Fraternity of the Holy Cross
Traditional Capuchin Fraternity of the Order of St. Francis
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On the governance of religious [institutes] (Can. 499-537)

Chapter 1 - On Superiors and on Chapters

Canon 499

§ 1. All religious, as to a supreme Superior, are subject to the Roman Pontiff, whom they are bound to obey even in virtue of the vow of obedience.

§ 2. The Cardinal Protector of any religious [institute], unless expressly provided otherwise in particular cases, enjoys no jurisdiction over the religious [institute] or the individual members, nor can he immerse himself in the interior discipline and the administration of goods, but he is only to promote by his counsel and patronage the good of the religious [institute].

Canon 500

§ 1. Religious are likewise subject to the local Ordinary, except in regard to those things for which there is a privilege of exemption from the Apostolic See, always with due regard for the power that law also grants over them to local Ordinaries.

§ 2. Nuns who by prescript of their constitution are under the jurisdiction of the Superior of regulars are subject to the local Ordinary only in cases expressed in law.

§ 3. No religious [institute] of men, without a special apostolic indult, can have subject to it religious Congregations of women or the care of women religious, or specially retain for itself any entrustment [of same].

Canon 501

§ 1. Superiors and Chapters, according to the norm of constitutions and common law, have dominative power over subjects; in clerical exempt religious [institutes], they have ecclesiastical jurisdiction both for the internal forum and for the external.

§ 2. It is, nevertheless, strictly prohibited for any Superiors whatsoever to interfere in cases concerning the H. Office.

§ 3. Abbots Primate and the Superiors of monastic Congregations do not have all power and jurisdiction that the common law grants to major Superiors, but [rather] their power and jurisdiction is assumed by the proper constitutions and particular decrees of the Holy See, with due regard for the prescriptions of Canons 655 and 1594, § 4.

Canon 502

The supreme Moderator of a religious [institute] obtains power over all provinces, houses, [and] members of the religious [institute], exercising this according to the constitutions; other Superiors enjoy it within the limits of their responsibility.

Canon 503

Major Superiors in clerical exempt religious [institutes] can constitute notaries, but only for the ecclesiastical affairs of their religious [institute].

Canon 504

With due regard for the constitutions of religious [institutes] that require a more advanced age or other qualities, they are incapable of the office of major Superior who have not been professed in that same institute for at least ten years calculated from first profession, or who were not born from a legitimate marriage, or who have not completed forty years of age if it concerns the supreme Moderator of a religious [institute] of women or Superioress in a monastery of nuns; or [who are not yet] thirty years [of age] for other major Superiors.

Canon 505

Major Superiors are temporary, unless the constitutions indicate otherwise; local minor Superiors are not to be constituted for a term in excess of three years; but which [term] having been completed, they can assume the same responsibility again if the constitutions so provide, but not a third time immediately in the same religious house.

Canon 506

§ 1. Before coming to the election of the major Superior in religious [institutes] of men, each and every [member] of the Chapter will promise by oath to elect those whom they feel according to God ought to be elected.

§ 2. In monasteries of nuns, the local Ordinary or his delegate presides over the election committee of the Superioress, though without entering the cloister, along with two priest tellers if the nuns are subject to him; otherwise, the regular Superior [presides]; but even in this case, the Ordinary must be advised in good time about the day and hour of election so that, together with the regular Superior, he can assist personally or through another and, if he assists, preside.

§ 3. The ordinary confessors of nuns shall not act as tellers.

§ 4. The Ordinary of the place in which the election is conducted presides, personally or through another, over the general election of the Superioress in Congregations of women if it concerns a Congregation of diocesan right, [and it is for him] to confirm the election results or to rescind it as an action of conscience.

Canon 507

§ 1. In elections that are done by Chapters, the common law mentioned in Canons 160–82 is observed, besides the other constitutions of the religious [institute] that are not contrary [to the common law].

§ 2. Let all take care to avoid procuring votes directly or indirectly for themselves or for others.

§ 3. Postulation can be admitted only in an extraordinary case and provided it is not prohibited in the constitutions.

Canon 508

Superiors shall stay in their own house and shall not leave it except according to the norm of the constitutions.

Canon 509

§ 1. Every Superior must promote notice and execution of the decrees of the Holy See that concern religious among their subjects.

§ 2. Let local Superiors take care:

1.° That at least once a year on stated days their own constitutions are publicly read, and likewise the decrees that the Holy See prescribes be publicly read;

2.° That at least twice a month, with due regard for the prescription of Canon 565, § 2, instruction on Christian catechesis be offered for lay brothers and familiars accommodated to the condition of the listeners and, especially in lay religious [institutes, that there be offered] a pious exhortation to the whole group.

Canon 510

Abbots Primate, the Superiors of monastic Congregations, and the supreme Moderators of each religious [institute] of pontifical right must send by document to the Holy See a report on the status of the religious [institute] every five years, or more often if the constitutions so direct, signed by themselves with their Council and, if it concerns a Congregation of women, [signed] also by the Ordinary of the place in which the supreme Superioress with her Council resides.

Canon 511

The major Superiors of a religious [institute] whom the constitutions designate for this task shall visit personally or through others, if they are legitimately impeded, at times designated in the [constitutions], each house subject to them.

Canon 512

§ 1. The local Ordinary personally or through another must visit every five years:

1.° Each monastery of nuns that is immediately subject to him or to the Apostolic See;

2.° Each house of Congregations, whether of men or of women, of diocesan right.

§ 2. He must at the same time visit:

1.° Monasteries of nuns that are under regulars, concerning those things that look to the law of cloister; indeed, concerning all things if the regular Superior has not visited it for five years;

2.° Each house of a clerical Congregation of pontifical right, even exempt ones, regarding those things that pertain to the church, sacristy, public oratory, and seat of sacramental confession;

3.° Each house of a lay Congregation of pontifical right, not only concerning those things included in the above numbers, but in other things that look to internal discipline, according to the norm, however, of Canon 618, § 2, n. 2.

§ 3. In what applies to the administration of goods, the prescriptions of Canons 532–35 are observed.

Canon 513

§ 1. A Visitator has the right and duty of questioning those religious whom he judges [should be questioned] and of learning from them those matters pertaining to the visitation; and all religious are bound by the obligation of answering according to the truth, and it is reprehensible that a Superior in any way should steer them away from such obligations or otherwise impede the scope of the visitation.

§ 2. Recourse is given against the decree of a Visitator, [but] only in devolution, unless the Visitator proceeded in a judicial manner.

Canon 514

§ 1. In every clerical religious [institute], it is the right and duty of the Superior, personally or through another, to administer Holy Viaticum and last anointing to the sick, whether professed, novice, or to others staying in the religious house day and night, or [to those] who are there for the sake of [service], education, hospitality, or recovery from infirmity.

§ 2. In a house of nuns, the ordinary confessor, or one who takes his place, has the same right and duty.

§ 3. In other lay religious [institutes], this right and duty belongs to the pastor of the place or to the chaplain whom the Ordinary names to take the place of the pastor according to the norm of Canon 464, § 2.

§ 4. In funerals, the prescriptions of Canons 1221 and 1230, § 5, are observed.

Canon 515

Merely honorific titles of dignity or of office are prohibited; the only [honorific] titles permitted, in accord with the constitutions, are those of major offices that the religious in his own religious [institute] might have actually held [previously].

Canon 516

§ 1. The Supreme Moderator of a religious [institute] or monastic Congregation, the provincial or local Superior, or at least [the Superior] of a house of formation, shall have counselors, whose consent or advice is necessary according to the norm of the constitutions and the sacred canons.

§ 2. There shall also be economes for the administration of temporal goods: they shall generally administer all the goods of the religious [institute and it is called] a provincial [council if it is] over a province, and a local [council if it is] over individual houses; all those who serve in this function are under the direction of the Superior.

§ 3. The Superior cannot perform the duties of general or provincial econome; but he can be a local econome, [and] although it is better if it is distinguished from the Superior, he can function thus together if necessity requires it.

§ 4. If the constitutions are silent on the selection of the econome, the major Superior with the consent of the Council makes the selection.

Canon 517

§ 1. Each religious [institute] of pontifical right of men shall have a procurator general designated according to the constitutions who conducts the affairs of his religious [institute] before the Holy See.

§ 2. Before the time prescribed in the constitutions expires, he shall not be removed without consulting the Apostolic See.

Chapter 2 - On confessors and chaplains

Canon 518

§ 1. In each religious clerical house there shall be appointed several, given the number of members, legitimately approved confessors with the power, if it concerns exempt religious, of absolving even in cases reserved in the religious [institute].

§ 2. Religious Superiors having the power of hearing confessions can, those things being observed that in law ought to be observed, hear the confessions of subjects who ask for it from them by their own decision and act accordingly, but without grave cause they shall not do this in the manner of a habit.

§ 3. Superiors shall be cautious lest one of their subjects be induced either by them or through another, or by force, fear, or inappropriate suggestion, or other reason to confess his sins to them.

Canon 519

With due regard to the constitutions that establish times for confession and even suggest that it be made to determinate confessors, if a religious, even an exempt one, for the quieting of his conscience, goes to a confessor approved by the local Ordinary, even if he is not listed among the ones designated [by the institute], the confession, revoking any contrary privilege whatsoever, is valid and licit; and the confessor can even absolve the religious from sins and censures reserved in the religious [institute].

Canon 520

§ 1. In each religious house of women there shall be only one ordinary confessor, who shall hear the sacramental confessions of the whole community, unless, because of their great number or other just cause, there ought to be a second or several [others].

§ 2. But if a religious woman, for the quieting of her spirit and for better progress in the way of God, asks for a special confessor or spiritual moderator, the Ordinary shall grant it easily; [the Ordinary] nevertheless shall remain vigilant lest abuse arises from this concession; and if it does arise, he shall cautiously and prudently eliminate it with due regard for the liberty of conscience.

Canon 521

§ 1. In each religious community of women there shall be given an extraordinary confessor who at least four times a year will go to the religious house and to whom all the religious must appear at least to receive a blessing.

§ 2. Where religious communities of women exist, local Ordinaries shall designate some priests for each house to whom there is easy recourse for sacramental penances in particular cases whenever necessary so that it is scarcely necessary to go to the Ordinary each time.

§ 3. If a religious woman asks for one of these confessors, no Superioress is permitted, herself or through others, directly or indirectly, to inquire about the reason for the request or with words or deeds to decline the request or by any other means to show herself to be upset.

Canon 522

If, notwithstanding the prescription of Canons 520 and 521, any religious, for the tranquillity of her conscience, goes to a confessor approved by the local Ordinary for women, and the confession is performed in any church or oratory, even in a semi-public one, it is valid and licit, revoking any contrary privilege whatsoever; nor shall the Superioress prohibit or inquire about it of her, not even indirectly; and the religious woman is bound to refer nothing to the Superioress.

Canon 523

All religious women, when they are gravely sick, even if danger of death is absent, can approach any priest approved for the hearing of the confessions of women, even if he is not assigned to religious, for so long as the grave infirmity perdures, as often as they wish to be confessed, nor can the Superioress directly or indirectly prohibit them.

Canon 524

§ 1. Priests who are outstanding for moral integrity and prudence, whether from the secular clergy or religious, with the permission of their Superiors, can be deputed for the task of ordinary and extraordinary confessors of religious women; moreover, they shall be forty years of age, unless for a just cause in the judgment of the Ordinary something else is required, and they shall have no power in the external forum over the same religious women.

§ 2. The ordinary confessor cannot be reappointed as the extraordinary [confessor] except for the case considered in Canon 526, nor can the ordinary [confessor] be deputed again for the same community until one year from the completion of duty; but the extraordinary [confessor] can be immediately renamed as the ordinary confessor.

§ 3. Ordinary and extraordinary confessors of religious women shall in no way immerse themselves in the internal or external governance of the community.

Canon 525

If a house of religious women is immediately subject to the Apostolic See or to the local Ordinary, this one shall select priests for both ordinary and extraordinary confession; if there is a regular Superior, this one presents confessors to the Ordinary, and it is for him to approve them for hearing the confession of the nuns and to supply for the negligence of the Superior if necessary.

Canon 526

The ordinary confessor of religious women shall not exercise his office beyond three years; but the Ordinary, however, can confirm him for a second and indeed for a third three-year [period] if he is not able to provide otherwise because of a shortage of priests suitable for this office or because the major part of the religious who, even in other matters, do not have the right of casting a vote come together by secret vote for the confirmation of the same confessor; but the dissenters, if they wish, must be provided for otherwise.

Canon 527

The local Ordinary, according to the norm of Canon 880, can for a grave cause remove an ordinary as well as an extraordinary confessor of religious women even if a monastery is under regulars and the same priest confessor is a regular, nor is he bound to give any reason for the removal except to the Apostolic See if required of him; but he must advise the regular Superior about the removal if the nuns are subject to regulars.

Canon 528

Even in lay religious [institutes] of men, there shall be deputed according to the norm of Canon 874, § 1, and 875, § 2, an ordinary and extraordinary confessor; and if a religious asks for a special confessor, the Superior shall grant one, in no way inquiring as to the reasons for the petition, or showing himself to be upset about it.

Canon 529

If it concerns non-exempt lay religious [institutes], it is for the local Ordinary to designate a priest for sacred [ministry] and to approve one for preaching; if it is an exempt one, the regular Superior will designate some priests for it, the Ordinary supplying for negligence.

Canon 530

§ 1. All religious Superiors are strictly forbidden to induce in any manner persons subject to them to make a manifestation of conscience to them.

§ 2. But subjects are nevertheless not prohibited from freely and voluntarily opening their [hearts] to their Superiors; indeed, it is expedient that with filial trust they go to Superiors and before them, if they are priests, even set forth their anxieties of conscience.

Chapter 3 - On temporal goods and their administration

Canon 531

Not [only] religious [institutes], but also provinces and houses are capable of acquiring and possessing temporal goods with stable incomes or foundations, unless their capacity for these is excluded or restricted in the rules and constitutions.

Canon 532

§ 1. The goods of a religious [institute] or province or house are to be administered according to the norm of the constitution.

§ 2. Besides Superiors, other officials who in the constitutions are designated for this within the limits of their duties [can] incur expenses and validly [perform] juridic acts of ordinary administration.

Canon 533

§ 1. The prescription of Canon 532, § 1, is observed for investments of money; but the previous consent of the local Ordinary must be obtained by:

1.° Superiors of nuns and religious [institutes] of diocesan right for any sort of investment; indeed, if the monastery of nuns is subject to a regular Superior, his consent is also necessary;

2.° The Superioress in a religious Congregation of pontifical right, if the investment consists of the dowry of a professed, according to the norm of Canon 549;

3.° The Superior and Superioress of a religious Congregation’s house if the funds have been left to the house by will or for the support of the cult of God taking place there;

4.° Any religious, even though a [member] of a regular Order, if the money has been given to a parish or mission or to a religious on behalf of a parish or mission.

§ 2. These likewise must be observed for any change in investment.

Canon 534

§ 1. With due regard for the prescription of Canon 1531, if it concerns the alienation of precious goods or those [goods] whose value exceeds the sum of thirty-thousand francs or lire, or contracting debts and obligations beyond this indicated sum, the contract lacks force unless apostolic good pleasure has preceded it; otherwise, the permission of the Superiors according to the norm of the constitution, with the consent of the Chapter or the Council manifested by secret vote given in writing, is required and suffices; but if it concerns nuns or sisters of diocesan right, consent is additionally necessary from the local Ordinary given in writing and [that of] the regular Superior if the monastery of nuns is subject to him.

§ 2. In the request to obtain consent to contract debts or obligations, there must be expressed those other debts and obligations by which the moral person or religious [institute] or province or house is bound at that time; otherwise the consent obtained is invalid.

Canon 535

§ 1. In every monastery of nuns, even exempt ones:

1.° An account of administration, demanded without charge, shall be given at least once a year, or more often if so prescribed in the constitutions, by the Superioress to the local Ordinary, and likewise to the regular Superior if the monastery is subject to him;

2.° If the account of administration is not approved by the Ordinary, he can apply opportune remedies, even removing, if he thinks it warranted, the econome or other administrators; but if the monastery is subject to a regular Superior, the Ordinary shall advise him about how things look; but if [the Superior] neglects things, [the Ordinary] can see to matters himself.

§ 2. In other religious [institutes] of women, an account of the administration of goods that make up the endowment is given the local Ordinary on the occasion of his visit and even more often if the Ordinary concludes it is necessary.

§ 3. The local Ordinary moreover can always take cognizance of:

1.° The economic situation of a religious house of diocesan right;

2.° The administration of foundations or legacies mentioned in Canon 533, § 1, nn. 3 and 4.

Canon 536

§ 1. If a moral person (whether a religious [institute], province, or house) contracts debts and obligations, even with the permission of the Superiors, it is bound to answer for them.

§ 2. If a regular contracts such with the permission of the Superiors, the moral person must answer whose Superior gave the permission; if [it is] a religious of simple vows, he must answer, unless he acted with permission of the Superior on business of the religious [institute].

§ 3. If a religious contracts without the permission of any Superior, he must answer, but not the religious [institute] or province or house.

§ 4. It always remains clear that an action can at any time be instituted against him to whom some benefit flowed from entering the contract.

§ 5. Let religious Superiors be cautious lest they permit that debts be contracted, unless it can be clearly shown that the expenses can be paid out of normal income and that within not too long a time the capital sum can be repaid through legitimate amortization.

Canon 537

Gifts from the goods of the house, province, or religious [institute] are not permitted except by reason of almsgiving or another just cause, having come to the Superiors and according to the norm of the constitution.

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