as a part of the local diocesan family.

 Can. 679 For a very grave reason a diocesan Bishop can forbid a member of a religious institute to remain in his diocese, provided the person’s major Superior has been informed and has failed to act; the matter must immediately be reported to the Holy See.

This canon goes beyond the “urging” spoken of in canon 678. It envisages an exercise of episcopal power whereby the religious is prohibited to remain in the diocese. Again, since the scandals of 2002, religious superiors have had a difficult time giving succor to their erring members.

 Can. 680 Organized cooperation is to be fostered among different institutes, and between them and the

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secular clergy. Under the direction of the Bishop, there is to be a coordination of all apostolic works and actions, with due respect for the character and purpose of each institute and the laws of its foundation. 

The spirit and practice of cooperation is most important for the Church’s work, especially today.

Can. 681 §1 Works which the diocesan Bishop entrusts to religious are under the authority and direction of the Bishop, without prejudice to the rights of religious Superiors in accordance with can. 678 §§2 and 3.§2 In these cases a written agreement is to be made between the diocesan Bishop and the competent Superior of the institute. This agreement must expressly and accurately define, among other things, the work to be done, the members to be assigned to it and the financial arrangements.

This canon speaks to the situation wherein the local bishop employs religious for specific tasks in the diocese, e.g. Running a hospital, or running a school, or staffing a parish. This is to be distinguished from a bishop giving permission for an institute to undertake various apostolates and so to establish a house for them in the diocese.

A contract is to be drawn up between the bishop and the institute in question.

 Can. 682 §1 If an ecclesiastical office in a diocese is to be conferred on a member of a religious institute, the religious is appointed by the diocesan Bishop on presentation by, or at least with the consent of, the competent Superior.§2 The religious can be removed from the office at the discretion of the authority who made the appointment, with prior notice being given to the religious Superior; or by the religious Superior, with prior notice being given to the appointing authority. Neither requires the other’s consent.

Ecclesiastical offices in a diocese are within the competency of the bishop, and so he appoints an individual to the office, while the religious superior presents the individual to the bishop for him to make the appointment.

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The bishop can remove a religious from an appointed office without the superior’s consent. Similarly, the superior can recall the religious without the bishop. Written notification of such actions is presupposed.

 Can. 683 §1 Either personally or through a delegate, the diocesan Bishop can visit churches or oratories to which Christ’s faithful have habitual access, schools other than those open only to the institute’s own members, and other works of religion and charity entrusted to religious, whether these works be spiritual or temporal. He can do this at the time of pastoral visitation, or in a case of necessity.§2 If the diocesan Bishop becomes aware of abuses, and a warning to the religious Superior having been in vain, he can by his own authority deal with the matter.

This canon deals with the right of episcopal visitation. In light of the sexual abuse scandal or 2002, is would be helpful to read the USCCB document Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons (appendix 4); and Charter for the Protection of Children and Young People (appendix 5).

 Chapter VI: THE SEPARATION OF MEMBERS

FROM THE INSTITUTE

The canons dealing with separation are extensive and detailed in an effort to recognize and protect the rights of both individuals and institutes. Some of the norms that are fully developed here for religious institutes are subsequently referred to in the canons on secular institutes and societies of apostolic life.

The forms of separation from an institute are diverse: transfer from one institute to another; exclaustration, whether requested or imposed, as a form of temporary separation; and definitive departure through a requested indult or a process of departure.

Procedures are good in the external forum as they level the playing field in a time of conflict so that all the participants understand how possible resolution will proceed. Often in the past, members would look to directives as the will of God, and superiors would remind them of the vow of obedience. Inherent in this approach is the idea that the superior can fix it. There are procedures in universal law for the application of penalties when a crime is committed. There are procedures for conducting trials in the event of dismissal. There are procedures for administrative acts. Most institutes have corresponding procedures stated in their constitutions. Ignoring these procedures in an individual case can be dangerous.

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The application of penalties should have as its goal a growth in self-worth on the part of the defendant and reintegration on the part of the Church. The gospel message enjoins us to hate the sin but to love the sinner. Redemption results from vindication and not vengeance.

 Article 1: Transfer to another Institute

 Can. 684 §1 Perpetually professed members cannot transfer from their own religious institute to another, except by permission of the supreme Moderators of both institutes, given with the consent of their respective councils.§2 On completion of a probationary period of at least three years, the member can be admitted to perpetual profession in the new institute. A member who refuses to make this profession, or is not admitted to do so by the competent Superiors, is to return to the original institute, unless an indult of secularization has been obtained.§3 For a religious to transfer from one autonomous monastery to another monastery of the same institute, federation or confederation, the consent of the major Superior of both monasteries and of the chapter of the receiving monastery is required and is sufficient, unless the institute’s own law has established further conditions. A new profession is not required.§4 The institute’s own law is to determine the time and manner of the probation that must precede the member’s profession in the new institute.§5 To transfer to a secular institute or to a society of apostolic life, or to transfer from these to a religious institute, the permission of the Holy See is required and its instructions are to be followed.

This canon relates to CST 61 of the Order

In order for a professed member to transfer to another institute, he must obtain the permission of the supreme moderators of both institutes in questing. The moderators need the consent of their councils to authorize such an action.

The probationary period is at least three years. This period of time allows ample time to introduce the transfer religious to the history, patrimony, work, spirit, law, etc of the new institute. The proper law of the institute may require longer than three years. During the probationary period, the religious is free to return to his original institute. He may also be asked to leave.

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Upon completion of the probationary period, the religious may be admitted to perpetual profession. A very long period of probation can be counterproductive.

 Can. 685 §1 Until profession is made in the new institute, the rights and obligations of the member in the previous institute are suspended, but the vows remain. From the beginning of probation, the member is bound to observe the laws of the new institute.§2 By profession in the new institute the member is incorporated into it, and the earlier vows, rights and obligations cease.

This canon relates to CST 61 of the Order

Although the vows remain during the probationary period, the rights and obligations of the religious are suspended towards the former institute. If perpetual profession is made in the new institute the rights and obligations of the former institute cease and are succeeded by those of the new institute.

Vows in the new institute effect incorporation into it, along with the rights and obligations proper to it.

 Article 2: Departure from the Institute

 Can. 686 §1 With the consent of his or her council, the supreme Moderator can for a grave reason grant an indult of exclaustration to a perpetually professed member for a period not exceeding three years. In the case of a cleric, the indult requires the prior consent of the Ordinary of the place where the clerics must reside. To extend this indult, or to grant one for more than three years, is reserved to the Holy See or, in an institute of diocesan right, to the diocesan Bishop.§2 Only the Apostolic See can grant an indult of exclaustration for cloistered nuns.§3 At the request of the supreme Moderator acting with the consent of his or her council, exclaustration can be imposed by the Holy See on a member of an institute of pontifical right, or by a diocesan Bishop on a member of an institute of diocesan right. In either case a grave reason is required, and equity and charity are to be observed.

This canon relates to CST 62 of the Order 

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“Exclaustration” means that the religious is living outside the cloister. Reasons for exclaustration vary from case to case. Very often the motivating factor is vocational discernment. One may be needed to care for a family member. If the religious is a cleric, he must obtain consent from the local bishop where he plans to be in residence.

The member’s request and supporting documentation are submitted to the Holy See.

For a grave reason, the supreme moderator can impose exclaustration on the erring member. In such cases, every effort must be made to guarantee the legal rights of the member.

Can. 687 Members who are exclaustrated are considered as dispensed from those obligations that are incompatible with their new condition of life. They remain dependent on and under the care of their Superiors and, particularly in the case of a cleric, of the local Ordinary. They may wear the religious habit, unless the indult specifies otherwise, but they lack active and passive voice.

This canon relates to CST 62 of the Order

Exclaustrated religious remain religious, but while retaining the basic rights and obligations of that state, they may make the suitable adjustments demanded by their life outside the cloister. The exclaustrated religious is expected to earn his own support, but they are not to be simply abandoned by the institute. The vow of chastity holds, but ordinary social life is to be looked upon as natural and wholesome. All voting rights (active and passive voice) are suspended.

 Can. 688 §1 A person who, on completion of the time of temporary profession, wishes to leave the institute, is free to do so.§2 A person who, during the time of temporary profession, for a grave reason asks to leave the institute, can obtain an indult to leave. In an institute of pontifical right, this indult can be given by the supreme Moderator with the consent of his or her council. In institutes of diocesan right and in the monasteries mentioned in can. 615, the indult must, for validity, be confirmed by the Bishop in whose diocese is located the house to which the person is assigned. This canon relates to CST 63.1 of the Order

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Temporary profession retains something of a probationary quality. One is free to leave upon the expiration of the time for which the vows were professed. All rights and obligations within the institute cease at that point.

One who wishes to leave an institute before the time, for which the vows were professed, may do so with the consent of the supreme moderator (and his council). The indult of departure releases one from all obligations of the vows and terminates all rights and obligations associated with membership in the institute.

Can. 689 §1 The competent major Superior, after consulting his or council, can for just reasons exclude a member from making further profession on the completion of temporary profession.§2 Even though contracted after profession, a physical or psychological infirmity which, in the judgment of experts, renders the member mentioned in §1 unsuited to lead a life in the institute, constitutes a reason for not admitting the member to renewal of profession or to perpetual profession, unless the infirmity was contracted through the negligence of the institute or because of work performed in the institute.§3 A religious who becomes insane during the period of temporary vows cannot be dismissed from the institute, even though unable to make a new profession.

This canon relates to CST 53.2 and 63.3 of the Order

There is a certain contractual quality to religious profession. Both parties must agree. The competent major superior must consult his council on the matter, and then can decide to defer any further advancement towards perpetual profession. It is understood that such a decision would be taken in justice and compassion for the individual being deferred.

If the individual is not able to live the life of the institute, the code empowers the competent major superior to refuse to admit the individual to perpetual profession. This power to defer profession cannot be used if the infirmity resulted from an act of negligence on the part of the institute.

One who becomes insane during temporary vows, although excluded from further profession, cannot be summarily dismissed from the institute.

 Can. 690 §1 A person who lawfully leaves the institute after completing the novitiate or after profession, can be re-admitted by the supreme Moderator, with the consent of his or her council, without the obligation of repeating the novitiate. The same Moderator is to determine an appropriate probation prior to temporary

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profession, and the length of time in vows before making perpetual profession, in accordance with the norms of can. 655 and 657.§2 The Superior of an autonomous monastery, acting with the consent of his or her council, has the same faculty.

This canon relates to CST 66 of the Order

This canon can be applied whether the person left upon completion of the novitiate, while in temporary vows, or in perpetual vows. Remember, canons 655 and 657 must be observed.

Proper law may stipulate further conditions, consistent with the Code’s requirements.

 Can. 691 §1 A perpetually professed religious is not to seek an indult to leave the institute, except for very grave reasons, weighed before the Lord. The petition is to be presented to the supreme Moderator of the institute, who will forward it to the competent authority with his or her own opinion and that of the council.§2 In institutes of pontifical right this indult is reserved to the Apostolic See. In institutes of diocesan right the indult can be granted by the Bishop in whose diocese is located the house to which the religious is assigned.

This canon relates to CST 64 of the Order

Dispensation from perpetual vows is a serious matter, as the wording of this canon indicates. The choice to leave the institute should only be made after a serious period of discernment. One should seek a period of exclaustration before making the definitive break with the institute. The individual must submit a petition for release from vows to the supreme moderator of the institute. The moderator submits this petition along with other relevant document to the Holy See. The dossier should also include the moderator’s personal opinion and that of his council.

Superiors are to strive to keep solemnly professed members in the institute. They are to be solicitous in seeking out members and helping them return and persevere in the religious life they have chosen. The obligation of a perpetually professed religious is not to depart except for the gravest of causes considered before the Lord. Unfortunately, life and law in these particular circumstances often appear as oil and vinegar. One or the other or both may break down so that legalities and formalities do not seem as important as life issues or life experiences. The pull is strong that what is needed at the time is

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love not law. And yet, there could be serious danger from the perspective of canonical membership.

 Can. 692 An indult to leave the institute, which is lawfully granted and notified to the member, by virtue of the law itself carries with it, unless it has been rejected by the member in the act of notification, a dispensation from the vows and from all obligations arising from profession.

Canonists suggest that the notification of the contents of the indult should be communicated to the petitioner in the context of a personal interview. The religious concerned may, upon notification of the receipt of the indult, refuse to accept it. It then becomes entirely ineffective, and it is thereupon returned to the Holy See. If once again, the religious decides to seek a release from his vows, a new petition must be executed and the same process repeated as before.

 Can. 693 If the member is a cleric, the indult is not granted until he has found a Bishop who will incardinate him in his diocese or at least receive him there on probation. If he is received on probation, he is by virtue of the law itself incardinated in the diocese after five years, unless the Bishop has rejected him.

This canon relates to CST 64 of the Order

A member of a religious institute who is a priest cannot obtain an indult of departure until he has found a benevolent bishop who is willing to receive him into his diocese wither absolutely or on a probationary basis. 

Article 3: The Dismissal of Members

A more in-depth coverage of this section of the Code can be found in appendix 3.Who is a problem member? This is a difficult question to answer

accurately. Problems do not develop in a vacuum nor are the roots for the problem always localized in one person. Community structures and activities may exacerbate the development of a particular problem appearing in an individual. Manifest behavior may be easily discerned, but the motives behind the behavior are often difficult to assess. For purposes of discussion, a problem member is one whose behavior is under the focus of scrutiny from the perspective of leadership, other community members, or the community at large.

To the extent that the religious institute is a human institute, there will always be problems members or members experiencing particular difficulties. Resolution of an individual incident should proceed with a mixture of love and law. Where law may be the same for all, love allows for creative innovation in responding. Where law is the same for all, love allows one to customize a

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response to the needs of the individual. Where law can be coercive, love can provide an environment that is inviting and suggestive. To the extent that structures and activities proceed in agreed upon ways, canon law can greatly facilitate a peaceable form of living in community.

The individual has the obligation to live in accordance with his religious profession. It is the member’s obligation to observe the statutes of the institute or to change his status within the Church. The superior has an obligation to seek out the troubled member and attempt to correct the faulty relationship. The superior also has an obligation to safeguard the household of God. It may be necessary to dismiss the member so as to maintain the peace of the institute.

 Can. 694 §1 A member is to be considered automatically dismissed if he or she:1° has notoriously defected from the catholic faith;2° has contracted marriage or attempted to do so, even civilly.§2 In these cases the major Superior with his or her council must, after collecting the evidence, without delay make a declaration of the fact, so that the dismissal is juridically established.

This canon relates to CST 65 of the Order

In these cases, the dismissal is ipso facto and does not require any trial or process. It applies to a religious, whether in temporary or perpetual vows. Two things that are absolutely incompatible with the religious life in the Church are apostasy and getting married. The denial of the Faith must be notorious or public. It is not necessary for one to join another Church. Heresy or schism produces the same result of dismissal. In such a circumstance, a cleric is also suspended fro the exercise of his orders. A religious in perpetual vows incurs an interdict.

The declaration of the major superior established the facts. The superior is not dismissing the religious. The acts of apostasy or marriage have already effected the dismissal.

Can. 695 §1 A member must be dismissed for the offences mentioned in cann. 1397, 1398 and 1395, unless, for the offences mentioned in can. 1395 §2, the Superior judges that dismissal is not absolutely necessary; and that sufficient provision can be made in some other way for the amendment of the member, the restoration of justice and the reparation of scandal.§2 In these cases the major Superior is to collect the evidence concerning the facts and the imputability of the offence. The accusation and the evidence are then to be presented to the member, who shall be

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given the opportunity for defense. All the acts, signed by the major Superior and the notary, are to be forwarded, together with the written and signed replies of the member, to the supreme Moderator.

This canon relates to CST 65 of the Order

This canon covers crimes against human life and human dignity, committed by a religious. The reference herein is to specific penal canons in the Code. As delineated, they bring infamy on the individual who does them and on the religious state itself, quite aside from the more important considerations of sin, scandal and damage to the victims. This canon has special urgency, especially since the sexual abuse scandals of 2002.

The major superior gathers evidence of the delict and prepares a dossier on the case. The member is informed of the accusation and is given the right of defense. The file is sent to the supreme moderator. In such cases, it is advisable that each community draws up a procedure for responding to allegations.

 Can. 696 §1 A member can be dismissed for other causes, provided they are grave, external, imputable and juridically proven. Among such causes are: habitual neglect of the obligations of consecrated life; repeated violations of the sacred bonds; obstinate disobedience to the lawful orders of Superiors in grave matters; grave scandal arising from the culpable behavior of the member; obstinate attachment to, or diffusion of, teachings condemned by the magisterium of the Church; public adherence to materialistic or atheistic ideologies; the unlawful absence mentioned in can. 665 §2, if it extends for a period of six months; other reasons of similar gravity that are perhaps defined in the institute’s own law.§2 A member in temporary vows can be dismissed even for less grave reasons determined in the institute’s own law.

This canon relates to CST 65 of the Order

A crime (delict) in Church law concerns something serious. It must be an external act, imputable (Cf. canon 1321), and it must be objectively provable. The list of crimes for which an individual can be dismissed is not herein exhaustive.

The delicts specified above are applicable also to anyone in temporary vows, but even offenses of a non-grave quality can provide basis for dismissal of someone who is still in this probationary status. Such transgressions should be indicted in the proper law of the institute. They must be external, imputable and provable. The process in the case of a temporarily professed is simpler. The

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major superior refuses to admit the individual to further profession (Cf. canon 689).

Can. 697 §1 In the cases mentioned in can. 696, if the major Superior, after consulting his or her council, judges that the process of dismissal should be commenced:1° the major Superior is to collect or complete the evidence;2° the major Superior is to warn the member in writing, or before two witnesses, with an explicit caution that dismissal will follow unless the member reforms. The reasons for dismissal are to be clearly expressed and the member is to be given every opportunity for defense. If the warning has no effect, another warning is to be given after an interval of at least fifteen days;3° if this latter warning is also ineffectual, and the major Superior with his or her council judges that there is sufficient proof of incorrigibility, and that the defense by the member is insufficient, after fifteen days from the last warning have passed in vain all the acts, signed by the major Superior and the notary, are to be forwarded, together with the signed replies of the member, to the supreme Moderator. This canon relates to CST 65 of the Order

This canon sets forth the actual steps of the process of dismissal. In practice, when things have reached the stage where a formal procedure is called for, it might be advisable that the superior remind the individual of the option of seeking a dispensation from his vows. If the process is to be undertaken, it must be followed scrupulously to safeguard the rights of the individual and of the institute.

Can. 698 In all the cases mentioned in cann. 695 and 696, the member always retains the right to communicate with, and send replies directly to, the supreme Moderator.

This canon relates to CST 65 of the Order

An important part of due process is that the individual accused have access to the supreme moderator and be afforded adequate defense.

 Can. 699 §1 The supreme Moderator and his or her council are to proceed in collegial fashion in

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accurately weighing the evidence, the arguments, and the defense. For validity, the council must comprise at least four members. If by a secret vote it is decided to dismiss the religious, a decree of dismissal is to be drawn up, which for validity must express at least in summary form the reasons in law and in fact.§2 In the autonomous monasteries mentioned in can. 615, the judgment about dismissal belongs to the diocesan Bishop. The Superior is to submit the acts to him after they have been reviewed by the council.

This canon relates to CST 65 of the Order

The supreme moderator with his council comprises an ecclesial tribunal. They weigh carefully the arguments and evidence that is presented by both sides and render a verdict. Either the individual is dismissed or the case is dismissed and the individual reinstated. The vote of the judges is secret.

 Can. 700 The decree of dismissal has no effect unless it is confirmed by the Holy See, to whom the decree and all the acts are to be forwarded. If the matter concerns an institute of diocesan right, the confirmation belongs to the Bishop in whose diocese is located the house to which the religious belongs. For validity the decree must indicate the right of the person dismissed to have recourse to the competent authority within ten days of receiving notification of the decree. The recourse has a suspensive effect.

This canon relates to CST 65 of the Order

In the case of an institute of pontifical right, the final word comes from the Holy See. The Holy See must either confirm the decree of dismissal or hand down a reversal of the sentence. The Holy See functions analogously to the Supreme Court.

 Can. 701 By lawful dismissal, both the vows and the rights and duties deriving from profession automatically cease. If the member is a cleric, he may not exercise sacred orders until he finds a Bishop who will, after a suitable probation, receive him into his diocese in accordance with can. 693, or who will at least allow him to exercise his sacred orders. This canon relates to CST 65 of the Order

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Upon dismissal, the member entirely ceases to have any rights or obligations that are conjoined to incorporation in the institute. Vows are dispensed. If he happens to be a priest, then he cannot exercise his orders nor is he freed from the obligations annexed to sacred ordination. In order to exercise his priesthood, he must find a benevolent bishop who will either accept him for his diocese or at least allow him to function as a priest.

Can. 702 §1 Whoever lawfully leaves a religious institute or is lawfully dismissed from one, cannot claim anything from the institute for any work done in it.§2 The institute, however, is to show equity and evangelical charity towards the member who is separated from it.

This canon relates to CST 65 of the Order

One is not hired to be a member of an institute. One gives oneself and one’s time, strength and abilities to the service of God and to the work of the institute, without hope of remuneration for one’s labors (the sum and substance of the vows). Upon departure, no material compensation can be exacted from the community.

Although no pay can be demanded, nevertheless, out of a sense of Christian charity and in a spirit of equity, the institute may make a grant to the departing person or agree to send him assistance as needed, from time to time, at the discretion of the competent superiors of the institute. Any such arrangements should be documented and properly witnessed.

 Can. 703 §1 In a case of grave external scandal, or of extremely grave and imminent harm to the institute, a member can be expelled forthwith from the house by the major Superior. If there is danger in delay, this can be done by the local Superior with the consent of his or her council. The major Superior, if need be, is to introduce a process of dismissal in accordance with the norms of law, or refer the matter to the Apostolic See.

This canon relates to CST 65 of the Order

Where there is serious scandal involved or some sort of significant harm feared for the institute, the member causing the problem can be expelled from the house where he dwells. This order of expulsion is not the same as a dismissal from the institute, although it may signal the beginning of the dismissal process.

 

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Can. 704 In the report to be sent to the Apostolic See in accordance with can. 592, §1, mention is to be made of members who have been separated in any way from the institute. This canon relates to CST 65 of the Order

Institutes must send annual reports (relatio) to the Holy See concerning their membership. The data include statistics and other pertinent information, to assist the congregation’s evaluation of the quality of life in the various institutes. Departures, for whatever reason, are thus to be tabulated and reported.

Chapter VII : RELIGIOUS RAISED TO THE EPISCOPATE

 Can. 705 A religious who is raised to the episcopate remains a member of his institute, but is subject only to the Roman Pontiff by his vow of obedience. He is not bound by obligations that he prudently judges are not compatible with his condition. Can. 706 In the case of the religious mentioned above:1° if he has lost the ownership of his goods through his profession he now has the use and enjoyment and the administration of the goods that he acquires. In the case of a diocesan Bishop and of those mentioned in can. 381 §2, the particular Church acquires their ownership; in the case of others, they belong to the institute or the Holy See, depending on whether the institute is or is not capable of possessing goods;2° if he has not lost the ownership of his goods through his profession, he recovers the use and enjoyment and the administration of the goods he possessed; what he obtains later, he acquires fully;3° in both cases any goods he receives which are not personal gifts must be disposed of according to the intention of the donors. Can. 707 §1 A religious Bishop ‘emeritus’ may choose to reside outside the house of his institute, unless the Apostolic See disposes otherwise.§2 If he has served a diocese, can. 402 §2 is to be observed concerning his suitable and worthy maintenance, unless his own institute wishes to

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provide such maintenance. Otherwise, the Apostolic See is to make other provision. 

Chapter VIII : CONFERENCES OF MAJOR SUPERIORS

 Can. 708 Major Superiors can usefully meet together in conferences and councils, so that by combined effort they may work to achieve more fully the purpose of each institute, while respecting the autonomy, nature and spirit of each. They can also deal with affairs that are common to all, and work to establish suitable coordination and cooperation with Episcopal Conferences and with individual Bishops. Can. 709 Conferences of major Superiors are to have their own statutes, which must be approved by the Holy See. Only the Holy See can establish them or give them juridical personality. They remain under the ultimate direction of the Holy See.

Appendix 1

Book VThe Temporal Goods Of The Church

 Can. 1254 §1 The catholic Church has the inherent right, independently of any secular power, to acquire, retain, administer and alienate temporal goods, in pursuit of its proper objectives.§2 These proper objectives are principally the regulation of divine worship, the provision of fitting support for the clergy and other ministers, and the carrying out of works of the sacred apostolate and of charity, especially for the needy. Can. 1255 The universal Church, as well as the Apostolic See, particular Churches and all other public and private juridical persons are capable of acquiring, retaining, administering and alienating temporal goods, in accordance with the law. Can. 1256 Under the supreme authority of the Roman Pontiff, ownership of goods belongs to that juridical person which has lawfully acquired them. Can. 1257 §1 All temporal goods belonging to the universal Church, to the Apostolic See or to other public juridical persons in the Church, are ecclesiastical goods and are regulated by the canons that follow, as well as by their own statutes. 

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§2 Unless it is otherwise expressly provided, temporal goods belonging to a private juridical person are regulated by its own statutes, not by these canons. Can. 1258 In the canons which follow, the term Church signifies not only the universal Church or the Apostolic See, but also any public juridical person in the Church, unless the contrary is clear from the context or from the nature of the matter.  TITLE I: THE ACQUISITION OF GOODS Can. 1259 The Church may acquire temporal goods in any way in which, by either natural or positive law, it is lawful for others to do this. Can. 1260 The Church has the inherent right to require from the faithful whatever is necessary for its proper objectives. Can. 1261 §1 The faithful have the right to donate temporal goods for the benefit of the Church. §2 The diocesan Bishop is bound to remind the faithful of the obligation mentioned in Can. 222 §1, and in an appropriate manner to urge it. Can. 1262 The faithful are to give their support to the Church in response to appeals and in accordance with the norms laid down by the Episcopal Conference. Can. 1263 The diocesan Bishop, after consulting the finance committee and the council of priests, has the right to levy on public juridical persons subject to his authority a tax for the needs of the diocese. This tax must be moderate and proportionate to their income. He may impose an extraordinary and moderate tax on other physical and juridical persons only in a grave necessity and under the same conditions, but without prejudice to particular laws and customs that may give him greater rights. Can. 1264 Unless the law prescribes otherwise, it is for the provincial Bishops’ meeting to: 1° determine the taxes, to be approved by the Apostolic See, for acts of executive authority that grant a favor, or for the execution of rescripts from the Apostolic See; 2° determine the offerings on the occasion of the administration of the sacraments and sacramentals. 

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Can. 1265 §1 Without prejudice to the right of mendicant religious, all private juridical or physical persons are forbidden to make a collection for any pious or ecclesiastical institute or purpose without the written permission of their proper Ordinary and of the local Ordinary. §2 The Episcopal Conference can draw up rules regarding collections, which must be observed by all, including those who from their foundation are called and are ‘mendicants’. Can. 1266 §1 In all churches and oratories regularly open to Christ’s faithful, including those belonging to religious institutes, the local Ordinary may order that a special collection be taken up for specified parochial, diocesan, national or universal initiatives. The collection must afterwards be carefully forwarded to the diocesan curia. Can. 1267 §1 Unless the contrary is clear, offerings made to Superiors or administrators of any ecclesiastical juridical person, even a private one, are presumed to have been made to the juridical person itself. §2 If there is question of a public juridical person, the offerings mentioned in §1 cannot be refused except for a just reason and, in matters of greater importance, with the permission of the Ordinary. Without prejudice to the provisions of Can. 1295, the permission of the Ordinary is also required for the acceptance of offerings to which are attached some qualifying obligation or condition. §3 Offerings given by the faithful for a specified purpose may be used only for that purpose. Can. 1268 The Church recognizes prescription, in accordance with cann. 197-199, as a means both of acquiring temporal goods and of being freed from their obligations. Can. 1269 Sacred objects in private ownership may be acquired by private persons by prescription, but they may not be used for secular purposes unless they have lost their dedication or blessing. If, however, they belong to a public ecclesiastical juridical person, they may be acquired only by another public ecclesiastical juridical person. Can. 1270 Immovable goods, precious movable goods, rights and legal claims, whether personal or real, which belong to the Apostolic See, are prescribed after a period of one hundred years. For those goods that belong to another public ecclesiastical juridical person, the period for prescription is thirty years. Can. 1271 By reason of their bond of unity and charity, and according to the resources of their dioceses, Bishops are to join together to produce those means

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which the Apostolic See may from time to time need to exercise properly its service of the universal Church. Can. 1272 In those regions where benefices properly so called still exist, it is for the Episcopal Conference to regulate such benefices by appropriate norms, agreed with and approved by the Apostolic See. The purpose of these norms is that the income and as far as possible the capital itself of the benefice should by degrees be transferred to the fund mentioned in Can. 1274 §1.  TITLE II: THE ADMINISTRATION OF GOODS Can. 1273 The Roman Pontiff, by virtue of his primacy of governance, is the supreme administrator and steward of all ecclesiastical goods. Can. 1274 §1 In every diocese there is to be a special fund which collects offerings and temporal goods for the purpose of providing, in accordance with Can. 281, for the support of the clergy who serve the diocese, unless they are otherwise catered for. §2 Where there is as yet no properly organized system of social provision for the clergy, the Episcopal Conference is to see that a fund is established which will furnish adequate social security for them. §3 To the extent that it is required, a common reserve is to be established in every diocese by which the Bishop is enabled to fulfill his obligations towards other persons who serve the Church and to meet various needs of the diocese, this can also be the means by which wealthier dioceses may help poorer ones. §4 Depending on differing local circumstances, the purposes described in §§2 and 3 might better be achieved by amalgamating various diocesan funds, or by cooperation between various dioceses, or even by setting up a suitable association for them, or indeed for the whole territory of the Episcopal Conference itself. §5 If possible, these funds are to be established in such a manner that they will have standing also in the civil law. Can. 1275 A reserve set up by a number of different dioceses is to be administered according to norms opportunely agreed upon by the Bishops concerned. Can. 1276 §1 Ordinaries must carefully supervise the administration of all the goods that belong to public juridical persons subject to them, without prejudice to lawful titles that may give the Ordinary greater rights. 

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§2 Taking into account rights, lawful customs and the circumstances, Ordinaries are to regulate the whole matter of the administration of ecclesiastical goods by issuing special instructions, within the limits of universal and particular law. Can. 1277 In carrying out acts of administration that, in the light of the financial situation of the diocese, are of major importance, the diocesan Bishop must consult the finance committee and the college of consultors. For acts of extraordinary administration, except in cases expressly provided for in the universal law or stated in the documents of foundation, the diocesan Bishop needs the consent of the committee and of the college of consultors. It is for the Episcopal Conference to determine what are to be regarded as acts of extraordinary administration. Can. 1278 Besides the duties mentioned in Can. 494 §§3 and 4, the diocesan Bishop may also entrust to the financial administrator the duties mentioned in Can. 1276 §1 and Can. 1279 §2. Can. 1279 §1 The administration of ecclesiastical goods pertains to the one with direct power of governance over the person to whom the goods belong, unless particular law or statutes or legitimate custom state otherwise, and without prejudice to the right of the Ordinary to intervene where there is negligence on the part of the administrator. §2 Where no administrators are appointed for a public juridical person by law or by the documents of foundation or by its own statutes, the Ordinary to which it is subject is to appoint suitable persons as administrators for a three-year term. The same persons can be re-appointed by the Ordinary. Can. 1280 Every juridical person is to have its own finance committee, or at least two counselors, who are to assist in the performance of the administrator’s duties, in accordance with the statutes. Can. 1281 §1 Without prejudice to the provisions of the statutes administrators act invalidly when they go beyond the limits and manner of ordinary administration, unless they have first received in writing from the Ordinary the faculty to do so. §2 The statutes are to determine what acts go beyond the limits and manner of ordinary administration. If the statutes are silent on this point, it is for the diocesan Bishop, after consulting the finance committee, to determine these acts for the persons subject to him. §3 Except and insofar as it is to its benefit, a juridical person is not held responsible for the invalid actions of its administrators. The juridical person is, however, responsible when such actions are valid but unlawful, without prejudice

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to its right to bring an action or have recourse against the administrators who have caused it damage. Can. 1282 All persons, whether clerics or laity, who lawfully take part in the administration of ecclesiastical goods, are bound to fulfill their duties in the name of the Church, in accordance with the law. Can. 1283 Before administrators undertake their duties: 1° they must take an oath, in the presence of the Ordinary or his delegate, that they will well and truly perform their office; 2° they are to draw up a clear and accurate inventory, to be signed by themselves, of all immovable goods, of those movable goods which are precious or of a high cultural value, and of all other goods, with a description and an estimate of their value; when this has been compiled, it is to be certified as correct; 3° one copy of this inventory is to be kept in the administration office and another in the curial archive; any change that takes place in the property is to be noted on both copies. Can. 1284 §1 All administrators are to perform their duties with the diligence of a good householder. §2 Therefore they must: 1° be vigilant that no goods placed in their care in any way perish or suffer damage; to this end they are, to the extent necessary, to arrange insurance contracts; 2° ensure that the ownership of ecclesiastical goods is safeguarded in ways that are valid in civil law; 3° observe the provisions of canon and civil law, and the stipulations of the founder or donor or lawful authority; they are to take special care that damage will not be suffered by the Church through the non-observance of the civil law; 4° seek accurately and at the proper time the income and produce of the goods, guard them securely and expend them in accordance with the wishes of the founder or lawful norms; 5° at the proper time pay the interest that is due by reason of a loan or pledge, and take care that in due time the capital is repaid; 

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6° with the consent of the Ordinary make use of money which is surplus after payment of expenses and which can be profitably invested for the purposes of the juridical person; 7° keep accurate records of income and expenditure; 8° draw up an account of their administration at the end of each year; 9° keep in order and preserve in a convenient and suitable archive the documents and records establishing the rights of the Church or institute to its goods; where conveniently possible, authentic copies must be placed in the curial archives. §3 It is earnestly recommended that administrators draw up each year a budget of income and expenditure. However, it is left to particular law to make this an obligation and to determine more precisely how it is to be presented. Can. 1285 Solely within the limits of ordinary administration, administrators are allowed to make gifts for pious purposes or Christian charity out of the movable goods that do not form part of the stable patrimony. Can. 1286 Administrators of temporal goods: 1° in making contracts of employment, are accurately to observe also, according to the principles taught by the Church, the civil laws relating to labor and social life 2° are to pay to those who work for them under contract a just and honest wage that will be sufficient to provide for their needs and those of their dependents. Can. 1287 §1 Where ecclesiastical goods of any kind are not lawfully withdrawn from the power of governance of the diocesan Bishop, their administrators, both clerical and lay, are bound to submit each year to the local Ordinary an account of their administration, which he is to pass on to his finance committee for examination. Any contrary custom is reprobated. §2 Administrators are to render accounts to the faithful concerning the goods they have given to the Church, in accordance with the norms to be laid down by particular law. Can. 1288 Administrators are not to begin legal proceedings in the name of a public juridical person, nor are they to contest them in a secular court, without first obtaining the written permission of their proper Ordinary. Can. 1289 Although they may not be bound to the work of administration by virtue of an ecclesiastical office, administrators may not arbitrarily relinquish the

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work they have undertaken. If they do so, and this occasions damage to the Church, they are bound to restitution.  TITLE III: CONTRACTS AND ESPECIALLY ALIENATION Can. 1290 Without prejudice to Can. 1547[], whatever the local civil law decrees about contracts, both generally and specifically, and about the voiding of contracts, is to be observed regarding goods which are subject to the power of governance of the Church, and with the same effect, provided that the civil law is not contrary to divine law, and that canon law does not provide otherwise. Can. 1291 The permission of the authority competent by law is required for the valid alienation of goods that, by lawful assignment, constitute the stable patrimony of a public juridical person, whenever their value exceeds the sum determined by law. Can. 1292 §1 Without prejudice to the provision of Can. 638 §3, when the amount of the goods to be alienated is between the minimum and maximum sums to be established by the Episcopal Conference for its region, the competent authority in the case of juridical persons not subject to the diocesan Bishop is determined by the juridical person’s own statutes. In other cases, the competent authority is the diocesan Bishop acting with the consent of the finance committee, of the college of consultors, and of any interested parties. The diocesan Bishop needs the consent of these same persons to alienate goods that belong to the diocese itself. §2 The permission of the Holy See also is required for the valid alienation of goods whose value exceeds the maximum sum, or if it is a question of the alienation of something given to the Church by reason of a vow, or of objects which are precious by reason of their artistic or historical significance. §3 When a request is made to alienate goods that are divisible, the request must state what parts have already been alienated; otherwise, the permission is invalid. §4 Those who must give advice about or consent to the alienation of goods are not to give this advice or consent until they have first been informed precisely both about the economic situation of the juridical person whose goods it is proposed to alienate and about alienations which have already taken place. Can. 1293 §1 To alienate goods whose value exceeds the determined minimum sum, it is also required that there be: 1° a just reason, such as urgent necessity, evident advantage, or a religious, charitable or other grave pastoral reason;

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 2° a written expert valuation of the goods to be alienated. §2 To avoid harm to the Church, any other precautions drawn up by lawful authority are also to be followed. Can. 1294 §1 Normally goods must not be alienated for a price lower than that given in the valuation. §2 The money obtained from alienation must be carefully invested for the benefit of the Church, or prudently expended according to the purposes of the alienation. Can. 1295 The provisions of cann. 1291-1294, to which the statutes of juridical persons are to conform, must be observed not only in alienation, but also in any dealings in which the patrimonial condition of the juridical person may be jeopardized. Can. 1296 When alienation has taken place without-the prescribed canonical formalities, but is valid in civil law, the competent authority must carefully weigh all the circumstances and decide whether, and if so what, action is to be taken, namely personal or real, by whom and against whom, to vindicate the rights of the Church. Can. 1297 It is the duty of the Episcopal Conference, taking into account the local circumstances, to determine norms about the leasing of ecclesiastical goods, especially about permission to be obtained from the competent ecclesiastical authority. Can. 1298 Unless they are of little value, ecclesiastical goods are not to be sold or leased to the administrators themselves or to their relatives up to the fourth degree of consanguinity or affinity, without the special written permission of the competent authority.  TITLE IV : PIOUS DISPOSITIONS IN GENERAL AND PIOUS FOUNDATIONS Can. 1299 §1 Those who by the natural law and by canon law can freely dispose of their goods may leave them to pious causes either by an act inter vivos or by an act mortis causa. §2 In arrangements mortis causa in favor of the Church, the formalities of the civil law are as far as possible to be observed. If these formalities have been omitted, the heirs must be advised of their obligation to fulfill the intention of the testator. Can. 1300 The intentions of the faithful who give or leave goods to pious causes, whether by an act inter vivos or by an act mortis causa, once lawfully accepted,

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are to be most carefully observed, even in the manner of the administration and the expending of the goods, without prejudice to the provisions of Can. 1301 §3. Can. 1301 §1 The Ordinary is the executor of all pious dispositions whether made mortis causa or inter vivos. §2 By this right the Ordinary can and must ensure, even by making a visitation, that pious dispositions are fulfilled. Other executors are to render him an account when they have finished their task. §3 Any clause contrary to this right of the Ordinary that is added to a last will, is to be regarded as non-existent. Can. 1302 §1 Anyone who receives goods in trust for pious causes, whether by an act inter vivos or by last will, must inform the Ordinary about the trust, as well as about the goods in question, both movable and immovable, and about any obligations attached to them. If the donor has expressly and totally forbidden this, the trust is not to be accepted. §2 The Ordinary must demand that goods left in trust be safely preserved and, in accordance with Can. 1301, he must ensure that the pious disposition is executed. §3 When goods given in trust to a member of a religious institute or society of apostolic life, are destined for a particular place or diocese or their inhabitants, or for pious causes, the Ordinary mentioned in §§1 and 2 is the local Ordinary. Otherwise, when the person is a member of a pontifical clerical institute or of a pontifical clerical society of apostolic life, it is the major Superior; when of other religious institutes, it is the member’s proper Ordinary. Can. 1303 §1 In law the term pious foundation comprises: 1° autonomous pious foundations, that is, aggregates of things destined for the purposes described in Can. 114 §2, and established as juridical persons by the competent ecclesiastical authority. 2° non-autonomous pious foundations, that is, temporal goods given in any way to a public juridical person and carrying with them a long-term obligation, such period to be determined by particular law. The obligation is for the juridical person, from the annual income, to celebrate Masses, or to perform other determined ecclesiastical functions, or in some other way to fulfill the purposes mentioned in Can. 114 §2. §2 If the goods of a non-autonomous pious foundation are entrusted to a juridical person subject to the diocesan Bishop, they are, on the expiry of the time, to be sent to the fund mentioned in Can. 1274 §1, unless some other intention was

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expressly manifested by the donor. Otherwise, the goods fall to the juridical person itself. Can. 1304 §1 For the valid acceptance of a pious foundation by a juridical person, the written permission of the Ordinary is required. He is not to give this permission until he has lawfully established that the juridical person can satisfy not only the new obligations to be undertaken, but also any already undertaken. The Ordinary is to take special care that the revenue fully corresponds to the obligations laid down, taking into account the customs of the region or place. §2 Other conditions for the establishment or acceptance of a pious foundation are to be determined by particular law. Can. 1305 Money and movable goods which are assigned as a dowry are immediately to be put in a safe place approved by the Ordinary, so that the money or the value of the movable goods is safeguarded; as soon as possible, they are to be carefully and profitably invested for the good of the foundation, with an express and individual mention of the obligation undertaken, in accordance with the prudent judgment of the Ordinary when he has consulted those concerned and his own finance committee. Can. 1306 §1 All foundations, even if made orally, are to be recorded in writing. §2 One copy of the document is to be carefully preserved in the curial archive and another copy in the archive of the juridical person to which the foundation pertains. Can. 1307 §1 When the provisions of cann. 1300-1302 and 1287 have been observed, a document showing the obligations arising from the pious foundations is to be drawn up. This is to be displayed in a conspicuous place, so that the obligations to be fulfilled are not forgotten. §2 Apart from the book mentioned in Can. 958 §1, another book is to be kept by the parish priest or rector, in which each of the obligations, their fulfillment and the offering given, is to be recorded. Can. 1308 §1 The reduction of Mass obligations, for a just and necessary reason, is reserved to the Apostolic See, without prejudice to the provisions that follow. §2 If this is expressly provided for in the document of foundation, the Ordinary may reduce Mass obligations on the ground of reduced income. §3 In the cases of Masses given in legacies or in foundations of any kind, which are solely for the purpose of Masses, the diocesan Bishop has the power, because of the diminution of income and for as long as this persists, to reduce

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the obligations to the level of the offering lawfully current in the diocese. He may do this, however, only if there is no one who has an obligation to increase the offering and can actually be made to do so. §4 The diocesan Bishop has the power to reduce the obligations or legacies of Masses that bind an ecclesiastical institute, if the revenue has become insufficient to achieve in a fitting manner the proper purpose of the institute. §5 The supreme Moderator of a clerical religious institute of pontifical right has the powers given in §§3 and 4. Can. 1309 Where a fitting reason exists, the authorities mentioned in Can. 1308 have the power to transfer Mass obligations to days, churches or altars other than those determined in the foundation. Can. 1310 §1 The intentions of the faithful in pious cases may be reduced, directed or changed by the Ordinary, if the donor has expressly conceded this power to him, but only for a just and necessary reason. §2 If it has become impossible to carry out the obligations because of reduced income, or for any other reason arising without fault on the part of the administrators, the Ordinary can diminish these obligations in an equitable manner, with the exception of the reduction of Masses, which is governed by the provisions of Can. 1308. He may do so only after consulting those concerned and his own finance committee, keeping in the best way possible to the intention of the donor. §3 In all other cases, the Apostolic See is to be approached. 

Appendix 2(For those interested, the canons on monks and religious from the Oriental Code)TITLE XII MONKS AND OTHER RELIGIOUS AS WELL AS MEMBERS OF OTHER INSTITUTES OF CONSECRATED LIFE

CAPUT I DE MONACHIS CETERISQUE RELIGIOSIS

Art. I CANONES GENERALES

Canon 410 - The religious state is a stable mode of common life in an institute approved by the Church, in which the Christian faithful, by closer following Christ, the teacher and exemplar of holiness, under the action of the Holy Spirit, totally dedicate themselves by a new and special title through public vows of obedience, chastity and poverty, observed according to the norms of the statutes under a lawful superior, they renounce the world and totally dedicate themselves to the acquisition of perfect charity in service to the Kingdom of God for the building up

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of the Church and the salvation of the world as a sign of the foretelling of heavenly glory.

Canon 411 - The religious state shall be encouraged and promoted by all.

1° De dependentia religiosorum ab Episcopo eparchiali, a Patriarcha, a Sede Apostolica.

Canon 412 - §1. All religious are subject to the Roman Pontiff as their supreme superior, being bound by the obligation to obey him also in virtue of the vow of obedience. §2. In order to provide better for the welfare of institutes and for the needs of the apostolate, the Roman Pontiff can by reason of his primacy over the universal Church, contemplating the common welfare, exempt institutes of consecrated life from the rule of the eparchial bishop and subject them to him alone or to another ecclesiastical authority.

Canon 413 - Religious institutes are subject with respect to internal rule and religious discipline, unless law provides otherwise, directly and exclusively to the Apostolic See if they are of pontifical right; if they are of patriarchal or eparchial right, they are directly subject to the patriarch or eparchial bishop, with due regard for can. 418, §2.

Canon 414 - §1. With respect to monasteries and congregations of eparchial right, it pertains to the eparchial bishop: 1° to approve typicon of monasteries and statutes of congregations, and to approve changes introduced into them in accordance with the norm of law, except those which had been approved by a higher authority; 2° to grant dispensations that exceed the power of the religious superiors from the same typicon or statutes, when lawfully requested from him, in single cases and for individual occasions only; 3° to make a visitation of monasteries, including dependent ones, as well as of each house of congregations located in his territory, whenever he conducts a canonical visitation there as well as when truly special reasons require it according to his judgment. §2. These rights pertain to the patriarch with respect to orders and congregations of patriarchal right which have their headquarters within the territorial boundaries of the Church over which he presides; otherwise the same rights with respect to all orders, as well as to monasteries and congregations which are not of eparchial right, belong to the Apostolic See alone. §3. When a congregation of eparchial right has extended itself to other eparchies, nothing can validly be changed in the statutes, except by the consent of the eparchial bishop of the eparchy where the principal house is located, however, after consultation with the eparchial bishops in whose eparchies the other houses are located.

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Canon 415 - §1. All religious are subject to the authority of the local hierarch in matters which pertain to the public celebration of divine worship, to the preaching of the word of God to the people, to the religious and moral education of the Christian faithful, especially of children, to catechetical and liturgical instruction and to what becomes the clerical state, as well as to various works of the apostolate. §2. It is the right and duty of the eparchial bishop to make a visitation of each monastery and of houses of orders and congregations in his territory in respect to the matters mentioned in 1 as often as he conducts a Canonical visitation there or whenever he judges that grave reasons suggest it. §3. The eparchial bishop can entrust apostolic work or duties pertaining to the eparchy to religious only with the consent of the competent superiors, without prejudice to common law and with observance of the religious discipline of the institutes safeguarding their own character and specific purpose. §4. Religious who committed a delict outside their house and have not been punished by their proper superior and who have been warned by the local hierarch, can be punished by that hierarch even if they have lawfully left and have returned to the house.

Canon 416 - Patriarchs as well as local hierarchs shall foster meetings with the superiors of religious at stated times or whenever this appears appropriate in order that the apostolate exercised by the members may be carried out in common concert and harmony.

Canon 417 - If abuses have crept into houses of institutes of patriarchal or of pontifical right or in their churches, and the superior, warned by the local hierarch, has failed to take care of it, the same local hierarch is obliged to defer the matter without delay to the attention of the authority to which the institute is immediately subject.

2° De Superioribus et de sodalibus institutorum religiosorum

Canon 418 - §1. Major superiors are: the president of a monastic confederation, the superior of a monastery sui iuris, the superior general of an order or congregation, the provincial superior, their vicars and others who have power corresponding to provincials, and also those who, if the aforementioned are missing, in the meantime legitimately succeed them in office. §2. Under the designation of superior of monks and other religious does not come either the local hierarch or the patriarch, without prejudice to the canons that assign power over them to the patriarch or to the local hierarch.

Canon 419 - §1. The president of a monastic confederation, the superior of a non-confederated monastery sui iuris, the superior general of the order or congregation, are obliged to forward a report on the state of the institutes which they head to the authority to which they are immediately subject at least every five years, according to the form prescribed by the same authority.

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§2. Superiors of institutes of eparchial or patriarchal right shall send a copy of their report to the Apostolic See.

Canon 420 - §1. Major superiors who are designated as visitators by the typicon of monasteries or statutes of orders and congregations, shall make a visitation at the times determined in them of all houses subject to them in person or through another if they are legitimately impeded. §2. The members shall trust the visitator, and they are obliged to respond according to the truth in charity to lawful questioning; and indeed, no one has the right to divert the members from this obligation by any means or to hinder the object of the visitation in any manner. §3. The local hierarch must visit all religious houses, if the major superior who has the right of visitation has not made a visitation after five years, and after being warned by the local hierarch, still has neglected to visit them.

Canon 421 - Superiors are bound by a grave obligation to take care that the members committed to them conduct their lives in accordance with the proper typicon or statutes; superiors shall help the members by example and exhortation in pursuing the purpose of the religious state, and they are to make suitable provision for their personal needs, to care zealously for the sick and to visit them, to reprove the unruly, to console the fainthearted, and to be patient towards all.

Canon 422 - §1. Superiors are to have their own permanent council, established according to the norm of the typicon or statutes, whose cooperation they are to employ in exercising their office. In cases prescribed by the law they are obliged to seek its consent or counsel in accordance with the norm of can. 934. §2. Particular law shall provide whether in houses of less than six members a council shall be established or not.

Canon 423 - A monastery, monastic confederation, order and congregation and their provinces and houses, legitimately erected, are by the law itself juridic persons. Their capacity, however, of acquiring, possessing, administering or alienating temporal property can be excluded or limited by the typicon or statutes.

Canon 424 - In the typicon or statutes norms shall be established for the use and the administration of property which promote, express and protect the their own form of poverty.

Canon 425 - The temporal property of religious institutes is governed by cann. 1007-1054, unless common law provides otherwise or it appears otherwise from the nature of the matter.

Canon 426 - Each and every religious, whether superior or subject, is obliged not only to observe faithfully and integrally the vows which they have professed, but also to arrange his or her life according to the typicon or statutes thus having

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faithfully observed the intention and determinations of the founder, and so tend to the perfection of his or her state.

Canon 427 - Each and every religious is bound by the obligations to which clerics are obliged by common law, unless the law provides otherwise or it appears otherwise from the nature of the matter.

Canon 428 - A member in perpetual vows is enrolled in the religious institute as a cleric by ordination as a deacon, or, in case of a cleric already enrolled in an eparchy, by perpetual profession.

Canon 429 - Letters of religious to their superiors and also to the local hierarch, patriarch, legate of the Roman Pontiff, and the Apostolic See, as well as the letters which they themselves receive from them, are not subject to any inspection.

Canon 430 - It is not permitted to confer on religious merely honorific titles of dignities or offices; unless the typicon or statutes permit this in regard to the title of major superior that the religious already has exercised.

Canon 431 - §1. Without the written consent of the major superior, a religious cannot be promoted after the first vows to dignities or offices outside the institute, except those that are conferred in an election by the synod of bishops of a patriarchal Church and without prejudice to can. 89, §2; having fulfilled the function, the religious must return to the monastery, order or congregation. §2. A religious who becomes a patriarch, bishop or exarch: 1° remains bound by the vows and by the other obligations of his profession, except those that he himself prudently judges incompatible with his dignity. He lacks active and passive voice in his own monastery, order or congregation, and is not subject to the authority of the superiors, and remains subject in virtue of the vow of obedience only to the Roman Pontiff; 2° however, having fulfilled the office (munus), he is to return to his monastery, order or congregation, without prejudice to what is specified in cann. 62 and 211, he can possess active and passive voice, if the typicon or statutes permit it. §3. A religious who becomes a patriarch, bishop or exarch: 1° if through profession he lost the capacity of acquiring the ownership of goods, he has the use, usufruct and administration of goods which come to him; whatever a patriarch, eparchial bishop, or exarch acquires, he acquires for the patriarchal Church, eparchy, or exarchy; all others, for the monastery or order; 2° if through profession he did not lose the ownership of goods, he regains the use, usufruct, and administration of the goods that he had; he fully acquires for himself those that come to him afterwards; 3° in either case he must dispose of the goods coming to him according to the will of the donors when they do not come to him for personal reasons.

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Canon 432 - A dependent monastery, a house or province of a religious institute of any Church sui iuris, also of the Latin Church, which with the approval of the Apostolic See is attached to another Church sui iuris, must observe the prescriptions of this latter Church, save for the prescriptions of the typicon or statutes which refer to the internal governance of this religious institute and the privileges granted by the Apostolic See.

Art. II DE MONASTERIIS

Canon 433 - §1. A monastery is a religious house in which the members strive toward evangelical perfection by the observation of the rules and traditions of monastic life. §2. A monastery sui iuris is one that does not depend on another one and which is governed by its own typicon approved by competent authority.

Canon 434 - A monastery is of pontifical right if it was erected by the Apostolic See or recognized as such by its decree; of patriarchal right if it is a stauropegial one; of eparchial right if it was erected by the bishop but has not obtained a decree of recognition from the Apostolic See.

1° De erectione et de suppressione monasteriorum

Canon 435 - §1. The eparchial bishop is competent to erect a monastery sui iuris, having consulted the patriarch within the territorial boundaries of the patriarchal Church, or, in other instances, the Apostolic See. §2. It is reserved to the patriarch to erect a stauropegial monastery.

Canon 436 - §1. Every monastery sui iuris can have dependent monasteries, among which some are called filial if, according to their own act of erection or to the decree given according to the typicon, they can be likened to monasteries sui iuris; otherwise they are called subsidiary. §2. For the valid erection of a dependent monastery, the written consent of the authorities to which the monastery sui iuris is subject and of the eparchial bishop where the monastery is to be a erected, is required.

Canon 437 - §1. The permission for erecting a monastery, even a dependent one, includes with it the permission to have a church and to perform sacred ministries as well as to carry out religious works proper to the monastery in accordance with the norm of the typicon, without prejudice to the conditions lawfully stipulated in the document of erection. §2. Written permission of the eparchial bishop is required in the case of any monastery for the construction and opening of schools, guest-houses or similar buildings distinct from the monastery. §3. In order to convert a monastery to other uses, the same formalities are required as for erecting it, except when it concerns a conversion that concerns only the internal governance and religious discipline.

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Canon 438 - §1. The patriarch is competent to suppress, within the territorial boundaries of the Church over which he presides, a monastery sui iuris or a filial one of eparchial right or a stauropegial one, for a grave reason, with the consent of the permanent synod and at the request of, or after having consulted, the eparchial bishop if the monastery is of eparchial right, and after having consulted the superior of the monastery, and the president of the confederation should the monastery be confederated, save for the right of suspensive recourse to the Roman Pontiff. §2. Other monasteries sui iuris or filial monasteries can be suppressed only by the Apostolic See. §3. A subsidiary monastery can be suppressed by a decree given by the superior of the monastery on which it depends in accordance with the norms of the typicon, with the prior consent of the eparchial bishop. §4. The property of a suppressed monastery sui iuris reverts to the confederation if it was confederated; otherwise upon the eparchy, or, if it was stauropegial, upon the patriarchal Church. The property of a suppressed dependent monastery devolves upon the monastery sui iuris. To decide on the property of a monastery of papal right is reserved to the Apostolic See, without prejudice in all instances to the will of the donors.

Canon 439 - §1. Several monasteries sui iuris subject to the same eparchial bishop may form a confederation with the written consent of the eparchial bishop, who is also entitled to approve the statutes of the confederation. §2. The confederation of several monasteries sui iuris of different eparchies or of stauropegial monasteries located within the territorial boundaries of a patriarchal Church may be established after consultation with the eparchial bishops who have an interest, with the consent of the patriarch, to whom is also reserved the approval of the constitutions of the confederation. §3. In other instances, the Apostolic See is to be approached for the establishment of a confederation.

Canon 440 - §1. The aggregation of a non-confederated monastery sui iuris to, or the withdrawal from a confederation is reserved to the same authority spoken of in can. 439. §2. A confederation, however, within the territorial boundaries of a patriarchal Church can be suppressed only by the patriarch, with the consent of the synod of bishops of the patriarchal Church, after consultation with the eparchial bishops who have an interest, and of the president of the confederation, without prejudice to suspensive recourse to the Roman Pontiff; the suppression of other confederations is reserved to the Apostolic See. §3. It is reserved to the authority that suppressed the confederation to dispose of the property that belongs to the suppressed confederation, without prejudice to the will of the donors; in such a case the patriarch needs the consent of the permanent synod.

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2° De monasteriorum Superioribus, Synaxibus et oeconomis

Canon 441 - §1. In monasteries superiors and synaxes have that power which is determined in the common law and the typicon. §2. Superiors in monasteries sui iuris have power of governance insofar as it is expressly granted to them in law or by the authority to which they are subject, without prejudice to can. 979. §3. Beyond what is determined by common law, the power of the president of a monastic confederation must be determined in the statutes of the same confederation.

Canon 442 - Without prejudice to the typicon of the monastery requiring more, in order that a person be capable to assume the office of superior of a monastery sui iuris, it is required that the person be perpetually professed, be professed at least ten years, and is at least forty years old.

Canon 443 - §1. The superior of a monastery sui iuris is to be elected by the synaxis convened according to the norms of the typicon and having observed cann. 947-960, without prejudice to the right of the bishop of the eparchy to preside at the synaxis of election in person or through another. §2. At the synaxis of election of the superior of a confederate monastery sui iuris, the president of the confederation presides over the election in person or through another.

Canon 444 - §1. The office of superior of a monastery sui iuris is conferred for an indeterminate time, unless the typicon states otherwise. §2. Unless the typicon prescribes otherwise, superiors of dependent monasteries are appointed by the superior of the monastery sui iuris for a time determined in the typicon itself, with the consent of the council if the monastery is filial, but after consulting the council if it is a subsidiary one. §3. Superiors who have completed the seventy-fifth year of age, or who have become less capable of fulfilling the duties of their office because of failing health or some other grave cause, shall submit a resignation from office to the synaxis, which is to accept it.

Canon 445 - Members of the synaxis of election shall seriously strive to elect those whom they know for sure before the Lord as being truly worthy and suited for the office of superior, abstaining from any abuse whatever, especially from procuring votes for themselves or for others.

Canon 446 - The superior shall reside in the monastery and shall not be absent from it except according to the norm of the typicon.

Canon 447 - §1. There shall be a finance officer for the administration of temporal property in a monastery, who shall discharge this office under the direction of the superior.

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§2. The superior of a monastery sui iuris shall not perform at the same time the duties of finance officer; the duties of finance officer of a dependent monastery, however, although it is better that it be separated from the office of superior, may nevertheless by joined with it if necessity demands it. §3. The finance officer is appointed by the superior of the monastery sui iuris with the consent of the council unless the typicon states otherwise.

3° De admissione in monasterium sui iuris et de novitiatu

Canon 448 - For one to be admitted into a monastery sui iuris it is required that the person is moved by the right intention, is suited for leading a monastic life and is not prevented by any impediment established by the law.

Canon 449 - Before being admitted to the novitiate, a candidate is to live in the monastery under the special care of an experienced monk for a period of time specified in the typicon.

Canon 450 - Without prejudice to prescriptions of the typicon which require more, the following cannot be validly admitted to the novitiate: 1° non-Catholics; 2° those who have been punished with canonical penalties except those mentioned in can. 1426, §1; 3° those, who are under imminent threat of a serious penalty on account of a crime of which they are legitimately accused; 4° those who are under 18 years of age, except if it is the case of a monastery which has temporary profession, in which instance 17 years of age is sufficient; 5° those who are entering the monastery induced by force, grave fear or by fraud or those, who are admitted by a superior induced in the same way; 6° spouses, during a marriage; 7° those who are held by the bond of religious profession or by another sacred bond to an institute of consecrated life, unless it is a case of lawful transfer.

Canon 451 - No one can be admitted licitly to the novitiate of a monastery of another Church sui iuris without the permission of the Apostolic See, unless it is the case of candidates who are destined for a dependent monastery of their own Church as mentioned in can. 432.

Canon 452 - §1. Clerics enrolled in an eparchy cannot be licitly admitted to the novitiate without consulting their own eparchial bishop nor can they be admitted licitly, if the eparchial bishop objects to it because their departure will result in grave harm to souls which cannot be prevented otherwise; or if it concerns those who are destined to the priesthood in a monastery but are restrained by some impediment established in law. §2. Likewise, parents whose help is necessary in raising and educating children cannot be licitly admitted to the monastery, as well as children who are obligated

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to assist a father or mother, a grandfather or grand-mother who are in great need, unless the monastery has provided otherwise for this.

Canon 453 - §1. It is the superior of an monastery sui iuris who admits to the novitiate after having consulted the council. §2. Superiors themselves must make certain of the suitability and the full freedom of a candidate in choosing the monastic state by using appropriate means. §3. In respect to the submission of documents as well as the various testimonials concerning their good conduct and suitability, the prescriptions of the typicon shall be followed.

Canon 454 - Norms are to be determined in the typicon concerning the dowry, where it is required to be furnished by aspirants, to be administered under the special supervision of the local hierarch, as well as in respect to the restitution of the entire dowry, without the income already accrued, to one who is leaving the monastery for whatever reason.

Canon 455 - The novitiate begins with the reception of the monastic habit or in any other manner prescribed in the typicon.

Canon 456 - §1. A monastery sui iuris can have its own novices who shall be initiated into monastic life in the same monastery under the direction of a suitable member. §2. In order that the novitiate be valid, it must be performed in the monastery sui iuris itself, or, by a decision of the superior, after consulting the council, in another monastery sui iuris of the same confederation. §3. If a monastery sui iuris, whether a confederated one or a non-confederated one, cannot comply with the prescriptions on the formation of novices, the superior is obliged to send the aspirants to another monastery in which the same prescriptions are conscientiously observed.

Canon 457 - §1. In order that the novitiate be valid, it must last for three full and continuous years, but in monasteries in which a temporary profession precedes final profession, one year is sufficient. §2. In every year of the novitiate, an absence of three months, continuous or with interruptions, does not affect the validity of the novitiate, but the unfinished time must be made up, unless it does not exceed fifteen days. §3. The novitiate shall not be extended beyond three years, without prejudice to can. 461, §2.

Canon 458 - §1. The formation of the novices is to be entrusted as to a director in accordance with the norms of the typicon to a member distinguished by prudence, charity, piety, knowledge and experience in the observance of monastic life, professed for at least ten years.

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§2. The rights and duties of this director, especially in respect to the manner of formation of the novices, as well as to the director's relations to the synaxis and the superior of the monastery, are to be determined in the typicon.

Canon 459 - §1. Constantly during the novitiate the hearts of novices are to be fashioned under the leadership of the director in the study of the typicon, in pious meditations and assiduous prayer, so that they may thoroughly learn what pertains to the vows and the virtues, to engage in suitable exercises to root out vices in order to curb the movements of the soul and to acquire virtues. §2. During the novitiate, novices shall not be assigned to tasks outside the monastery nor engage in the regular study of letters, science or the arts.

Canon 460 - A novice cannot validly renounce his or her property in any manner whatever nor can a novice burden it with obligations, with due regard for can. 467, §1.

Canon 461 - §1. A novice can freely leave the monastery sui iuris or be dismissed for a just cause by the superiors or the synaxis in accordance with the typicon. §2. When the novitiate is completed, a novice shall be admitted to profession if judged suitable, otherwise the novice is to be dismissed. If a doubt remains whether a novice is suitable, the time of novitiate can be prolonged in accordance with the norms of the typicon but not beyond one year.

4° De consecratione seu professione monastica

Canon 462 - §1. The monastic state is definitively assumed with perpetual profession, which includes the three perpetual vows of obedience, chastity and poverty. §2. In the making of profession the prescriptions of the typicon and the liturgical books shall be observed.

Canon 463 - The typicon of the monastery shall be observed in what pertains to the different degrees of monastic profession, with due regard for the juridic force of the profession according to common law.

Canon 464 - For the validity of perpetual monastic profession it is required: 1° that the novitiate has been validly completed; 2° that the novice be admitted to profession by the superior of the proper monastery sui iuris with the consent of the council, and that the profession be received by the same superior in person or by another; 3° that the profession be expressed and made without force, grave fear or fraud; 4° that other requirements in the typicon for the validity of the profession be fulfilled.

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Canon 465 - What is prescribed in common law for temporary profession has force also with respect to monasteries in which such a profession in accordance with the typicon precedes perpetual profession.

Canon 466 - Perpetual monastic profession renders acts that are contrary to the vows invalid if the acts can be nullified.

Canon 467 - §1. A candidate for perpetual monastic profession must, within sixty days prior to the profession, renounce in favor of whomever the candidate prefers all goods which he or she actually possesses on condition that the profession subsequently takes place; a renunciation made before this time is by the law itself invalid. §2. As soon as the profession has been made, all necessary steps shall be taken at once in order that the renunciation become effective also in civil law.

Canon 468 - §1. Any temporal goods whatsoever which accrue to the member after perpetual profession in virtue of any title are acquired by the monastery. §2. The monastery is responsible for the debts and obligations that the member incurred after final profession with the permission of the superior. If, however, the member incurred debts without permission of the superior, the member must be held responsible. §3. It shall be a fixed rule that an action can always be brought against one who has profited from the contract entered into.

Canon 469 - Having made perpetual profession, a member loses by the law itself whatever offices he or she may have held as well as his own eparchy, and is joined to the monastery with the full effects of law.

Canon 470 - The document certifying that perpetual profession has been made, signed by the member and by the one who received the profession, even by delegation, shall be preserved in the archives of the monastery. The superior of the monastery sui iuris is to notify as soon as possible the pastor with whom the baptism of the professed is recorded.

5° De institutione sodalium et de disciplina monastica

Canon 471 - §1. The manner of formation of members is to be determined in the typicon in such a way that they be permanently motivated to aim more fully toward holiness of life as well as that their abilities be developed through the study of sacred doctrine and the acquisition of human culture in accordance with the needs of the time, and that they thereby become more adept in the arts and tasks which are legitimately undertaken by the monastery. §2. The formation of monks destined for sacred orders is to proceed according to the plan of formation of clerics prescribed in can. 330 in the monastery itself, if it has a facility of studies set up according to can. 340, §1, or under the direction

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of an experienced moderator in another seminary or institute of higher studies approved by ecclesiastical authority.

Canon 472 - The superior of a monastery sui iuris can grant dimissorial letters for sacred orders to his members, after they have made perpetual profession, and in accordance with the norm of the typicon. These letters are to be sent to the local eparchial bishop where the monastery is located, even if it is a dependent monastery, or, if it is a stauropegial monastery, to the bishop designated by the patriarch.

Canon 473 - §1. In individual monasteries the divine praises are to be celebrated daily according to the typicon and legitimate customs. Likewise, the Divine Liturgy shall be celebrated on all days except those that are excluded by the prescriptions of the liturgical books. §2. The superiors of monasteries shall take care that all members, in accordance with the typicon: 1° who are not lawfully prevented take part daily in the divine praises and Divine Liturgy when they are celebrated, take time for contemplation of divine things, and diligently apply themselves to other exercises of piety; 2° can freely and often approach spiritual fathers and confessors; 3° make a spiritual retreat for several days every year.

Canon 474 - §1. The members of monasteries shall receive the sacrament of penance often in accordance with the norm of the typicon. §2. Without prejudice to the typicon advising that confession be made to certain confessors, all members of the monastery can without interference with the discipline of the monastery, receive the sacrament of penance from any priest possessing the faculty to administer this sacrament.

Canon 475 - §1. In each monastery, in accordance with the number of members, several spiritual fathers and confessors shall be assigned by the superior of the monastery, if it is the case of priest-monks of the same monastery who have the faculty of administering the sacrament of penance; otherwise by the local hierarch, after he has heard the superior of the monastery sui iuris, who before that must consult with the interested community. §2. For monasteries in which there are no priest-monks, the local hierarch shall designate in the same manner a priest who will regularly celebrate the Divine Liturgy and preach the word of God in the monastery, with due regard for can. 612, §2.

Canon 476 - Members of the monastery, whether within or outside the monastery, are to wear the monastic habit prescribed by their own typicon.

Canon 477 - §1. The enclosure shall be observed in monasteries in the manner prescribed in the typicon, without prejudice to the right of the superior to admit, in individual instances and for a grave reason, into parts subject to the enclosure

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persons of the other gender other than those who may enter the enclosure in accordance with the typicon. §2. The parts of the monastery subject to the law of enclosure shall be clearly indicated. §3. It is up to the superior of a monastery sui iuris, with the consent of the council and after notifying the local hierarch, to prescribe precisely the boundaries of the enclosure or to change them for just reasons.

Canon 478 - The superior of the monastery may permit that members stay outside the monastery for a time determined in the typicon. However, for an absence that exceeds one year, unless it is for reason of study or illness, the permission is required of the authority to whom the monastery is subject.

Canon 479 - If, in the judgment of the local hierarch, the assistance of monasteries is needed in the catechetical instruction of the people, all superiors, when requested by that hierarch, must provide such instruction to the people themselves or through others in their own churches.

Canon 480 - A parish cannot be established in the church of a monastery, nor can monks be appointed pastors without the permission of the patriarch within the territorial boundaries of the Church over which he presides, or in other cases, of the Apostolic See.

6° De eremitis

Canon 481 - A hermit is a member of a monastery sui iuris who has given himself or herself totally into heavenly contemplation and who is totally separated from people and the world.

Canon 482 - In order to undertake the life of a hermit, it is necessary that the member has obtained the permission of the superior of the monastery sui iuris to which the member belongs, given with the consent of the council, and has lived in a monastery at least six years calculated from the day of perpetual profession.

Canon 483 - The place where the hermit lives is to be designated by the superior of the monastery and is in a special manner separated from the world and from other parts of the monastery; but if the place is situated outside the territory of the monastery, the written consent of the local hierarch is also required.

Canon 484 - The hermit depends on the superior of the monastery and is obliged by the canons on monks and the typicon of the monastery insofar as they can be reconciled with life as a hermit.

Canon 485 - The superior of the monastery sui iuris has the authority, with the consent of the council, to terminate the eremitical life for just reasons, even against the wish of the hermit.

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7° De monasterio stauropegiaco

Canon 486 - §1. The patriarch can for a grave reason, having consulted the eparchial bishop and with the consent of the permanent synod, concede the status of a stauropegial monastery in the very act of foundation of a monastery sui iuris. §2. The stauropegial monastery is directly subject to the patriarch in such a way that only he himself enjoys the rights and obligations of an eparchial bishop toward the monastery, the members assigned to it, as well as the persons who day and night dwell in the monastery. Other persons, however, connected with the monastery are subject directly and exclusively to the patriarch only in those aspects which concern their duties and offices.

8° De transitu ad aliud monasterium

Canon 487 - §1. A member cannot transfer from one monastery sui iuris to another of the same confederation without written permission of the president of the confederation. §2. For a transfer from a non-confederated monastery to another monastery subject to the same authority, the permission of the same authority is required; but if the monastery to which the transfer is sought is subject to another authority, the permission of this authority is also required. §3. The patriarch, the eparchial bishop and the president of the confederation cannot grant this permission except after having consulted the superior of the monastery sui iuris from which the transfer is sought. §4. For a valid transfer to a monastery of another Church sui iuris the permission of the Apostolic See is required. §5. The transfer occurs by the admission of the superior of the new monastery sui iuris with the consent of the synaxis.

Canon 488 - §1. The one who transfers to another monastery sui iuris of the same confederation does not make the novitiate nor make a new profession, and from the day of the transfer he loses all rights and is released from the obligations towards the previous monastery and takes on the rights and duties of the second, and is enrolled in it as a cleric, if he is a cleric. §2. The one who transfers from one monastery sui iuris to another monastery sui iuris that does not belong to any confederation or belongs to a different one shall observe the prescription of the typicon of the monastery to which he or she transfers in respect to the obligation to make a novitiate and profession. If there is no provision for it in the typicon, the person does not make the novitiate nor a new profession, but the effects take place from the day of transfer, unless the superior of the monastery requires the person to go through some probationary period, not longer than a year, in the new monastery. When the probationary time has passed, he or she either shall be enrolled permanently in the new monastery

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by the Superior with the consent of the council or synaxis in accordance with the typicon, or shall return to the previous monastery. §3. In the transfer from a monastery sui iuris to an order or congregation cann. 544 and 545 are to be observed, with the necessary adaptations. §4. The monastery sui iuris from which the member transferred keeps the goods which had been already acquired by it because of or through the member. In respect to a dowry, it belongs to the monastery to which transfer occurs, from the day of the transfer, without the revenues that have accrued.

9° De exclaustratione et de discessu a monasterio

Canon 489 - §1. The indult of exclaustration can be granted only to a member of a monastery sui iuris who is in perpetual vows. When this member petitions, the indult can be granted by the authority to whom the monastery is subject after hearing the superior of the monastery sui iuris along with the council. §2. The eparchial bishop can grant this indult only for up to three years.

Canon 490 - Exclaustration can be imposed by the authority to which the monastery is subject, at the request of the superior of the monastery sui iuris with the consent of the council, for grave reasons and with observance of equity and charity.

Canon 491 - The exclaustrated member remains bound by the vows and other obligations of the monastic profession which are compatible with his or her condition; the member must put off the monastic habit; during the time of the exclaustration he or she lacks active and passive voice and is subject to the eparchial bishop of the place where he or she dwells in place of the superior of his or her own monastery also in virtue of the vow of obedience.

Canon 492 - §1. The perpetually professed member shall not request the indult to leave the monastery and return to secular life except for the most grave reasons, pondered before the Lord. A petition shall be submitted to the superior of the monastery sui iuris, who shall forward it, together with his or her votum and that of the council, to the Apostolic See. §2. An indult of this kind is reserved to the Apostolic See.

Canon 493 - §1. The indult of leaving the monastery and returning to secular life that has been lawfully granted and communicated to the member carries with it by the law itself, unless it was repudiated by the member at the moment of notification, the dispensation from the vows as well as from all obligations arising from profession, but not from the ones that are attached to a sacred order if he is in sacred orders. §2. If a member who had left a monastery and returned to secular life is again received into the monastery, he shall go through the novitiate and profession again as if he or she had never been in religious life.

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Canon 494 - §1. A monk in perpetual vows who is in sacred orders, if he has obtained the indult of departure from the monastery and returns to the world, cannot exercise sacred orders until he has found a benevolent eparchial bishop to receive him. §2. The eparchial bishop can receive him either unconditionally or on a trial basis for five years. In the first instance, the monk is thereby enrolled in the eparchy by the law itself; in the other case, after the completion of five years unless he was prior to that expressly dismissed.

Canon 495 - A member who, after making profession, has unlawfully left the monastery, must without delay return to it. The superiors must solicitously seek such members out and receive them back if they return moved by sincere penitence; otherwise, they shall be punished according the norm of law, even with dismissal.

Canon 496 - §1. One who during temporary profession wishes to leave the monastery for a grave reason and return to the world, shall submit a petition to the superior of the monastery sui iuris. §2. The superior shall forward this petition, together with his or her votum and that of the council, to the eparchial bishop whose competence it is, even for a monastery of pontifical right, to grant in this instance the indult of departure from the monastery and return to secular life, unless particular law reserves this to the patriarch in monasteries located within the territorial boundaries of a patriarchal Church.

10° De dimissione monachorum

Canon 497 - §1. A member shall be held dismissed from the monastery by the law itself, who: 1° has publicly rejected the Catholic faith; 2° has celebrated or attempted marriage, even only a civil one. §2. The superior of the monastery sui iuris, having consulted the council, shall in such cases without delay, after collecting the proofs, issue a declaration on the facts so that the dismissal is juridically established, and he or she shall inform the authority to whom the monastery is immediately subject of this as soon as possible.

Canon 498 - §1. A member who is the cause of very grave imminent external scandal or harm to the monastery, can be expelled at once from the monastery, by the superior with the consent of the council, having immediately put off the monastic habit. §2. The superior of the monastery sui iuris, if the case warrants it, shall see to it that the dismissal procedure progresses in accordance with the law, or shall defer the matter to the authority to which the monastery is subject.

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§3. A member expelled from the monastery who has received a sacred order is forbidden to exercise the order unless the authority to whom the monastery is subject has decided otherwise.

Canon 499 - A member can be dismissed during temporary profession by the superior of the monastery sui iuris with the consent of the council according to can. 552, §§2 and 3, but, for validity, the dismissal must be confirmed by the eparchial bishop, or by the patriarch if particular law decrees it for monasteries situated within the territorial boundaries of a patriarchal Church.

Canon 500 - §1. For the dismissal of a perpetually professed member, with due regard for can. 497, the president of the monastic confederation or the superior of a no-confederated monastery sui iuris is competent to issue a decree of dismissal, either of them with the consent of the council, which in this instance must be composed for validity of at least five members, including the presiding superior, in such a way that if the number of ordinary councilors is insufficient or they are absent, others are to be called in accordance with the typicon or the statutes of the confederation; the voting, however, must be done secretly. §2. In order to decide on dismissal, in addition to other conditions possibly stipulated in the typicon, it is required for validity: 1° that there is a lack of reform and the reasons for dismissal are grave, culpable and juridically proven; 2° that the dismissal was preceded, unless the nature of the reason for dismissal precludes it, by two warnings with the formal threat of dismissal, which were to no avail; 3° that the reasons for dismissal were presented in writing to the member, granting the member, after each warning, full opportunity of defense; 4° that the available time established by the typicon has elapsed since the last warning. §3. The written responses of the member shall be attached to the acts which are to be submitted to those mentioned in 1. §4. The decree of dismissal cannot be executed unless it is approved by the authority to whom the monastery is immediately subject.

Canon 501 - §1. The decree of dismissal shall be communicated as soon as possible to the interested member. §2. The member can, within ten days, either have recourse with suspensive effect, or, unless the decree of dismissal has been confirmed by the Apostolic See, demand that the case be tried in judicial proceedings. §3. The decision about the recourse against the decree of dismissal belongs to the Apostolic See, or, if it is a member who has domicile within the territorial boundaries of the patriarchal Church, to the patriarch. §4. If the case is to be treated in a judicial proceeding, it is to be done by the tribunal of the authority immediately superior to the one which has confirmed the decree of dismissal. The superior who has rendered the decree of dismissal shall

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hand over the acts collected in the matter to this tribunal and the case shall be processed according to the canons on penal trial without the possibility of appeal.

Canon 502 - By lawful dismissal, excluding that one mentioned in can. 497, all bonds as well as obligations stemming from monastic profession cease by the law itself; and if the member had been promoted to a sacred order, can. 494 is to be observed.

Canon 503 - §1. One who lawfully departs or who was lawfully dismissed from the monastery cannot claim anything from it for any kind of work performed therein. §2. The monastery, however, shall extend equitable and evangelical charity toward a member who is being separated from it.

Art. III DE ORDINIBUS ET CONGREGATIONIBUS

Canon 504 - §1. An order is a society erected by competent ecclesiastical authority in which the members, although they are not monks, make a profession which is equivalent to monastic profession. §2. A congregation is a society erected by competent ecclesiastical authority in which the members make the three public vows of obedience, chastity and poverty, which however are not equivalent to monastic profession, but have their own force according to the law.

Canon 505 - §1. An order is of pontifical right if it is erected by the Apostolic See or recognized as such by a decree of the same; of patriarchal right, if it has not obtained the decree of recognition from the Apostolic See. §2. A congregation is: 1° of pontifical right, if it is erected by the Apostolic See or recognized as such by a decree of the same; 2° of patriarchal right if, erected by the patriarch or recognized as such by his decree, and it has not obtained a decree of recognition from the Apostolic See; 3° of eparchial right if, erected by the eparchial bishop, and it has not obtained a decree of recognition from the Apostolic See or from the patriarch. §3. An order or a congregation is called clerical when, on account of the object or purpose intended by the founder or in virtue of lawful custom, under the direction of presbyters, it exercises the ministry proper to sacred orders, and is recognized as such by ecclesiastical authority.

1° De erectione et de suppressione ordinis, congregationis, provinciae, domus

Canon 506 - §1. The eparchial bishop can erect only congregations, but he shall not erect them without consulting the Apostolic See, and, in addition, within the territorial boundaries of a patriarchal Church, without consulting the patriarch. §2. The patriarch can erect orders and congregations with the consent of the permanent synod and after consulting the Apostolic See.

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§3. A congregation of eparchial right which, within the territorial boundaries of patriarchal Church, has spread to several eparchies of the same territory can become of patriarchal right by a decree of the patriarch, after he has consulted interested parties and he has obtained the consent of the permanent synod.

Canon 507 - §1. An order, even of patriarchal right, lawfully erected, although consisting of only one house, cannot be suppressed except by the Apostolic See, and to which it is also reserved to dispose of the property of the suppressed order, without prejudice to the wishes of the donors. §2. A congregation of patriarchal or eparchial right, lawfully erected, although consisting of only one house, can be suppressed, besides by the Apostolic See, by the patriarch, within the territorial boundaries of the Church over which he presides, after consultation with interested parties and with the consent of the permanent synod and of the Apostolic See.

Canon 508 - §1. A province is a part of the same order or congregation, consisting of several houses, and which a major superior rules directly. §2. To divide an order or congregation into provinces, to unite established provinces or to modify their boundaries, to erect new ones or to suppress erected ones, pertains to the authority determined by the statutes of the order or congregation. §3. To make provisions concerning the property of suppressed provinces, with due regard to justice and the wishes of the donors, pertains, unless the statutes direct otherwise, to the general synaxis, or, in urgent necessity, to the superior general with the consent of the council.

Canon 509 - §1. An order or congregation cannot validly erect a house without the written consent of the eparchial bishop. If it is the case of erecting the first house of an order or congregation of patriarchal right in some eparchy, the consent of the patriarch is required within the territorial boundaries of the patriarchal Church, or in other cases, the consent of the Apostolic See. §2. The matters mentioned in can. 437 shall apply also to houses of orders and congregations.

Canon 510 - The house of an order or congregation cannot validly be suppressed except after consultation with the eparchial bishop. The suppression of the only house of an order or a congregation is reserved to the authority which in accordance with can. 507 can suppress the order or congregation.

2° De Superioribus, de Synaxibus et de oeconomis in ordinibus et congregationibus

Canon 511 - §1. The superiors and synaxes in orders and congregations have that power which is determined in common law and the statutes.

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§2. In clerical orders and congregations of pontifical or patriarchal right, moreover, superiors and synaxes possess power of governance for both the external as well as the internal forum, in conformity with the statutes.

Canon 512 - §1. A general synaxis, which holds higher authority according to the norm of the statutes, is to be formed so that representing the entire order or congregation, it should be a true sign of its unity in love. §2. Not only provinces and houses, but even every member can freely send his or her wishes to the general synaxis in a manner determined in the statutes.

Canon 513 - §1. In order for a member to be appointed or elected validly to the office of superior, an appropriate period of time is required after perpetual profession, to be determined by the statutes, which in the case of the major superiors must be at least ten years from first profession. §2. If it is the case of the superior general, there is moreover required for validity that he or she be thirty-five years of age.

Canon 514 - §1. Superiors are to be constituted for a certain and appropriate term of office, unless the statutes decree differently for the superior general. §2. However, before the determined time has elapsed they can be removed from office, or be transferred to another office for reasons, and according to the procedure, determined by the statutes. §3. It shall be provided in suitable norms of the statutes that members shall not stay for too long time in the office of superior without interruption.

Canon 515 - §1. The superior general is designated by election according to the statutes. §2. Other superiors are designated in accordance with the statutes in such a way that if they are elected, they need the confirmation of the competent major superior but if they are appointed, that this be done after suitable prior consultation. §3. The prescriptions of cann. 947-960 as well as of can. 445 shall be carefully followed in elections.

Canon 516 - §1. There shall be finance officers in orders and congregations for the administration of temporal goods; a general finance officer who administers the goods of the entire order or congregation; a provincial finance officer for the province, a local finance officer for each single house; all of whom shall discharge their duties under the authority of the superior. §2. A major superior cannot fulfill the office of general finance officer or provincial finance officer. The duties of a local finance officer although it is preferably separated from the office of the superior, can nevertheless be combined with it if necessity demands it. §3. If the statutes are silent on the manner of designating finance officers, they shall be appointed by the major superior with the consent of the council.

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3° De admissione in ordines et congregationes et de novitiatu

Canon 517 - §1. One is admitted validly to the novitiate of an order or congregation who has completed the seventeenth year of age. In respect to other requirements for admission to the novitiate cann. 448, 450, 452, and 454 shall be observed. §2. No one is admitted lawfully to the novitiate of a religious institute of another Church sui iuris without the permission of the Apostolic See, unless it is a candidate who is destined for a province or house, mentioned in can. 432, of the same Church.

Canon 518 - Before being admitted to the novitiate, a candidate shall undergo an appropriate period of preparation to be determined in the statutes, under the special care of an experienced member.

Canon 519 - The right to admit candidates to the novitiate pertains to major superiors with due regard for the statutes and with can. 453, §§2 and 3.

Canon 520 - The novitiate begins in the manner prescribed by the statutes.

Canon 521 - The erection, transfer and suppression of the location of the novitiate shall be done by a decree of the superior general with the consent of his or her council.

Canon 522 - §1. In order that the novitiate be valid, it must be made in the house in which the novitiate is located; in special cases and by way of an exception, the candidate can, with the permission of the superior general, given with the consent of the council, make the novitiate in another house of the same order or congregation, under the direction of an experienced member who takes the place of the master of novices. §2. The major superior can permit a group of novices to live for a certain period of time in another house of the same order or congregation designated by him.

Canon 523 - §1. For validity of the novitiate it is required that it comprise one full and continuous year; an absence of three months, either continuous or in shorter interruptions, does not affect the validity, but, if it exceeds fifteen days, the unfinished time must be made up, even though it had been dedicated to apostolic work arranged for the instruction of the novices. §2. If the statutes prescribed a longer novitiate, this is not required for the validity of the profession.

Canon 524 - §1. A director shall be appointed for the formation of the novices in accordance with the statutes; the director shall be a member who is professed at least ten years from first profession, outstanding in prudence, charity, piety, knowledge, and the observance of religious state, and, in a clerical order or congregation, a presbyter.

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§2. Assistants can be given to the director, if this is necessary, who are subject to the director in everything that pertains to the direction of the novitiate and the formation of the novices. §3. The director alone has the right and duty of providing for the formation of the novices, so that no one is allowed to interfere in these thing under any pretext whatever, except the superiors to whom this is permitted by the statutes, and visitators; however, in what relates to the religious discipline of the entire house, the director, in the same way as the novices, is subject to the superior. §4. The novice is under the authority of the director and the superiors and is obliged to obey them.

Canon 525 - §1. The conditions prescribed concerning novices in cann. 459-461 oblige also in orders and congregations. §2. The novice, before making temporary profession, must cede to whomever he or she wishes, for the whole time during which he or she will be bound by the profession, the administration of the goods which he or she now possesses, as well as those which will accrue later; and they are to dispose freely of their use and usufruct.

4° De professione in ordinibus et congregationibus

Canon 526 - §1. The temporary profession, with the three vows of obedience, chastity and poverty, shall be made for that time determined in the statutes. §2. This profession can be repeated several times in accordance with the statutes, but in such a manner that taken together the time shall not be shorter than three nor longer than six years.

Canon 527 - For the validity of temporary profession it is required: 1° that the novitiate has been validly completed; 2° that the novice be admitted to profession by the competent superior according to the statutes with the consent of the council, and the profession be received by the same superior in person or through another; 3° that the profession be expressed and made without force, grave fear or fraud; 4° that other requirements stipulated in the statutes for the validity of the profession be fulfilled.

Canon 528 - A temporarily professed member is held by the same obligation to observe the statutes as a perpetually professed one; he or she lacks active and passive voice, unless it is otherwise expressly provided in the statutes.

Canon 529 - §1. Temporary profession renders acts contrary to the vows unlawful, but not invalid. §2. This profession does not deprive the member of the ownership of one's own goods nor the capacity to acquire other ones. However, the member is not permitted gratuitously to renounce the right of disposing of goods by an act effective during life.

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§3. But whatever the member in temporary vows acquires by his or her own industry or in respect to the order or congregation is acquired for the order or congregation; unless the contrary is lawfully proven, it is presumed that the member acquires in respect to the order or congregation. §4. The professed can change the renunciation or disposition mentioned in can. 525, §2 not by his or her own resolve but with the consent of the major superior, as long as the change is not in favor of the order or congregation, at least not in respect to a notable part of the goods. The renunciation or disposition ceases to have force at the member's departure from the order or congregation. §5. If the temporarily professed has incurred debts and obligations, that member must be responsible for them, unless he or she has, with the permission of the superior, transacted business of the order or congregation. §6. With the expiration of temporary profession, whatever offices held by the professed become vacant by the law itself.

Canon 530 - In congregations, at least before perpetual profession the member shall freely make a last will which also is valid in civil law.

Canon 531 - By perpetual profession member assume definitively the religious state, lose their own eparchy and are incorporated with full effects of law in the religious order or congregation.

Canon 532 - For the validity of perpetual profession, in addition to the requirements mentioned in can. 464, it is required that it be preceded by temporary profession, in accord with the norm of can. 526.

Canon 533 - In orders the perpetual profession is equivalent to the perpetual monastic profession, hence cann. 466-468 are to be applied.

Canon 534 - In congregations: 1° the canonical effects of perpetual profession remain the same as those determined in can. 529 for temporary profession, except if otherwise provided by common law; 2° the major superior can, with the consent of the council, permit a perpetually professed member at the member's own request to make a cession of his or her goods, provided that it is done prudently; 3° it is up to the general synaxis to introduce into the statutes, if it deems it opportune, the obligation for a member to renounce his or her patrimony, acquired or to be acquired, which renunciation, however, cannot be done prior to perpetual profession.

Canon 535 - §1. In making any kind of profession, the prescriptions of the statutes shall be observed. §2. The document certifying that the profession has been made, signed by the professed member and by the one who received the profession, even by delegation, shall be preserved in the archives of the order or congregation. If it is

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the case of perpetual profession, the major superior must as soon as possible notify the pastor with whom the baptism of the professed is recorded.

5° De institutione sodalium et de disciplina religiosa in ordinibus et congregationibus

Canon 536 - §1. The manner of formation of members according to the norm of can. 471, §1 is to be determined in the statutes. §2. The formation of the members who are destined for sacred orders is to proceed according to the plan of clerical formation prescribed in can. 330 at a facility for studies of the order or congregation approved by the general synaxis or the major superiors in accordance with the statutes. However, if it is not possible to have a facility of studies of their own set up according to can. 340, §1, the members must be instructed, under the guidance of an experienced moderator, in another seminary or school of higher studies approved by ecclesiastical authority.

Canon 537 - §1. Major superiors can grant, in accordance with the statutes, dimissorial letters for sacred orders to perpetually professed members. §2. The bishop to whom the superior must address the dimissorial letters is the eparchial bishop of the place in which the candidate has a domicile; to another bishop, however, if the eparchial bishop has given permission, is of a Church sui iuris different from that of the candidate, is absent, or, finally, if the eparchy is vacant and the one who governs it is not an ordained bishop. In each case it is necessary that all this be certain to the ordaining bishop by an authentic document of the eparchial curia.

Canon 538 - §1. In each house of orders and congregations the divine praises shall be celebrated according to the norms of the statutes and lawful custom. §2. The superiors shall see to it that all members fulfill in accordance with the statutes what is prescribed in can. 473, §2. §3. Members of orders and congregations should approach the sacrament of penance frequently, observing can. 474, §2.

Canon 539 - §1. The superiors shall see to it that suitable confessors are available to the members. §2. The confessors in clerical orders and congregations of pontifical or patriarchal right are designated by the major superior according to the statutes; but in other cases by the local hierarch after hearing the superior, who must previously consult the interested community.

Canon 540 - In respect to the habit of the members the prescriptions of the statutes, and outside their own houses also the norms of the eparchial bishop, are to be followed.

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Canon 541 - The norms respecting the enclosure shall be determined in the statutes of individual orders and congregations in accordance with their own character, without prejudice to the right of superiors, even local ones, to permit something different for a just cause in individual instances.

Canon 542 - Superiors shall take care that they provide willingly members designated by them, especially in the eparchy in which they dwell, when their ministry is required by the local hierarch or the pastor, in order to provide for the needs of the faithful, both in and outside their own churches, without prejudice to the character of the institute and to religious discipline.

Canon 543 - A member of an order or congregation who is a pastor remains bound by the vows and the obligations of his profession as well as of the statutes insofar as this observance of the statutes is compatible with the obligations of his office. He remains subject to the superior in matters which pertain to religious discipline, but in those which concern the office of pastor he enjoys the same rights and is bound by the same obligations as other pastors, and is subject in the same way to the eparchial bishop.

6° De transitu ad alium ordinem vel congregationem aut ad monasterium sui iuris

Canon 544 - §1. Within the territorial boundaries of the patriarchal Church a member can validly transfer to another religious institute with the written permission of the patriarch and with the consent of his or her own superior general and the superior general of the order or congregation to which he or she wishes to transfer, or, if a member wants to transfer to a monastery, of the superior of the monastery sui iuris; for the granting of their consent, the superiors require the previous consent of their council or, in a monastery, of the synaxis. §2. A member can validly transfer from a congregation of eparchial right to another religious institute of eparchial right with the written consent of the eparchial bishop of the place where the main house of the religious institute to which the transfer is to be made, after consultation with the superior general of the congregation from which the transfer is to be made, with the consent of the superior general of the congregation or the superior of the monastery sui iuris to which he or she transfers. For the granting of this consent the superiors need the prior consent of their council or, in a monastery, of the synaxis. §3. In other cases the member cannot validly transfer to another religious institute without the consent of the Apostolic See. §4. The consent of the Apostolic See is required for the validity of a transfer to a religious institute of another Church sui iuris.

Canon 545 - §1. The one who transfers must go through the entire novitiate, except if the superior general or the superior of the monastery sui iuris, each of them with the consent of the council, on account of special circumstances, reduces the time of the novitiate, but not below six months. During the novitiate, the vows remaining in force, the rights and particular obligations which the

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member had in the previous order or congregation are held suspended, and the member is bound by the obligation to obey the superiors of the new religious institute and the director of novices also in virtue of the vow of obedience. §2. After having completed the novitiate, one who was perpetually professed at the moment of transfer shall publicly make profession according to the statutes of the religious institute to which he or she transferred. By this new profession one is fully united to the new institute, and, if he is a cleric, he is enrolled in it as a cleric as well. But one who has thus far made temporary profession, shall make a temporary profession in the same manner for at least three more years, except in the case when he or she completed the entire novitiate of three years in the monastery sui iuris to which he or she transferred. §3. If the member does not make the profession in the religious institute to which he or she transferred, that member must return to the previous institute, unless in the meantime the time of profession has expired. §4. In respect to goods and dowry can. 488, §4 shall be observed.

7° De exclaustratione et de discessu ab ordine vel congregatione

Canon 546 - §1. The temporarily professed may freely leave the order or congregation at the expiration of the time of the vows. §2. One who, while still in temporary vows, requests for a grave reason to leave the order or congregation, can obtain from the superior general with the consent of the council the indult to leave the order or congregation definitively and return to secular life, with the effects mentioned in can. 493; in congregations of eparchial right, the indult, in order to be valid, must be confirmed by the local eparchial bishop where the main house of the same congregation is located.

Canon 547 - §1. The major superior, having consulted the council, can for a just cause exclude a member in temporary vows from the renewal of the temporary vows or from making perpetual profession. §2. Physical or psychic illness, even if contracted after temporary profession, which in the judgment of experts renders a member in temporary vows incapable of leading life in the religious institute, constitutes a reason for not admitting that person to the renewal of temporary profession or the making of perpetual profession, unless the infirmity was contracted on account of the negligence of the institute or because of the work performed in the institute. §3. However, if the member becomes insane during temporary vows, that member cannot be dismissed from the institute even if he or she cannot make a new profession.

Canon 548 - §1. The indult of exclaustration can be granted by the authority to which the order or congregation is subject having heard the superior general and the council. The imposition of exclaustration, however, can be decreed by the same authority at the request of the superior general acting with the consent of the council. §2. In other aspects of exclaustration cann. 489-491 shall be observed.

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Canon 549 - §1. A perpetually professed member shall not ask for the indult to leave the order or congregation and to return to secular life except for the most grave reasons. Such a member shall submit a petition to the superior general, who shall forward it, along with his or her votum and that of the council, to the competent authority. §2. In orders, an indult of this kind is reserved to the Apostolic See; but in congregations, in addition to the Apostolic See, it can be granted also by: 1° the patriarch with respect to all members who have domicile within the territorial boundaries of the Church over which he presides, after having consulted, if it is a congregation of eparchial right, the eparchial bishop; 2° the eparchial bishop of the eparchy in which the member is domiciled, if it is the case of a congregation of eparchial right. §3. The indult of departure from the order or congregation has the same canonical effects as stated in can. 493; but with respect to a member who is in a sacred order, can. 494 is to be applied in addition.

Canon 550 - A member, who is unlawfully absent from the house of their own order or congregation with the intention of withdrawing from the power of superiors, is to be solicitously sought after by the same superiors; if, however, within the time prescribed by the statutes, he does not return, he is to be punished according to the norm of law or even dismissed.

8° De dimissione ab ordine vel congregatione

Canon 551 - What is prescribed in cann. 497 and 498 concerning dismissal or expulsion shall apply to all members of orders and congregations. The competent authority is the major superior having consulted the council; if it concerns expulsions, with the consent of the council. If there is danger in delay and there is no time to reach the major superior, the local superior, with the consent of the council, can expel a member, notifying at once the major superior.

Canon 552 - §1. A temporarily professed member can be dismissed by the superior general with the consent of the council unless the dismissal is reserved in the statutes to the eparchial bishop or another authority to which the order or congregation is subject. §2. In deciding about the dismissal, in addition to other conditions which might be prescribed by the statutes, the following must be observed: 1° the reasons for dismissal must be grave, and on the part of the member, external and imputable; 2° the lack of the religious spirit, which can be a cause of scandal to others, is a sufficient cause for dismissal if repeated warnings, along with salutary penances, have been in vain; 3° the reasons for dismissal must be certain in the mind of the dismissing superior, although it is not necessary that they be formally proven. Yet, they must be always made known to the member, granting the member full opportunity of

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defense, and the responses are to be faithfully submitted to the dismissing superior. §3. A recourse against the decree of dismissal has suspensive effect.

Canon 553 - The superior general is competent with respect to the dismissal of a perpetually professed member; in other cases, cann. 500-503 are to be observed.

Appendix 3: DISMISSAL OF MEMBERS

Canon 696-1 A member can also be dismissed fore 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; pertinacious 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 that may be determined by the proper law of the institute.

COMMENTARY:

Note that the member can be dismissed and that the cause prompting the dismissal process must be grave, external, imputable, and juridically verifiable. These are the same qualities for a delict, and there could be mitigating circumstances with regard to imputability that should be considered.

(The Notion of Imputability) – Canon 1321-1 No one is punished unless the external violation of a law or a precept committed by the person is seriously imputable to that person by reason of malice or culpability.

Contrary to the 1917 Code, the revised law does not define an ecclesiastical offense. However, this initial canon can facilitate a working understanding of an ecclesiastical offense. Three elements are implied: (1) an external violation of a law or precept; (2) grave imputability rooted primarily in a deliberate intent to violate the law or precept or secondarily in culpable negligence; and finally (3) a legal determination of a penalty. This title deals largely with the second factor – the crucial issue of imputability. At times, perhaps, there is a popular misconception that the mere fact that one breaks a law means that a penalty is necessarily incurred, e.g., remarriage after divorce without an ecclesiastical annulment or dissolution. Yet of the essence of an ecclesiastical offense is serious moral imputability, and the legislator provides detailed guidelines to assist ecclesiastical judges and superiors in making prudent judgments in this area after weighing all relevant factors.

The significant notions here are dolus and culpa. The 1917 Code stated that either could be the basis of imputability. However, the present canon

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states that normally dolus, or deliberate intent to violate the law, is necessary for penal imputability. Negligence is usually not a basis for such imputability. The text does not explicitly state that dolus, or malice, is deliberate intent to violate the law or that culpa, or culpability, and is negligence. However, these inferences seem warranted from the meaning of such terms in the 1917 Code, from the structure of this canon, and from the discussion of the committee leading to its formulation. Furthermore, a study of the committee’s discussion of this canon makes it clear that culpa also means a false judgment that mitigating circumstances are verified in connection with an alleged offense as well as culpable ignorance of the fact that a law or precept has been violated.

Does the legislator offer any guidelines in assessing imputability in particular cases since many complex factors may be operative in any given violation of law? The 1917 Code stated a rebuttable presumption that if an external offense were committed, dolus, or intent to violate the law, was verified. The revised law is somewhat more ambiguous. If there is an external violation of a law, imputability is presumed. This would seem to involve dolus, or malice; yet since culpa, or culpability, at times grounds imputability, this would also have to be taken into consideration. This seems especially true in light of the importance of interpreting penal law in a benign fashion. The judge or superior should, therefore, be cautious in attributing intent to violate the law too easily to an offending party.

The first four reasons for dismissal indicate a neglect of the more serious obligations of consecrated life and a lack of the spirit of a religious vocation. The next two show a disdain for the Church and its teachings and contempt for Christian values. One illegitimately absent for six months lacks a sense of responsibility and accountability for the duties assumes at incorporations into the particular institute. The proper law can indicate other grave causes prompting the dismissal process, but it seems wise in this area as in penal law to adhere strictly to the universal law in order to avoid violating the rights of the member.

Canon 697 In the cases mentioned in canon 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 is to be clearly indicated and the member is to be given 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 (15) days;

3. if the this warning also has been in vain and the major superior with the council believes that there is sufficient proof of incorrigibility and that defenses of the member are insufficient, and fifteen (15) days have elapsed since the last warning 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.

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COMMENTARY:

It would be well to advise the member of the option of petitioning for an indult of departure from the institute. If the member refuses to take this actions, the process for dismissal must be followed exactly in order to avoid jeopardizing the rights of the religious and to prevent the refusal of confirmation by the proper external authority due to faulty process.

The major superior apprises the council of the reason and the proofs and seeks its advice before deciding to initiate the process.

In the presence of two witnesses or in writing, the major superior: (a) admonishes the member for the grave violation, (b) warns the religious to remedy his behavior, (c) threatens the religious with dismissal if there is no improvement, and (d) advises the member of the right to defense. If the warning is given verbally, a written account should be drawn up and signed by the major superior and two witnesses. The major superior can take appropriate measures to assist the religious in remedying behavior, e.g., a change of residence or apostolate. If there is no evidence of improvement at the termination of fifteen (15) days, a second warning is issued by the major superior.

If the second warning goes unheeded, the major superior with council decides the incorrigibility and insufficient defense on the part of the member. It is important that at least fifteen (15) days have elapsed since the second warning before the major superior sends the acts of the case signed by himself and a notary with the defense signed by the member to the supreme moderator of the institute. [If I am reading Dom Timothy’s note correctly, this final phase is initiated with a third confrontation with the religious, which culminates with his exclaustration.]

Canon 698 In all cases mentioned in canon 695 and 696, the right of the member to communicate with and offer a defense directly to the supreme moderator always remains intact.

COMMENTARY:

The member should be made aware of this right to communicate with and to send the defense directly to the supreme moderator of the institute.

PROCEDURE

The code provides a definitive procedure that must be followed exactly: -Collecting or completing the proofs. A member can also be dismissed fore other causes, provided that they are grave, external, imputable and juridically proven.- the major superior is to collect or complete proofs;- The major superior gives one (1) formal warning to the religious that his behavior must change. The formal warning, given in writing or before two witnesses (preferably in writing) [and a notary] contains:

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(1) A description of the disruptive behavior [grounds for dismissal](2) The required behavior changes that must be made [Specific guidelines about contact with guests and monastic observance and what he must do to repair the damage and change his lifestyle](3) The reasons the behavior changes are necessary(4) An offer of evaluation and treatment (if appropriate). If this offer is made, it should be accompanied by a form authorizing the release a full report to the major superior(5) A notice that if the changes are not made, formal dismissal will be sought. (6) The fact that the member has a right to recourse to:

a. The Supreme moderatorb. The Congregation for Institutes of Consecrated Life and Societies of

Apostolic Life- if the first warning is in vain the superior is to proceed to a second warning, after an intervening time of at least fifteen (15) days; this warning is also to be given in writing or before two witnesses (preferably in writing) [and a notary] and contains:

(1) A statement that the first warning has been ignored [grounds for dismissal](2) Repeats the required behavior changes that must be made [Specific guidelines about contact with guests and monastic observance and what he must do to repair the damage and change his lifestyle](3) The reasons the behavior changes are necessary(4) An offer of evaluation and treatment (if appropriate)(5) A notice that if the changes are not made, formal dismissal will be sought. (6) The fact that the member has a right to recourse to:

a. The Supreme moderatorb. The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life

- if the second warning also has been in vain and the major superior with the council believes that there is sufficient proof of incorrigibility and that defenses of the member are insufficient, and fifteen (15) days have elapsed since the last warning 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.

-The superior is to proceed to a third warning [to use Dom Timothy’s term], after an intervening time of at least fifteen (15) days; this warning is also to be given in writing or before two witnesses (preferably in writing) [and a notary] and contains:

(1) A statement that the first and second warnings has been ignored [grounds for dismissal]

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(2) A statement of formal removal from the cloister for the peace of the community.(3) A notice that formal dismissal from the Order will be sought. (4) The fact that the member has a right to recourse to:

a. The Supreme moderatorb. The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life

- The major superior sends the acts of the procedure followed to the appropriate authorities:

(1) A petition requesting the dismissal of the member and the reasons(2) The member’s curriculum vitae(3) Documentation demonstrating the behavior issues(4) Documentation on the attempts to help the member and the member’s response(5) The minutes of the council meeting(6) Psychological reports, if available(7) The warnings given to the member(8) Other pertinent information

CANON 699-1 With the council, which must have at least four (4) members for validity, 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.

COMMENTARY:

Note that there are two requirements for the validity of the dismissal: (a) that the council of the supreme moderator be composed of at least four (4) members, and (b) that the decree of dismissal contain at least in summary the reasons for dismissal in law and in fact. If there are not four (4) members on the council, the supreme moderator with the consent of the council should appoint a member(s) of the institute to meet the requirement of law. The superior general and the council act collegially studying the acts of the case and deciding by secret vote on the dismissal.

CANON 699-2 In autonomous monasteries mentioned in canon 615 the decision on dismissal pertains to the diocesan bishop, to whom the superior is to submit the acts examined by the council.

COMMENTARY:

This provision for the monasteries of canon 615 allows greater objectivity in the decision and protection to a member when the local superior of the monastery is

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at once the major superior. When the council studies and approves the acts of the case, the superior sends them to the diocesan bishop.

CANON 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 which the religious is assigned is situated. The decree, for validity, must indicate the right that the dismissed religious enjoys to have recourse to competent authority within ten (10) days from receiving the notification. The recourse has a suspensive effect.

COMMENTARY:

A decree of dismissal for a member in an institute of pontifical right has no force unless it is confirmed by the Apostolic See. Therefore, once the decision to dismiss is reached by the supreme moderator and council, the acts of the case should be sent to the Apostolic See. In the case of member of a diocesan institute, the decree of dismissal is confirmed by the bishop of the diocese in which the house where the member resides is located. For validity, the decree must contain the information that the member has the right to appeal the decision to the competent authority within ten (10) days from receiving notification. An appeal suspends the effects of the dismissal indicated in canon 701, until a reply is received from the Apostolic See. The member retains all the rights and responsibilities assumed at incorporation into the institute.

CANON 701 Vows, rights and obligations derived from profession cease ipso facto by 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 canon 693 or at least allows him to exercise sacred orders.

COMMENTARY:

The vows, rights, and obligations assumed at profession cease with legitimate dismissal from an institute. A cleric, however, is not free from the obligations assumed at sacred orders. He cannot exercise the same until he finds a bishop who is willing to receive him into the diocese on probation or at least permits him to exercise the duties of sacred orders.

CANON 702-1 Those who have legitimately left a religious institute or have been legitimately dismissed from one can request nothing from it for any work done in it.

COMMENTARY:

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Canon 702 repeats the former law. A person becomes a member of a religious institute to dedicate himself freely and completely to God and to the service of His people. Such a person, having legitimately departed or been dismissed from the institute does not have a claim to compensation for services rendered while in the institute.

CANON 702-2 The institute however is to observe equity and evangelical charity toward the member who is separated from it.

COMMENTARY:

While there is no obligation in justice to provide for those legitimately separated from a religious institute, the law directs the competent authority to observe evangelical charity and equity toward these former members. The assistance should embrace not only economic needs but also the spiritual, moral, and social dimensions of the person’s life. The competent authority of the institute can benefit both members and former members by enrolling in social security and utilizing programs offering counsel and economic assistance to those separated from the institute. With the dispensation from vows, the former member regains the right of ownership and/or administration of temporalities. The institute is not obliged to return what was given to it while the person was a member, but charity would prompt a return of at least some portion of the gift.

Appendix 4:

ESSENTIAL NORMS FOR DIOCESAN/EPARCHIAL POLICIES DEALING WITH ALLEGATIONS OF SEXUAL ABUSE OF MINORS BY PRIESTS OR DEACONS

First Approved by the Congregation for Bishops, December 8, 2002

PREAMBLE

On June 14, 2002, the United States Conference of Catholic Bishops approved a Charter for the Protection of Children and Young People. The charter addresses the Church's commitment to deal appropriately and effectively with cases of sexual abuse of minors by priests, deacons, and other church personnel (i.e., employees and volunteers). The bishops of the United States have promised to reach out to those who have been sexually abused as minors by anyone serving the Church in ministry, employment, or a volunteer position, whether the sexual abuse was recent or occurred many years ago. They stated that they would be as open as possible with the people in parishes and communities about instances of sexual abuse of minors, with respect always for the privacy and the reputation of the individuals involved. They have committed themselves to the pastoral and spiritual care and emotional well being of those who have been sexually abused and of their families.

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In addition, the bishops will work with parents, civil authorities, educators, and various organizations in the community to make and maintain the safest environment for minors. In the same way, the bishops have pledged to evaluate the background of seminary applicants as well as all church personnel who have responsibility for the care and supervision of children and young people.

Therefore, to ensure that each diocese/eparchy in the United States of America will have procedures in place to respond promptly to all allegations of sexual abuse of minors, the United States Conference of Catholic Bishops decrees these norms for diocesan/eparchial policies dealing with allegations of sexual abuse of minors by diocesan and religious priests or deacons. (1) These norms are complementary to the universal law of the Church and are to be interpreted in accordance with that law. The Church has traditionally considered the sexual abuse of minors a grave delict and punishes the offender with penalties, not excluding dismissal from the clerical state if the case so warrants.

For purposes of these Norms, sexual abuse shall include any offense by a cleric against the Sixth Commandment of the Decalogue with a minor as understood in CIC, canon 1395 §2, and CCEO, canon 1453 § 1 (Sacramentorum sanctitatis tutela, article 4 § 1). (2)

NORMS

1. These Essential Norms have been granted recognitio by the Holy See. Having been legitimately promulgated in accordance with the practice of the United States Conference of Catholic Bishops on May 5, 2006, they constitute particular law for all the dioceses/eparchies of the United States of America. (3)

2. Each diocese/eparchy will have a written policy on the sexual abuse of minors by priests and deacons, as well as by other church personnel. This policy is to comply fully with, and is to specify in more detail, the steps to be taken in implementing the requirements of canon law, particularly CIC, canons 1717-1719, and CCEO, canons 1468-1470. A copy of this policy will be filed with the United States Conference of Catholic Bishops within three months of the effective date of these norms. Copies of any eventual revisions of the written diocesan/eparchial policy are also to be filed with the United States Conference of Catholic Bishops within three months of such modifications.

3. Each diocese/eparchy will designate a competent person to coordinate assistance for the immediate pastoral care of persons who claim to have been sexually abused when they were minors by priests or deacons.

4. To assist diocesan/eparchial bishops, each diocese/eparchy will also have a review board that will function as a confidential consultative body to the bishop/eparch in discharging his responsibilities. The functions of this board may include

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A. Advising the diocesan bishop/eparch in his assessment of allegations of sexual abuse of minors and in his determination of suitability for ministry;

B. reviewing diocesan/eparchial policies for dealing with sexual abuse of minors; and

C. offering advice on all aspects of these cases, whether retrospectively or prospectively.

5. The review board, established by the diocesan/eparchial bishop, will be composed of at least five persons of outstanding integrity and good judgment in full communion with the Church. The majority of the review board members will be lay persons who are not in the employ of the diocese/eparchy; but at least one member should be a priest who is an experienced and respected pastor of the diocese/eparchy in question, and at least one member should have particular expertise in the treatment of the sexual abuse of minors. The members will be appointed for a term of five years, which can be renewed. It is desirable that the Promoter of Justice participate in the meetings of the review board.

6. When an allegation of sexual abuse of a minor by a priest or deacon is received, a preliminary investigation in accordance with canon law will be initiated and conducted promptly and objectively (CIC, c. 1717; CCEO, c. 1468). During the investigation the accused enjoys the presumption of innocence, and all appropriate steps shall be taken to protect his reputation. The accused will be encouraged to retain the assistance of civil and canonical counsel and will be promptly notified of the results of the investigation. When there is sufficient evidence that sexual abuse of a minor has occurred, the Congregation for the Doctrine of the Faith shall be notified. The bishop/eparch shall then apply the precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473-- i.e., withdraw the accused from exercising the sacred ministry or any ecclesiastical office or function, impose or prohibit residence in a given place or territory, and prohibit public participation in the Most Holy Eucharist pending the outcome of the process.

7. The alleged offender may be requested to seek, and may be urged voluntarily to comply with, an appropriate medical and psychological evaluation at a facility mutually acceptable to the diocese/eparchy and to the accused.

8. When even a single act of sexual abuse of a minor by a priest or deacon is admitted or is established after an appropriate process in accordance with canon law, the offending priest or deacon will be removed permanently from ecclesiastical ministry, not excluding dismissal from the clerical state, if the case so warrants (CIC, c. 1395 §2; CCEO, c. 1453 §1).(4)

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A. In every case involving canonical penalties, the processes provided for in canon law must be observed, and the various provisions of canon law must be considered (cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995; Letter from the Congregation for the Doctrine of the Faith, May 18, 2001). Unless the Congregation for the Doctrine of the Faith, having been notified, calls the case to itself because of special circumstances, it will direct the diocesan bishop/eparch how to proceed (Article 13, "Procedural Norms" for Motu proprio Sacramentorum sanctitatis tutela, AAS, 93, 2001, p. 787). If the case would otherwise be barred by prescription, because sexual abuse of a minor is a grave offense, the bishop/eparch may apply to the Congregation for the Doctrine of the Faith for a derogation from the prescription, while indicating relevant grave reasons . For the sake of canonical due process, the accused is to be encouraged to retain the assistance of civil and canonical counsel. When necessary, the diocese/eparchy will supply canonical counsel to a priest. The provisions of CIC, canon 1722, or CCEO, canon 1473, shall be implemented during the pendency of the penal process.

B. If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the offender ought to lead a life of prayer and penance. He will not be permitted to celebrate Mass publicly or to administer the sacraments. He is to be instructed not to wear clerical garb, or to present himself publicly as a priest.

9. At all times, the diocesan bishop/eparch has the executive power of governance, within the parameters of the universal law of the Church, through an administrative act, to remove an offending cleric from office, to remove or restrict his faculties, and to limit his exercise of priestly ministry. (5) Because sexual abuse of a minor by a cleric is a crime in the universal law of the Church (CIC, c. 1395 §2; CCEO, c. 1453 § 1) and is a crime in all civil jurisdictions in the United States, for the sake of the common good and observing the provisions of canon law, the diocesan bishop/eparch shall exercise this power of governance to ensure that any priest or deacon who has committed even one act of sexual abuse of a minor as described above shall not continue in active ministry.(6)

10. The priest or deacon may at any time request a dispensation from the obligations of the clerical state. In exceptional cases, the bishop/eparch may request of the Holy Father the dismissal of the priest or deacon from the clerical state ex officio, even without the consent of the priest or deacon.

11. The diocese/eparchy will comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and will cooperate in their investigation. In every instance, the diocese/eparchy will advise and support a person's right to make a report to public authorities. (7)

12. No priest or deacon who has committed an act of sexual abuse of a minor may be transferred for a ministerial assignment in another diocese/eparchy.

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Every bishop/eparch who receives a priest or deacon from outside his jurisdiction will obtain the necessary information regarding any past act of sexual abuse of a minor by the priest or deacon in question.

Before such a diocesan/eparchial priest or deacon can be transferred for residence to another diocese/eparchy, his diocesan/eparchial bishop shall forward, in a confidential manner, to the bishop of the proposed place of residence any and all information concerning any act of sexual abuse of a minor and any other information indicating that he has been or may be a danger to children or young people.

In the case of the assignment for residence of such a clerical member of an institute or a society into a local community within a diocese/eparchy, the major superior shall inform the diocesan/eparchial bishop and share with him in a manner respecting the limitations of confidentiality found in canon and civil law all information concerning any act of sexual abuse of a minor and any other information indicating that he has been or may be a danger to children or young people so that the bishop/eparch can make an informed judgment that suitable safeguards are in place for the protection of children or young people. This will be done with due recognition of the legitimate authority of the bishop/eparch; of the provisions of CIC, canon 678, (CCEO, canons 415 §1 and 554 §2), and of CIC, canon 679; and of the autonomy of the religious life (CIC, c. 586).

13. Care will always be taken to protect the rights of all parties involved, particularly those of the person claiming to have been sexually abused and of the person against whom the charge has been made. When an accusation has been shown to be unfounded, every step possible will be taken to restore the good name of the person falsely accused.

Notes

1 These Norms constitute particular law for the dioceses, eparchies, clerical religious institutes, and societies of apostolic life of the United States with respect to all priests and deacons in the ecclesiastical ministry of the Church in the United States. When a major superior of a clerical religious institute or society of apostolic life applies and interprets them for the internal life and governance of the institute or society, he has the obligation to do so according to the universal law of the Church and the proper law of the institute or society.

2 If there is any doubt whether a specific act qualifies as an external, objectively grave violation, the writings of recognized moral theologians should be consulted, and the opinions of recognized experts should be appropriately obtained (Canonical Delicts, p. 6). Ultimately, it is the responsibility of the diocesan bishop/eparch, with the advice of a qualified review board, to determine the gravity of the alleged act.

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3 Due regard must be given to the proper legislative authority of each Eastern Catholic Church.

4 Removal from ministry is required whether or not the cleric is diagnosed by qualified experts as a pedophile or as suffering from a related sexual disorder that requires professional treatment.

With regard to the use of the phrase "ecclesiastical ministry," by clerical members of institutes of consecrated life and societies of apostolic life, the provisions of canons 678 and 738 also apply, with due regard for canons 586 and 732.

5 Cf. CIC, cc. 35-58, 149, 157, 187-189, 192-195, 277 §3, 381 §1, 383, 391, 1348, and 1740-1747. Cf. also CCEO, cc. 1510 §1 and 2, 1° -2°, 1511, 1512 §§1-2, 1513 §§2-3 and 5, 1514-1516, 1517 §1, 1518, 1519 §2, 1520 §§1-3, 1521, 1522 §1, 1523-1526, 940, 946, 967-971, 974-977, 374, 178, 192 §§1-3, 193 §2, 191, and 1389-1396.

6 The diocesan bishop/eparch may exercise his executive power of governance to take one or more of the following administrative actions (CIC, cc. 381, 129ff.; CCEO, cc. 178, 979ff.):

a) He may request that the accused freely resign from any currently held ecclesiastical office (CIC, cc. 187- 189; CCEO, cc. 967-971).

b)b) Should the accused decline to resign and should the diocesan

bishop/eparch judge the accused to be truly not suitable (CIC, c. 149 § 1; CCEO, c. 940) at this time for holding an office previously freely conferred (CIC, c. 157), then he may remove that person from office observing the required canonical procedures (CIC, cc. 192-195, 1740-1747; CCEO, cc. 974-977, 1389-1396).

c) For a cleric who holds no office in the diocese/eparchy, any previously delegated faculties may be administratively removed (CIC, cc. 391 §1 and 142 §1; CCEO, cc. 191 §1 and 992 §1), while any de iure faculties may be removed or restricted by the competent authority as provided in law (e.g., CIC, c. 764; CCEO, c. 610 §§2-3).

d) The diocesan bishop/eparch may also determine that circumstances surrounding a particular case constitute the just and reasonable cause for a priest to celebrate the Eucharist with no member of the faithful present (CIC, c. 906). The bishop may forbid the priest to celebrate the Eucharist publicly and to administer the sacraments, for the good of the Church and for his own good.

e) Depending on the gravity of the case, the diocesan bishop/eparch may also dispense (CIC, cc. 85-88; CCEO, cc. 1536 §1-1538) the cleric from the obligation

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of wearing clerical attire (CIC, c. 284; CCEO, c. 387) and may urge that he not do so, for the good of the Church and for his own good.

These administrative actions shall be taken in writing and by means of decrees (CIC, cc. 47-58; CCEO, cc. 1510 §2, 1°-2°,1511,1513 §§2-3 and 5,1514,1517 §1, 1518, 1519 §2, and 1520) so that the cleric affected is afforded the opportunity of recourse against them in accordance with canon law (CIC, cc. 1734ff.; CCEO, cc. 999ff.).

7 The necessary observance of the canonical norms internal to the Church is not intended in any way to hinder the course of any civil action that may be operative. At the same time, the Church reaffirms her right to enact legislation binding on all her members concerning the ecclesiastical dimensions of the delict of sexual abuse of minors.

Copyright ©2006, United States Conference of Catholic Bishops, Inc. All rights reserved.

Appendix 5:

Charter for the Protection of Children and Young People

Copyright © 2005, United States Conference of Catholic Bishops, Washington, D.C. 20017.

PreambleSince 2002, the Church in the United States has experienced a crisis without precedent in our times. The sexual abuse of children and young people by some deacons, priests, and bishops, and the ways in which these crimes and sins were addressed, have caused enormous pain, anger, and confusion. As bishops, we have acknowledged our mistakes and our roles in that suffering, and we apologize and take responsibility again for too often failing victims and the Catholic people in the past. From the depths of our hearts, we bishops express great sorrow and profound regret for what the Catholic people have endured.

With this revision of the Charter for the Protection of Children and Young People, we re-affirm our deep commitment to creating a safe environment within the Church for children and youth. We have listened to the profound pain and suffering of those victimized by sexual abuse and will continue to respond to their cries. We have agonized over the sinfulness, the criminality, and the breach of trust perpetrated by some members of the clergy. We have determined as best we can the extent of the problem of this abuse of minors by clergy in our country, and we await the results of a study of the causes and context of this problem.

We continue to have a special care for and a commitment to reaching out to the

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victims of sexual abuse and their families. The damage caused by sexual abuse of minors is devastating and long lasting. We apologize to them for the grave harm that has been inflicted on them, and we offer our help for the future. The loss of trust that is often the consequence of such abuse becomes even more tragic when it leads to a loss of the faith that we have a sacred duty to foster. We make our own the words of His Holiness, Pope John Paul II: that the sexual abuse of young people is “by every standard wrong and rightly considered a crime by society; it is also an appalling sin in the eyes of God” (Address to the Cardinals of the United States and Conference Officers, April 23, 2002).

Along with the victims and their families, the entire Catholic community in this country has suffered because of this scandal. In the last three years, the intense public scrutiny of the minority of the ordained who have betrayed their calling has caused the vast majority of faithful priests and deacons to experience enormous vulnerability to being misunderstood in their ministry and even to the possibility of false accusations. We share with them a firm commitment to renewing the image of the vocation to Holy Orders so that it will continue to be perceived as a life of service to others after the example of Christ our Lord.

We, who have been given the responsibility of shepherding God’s people, will, with his help and in full collaboration with all the faithful, continue to work to restore the bonds of trust that unite us. Words alone cannot accomplish this goal. It will begin with the actions we take in our General Assembly and at home in our dioceses and eparchies.

We feel a particular responsibility for the “the ministry of reconciliation” (2 Cor 5:18) which God, who reconciled us to himself through Christ, has given us. The love of Christ impels us to ask forgiveness for our own faults but also to appeal to all—to those who have been victimized, to those who have offended, and to all who have felt the wound of this scandal—to be reconciled to God and one another.

Perhaps in a way never before experienced, we have felt the power of sin touch our entire Church family in this country; but as St. Paul boldly says, God made Christ "to be sin who did not know sin, so that we might become the righteousness of God in him? (2 Cor 5:21). May we who have known sin experience as well, through a spirit of reconciliation, God’s own righteousness.

We know that after such profound hurt, healing and reconciliation are beyond human capacity alone. It is God’s grace and mercy that will lead us forward, trusting Christ’s promise: “for God all things are possible” (Mt 19:26).

In working toward fulfilling this responsibility, we have relied first of all on Almighty God to sustain us in faith and in the discernment of the right course to take.

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We have received fraternal guidance and support from the Holy See that has sustained us in this time of trial.

We have relied on the Catholic faithful of the United States. Nationally and in each diocese, the wisdom and expertise of clergy, religious, and laity have contributed immensely to confronting the effects of the crisis and taking steps to resolve it. We are filled with gratitude for their great faith, their generosity, and for the spiritual and moral support that we have received from them.

We acknowledge and affirm the faithful service of the vast majority of our priests and deacons and the love that their people have for them. They deservedly have our esteem and that of the Catholic people for their good work. It is regrettable that their committed ministerial witness has been overshadowed by this crisis.

In a special way, we acknowledge those victims of clergy sexual abuse and their families who have trusted us enough to share their stories and to help us appreciate more fully the consequences of this reprehensible violation of sacred trust.

Let there now be no doubt or confusion on anyone’s part: For us, your bishops, our obligation to protect children and young people and to prevent sexual abuse flows from the mission and example given to us by Jesus Christ himself, in whose name we serve.

As we work to restore trust, we are reminded how Jesus showed constant care for the vulnerable. He inaugurated his ministry with these words of the Prophet Isaiah:

The Spirit of the Lord is upon me,because he has anointed meto bring glad tidings to the poor. He has sent me to proclaim liberty to captivesand recovery of sight to the blind,to let the oppressed go free,and to proclaim a year acceptable to the Lord. (Lk 4:18-19)

In Matthew 25, the Lord, in his commission to his apostles and disciples, told them that whenever they show mercy and compassion to the least ones, they show it to him.

Jesus extended this care in a tender and urgent way to children, rebuking his disciples for keeping them away from him: “Let the children come to me” (Mt 19:14). And he uttered a grave warning that for anyone who would lead the little ones astray, it would be better for such a person “to have a great millstone hung around his neck and to be drowned in the depths of the sea” (Mt 18:6).

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We hear these words of the Lord as prophetic for this moment. With a firm determination to restore the bonds of trust, we bishops recommit ourselves to a continual pastoral outreach to repair the breach with those who have suffered sexual abuse and with all the people of the Church.

In this spirit, over the last three years, the principles and procedures of the Charter have been integrated into church life.

The Office for Child and Youth Protection provides the focus for a consistent, ongoing, and comprehensive approach to creating a secure environment for young people throughout the Church in the United States.

The Office also provides the means for us to be accountable for achieving the goals of the Charter, as demonstrated by its two reports on the implementation of the Charter based on independent compliance audits.

The National Review Board is carrying on its responsibility to assist in the assessment of diocesan compliance with the Charter and to commission studies on the sexual abuse of minors, and it has issued its own Report on the Crisis in the Catholic Church in the United States.

The descriptive study of the nature and scope of sexual abuse of minors by Catholic clergy in the United States, commissioned by the National Review Board, has been completed. The resulting study, examining the historical period 1950-2002, by the John Jay College of Criminal Justice provides us with a powerful tool not only to examine our past but also to secure our future against such misconduct.

Victims’ assistance coordinators are in place throughout our nation to assist dioceses in responding to the pastoral needs of those who have been injured by abuse.

Diocesan/eparchial bishops in every diocese are advised and greatly assisted by diocesan review boards as the bishops make the decisions needed to fulfill the Charter.

Safe environment programs are in place to assist parents and children—and those who work with children—in preventing harm to young people.

Through these steps and many others, we remain committed to the safety of our children and young people.

While it seems that the scope of this disturbing problem of sexual abuse of minors by clergy has been reduced over the last decade, the harmful effects of this abuse continue to be experienced both by victims and dioceses.

Thus it is with a vivid sense of the effort that is still needed to confront the effects of this crisis fully and with the wisdom gained by the experience of the last three years that we have reviewed and revised the Charter for the Protection of Children and Young People. We now re-affirm that we will assist in the healing of those who have been injured, will do all in our power to protect children and young people, and will work with our clergy, religious, and laity to restore trust

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and harmony in our faith communities, as we pray for God’s kingdom to come, here on earth, as it is in heaven.

To make effective our goals of a safe environment within the Church for children and young people and of preventing sexual abuse of minors by clergy in the future, we, the members of the United States Conference of Catholic Bishops, have outlined in this Charter a series of practical and pastoral steps, and we commit ourselves to taking them in our dioceses and eparchies:

To Promote Healing and Reconciliation with Victims/Survivors of Sexual Abuse of Minors

ARTICLE 1. Dioceses/eparchies are to reach out to victims/survivors and their families and demonstrate a sincere commitment to their spiritual and emotional well-being. The first obligation of the Church with regard to the victims is for healing and reconciliation. Each diocese/eparchy is to continue its outreach to every person who has been the victim of sexual abuse* as a minor by anyone in church service, whether the abuse was recent or occurred many years in the past. This outreach may include provision of counseling, spiritual assistance, support groups, and other social services agreed upon by the victim and the diocese/eparchy.

Through pastoral outreach to victims and their families, the diocesan/eparchial bishop or his representative is to offer to meet with them, to listen with patience and compassion to their experiences and concerns, and to share the “profound sense of solidarity and concern” expressed by His Holiness, Pope John Paul II, in his Address to the Cardinals of the United States and Conference Officers (April 23, 2002).

ARTICLE 2. Dioceses/eparchies are to have policies and procedures in place to respond promptly to any allegation where there is reason to believe that sexual abuse of a minor has occurred. Dioceses/eparchies are to have a competent person or persons to coordinate assistance for the immediate pastoral care of persons who report having been sexually abused as minors by clergy or other church personnel. The procedures for those making a complaint are to be readily available in printed form in the principle languages in which the liturgy is celebrated in the diocese/eparchy and be the subject of public announcements at least annually.

Dioceses/eparchies are also to have a review board that functions as a confidential consultative body to the bishop/eparch. The majority of its members are to be lay persons not in the employ of the diocese/eparchy (see Norm 5 in Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, 2002). This board is to advise the diocesan/eparchial bishop in his assessment of allegations of sexual abuse of minors and in his determination of a cleric’s suitability for ministry. It is regularly to review diocesan/eparchial policies and procedures for dealing with sexual abuse of minors. Also, the board can review these matters both retrospectively

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and prospectively and give advice on all aspects of responses in connection with these cases.

ARTICLE 3. Dioceses/eparchies are not to enter into settlements that bind the parties to confidentiality unless the victim/survivor requests confidentiality and this request is noted in the text of the agreement.

To Guarantee an Effective Response to Allegations of Sexual Abuse of Minors

ARTICLE 4. Dioceses/eparchies are to report an allegation of sexual abuse of a person who is a minor to the public authorities. Dioceses/eparchies are to comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and cooperate in their investigation in accord with the law of the jurisdiction in question.

Dioceses/eparchies are to cooperate with public authorities about reporting cases even when the person is no longer a minor.

In every instance, dioceses/eparchies are to advise victims of their right to make a report to public authorities and support this right.

ARTICLE 5. We affirm the words of His Holiness, Pope John Paul II, in his Address to the Cardinals of the United States and Conference Officers: “There is no place in the priesthood or religious life for those who would harm the young.”

Sexual abuse of a minor by a cleric is a crime in the universal law of the Church (CIC, c. 1395 §2; CCEO, c. 1453 §1). Because of the seriousness of this matter, jurisdiction has been reserved to the Congregation for the Doctrine of the Faith (Motu proprio, Sacramentorum sanctitatis tutela, AAS, 93, 2001). Sexual abuse of a minor is also a crime in all civil jurisdictions in the United States.

Diocesan/eparchial policy is to provide that for even a single act of sexual abuse of a minor*—whenever it occurred—which is admitted or established after an appropriate process in accord with canon law, the offending priest or deacon is to be permanently removed from ministry and, if warranted, dismissed from the clerical state. In keeping with the stated purpose of this Charter, an offending priest or deacon is to be offered therapeutic professional assistance both for the purpose of prevention and also for his own healing and well-being.

The diocesan/eparchial bishop is to exercise his power of governance, within the parameters of the universal law of the Church, to ensure that any priest or deacon subject to his governance who has committed even one act of sexual abuse of a minor as described below shall not continue in ministry.

A priest or deacon who is accused of sexual abuse of a minor is to be accorded the presumption of innocence during the investigation of the allegation and all appropriate steps are to be taken to protect his reputation. He is to be

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encouraged to retain the assistance of civil and canonical counsel. If the allegation is not proven, every step possible is to be taken to restore his good name, should it have been harmed.

In fulfilling this article, dioceses/eparchies are to follow the requirements of the universal law of the Church and of the Essential Norms approved for the United States.

ARTICLE 6. There are to be clear and well-publicized diocesan/eparchial standards of ministerial behavior and appropriate boundaries for clergy and for any other paid personnel and volunteers of the church in positions of trust who have regular contact with children and young people.

ARTICLE 7. Dioceses/eparchies are to be open and transparent in communicating with the public about sexual abuse of minors by clergy within the confines of respect for the privacy and the reputation of the individuals involved. This is especially so with regard to informing parish and other church communities directly affected by ministerial misconduct involving minors.

To Ensure the Accountability of Our Procedures

ARTICLE 8. By the authority of the United States Conference of Catholic Bishops, the mandate of the Ad Hoc Committee on Sexual Abuse is renewed, and it is now constituted the Committee for the Protection of Children and Young People. It becomes a standing committee of the Conference. Its membership is to include representation from all the episcopal regions of the country, with new appointments staggered to maintain continuity in the effort to protect children and youth.

The Committee is to advise the USCCB on all matters related to child and youth protection and is to oversee the development of the plans, programs, and budget of the Office of Child and Youth Protection. It is to provide the USCCB with comprehensive planning and recommendations concerning child and youth protection by coordinating the efforts of the Office and the National Review Board.

ARTICLE 9. The Office for Child and Youth Protection, established by the Conference of Catholic Bishops, is to staff the Committee for the Protection of Children and Young People and be a resource for dioceses/eparchies for the implementation of “safe environment” programs and for suggested training and development of diocesan personnel responsible for child and youth protection programs, taking into account the financial and other resources, as well as the population, area, and demographics of the diocese/eparchy.

The Office is to produce an annual public report on the progress made in implementing and maintaining the standards in this Charter. The report is to be based on an annual audit process whose method, scope, and cost are to be

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approved by the Administrative Committee on the recommendation of the Committee for the Protection of Children and Young People. This public report is to include the names of those dioceses/eparchies which the audit shows are not in compliance with the provisions and expectations of the Charter.

As a member of the Conference staff, the Executive Director of the Office is appointed by and reports to the General Secretary. The Executive Director is to provide the Committee for the Protection of Children and Young People and the National Review Board with regular reports of the Office’s activities.

ARTICLE 10. The whole Church, especially the laity, at both the diocesan and national levels, needs to be engaged in maintaining safe environments in the Church for children and young people.

The Committee for the Protection of Children and Young People is to be assisted by the National Review Board, a consultative body established in 2002 by the USCCB. The Board will review the annual report of the Office of Child and Youth Protection on the implementation of this Charter in each diocese/eparchy and any recommendations that emerge from it, and offer its own assessment regarding its approval and publication to the Conference President.

The Board will also advise the Conference President on future members. The Board members are appointed by the Conference President in consultation with the Administrative Committee and are accountable to him and to the USCCB Executive Committee. Before a candidate is contacted, the Conference President is to seek and obtain, in writing, the endorsement of the candidate’s diocesan bishop. The Board is to operate in accord with the statutes and bylaws of the USCCB and within procedural guidelines to be developed by the Board in consultation with the Committee for the Protection of Children and Young People and approved by the USCCB Administrative Committee. These guidelines are to set forth such matters as the Board’s purpose and responsibility, officers, terms of office, and frequency of reports to the Conference President on its activities.

The Board will offer its advice as it collaborates with the Committee for the Protection of Children and Young People on matters of child and youth protection, specifically on policies and best practices. The Board and Committee for the Protection of Children and Young People will meet jointly several times a year.

The Board will review the work of the Office of Child and Youth Protection and make recommendations to the Director. It will assist the Director in the development of resources for dioceses.

The Board is to oversee the completion of the study of the causes and context of the recent crisis. The Board will offer its assessment of the data gathered and preliminary results to the Committee for the Protection of Children and Young

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People as the study moves forward.

ARTICLE 11. The President of the Conference is to inform the Holy See of this revised Charter to indicate the manner in which we, the Catholic bishops, together with the entire Church in the United States, intend to continue our commitment to the protection of children and young people. The President is also to share with the Holy See the annual reports on the implementation of the Charter.

To Protect the Faithful

ARTICLE 12. Dioceses/eparchies are to maintain “safe environment” programs that the diocesan/eparchial bishop deems to be in accord with Catholic moral principles. They are to be conducted cooperatively with parents, civil authorities, educators, and community organizations to provide education and training for children, youth, parents, ministers, educators, volunteers, and others about ways to make and maintain a safe environment for children and young people. Dioceses/eparchies are to make clear to clergy and all members of the community the standards of conduct for clergy and other persons in positions of trust with regard to children.

ARTICLE 13. Dioceses/eparchies are to evaluate the background of all incardinated and non-incardinated priests and deacons who are engaged in ecclesiastical ministry in the diocese/eparchy and of all diocesan/eparchial and parish/school or other paid personnel and volunteers whose duties include ongoing, unsupervised contact with minors. Specifically, they are to utilize the resources of law enforcement and other community agencies. In addition, they are to employ adequate screening and evaluative techniques in deciding the fitness of candidates for ordination (cf. National Conference of Catholic Bishops, Program of Priestly Formation, 1993, no. 513).

ARTICLE 14. Transfers of clergy who have committed an act of sexual abuse against a minor for residence, including retirement, shall be as in accord with Norm 12 of the Essential Norms. (Cf. Proposed Guidelines on the Transfer or Assignment of Clergy and Religious, adopted by the USCCB, the Conference of Major Superiors of Men, the Leadership Conference of Women Religious, and the Council of Major Superiors of Women Religious in 1993.)

ARTICLE 15. To ensure continuing collaboration and mutuality of effort in the protection of children and young people on the part of the bishops and religious ordinaries, two representatives of the Conference of Major Superiors of Men are to serve as consultants to the Committee for the Protection of Children and Young People. At the invitation of the Major Superiors, the Committee will designate two of its members to consult with its counterpart at CMSM. Diocesan/eparchial bishops and major superiors of clerical institutes or their delegates are to meet periodically to coordinate their roles concerning the issue of allegations made against a cleric member of a religious institute ministering in

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a diocese/eparchy.

ARTICLE 16. Given the extent of the problem of the sexual abuse of minors in our society, we are willing to cooperate with other churches and ecclesial communities, other religious bodies, institutions of learning, and other interested organizations in conducting research in this area.

ARTICLE 17. We pledge our complete cooperation with the Apostolic Visitation of our diocesan/eparchial seminaries and religious houses of formation recommended in the Interdicasterial Meeting with the Cardinals of the United States and the Conference Officers in April 2002.

We commit ourselves to work individually in our dioceses/eparchies and together as a Conference, through the appropriate committees, to strengthen our programs both for initial priestly formation and for the ongoing formation of priests. With new urgency, we will promote programs of human formation for chastity and celibacy for both seminarians and priests based upon the criteria found in Pastores Dabo Vobis, the Program of Priestly Formation, and the Basic Plan for the Ongoing Formation of Priests. We will continue to assist priests, deacons, and seminarians in living out their vocation in faithful and integral ways.

We bishops and eparchs commit ourselves to work as one with our brother priests and deacons to foster reconciliation among all people in our dioceses/eparchies, especially with those individuals who were themselves abused and the communities that have suffered because of the sexual abuse of minors that occurred in their midst.

Conclusion

As we wrote three years ago, “It is within this context of the essential soundness of the priesthood and of the deep faith of our brothers and sisters in the Church that we know that we can meet and resolve this crisis for now and the future.”

We wish to re-affirm once again that the vast majority of priests and deacons serve their people faithfully and that they have the esteem and affection of their people. They also have our love and esteem and our commitment to their good names and well-being.

An essential means of dealing with the crisis is prayer for healing and reconciliation, and acts of reparation for the grave offense to God and the deep wound inflicted upon his holy people. Closely connected to prayer and acts of reparation is the call to holiness of life and the care of the diocesan/eparchial bishop to ensure that he and his priests avail themselves of the proven ways of avoiding sin and growing in holiness of life.

It is with reliance on prayer and penance that we renew the pledges which we made in the original Charter:

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We pledge most solemnly to one another and to you, God’s people, that we will work to our utmost for the protection of children and youth.

We pledge that we will devote to this goal the resources and personnel necessary to accomplish it.

We pledge that we will do our best to ordain to the priesthood and put into positions of trust only those who share this commitment to protecting children and youth.

We pledge that we will work toward healing and reconciliation for those sexually abused by clerics.

Much has been done to honor these pledges. We devoutly pray that God who has begun this good work in us will bring it to fulfillment.

This Charter is published for the dioceses/eparchies of the United States. It is to be reviewed again in five years by the Committee for the Protection of Children and Young People with the advice of the National Review Board. The results of this review are to be presented to the full Conference of Bishops for confirmation.

*In accord with Sacramentorum sanctitatis tutela (SST), article 4 §1, sexual abuse, for purposes of this Charter, shall include any offense by a cleric against the Sixth Commandment of the Decalogue with a minor as understood in the Code of Canon Law, c. 1395 §2 (“A cleric who in another way has committed an offense against the sixth commandment of the Decalogue, if the delict was committed by force or threats or publicly or with a minor below the age of sixteen years [raised in SST to eighteen years which has been the age of majority for the USA since 1994], is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants”) and the Code of Canons of the Eastern Churches, c. 1453 §1 (“A cleric who lives in concubinage or gives permanent scandal by publicly sinning against chastity is to be punished with a suspension, to which, other penalties can be gradually added up to deposition, if he persists in the offense”).

If there is any doubt whether a specific act qualifies as an external, objectively grave violation, the writings of recognized moral theologians should be consulted, and the opinions of recognized experts should be appropriately obtained (Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995, p. 6). Ultimately, it is the responsibility of the diocesan bishop/eparch, with the advice of a qualified review board, to determine the gravity of the alleged act.

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The document Charter for the Protection of Children and Young People was developed by the Ad Hoc Committee for Sexual Abuse of the United States Conference of Catholic Bishops (USCCB). It was approved by the full body of U.S. Catholic bishops at its June 2005 General Meeting and has been authorized for publication by the undersigned.

Msgr. William P. FayGeneral Secretary, USCCB

Scripture texts used in this work are taken from the New American Bible, copyright © 1991, 1986, and 1970 by the Confraternity of Christian Doctrine, Washington, DC 20017 and are used by permission of the copyright owner. All rights reserved.Appendix 6

On Priesthood and Those With Homosexual TendenciesInstruction From Congregation for Catholic Education

VATICAN CITY, NOV. 29, 2005 (Zenit.org).- Here is the text of the new Vatican instruction "Concerning the Criteria for the Discernment of Vocations with Regard to Persons with Homosexual Tendencies in View of Their Admission to the Seminary and to Holy Orders."

The Congregation for Catholic Education, which oversees seminary formation, published the instruction today.

* * *

Introduction

In continuity with the teaching of the Second Vatican Council and, in particular, with the Decree "Optatam totius"(1) on priestly formation, the Congregation for Catholic Education has published various documents with the aim of promoting a suitable, integral formation of future priests, by offering guidelines and precise norms regarding its diverse aspects.(2) In the meantime, the 1990 Synod of Bishops also reflected on the formation of priests in the circumstances of the present day, with the intention of bringing to completion the doctrine of the Council on this theme and making it more explicit and effective in today's world. Following this Synod, Pope John Paul II published the Post-Synodal Apostolic Exhortation "Pastores Dabo Vobis."(3)

In light of this abundant teaching, the present Instruction does not intend to dwell on all questions in the area of affectivity and sexuality that require an attentive discernment during the entire period of formation. Rather, it contains norms concerning a specific question, made more urgent by the current situation, and that is: whether to admit to the seminary and to holy orders candidates who have

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deep-seated homosexual tendencies.

1. Affective Maturity and Spiritual Fatherhood

According to the constant Tradition of the Church, only a baptized person of the male sex validly receives sacred ordination.(4) By means of the sacrament of orders, the Holy Spirit configures the candidate to Jesus Christ in a new and specific way: the priest, in fact, sacramentally represents Christ, the head, shepherd and spouse of the Church.(5) Because of this configuration to Christ, the entire life of the sacred minister must be animated by the gift of his whole person to the Church and by an authentic pastoral charity.(6)

The candidate to the ordained ministry, therefore, must reach affective maturity. Such maturity will allow him to relate correctly to both men and women, developing in him a true sense of spiritual fatherhood towards the Church community that will be entrusted to him.(7)

2. Homosexuality and the Ordained Ministry

From the time of the Second Vatican Council until today, various documents of the Magisterium, and especially the Catechism of the Catholic Church, have confirmed the teaching of the Church on homosexuality. The Catechism distinguishes between homosexual acts and homosexual tendencies.

Regarding acts, it teaches that Sacred Scripture presents them as grave sins. The Tradition has constantly considered them as intrinsically immoral and contrary to the natural law. Consequently, under no circumstance can they be approved.

Deep-seated homosexual tendencies, which are found in a number of men and women, are also objectively disordered and, for those same people, often constitute a trial. Such persons must be accepted with respect and sensitivity. Every sign of unjust discrimination in their regard should be avoided. They are called to fulfill God's will in their lives and to unite to the sacrifice of the Lord's Cross the difficulties they may encounter.(8)

In the light of such teaching, this dicastery, in accord with the Congregation for Divine Worship and the Discipline of the Sacraments, believes it necessary to state clearly that the Church, while profoundly respecting the persons in question, cannot admit to the seminary or to holy orders those who practice homosexuality, present deep-seated homosexual tendencies or support the so-called "gay culture."(10)

Such persons, in fact, find themselves in a situation that gravely hinders them from relating correctly to men and women. One must in no way overlook the negative consequences that can derive from the ordination of persons with deep-

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seated homosexual tendencies.

Different, however, would be the case in which one was dealing with homosexual tendencies that were only the expression of a transitory problem -- for example, that of an adolescence not yet superseded. Nevertheless, such tendencies must be clearly overcome at least three years before ordination to the diaconate.

3. Discernment by the Church Concerning the Suitability of Candidates

There are two inseparable elements in every priestly vocation: the free gift of God and the responsible freedom of the man. A vocation is a gift of divine grace, received through the Church, in the Church and for the service of the Church. In responding to the call of God, the man offers himself freely to him in love.(11) The desire alone to become a priest is not sufficient, and there does not exist a right to receive sacred ordination. It belongs to the Church -- in her responsibility to define the necessary requirements for receiving the sacraments instituted by Christ -- to discern the suitability of him who desires to enter the seminary,(12) to accompany him during his years of formation, and to call him to holy orders if he is judged to possess the necessary qualities.(13)

The formation of the future priest must distinctly articulate, in an essentially complementary manner, the four dimensions of formation: human, spiritual, intellectual and pastoral.(14) In this context, it is necessary to highlight the particular importance of human formation, as the necessary foundation of all formation.(15) In order to admit a candidate to ordination to the diaconate, the Church must verify, among other things, that the candidate has reached affective maturity.(16)

The call to orders is the personal responsibility of the bishop(17) or the major superior. Bearing in mind the opinion of those to whom he has entrusted the responsibility of formation, the bishop or major superior, before admitting the candidate to ordination, must arrive at a morally certain judgment on his qualities. In the case of a serious doubt in this regard, he must not admit him to ordination. (18)

The discernment of a vocation and of the maturity of the candidate is also a serious duty of the rector and of the other persons entrusted with the work of formation in the seminary. Before every ordination, the rector must express his own judgment on whether the qualities required by the Church are present in the candidate.(19)

In the discernment concerning the suitability for ordination, the spiritual director has an important task. Although he is bound to secrecy, he represents the Church in the internal forum. In his discussions with the candidate, the spiritual director must especially point out the demands of the Church concerning priestly chastity and the affective maturity that is characteristic of the priest, as well as

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help him to discern whether he has the necessary qualities.(20) The spiritual director has the obligation to evaluate all the qualities of the candidate's personality and to make sure that he does not present disturbances of a sexual nature, which are incompatible with the priesthood. If a candidate practices homosexuality or presents deep-seated homosexual tendencies, his spiritual director, as well as his confessor, have the duty to dissuade him in conscience from proceeding toward ordination.

It goes without saying that the candidate himself has the primary responsibility for his own formation.(21) He must offer himself trustingly to the discernment of the Church, of the bishop who calls him to orders, of the rector of the seminary, of his spiritual director and of the other seminary educators to whom the bishop or major superior has entrusted the task of forming future priests. It would be gravely dishonest for a candidate to hide his own homosexuality in order to proceed, despite everything, toward ordination. Such a deceitful attitude does not correspond to the spirit of truth, loyalty and openness that must characterize the personality of him who believes he is called to serve Christ and his Church in the ministerial priesthood.

Conclusion

This Congregation reaffirms the need for bishops, major superiors and all relevant authorities to carry out an attentive discernment concerning the suitability of candidates for holy orders, from the time of admission to the seminary until ordination. This discernment must be done in light of a conception of the ministerial priesthood that is in accordance with the teaching of the Church.

Let bishops, episcopal conferences and major superiors look to see that the constant norms of this Instruction be faithfully observed for the good of the candidates themselves, and to guarantee that the Church always has suitable priests who are true shepherds according to the heart of Christ.

The Supreme Pontiff Benedict XVI, on 31 August 2005, approved this present Instruction and ordered its publication.

Rome, 4 November 2005, Memorial of Saint Charles Borromeo, Patron of Seminaries.

ZENON Card. GROCHOLEWSKI Prefect

+ J. MICHAEL MILLER, C.S.B. Titular Archbishop of Vertara Secretary

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1 SECOND VATICAN ECUMENICAL COUNCIL, Decree on priestly formation Optatam totius (28 October 1965): AAS 58 (1966), 713-727.

2 Cf. CONGREGATION FOR CATHOLIC EDUCATION, "Ratio fundamentalis institutionis sacerdotalis" (6 January 1970; second edition 19 March 1985); The Study of Philosophy in Seminaries (20 January 1972); A Guide to Formation in Priestly Celibacy (11 April 1974); On the Teaching of Canon Law to Those Preparing to be Priests (2 April 1975); The Theological Formation of Future Priests (22 February 1976); "Epistula circularis de formatione vocationum adultarum" (14 July 1976); Instruction on Liturgical Formation in Seminaries (3 June 1979); Circular Letter Concerning Some of the More Urgent Aspects of Spiritual Formation in Seminaries (6 January 1980); Educational Guidance in Human Love: Outlines for Sex Education (1 November 1983); Pastoral Care of People on the Move in the Formation of Future Priests (25 January 1986); Guide to the Training of Future Priests Concerning the Instruments of Social Communication (19 March 1986); Circular Letter Concerning Studies of the Oriental Churches (6 January 1987); The Virgin Mary in Intellectual and Spiritual Formation (25 March 1988); Guidelines for the Study and Teaching of the Church's Social Doctrine in the Formation of Priests (30 December 1988); Instruction on the Study of the Fathers of the Church in the Formation of Priests (10 November 1989); Directives Concerning the Preparation of Seminary Educators (4 November 1993); Directives on the Formation of Seminarians Concerning Problems Related to Marriage and the Family (19 March 1995); Instruction to the Episcopal Conferences on the Admission to Seminary of Candidates Coming from Other Seminaries or Religious Families (9 October 1986 and 8 March 1996); The Propaedeutic Period (1 May 1998); Circular Letters Concerning the Canonical Norms relating to Irregularities and Impediments both "ad Ordines recipiendos" and "ad Ordines exercendos" (27 July 1992 and 2 February 1999).

3 POPE JOHN PAUL II, Post-Synodal Apostolic Exhortation "Pastores Dabo Vobis" (25 March 1992): AAS 84 (1992), 657-864.

4 Cf. e. Le. can. 1024 and e.e.E.O. can. 754; POPE JOHN PAUL II, Apostolic Letter "Ordinatio sacerdotalis" on reserving priestly ordination to men alone (22 May 1994): AAS 86 (1994), 545-548.

5 Cf. SECOND VATICAN ECUMENICAL COUNCIL, Decree on the ministry and life of priests "Presbyterorum ordinis" (1 December 1965), n. 2: AAS 58 (1966), 991-993; Pastores Dabo Vobis, n. 16: AAS 84 (1992), 681-682. With regard to the priest's configuration to Christ, bridegroom of the Church, "Pastores Dabo Vobis" states "The priest is called to be the living image of Jesus Christ, the spouse of the Church. [...] In his spiritual life, therefore, he is called to live out Christ's spousal love toward the Church, his bride. Therefore, the priest's life

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ought to radiate this spousal character, which demands that he be a witness to Christ's spousal love" (n. 22): AAS 84 (1992), 691.

6 Cf. "Presbyterorum ordinis," n. 14: AAS 58 (1966), 1013-1014; "Pastores Dabo Vobis," n. 23: AAS 84 (1992), 691-694.

7 Cf. CONGREGATION FOR THE CLERGY, Directory on the Ministry and Life of Priests (31 March 1994), n. 58.

8 Cf. CATECHISM OF THE CATHOLIC CHURCH ("editio typica,"1997), nn. 2357-2358. Cf. also the various documents of the CONGREGATION FOR THE DOCTRINE OF THE FAITH: Declaration "Persona Humana" on certain questions concerning sexual ethics (29 December 1975); Letter "Homosexualitatis problema" to the bishops of the Catholic Church on the pastoral care of homosexual persons (1 October 1986); Some Considerations Concerning the Response to Legislative Proposals on Non-discrimination of Homosexual Persons (23 July 1992); Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons (3 June 2003). With regard to homosexual inclinations, the Letter "Homosexualitatis problema" states that "Although the particular inclination of the homosexual person is not a sin, it is a more or less strong tendency ordered toward an intrinsic moral evil; and thus the inclination itself must be seen as an objective disorder" (n. 3).

9 Cf. CATECHISM OF THE CATHOLIC CHURCH ("editio typica," 1997), n. 2358; cf. also c.I.c., can. 208 and C.C.E.O., can. 11.

10 Cf. CONGREGATION FOR CATHOLIC EDUCATION, A memorandum to bishops seeking advice in matters concerning homosexuality and candidates for admission to Seminary (9 July 1985); CONGREGATION FOR DIVINE WORSHIP AND THE DISCIPLINE OF THE SACRAMENTS, Letter (16 May 2002): Notitiae 38 (2002), 586.

11 Cf. "Pastores Dabo Vobis," nn. 35-36: AAS 84 (1992), 714-718.

12 Cf. e.Le., can. 241, § 1: "A diocesan bishop is to admit to a major seminary only those who are judged qualified to dedicate themselves permanently to the sacred ministries; he is to consider their human, moral, spiritual, and intellectual qualities, their physical and psychic health, and their correct intention"; cf. e.e.E.O., can. 342, § 1.

13 Cf. "Optatam totius," n. 6: AAS 58 (1966), 717. Cf. also e.Le., can. 1029: "Only those are to be promoted to orders who, in the prudent judgment of their own bishop or of the competent major superior, all things considered, have integral faith, are moved by the right intention, have the requisite knowledge, possess a good reputation, and are endowed with integral morals and proven virtues and the other physical and psychic qualities in keeping with the order to

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be received"; cf. e.e.E.O., can. 758. Not to call to orders those who do not have the necessary qualities is not an unjust discrimination: cf. CONGREGATION FOR THE DOCTRINE OF THE FAITH, Some Considerations Concerning the Response to Legislative Proposals on Nondiscrimination of Homosexual Persons.

14 Cf. "Pastores Dabo Vobis," nn. 43-59: AAS 84 (1992), 731-762.

15 Cf. ibid., n. 43: "The priest, who is called to be a 'living image' of Jesus Christ, head and shepherd of the Church, should seek to reflect in himself, as far as possible, the human perfection which shines forth in the incarnate Son of God and which is reflected with particular liveliness in his attitudes toward others": AAS 84 (1992), 732.

16 Cf. ibid., nn. 44 and 50: AAS 84 (1992), 733-736 and 746-748. Cf. also: CONGREGATION FOR DIVINE WORSHIP AND THE DISCIPLINE OF THE SACRAMENTS, Circular Letter to the Most Reverend Diocesan Bishops and Other Ordinaries with Canonical Faculties to Admit to Sacred Orders Concerning: Scrutinies regarding the Suitability of Candidates for Orders (10 November 1997): Notitiae 33 (1997), 507-518, particularly Enclosure V.

17 Cf. CONGREGATION FOR BISHOPS, Directory for the Pastoral Ministry of Bishops "Apostolorum Successores" (22 February 2004), n. 88.

18 Cf. e.Le., can. 1052, § 3: "If [...] the bishop doubts for specific reasons whether a candidate is suitable to receive orders, he is not to promote him." Cf. also e.e.E.O., can. 770.

19 Cf. e.Le., can. 1051: "The following prescripts regarding the investigation about the qualities required in the one to be ordained are to be observed: [...] there is to be a testimonial of the rector of the seminary or house of formation about the qualities required to receive the order, that is, about the sound doctrine of the candidate, his genuine piety, good morals, and aptitude to exercise the ministry, as well as, after a properly executed inquiry, about his state of physical and psychic health."

20 Cf. "Pastores Dabo Vobis," nn. 50 and 66: AAS 84 (1992), 746-748 and 772-774. Cf. also "Ratio fundamentalis institutionis sacerdotalis," n. 48.

21 Cf. "Pastores Dabo Vobis," n. 69: AAS 84 (1992), 778.

Appendix 7

Charitable Organizations and Party PoliticsIt's a presidential election year, and with presidential politics comes increased scrutiny of nonprofits' lobbying and advocacy efforts. Unless they are careful,

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501(c)(3) public charities that engage in political activities could find themselves endangering their tax-exempt status.On April 28, 2004, the IRS released guidance on what charities are and are not allowed to do in relation to political campaigns. Public charities are absolutely prohibited from supporting or opposing particular candidates for office. Charities can encourage people to vote or sponsor political debates or educational forums, as long as those activities are offered in a bipartisan manner.A charity can also engage in lobbying to a limited extent. Lobbying must not, however, make up a substantial part of the nonprofit's activities.For more information, see the April 28 IRS release and February 2004 guidance on political and lobbying activities.FEC considers expanding definition of "political committees"In a related matter, the Federal Election Commission (FEC) has been considering action that could possibly affect 501(c)(3) and 501(c)(4) organizations. In early March, the FEC proposed classifying section 527 organizations as "political committees." As part of the proposal, the FEC asked if the political committee designation should be extended to 501(c)(3) and 501(c)(4) organizations as well.The IRS defines a section 527 organization as "a party, committee, fund, association, etc., that directly or indirectly accepts contributions or makes expenditures for political campaigns." The term "527" refers to the section of the tax code under which these nonprofits operate.Section 527 organizations have come under scrutiny lately as political parties accuse each other of using this type of organization to bypass limitations set by the Bipartisan Campaign Reform Act, also known as McCain-Feingold. Classifying section 527 nonprofits as political committees would make them subject to the fundraising regulations set forth by the campaign finance law. McCain-Feingold imposes strict spending limits on political parties and affiliated political committees, but as "unaffiliated" third-party organizations, 527s have been considered exempt from these regulations. They are able to solicit money from corporations and can accept individual contributions in excess of $5,000, the "soft money" that the campaign finance law was designed to prevent. Although 527s are required to be politically neutral and may not be affiliated with a political party, they make no secret of their political agendas, and a few have been financing multi-million dollar ad campaigns. Reaction to the FEC proposalThe FEC proposal alarmed some nonprofit leaders. They were concerned that the regulations would limit get-out-the-vote drives, voter education efforts, and similar activities permitted under current regulations.May's Question of the Month asked GuideStar Newsletter subscribers if they were concerned that the proposed regulations would affect 501(c)(3) and 501(c)(4) organizations. Three-quarters of the respondents said they were.Several participants stated that they believed the proposals were politically motivated. A number described the proposals as censorship.Some respondents were concerned about how the regulations would be implemented. "It would be easy under this law for the FEC to label a nonprofit as

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a 'political committee' based upon arbitrary or partisan criteria," said one. "Because there is a general lack of understanding of Section 527, there will be an impact due to confusion," commented another. "All it would take is one disgruntled employee or rival group to make a complaint about an innocent nonprofit and you're in a world of hurt with the IRS for months trying to defend yourselves,"" stated a third.Other readers commented on the need for political leadership by nonprofit organizations: "There is a difference between advocating for our clients and getting involved in a political campaign of a candidate," an anonymous participant observed." Another noted, "Big corporations and moneyed political action committees have major voices, but individuals and nonprofits don't. I am worried that even the small amount of democratic participation now permitted for nonprofits will be curtailed too. And nonprofit groups by and large are motivated by concerns for the public good, so they really should have a voice in public affairs.""I believe nonprofits that are intimately involved in social issues need the unfettered right to make their needs known to politicians and the public," another reader said. "These social concerns are by definition political concerns. Nonprofit advocacy (not political action) organizations need the ability to express their and their clients' needs openly. Then, of course, there is the First Amendment."FEC postpones actionIn hearings on May 13, 2004, the FEC voted against a revised proposal sponsored by Commissioners Michael Toner (R) and Scott Thomas (D). The commission also decided to postpone any further action on the issue for 90 days. For more information on the FEC proposals, see the Independent Sector and Nonprofit Advocacy Web sites.Suzanne E. Coffman and Patrick Ferraro, June 2004© 2004, Philanthropic Research, Inc. (GuideStar)Suzanne Coffman is GuideStar's director communications and editor of the Newsletter. Patrick Ferraro is a freelance writer and former editor of the Newsletter.IR-2004-59, April 28, 2004WASHINGTON — Charities should be careful that their efforts to educate voters comply with the Internal Revenue Code requirements concerning political campaign activities, the tax agency said today in a presidential election-year advisory.Organizations described in section 501(c)(3) of the Code that are exempt from federal income tax are prohibited from participating or intervening in any political campaign on behalf of, or in opposition to, any candidate for public office. Charities, educational institutions and religious organizations, including churches, are among those that are tax-exempt under this code section.These organizations cannot endorse any candidates, make donations to their campaigns, engage in fund raising, distribute statements, or become involved in any other activities that may be beneficial or detrimental to any candidate. Even activities that encourage people to vote for or against a particular candidate on

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the basis of nonpartisan criteria violate the political campaign prohibition of section 501(c)(3).Whether an organization is engaging in prohibited political campaign activity depends upon all the facts and circumstances in each case. For example, organizations may sponsor debates or forums to educate voters. If the debate or forum shows a preference for or against a certain candidate, however, it becomes a prohibited activity.The federal courts have upheld this prohibition on political campaign activity, most recently in Branch Ministries v. Rossotti, 211 F.3d 137 (D.C. Cir. 2000). The courts have held that it is not unconstitutional for the tax law to impose conditions, such as the political campaign prohibition, upon exemption from federal income tax.If the IRS finds a section 501(c)(3) organization engaged in prohibited campaign activity, the organization could lose its tax-exempt status and it could be subject to an excise tax on the amount of money spent on that activity.In cases of flagrant violation of the law, the IRS has specific statutory authority to make an immediate determination and assessment of tax. Also, the IRS can ask a federal district court to enjoin the organization from making further political expenditures.In addition, contributions to organizations that lose their section 501(c)(3) status because of political activities are not deductible by the donors for federal income tax purposes.The political campaign prohibition as it applies to churches is discussed in Publication 1828, Tax Guide for Churches and Religious Organizations. This publication, along with other information about the political campaign prohibition, is available on IRS.gov at www.irs.gov/eo.The IRS issued similar election-year advisories to charities in 1992, 1996 and 2000.

Political and Lobbying Activities(Adapted from IRS Publication 1828, Tax Guide for Churches and Religious Organizations - February 2004)Political activities and legislative activities are two different things and are subject to two different sets of rules. The rules depend on the type of tax-exempt organization, the type of activity (political or legislative) at issue, the scope or amount of the activity conducted, and the consequences of exceeding the given set of limitations.Lobbying Activity

In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status. Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive office), or by the public in

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referendum, ballot initiative, constitutional amendment, or similar procedure. It does not include actions by executive, judicial, or administrative bodies. An organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation.Organizations may, however, involve themselves in issues of public policy without the activity being considered as lobbying.  For example, organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing their tax-exempt status.Measuring Lobbying Activity:  Substantial Part TestWhether an organization’s attempts to influence legislation constitute a substantial part of its overall activities is determined on the basis of all the pertinent facts and circumstances in each case.  The IRS considers a variety of factors, including the time devoted (by both compensated and volunteer workers) and the expenditures devoted by the organization to the activity, when determining whether the lobbying activity is substantial. Under the substantial part test, an organization that conducts excessive lobbying activity in any taxable year may lose its tax-exempt status, resulting in all of its income being subject to tax.  In addition, a religious organization is subject to an excise tax equal to five percent of its lobbying expenditures for the year in which it ceases to qualify for exemption. Further, a tax equal to five percent of the lobbying expenditures for the year may be imposed against organization managers, jointly and severally, who agree to the making of such expenditures knowing that the expenditures would likely result in the loss of tax-exempt status.Measuring Lobbying Activity:  Expenditure TestOrganizations other than churches and private foundations may elect the expenditure test under section 501(h) as an alternative method for measuring lobbying activity.  Under the expenditure test, the extent of an organization’s lobbying activity will not jeopardize its tax-exempt status, provided its expenditures, related to such activity, do not normally exceed an amount specified in section 4911.  This limit is generally based upon the size of the organization and may not exceed $1,000,000. Organizations electing to use the expenditure test must file Form 5768, Election/Revocation of Election by an Eligible IRC Section 501(c)(3) Organization to Make Expenditures to Influence Legislation, at any time during the tax year for which it is to be effective.  The election remains in effect for succeeding years unless it is revoked by the organization.  Revocation of the election is effective beginning with the year following the year in which the revocation is filed. Under the expenditure test, an organization that engages in excessive lobbying activity over a four-year period may lose its tax-exempt status, making all of its income for that period subject to tax.  Should the organization exceed its lobbying expenditure dollar limit in a particular year, it must pay an excise tax equal to 25 percent of the excess.

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Political Campaign Activity

Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.  Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity.  Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise tax.  Certain activities or expenditures may not be prohibited depending on the facts and circumstances.  For example, certain voter education activities (including the presentation of public forums and the publication of voter education guides) conducted in a non-partisan manner do not constitute prohibited political campaign activity. In addition, other activities intended to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, would not constitute prohibited political campaign activity if conducted in a non-partisan manner.  On the other hand, voter education or registration activities with evidence of bias that: (a) would favor one candidate over another; (b) oppose a candidate in some manner; or (c) have the effect of favoring a candidate or group of candidates, will constitute prohibited participation or intervention.Individual Activity by Organization LeadersThe political campaign activity prohibition is not intended to restrict free expression on political matters by leaders of organizations speaking for themselves, as individuals.  Nor are leaders prohibited from speaking about important issues of public policy.  However, for their organizations to remain tax-exempt under section 501(c)(3), leaders cannot make partisan comments in official organization publications or at official functions. To avoid potential attribution of their comments outside of organization functions and publications, organization leaders who speak or write in their individual capacity are encouraged to clearly indicate that their comments are personal and not intended to represent the views of the organization.Inviting a Candidate to SpeakDepending on the facts and circumstances, an organization may invite political candidates to speak at its events without jeopardizing its tax-exempt status.  Political candidates may be invited in their capacity as candidates, or individually (not as a candidate). Speaking as a Candidate:When a candidate is invited to speak at an organization event as a political candidate, the organization must take steps to ensure that:It provides an equal opportunity to the political candidates seeking the same office,It does not indicate any support of or opposition to the candidate (This should be stated explicitly when the candidate is introduced and in communications concerning the candidate’s attendance.), and

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No political fundraising occurs.Equal Opportunity to Participate:In determining whether candidates are given an equal opportunity to participate, an organization should consider the nature of the event to which each candidate is invited, in addition to the manner of presentation.For example, an organization that invites one candidate to speak at its well attended annual banquet, but invites the opposing candidate to speak at a sparsely attended general meeting, will likely be found to have violated the political campaign prohibition, even if the manner of presentation for both speakers is otherwise neutral.Depending on the facts and circumstances, an organization may invite political candidates to speak at its events without jeopardizing its tax-exempt status.  Political candidates may be invited in their capacity as candidates, or individually (not as a candidate). Public Forum:Sometimes an organization invites several candidates to speak at a public forum.  A public forum involving several candidates for public office may qualify as an exempt educational activity.  However, if the forum is operated to show a bias for or against any candidate, then the forum would be a prohibited campaign activity, as it would be considered intervention or participation in a political campaign. When an organization invites several candidates to speak at a forum, it should consider the following factors:Whether questions for the candidate are prepared and presented by an independent nonpartisan panel,Whether the topics discussed by the candidates cover a broad range of issues that the candidates would address if elected to the office sought and are of interest to the public,Whether each candidate is given an equal opportunity to present his or her views on the issues discussed,Whether the candidates are asked to agree or disagree with positions, agendas, platforms or statements of the organization, andWhether a moderator comments on the questions or otherwise implies approval or disapproval of the candidates.Speaking as a Non-Candidate:An organization may invite political candidates to speak in a non-candidate capacity.  For instance, a political candidate may be a public figure because he or she: (a) currently holds, or formerly held, public office; (b) is considered an expert in a non-political field; or (c) is a celebrity or has led a distinguished military, legal, or public service career.  When a candidate is invited to speak at an event in a non-candidate capacity, it is not necessary for the organization to provide equal access to all political candidates.However, the organization must ensure that:The individual speaks only in a non-candidate capacity,Neither the individual nor any representative of the organization makes any mention of his or her candidacy or the election, and

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No campaign activity occurs in connection with the candidate’s attendance.In addition, the organization should clearly indicate the capacity in which the candidate is appearing and should not mention the individual’s political candidacy or the upcoming election in the communications announcing the candidate’s attendance at the event.Voter’s Guides

Organizations undertake voter education activities by distributing voter guides.  Voter guides, generally, are distributed during an election campaign and provide information on how all candidates stand on various issues.  These guides may be distributed with the purpose of educating voters; however, they may not be used to attempt to favor or oppose candidates for public elected office. Type of Tax-Exempt OrganizationThe rules discussed in this article apply only to 501(c)(3) organizations.  In addition to these restrictions, private foundations are subject to excise taxes on expenditures for political and lobbying activities.

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Table of contentsI. General introduction to Law in the Church, page 1II. Overview of the Code of 1983, page 25III. Juridical persons, page 27IV. Election, page 36V. Associations Of Christ’s Faithful, page 41VI. Norms Common To All Institutes Of Consecrated Life, page 48VII. The Relationship of Institutes to Ecclesiastical Authority, page 55VIII. The Evangelical Counsels, page 61IX. Religious Institutes, page 65X. The Governance Of Institutes, page 72XI. Temporal Goods and their Administration, page 82XII. The Admission Of Candidates And The Formation Of Members, page 87XIII. Religious Profession, page 96XIV. The Obligations And Rights Of Institutes And Of Their Members, page 101XV. The Apostolate Of Institutes, page 107XVI. The Separation Of Members From The Institute, page 112XVII. The Dismissal of Members, page 118XIX. Religious Raised To The Episcopate, page 123XX. Conferences Of Major Superiors, page 124

APPENDICESAppendix 1: Book V of the Code -- The Temporal Goods Of The Church, page 125Appendix 2:The canons on monks and religious from the Oriental Code, page 136Appendix 3:Dismissal Of Members, more fully developed, page 164Appendix 4:Essential Norms For Diocesan/Eparchial Policies Dealing With Allegations Of Sexual Abuse Of Minors By Priests Or Deacons, page 170Appendix 5:Charter For The Protection Of Children And Young People, page 176Appendix 6:On Priesthood and Those With Homosexual Tendencies, page 187Appendix 7:Charitable Organizations and Party Politics, page 194

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