Handbook of canon law, for congregations of women under simple vows

Front matter

Book_

Copyright iY’ .

COPYRIGHT DEPOSIT.

Preface

RELIGIOUS communities are the chosen 'portion of the fold of Christ; in them Christian virtue and evangelical perfection should shine forth in all their splendor. The Church has at various times adopted suitable measures to enable them to continue on that high plane. The multitude of laws and regulations affecting them became, however, in course of time, a source of doubts and difficulties. It was above all neces¬ sary for the preservation of order and harmony, which must prevail in every society, that the authority of the Superiors of the congregations and that of the Bishops over them should be well defined. In order to respect each other's rights both should know the law.

In order to prevent all future conflict, Pope Leo XIII promulgated on December 8, 1900, the constitution, <( Conditce a Christo,” in which he determined on the one hand the rights of the Bishop in regard to institu¬ tions of simple vows, whether diocesan or non-diocesan, and on the other hand, the rights and duties of Superiors 5

IPttiatt towards the diocesan authority. This document of the greatest importance fixed the canonical legislation as applying to congregations of simple vows, hut only in its main outlines, and needed a supplement to regu¬ late the details of a practical organization. This supplement was found in the “Normae” or rules which the Sacred Congregation of Regulars was wont to follow in the approbation of new congregations of simple vows. It was a code of 325 articles describ¬ ing with precision the pattern according to which constitutions had to be framed. The “Normae” strictly speaking concerned only those congregations which would apply to the Congregation of Regulars for the approbation of their constitutions. They had no retrospective effect for congregations already approved, and in themselves they were not laws. They manifested, however, the wishes* and recom¬ mendations of the Sacred Congregation. The Sacred Congregation has no intention of imposing absolute uniformity on all new congregations, as this would destroy their varied usefulness. But religious life is substantially the same for all, and therefore the various constitutions will practically resemble each other .

Although written for congregations of women, the “Handbook” applies also to congregations of

Preface brothers with simple vows, with the exception of the articles concerning postulants, examination of can¬ didates by the Bishop before taking the habit and before profession, dowry, the dwelling of the chap¬ lain, the presidency of the Bishop at the general chapter.

This edition has been thoroughly revised according to the new Codex of Canon Law, which came into force on Pentecost 1918. The whole of the Second part of the Second Book — 195 canons — is devoted to Religious, that important part of the membership of the Church. The new Codex provides that in all cases, in which the former legislation is contrary to its canons, it is abrogated; when it is not, the former legislation remains in force. The text of the Consti¬ tutions of all approved Congregations must be corrected according to the prescriptions of the new Codex. To avoid all inconvenience in a matter of such impor¬ tance, the Sacred Congregation of Religious by its Decree of 26 June, 1918, orders that the corrected text shall be submitted to its examinations. All ap¬ proved Congregations, as also all societies of men and women, without public vows, can conveniently do so, when they send the report about the state of their congregations to the Holy See, as prescribed by Canon 510; that is, the fifth year from the last repreface port, unless the approved constitutions should re¬ quire a period of less than five years. For the purpose of examination some copies of the constitutions should he sent together with the necessary corrections. The “Normae,” upon which the “Handbook” chiefly rested, were partly superseded by a code of new regu¬ lations under the old name. These new regulations were approved by H. H. Pope Benedict XV March 6, 1921. The dispositions contained therein re¬ place the first section of the old “Normae.” The S. Congregation declares that there seems to be no fur¬ ther need of the second section, as writers of Consti¬ tutions must now conform to the canons concerning religious, and may consult learned authors. The purpose of the new “Normae ” is the same as of the former, viz: 1°, to offer a sure guide explaining all that is necessary in order to obtain approval of new religious Congregations and of their Constitutions, and 2°, in order that local Ordinaries, and religious Superiors may know what documents and proofs to forward to the S. Congregation to enable it to pass with more ease and quickly upon the Constitutions. When we quote the “ Normae,” we refer to those of March 6, 1921.

This new edition contains all the necessary pre¬ scriptions of the Codex and of the new “Normae” to-

^retate gether with the latest decrees of the S. Congregation.

As the laws of the church are made to be observed, religious should know them. The non-fulfilment of the law on the part of Superiors as well as of inferiors would be inexcusable when culpable ignorance is the cause of transgression. All should be properly in¬ formed about their respective duties. A “ Hand¬ book,” therefore, such as this, should be at the command of every member.

D. I. Lanslots, O.S.B.

N. Y. City.

Foundation — Approbation of Congrega¬ tions with Simple Vows and of their Constitutions and their Suppression

Chapter I Preliminary

Art. I. Meaning of the Words: State, Order, Congre¬ gation or Institute, Rule and Constitutions

1. By religious state is understood (Canon 487) the firmly established manner of living in community, by which the faithful undertake to observe, not only the ordinary precepts but also the evangelical counsels, by means of the vows of obedience, chastity and poverty.

By Order we understand every Institute, whose members make profession of solemn vows.

By Congregation or Institution we understand an association of pious persons, who wish to tend to 9 io I. 25 oofe, jfountmtion—Approbation perfection by the practice of the three simple vows, whether temporary or perpetual, of poverty, chas¬ tity and obedience.

2. The word rule in the canonical sense designates a guide of life according to evangelical perfection, imposed on religious in order that by it they may tend more efficaciously in every-day life to the purpose of their calling.

Four rules only have been recognized as such by the church, viz.: the rules of St. Basil, of St. Augus¬ tine, of St. Benedict, and of St. Francis of Assisi. Constitutions , on the contrary, mean a code of laws or prescriptions, which govern a congregation and determine its action. On various occasions the Sacred Congregation of Regulars has declared that in new congregations no distinction could be made between rules and constitutions; while we know, on the other hand, that other rules have been approved by the Holy See, and even the name of rule applied to certain constitutions.

Art. II. Different Classes of Congregations with Simple Vows

3. There are two classes of congregations with simple vows:

I. Cfmp. Preliminary

1°. Congregations of pontifical right, as the new Codex calls them, are congregations which have obtained approbation, or at least the decree of praise from the Holy See; in this Handbook they will be called Approved Congregations ,

2°. Congregations of diocesan right are those that are founded by the Ordinaries and have not yet obtained the decree of praise from the Holy See; in this Handbook they are called Diocesan Congrega¬ tions.

FOUNDATION—APPROBATION—EXTENSION TO OTHER DIOCESES AND SUPPRESSION OF A DIOCESAN CON¬ GREGATION

Art. I. Foundation and Approbation of a Congre¬ gation

4. The Bishop is the first Superior of all the houses of a diocesan congregation, established in his diocese.

This is the fundamental principle of canonical legislation governing these congregations, whether they have been founded by the Bishop or by others.

5. Whenever a Bishop has convinced himself of the advisability of founding a new Congregation of simple vows, he must first of all approach the S. Con¬ gregation of Religious, with distinct information as to what is necessary, in order that the S. Congrega¬ tion may form an exact idea as to the opportunity of a new foundation. (N. 3.)

6. With his request for permission to found a new Congregation, the Bishop must at the same time furn. c&ap. JFounHatton nish information on the following points: Who is the founder of the new Congregation, what is her moral standing, and what are the motives leading to the new foundation; what shall be the title or name by which the new Congregation shall be known; what is the form, color, material of the dress to be worn by novices and professed; to what and to how many different works shall it be devoted; by what means does it expect to be supported; whether there are similar congregations in the diocese and what are their oc¬ cupations. (N. 4.)

After having obtained the necessary permission the Bishop may authorize the new Congregation, with the proviso that, whatever concerning habit, title, purpose, etc., may have been recognized by the S. Congregation, shall be in force, and that no changes shall be made therein without its previous consent. The Bishop will then proceed to frame the constitutions. Without at least episcopal approbation, no institution with a re¬ ligious purpose could share the privileges of the church. Before giving his approval to the con¬ stitutions, the Bishop must submit them to a close examination. They must contain nothing contrary to faith, such as devotions condemned by the Holy See or sound theology; to morals, such as works which are not proper to religious

14 i. 3ook. jFounbatton—Approbation women, and of which we treat later on; to the sacred canons or decrees of the Holy See, such as excess of authority to Superiors, manifestation of conscience, etc.

7. The Bishop, in as far as possible, instead of founding a new congregation, might call into service, when needed, a congregation already approved, and serving an analogous purpose.

The Holy See has on different occasions ex¬ pressed its wishes in this respect. By joining a congregation already existing, the new founda¬ tion will have a sufficient membership, and be stronger and more durable; it can borrow its constitutions, its customs, its discipline, its ex¬ perience, and avoid the stumbling blocks common to all new institutions.

8. Excepting perhaps in missionary countries, no congregation should, properly speaking, be approved, which, having no fixed and special purpose, proposes to devote itself indiscriminately to all kinds of works of piety or charity, however different they may be. (N. 13.)

This prescription of canon law applies to the secondary and varying purpose of each institu¬ tion; the principal end, viz., personal sanctifin. C&ap. ifountmtion cation of the members by the practice of the evangelical counsels, is identical in all institu¬ tions.

9. The Bishop should not allow a new congre¬ gation to be founded when there is no assurance of the necessary revenues for the subsistence of its members. (Canon 496.)

These revenues may be derived either from the works to which the institution devotes itself, or from foundations and donations or from the dowry of the religious. The average of the in¬ come should generally be sufficient. This pre¬ scription does not treat of the necessary resources of a charitable institution about to be founded; it will be the duty of the faithful to provide the means.

10. Most cautious procedure is required in approv¬ ing new Congregations, which would only be supported by alms and door to door collections. (N. 14.)

The Church does not condemn the old mendi¬ cant orders, but warns all new institutions against the ever increasing difficulties of the times; the charity of many has cooled. This does not apply to collecting for good works. For whatever pur¬ pose, however, collections are made, the prescrip-

16 i. ®oofe. jf0un&ati0n-&ppt0batfon tions of the decree “Singulari quidem” of March 27, 1896, are obligatory.

The S. Congregation calls the attention of all approved Congregations to the faithful observ¬ ance of Canons 622, 623 and 624. Approved Congregations are forbidden to beg alms, with¬ out a special permission of the Holy See, and then only Sisters of mature age and excellent conduct can be sent out. Sisters of diocesan Congregations require the written consent of the local Ordinary, and of the Ordinary of the place where they would collect.

11. Not easily will new Congregations, especially with perpetual vows, be approved, that propose to help day and night the sick of both sexes at their homes, or undertake daily domestic service at the homes of the poor or of the laboring class. (N. 15).

The S. Congregation does not absolutely for¬ bid similar Congregations, but insists that if ever approval for good reasons is given to such, the Constitutions must prescribe prudent conditions and safeguards, to free the Sisters from danger.

12. The S. Congregation will not easily approve congregations, having for special purpose, to provide in their houses health resorts or board and lodging to both sexes. (N. 16.)

II. Cfjap. jfountmtion

A religious house is not a hotel. The S. Congre¬ gation does not forbid to receive occasionally pilgrims, or to give hospitality to friends of the institution or other well recommended persons.

Only good and solid reasons would induce the S. Congregation to approve of asylums for priests in these houses; or to approve of Sisters teaching in boys’ schools, or in mixed schools, in which both boys and girls are co-educated.

13. The establishment of noviciates does not require the consent of Rome.

Diocesan congregations are under the exclusive control of the Bishops. Recourse to the Holy See for permission to open a noviciate is required only for congregations approved by it.

14. Rights which episcopal approbation confers.

1°. Episcopal approbation makes of a new institution a spiritual society and gives it an ecclesiastical existence, which confers upon it the rights of ecclesiastical establishments and renders it capable, as a body, of possessing temporalities; it may then, according to canon law, sue and be sued. 2°. Houses so formed become religious places, subject to canon law in as far as adminis¬ tration and canonical visitation are concerned.

18 I. Eoofc. JFottnbatfon-Approbation

3°. Without being religious in the canonical sense, and without sharing the privileges of re¬ ligious orders with solemn vows, the members of these institutions become ecclesiastical persons , and partake of the privileges granted to these. 4°. They are in the religious state, but are not subject to the effects of the laws imposed on strictly religious orders or regulars. 5°. The Bishop may confer upon them for a just and grave cause (Canon 464) an exemption more or less complete.

Art. II. Expansion of a Diocesan Congregation into Various Dioceses

15. Every foundation in another diocese requires the consent of both Bishops concerned; of the dio¬ cese, in which the house making the new founda¬ tion is located, and of the place in which the new foundation is to be made. (Canon 495.)

The two Bishops must arrange with each other the conditions of existence of the new foundation and also of the relations to be kept with the mother-house. Without a serious reason the first Bishop should not deny his consent to the new foundation. For the new establishments the Su¬ perior General has a right to visit them, to transii. C&ap. jfountiation fer members, and see to the exterior discipline, etc., provided the Bishop has not curtailed her authority at the time of the new foundation.

16. In the event of a diocesan congregation spread¬ ing to other dioceses, nothing may be changed in its nature and constitutions but with the consent of all the Bishops in whose dioceses the congregation exists. (Canon 496.)

Formerly each Bishop had a right to allow changes within the limits of his diocese. The situation, however, was abnormal. To obviate the serious inconveniences of this abnormal con¬ dition, the Holy See demands that all the Bishops concerned should agree, the deviation from the purpose assigned to a congregation becoming thereby a practical impossibility. If the congre¬ gation is limited to one diocese, the Bishop may at any time, for grave reasons, modify it and its constitutions.

Art. III. Suppression of a Diocesan Congregation

17. A diocesan congregation, once lawfully founded, although consisting of one house, cannot be sup¬ pressed, except by the Holy See. (Canon 493.)

Suppression is an extreme measure and re¬ quires urgent reasons. The following are some

20 I. 25oofe. JFotnttiatfon—Approbation of the reasons justifying the action: great relax¬ ation of discipline, impossibility to carry out the works, for which the congregation was instituted, a bad financial administration, etc. All other means suggested by prudence should be first re¬ sorted to. The new Codex has modified the former legislation. It still leaves the authority to the Ordinaries (Canon 498) to suppress a house, after having heard the General of the congregation, but restricts their authority in the following man¬ ner. If the house constitutes the whole congre¬ gation, the Holy See alone can suppress it. More¬ over, the order of suppression of even one house could not take effect pending an appeal, if one were lodged with the Holy See against their decision.

18. Conclusions.

From the suppression of a diocesan congrega¬ tion or of one of its establishments result the following consequences: 1°. With regard to the members of the institution: The religious of a house so suppressed, if the congregation possesses any other establishments, are probably obliged to join them and continue community life. If the whole congregation is suppressed, they are n. Cimp. foundation dispensed from their vows, except that the Holy See would decree otherwise about the vow of perpetual chastity in the act of suppression. 2°. i With regard to the property of the institution: This property is church property; by suppres¬ sion of the congregation it becomes vacant ac¬ cording to canon law. The religious do not possess it as partners or individual proprietors, who, in case of dissolution of partnership, would have a right to their equal share; the congrega¬ tion is the proprietor. After suppression, the property is placed at the disposal of the eccle¬ siastical authorities, who will take into account the intentions of benefactors and founders, the origin of the property, the charges upon it, the needs of the members of the suppressed insti¬ tution, of all that equity and charity may demand. So, for instance, the dowries of the religious will be restored to them; the usufruct of property ceded by a religious cannot be disposed of. But all these charges met, the ecclesiastical authority will give another destination to the balance. The Holy See alone has this right by reason of its high domain over ecclesiastical property.

CONDITIONS REQUISITE FOR APPLICATION TO THE HOLY SEE FOR APPROBATION OF A CONGREGA¬ TION WITH SIMPLE VOWS AND OF ITS CONSTI¬ TUTIONS

19. The condition of diocesan congregations, as described in the preceding pages, is rather precarious; spread in different dioceses, they are dependent upon various bishops; without a sufficiently strong central authority. No wonder, then, that the Holy See de¬ sires them to leave this initial stage, and exhorts them to present their constitutions for its approval. We must now indicate the course to be followed.

Art. I. Conditions Required on the Part of the Congregation

20. Before presenting itself to the Holy See for approbation, the congregation should have sufficiently expanded, brought forth good results, given a good trial to its constitutions and be possessed of sufficient means.

hi. Cljap. Conbfttong

If, on account of the absence of these conditions, the Sacred Congregation does not deem fit to proceed to the approval of the institution, it is wont to give it a brief of encouragement, by praising the zeal of its founder, or the purpose of the congregation, occa¬ sionally even by approving the institution itself, but reserving the approbation of its constitutions for a more propitious time. No length of time is specified as necessary before applying for approbation; but the old Normae , Art. 9, required from ten to fifteen years after its foundation. Should the congregation not have spread to other dioceses, the Holy See will probably take into consideration the number and importance of the houses. The Sacred Congregation will be sufficiently informed by the petition to be presented, of which we treat in the following article.

Art. II. Conditions Required on the part of the Constitutions

Sec. 1 . Necessary Documents

21. When a congregation presents itself in Rome for the approval of its constitutions, it must send a petition to the Sacred Congregation of Regulars with the necessary documents. (N. 8.)

The following documents are required:

1°. A request addressed to the Pope, signed by the Superior General and other assistants, by which they

24 I. 3ook. jfountmtton—Approbation humbly beg the approbation of the congregation and of its constitutions.

2°. Letters of endorsement from the Ordinaries , who have houses of the congregation within their juris¬ diction. These letters, the most important of which is that of the Ordinary of the mother-house, should contain, a. the opinion of the Ordinary about the congregation, gathered from its works in his diocese; h. his judgment about the request for approval; is it opportune or for what reasons should it be deferred? c. the wish for any modifications in the constitutions, or in the works of the constitution. The Bishop must send sealed, and addressed directly, this letter of endorsement to the Sacred Congregation.

3. A report, signed by the Superior General and her Council and confirmed as authentic and true by the Ordinary of the Mother-house, ex¬ plaining the origin of the Congregation with the name of its founder and her chief qualities and giving also full information on the following points:

4. State of the members: indicate the number of postulants, of novices, of professed with temporary and perpetual vows; state whether there are various classes and the number in each; also the number of houses in various dioceses, and of the members in each.

5. State of Discipline: indicate how the members live up to the constitutions, and state the defects, if any; give a summary of the government; if there is in. Cfiap. Contiitfong 25 a Superior General, the duration of her term of office, the number of councillors, the time of calling the general chapter, the manner of electing the various officers, duration of term for local superiors.

6. State of finances: indicate approximately the ordinary resources of the institution, the immovable property, the capital at hand, also charges of the institution and of every house, including debts, mortgages, etc.

7. Information about the noviciate, the different stages of probation, the duration of the noviciate, and the number of novices and postulants, and the religious education they receive.

8. Official text of the constitutions approved by the Bishop and printed either in Latin, French, or Italian. To facilitate the work of the consultors, at least ten copies must be sent.*

The brief must be signed by the Superior General, the Treasurer General and the Secretary General. It shall then be vised by the Ordinary of the mother-house; he must certify to the truth and the authen¬ ticity of the documents, and shall then sign and seal it.

All these documents are required whenever a new approbation is desired.

* The cost of printing and all other necessary expenses must be borne by the interested congregation. The Superiors General must deposit with the Sacred Congregation a sum of money, to be determined in each case by the Secretary of said Congrega¬ tion. (Decree of 24th March 1914.)

26 I. IBook. jfmm&atfon—approbation

22. Even if the congregation is intended for missionary countries, the constitutions and all the documents mentioned above must be addressed to the Sovereign Pontiff, through the intermediary of the Sacred Con¬ gregation of Regulars.

Sec. 2. Plan to Follow in Framing the Constitutions

23. The constitutions should contain all that con¬ cerns, i° the nature of the institution, its members and its mode of living; 2 ° the government, the ad¬ ministration and the various offices.

24. To facilitate inquiry, the Sacred Congregation recommends that the constitutions be divided into parts, the parts into chapters, the chapters into para¬ graphs or articles, and that these be numbered from beginning to end. (N. 25.)

25. The new Normae do not mention the adoption of one of the great rules approved by the Church; if such a request be made, a true copy of this rule should precede the Constitutions.

It may seem desirable that the congregation take a rule, distinct from the constitutions, a rule already approved by the Church, 1°, because by so doing the new institute is attached to a great religious family; 2°, it places itself under the protection of the Holy Founders and of all the Saints who have sanctified themselves by the practice of that rule; 3°, it becomes a shareholder in. Cjjap. Conti itioM to a certain extent of all the privileges and favors of the older order; 4°, it finds in this rule a code of precepts and counsels, inspired from above; 5°, the approbation of the Church gives to these rules a sanction preferable to everything else.

26. Two decrees of the Sacred Congregation of Regulars must be added in the vernacular at the end of the constitutions.

These decrees are the following: 1°, the decree “Singulari quidem” of March 27, 1896. 2°, the decree “Cum de Sacramentalibus” of February 3, 1913. It is advisable to add the decree “Sacra Tridentina Synodus” of December 20, 1905, as it must be read publicly at least once a year.

Sec. 3. Qualities of the Documents

27. The wording of the constitutions must be short, clear, and well arranged.

a. It must he short: no need of entering into minute details. The constitutions should be drawn up in a way to impress the memory. They must, however, be complete, and indicate the chief points with reference to the end proposed by the institution.

h. It must he clear. Nothing leads to differences in communities like ambiguity in the constitutions. Clearness as much as correctness is required in

28 I. Sooft. jfounbatfon—approbation expression as well as in matter. Exaggerated and fallacious expressions must be carefully discarded. In particular, care should be taken that the obli¬ gations of vows are not confounded with the prac¬ tice of the corresponding virtues; but their bearing should be clearly indicated, especially with regard to the vow of poverty.

c. It must be well arranged. The Sacred Congre¬ gation has determined the arrangement.

The Holy See generally requires that the consti¬ tutions, before being forwarded to Rome, should be accepted by the religious in chapter.

Sec. 4. Dejects to be Avoided in the Compilation

28. The Holy See does not allow any preface or introduction to the constitutions, nor does it admit historical notices, letters of endorsement or of praise, from whatever source they may come, with the one exception of the decrees of praise or approbation given by the Holy See itself. (N. 22. a.)

29. All quotations from Holy Writ, Councils, Holy Fathers, Theologians, and of any book or author whatsoever, must be expunged from the con¬ stitutions. (N. 22. C.)

These quotations, while adding no value to the constitutions, which receive their binding power from the approbation of the Holy See, needlessly in. C&ap. Conlutiong 29 lengthen and obscure the text. Moreover, these quotations generally apply to orders with solemn vows only.

30. Quotations from the Directory, the Ceremonial or the book of customs must also be avoided for fear that, being inserted into the constitutions, these books might be regarded as approved by the Sacred Con¬ gregation. The Sacred Congregation orders them, however, to be submitted for inspection. (N. 22. c.)

The approved constitutions cannot be amended without authorization from Rome, but this is not the case with the other handbooks. The constitutions are a code of laws; this is the reason why quotations from other books are out of place in them.

31. It is forbidden to mention in the constitutions laws and regulations of the civil authority or any gov¬ ernmental approval. (N. 22. d.)

Two reasons may be adduced for this prescription: 1°. Because the institutions, however frequently they may come in contact with the civil power, are solely dependent upon the Holy See. 2°. Be¬ cause civil laws differ according to countries, cir¬ cumstances, and times, while the constitutions should be identical in all countries and under all govern¬ ments.

30 I. Book. jfountiation-approbation

32. The constitutions must not treat (a.) of the duties of Bishops and confessors, (b.) nor of regula¬ tions concerning students and studies, (c.) nor of a detailed timetable for the daily work of the community. (N. 22. c. f.)

The reasons of the first prohibition is that the constitutions are written for the religious, not for the Bishops and the confessors. The second does not exclude the relations of members of the insti¬ tution with the students, but all else that directly affects studies and students, because regulations af¬ fecting them are apt to need frequent changes. The timetable also might require frequent alterations.

33. All dogmatic or moral questions, or decisions of controverted questions, especially those concerning the vows, must be eliminated. (N. 22. g.)

This is easily understood, as the constitutions are a code of laws, not a handbook of moral or dogmatic teaching, nor a defence of controverted opinions, which may commend themselves to the piety of individuals.

34. A distinction must be maintained, even in the wording, between religious orders and congregations with simple vows. (N. 22. h).

No mention should be made of Rule, Monas¬ tery, Nuns, but of Constitutions, Congregation or Institution, House, Sisters.

ill. Cfiap. Conbittong