Fraternity of the Holy Cross
Traditional Capuchin Fraternity of the Order of St. Francis

On the obligations and privileges of religious

Chapter 1 - On obligations

Canon 592

All religious are also bound by the common obligations of clerics mentioned in Canons 124–42, unless from the context of the words or the nature of the thing something else is established.

Canon 593

Each and every religious Superior as well as subjects must not only preserve the vows that they pronounced faithfully and completely, but also arrange their life according to the rules and constitutions of their own religious [institute] and strive for perfection in their state.

Canon 594

§ 1. In the common life of each religious [institute] there shall be accurately observed by all those things that pertain to food, dress, and furnishings.

§ 2. Whatever is acquired by a religious, even by a Superior according to the norm of Canons 580, § 2, and 582, n. 1, is mixed with the goods of the house, province, or religious [institute], and every sort of money under title is to be deposited in the common safe.

§ 3. The furniture of religious must be consistent with the poverty they have professed.

Canon 595

§ 1. Let Superiors take care that all religious:

1.° Undergo spiritual exercises each year;

2.° Be present for Sacred [rites] each day, [if] they are not legitimately impeded, leave room for mental prayer, and apply themselves diligently in other offices of piety that are prescribed by the rule and constitutions;

3.° Approach the sacrament of penance at least once a week.

§ 2. Superiors shall promote among their subjects frequent and even daily reception of the most holy Body of Christ; rightly disposed religious shall be freely [allowed] frequent and indeed even daily access to the most holy Eucharist.

§ 3. But if after the last sacramental confession a religious of the community gravely scandalizes [it] or commits a grave and external fault, then until he can approach the sacrament of penance again the Superior can prohibit him lest he approach holy communion.

§ 4. If there are any religious [institutes], whether of solemn or simple vows, that have certain days fixed in the rule or constitutions or even in the community calendar [for reception of the Eucharist], these norms have only directive force.

Canon 596

All religious must wear the habit of their religious [institute] both inside and outside of the house, unless grave cause excuses, [to be assessed] in urgent necessity according to the judgment of the Superior, even a local one.

Canon 597

§ 1. In canonically erected houses of regulars, whether of men or women, even if not formal [houses], papal cloister is observed.

§ 2. The law of papal cloister affects the entire house that the community of regulars inhabit, with gardens and green areas reserved for the exclusive access of the religious; excluding however, a public [church] with its contained sacristy, and also a hospice for travelers, if there is one, or a conversation room that, if possible, must be established near the entrance to the house.

§ 3. Parts of the cloister subject to law should be clearly indicated; but the major Superior or general Chapter, according to the constitutions, or if it concerns a monastery of nuns, the Bishop, shall define the limits of the cloister and for just cause can change them.

Canon 598

§ 1. Women of any age, sort, or condition are not to be admitted into the cloister of regular men on any pretext.

§ 2. Exempted from this law are the wives of those who hold the supreme place of governance over a people, along with their entourage.

Canon 599

§ 1. If a house of regular men has attached to it a residence for internal students or for other works of religion, if it is possible, there should be a separate part of the building reserved habitually for the religious, subject to the law of cloister.

§ 2. Persons of the opposite sex are not to be admitted without adequate cause and permission of the Superior, even to a place outside of cloister or one reserved for external and internal students or for other religious works of that [institute].

Canon 600

No one, of any sort, condition, sex, or age can be admitted into the cloister of nuns without the permission of the Holy See, except the following persons:

1.° The local Ordinary or regular Superior visiting a monastery of nuns or other Visitators delegated by them [who] may go in only for the sake of inspection, being cautious that at least one cleric or male religious of mature age come along with him;

2.° A confessor or one who acts in his place, with due precautions about entering the cloister, to minister the Sacraments to the infirm or to assist the dying;

3.° They can enter the cloister who hold the supreme place of governance over a people and their wives with their entourage; likewise Cardinals of the H. R. C.;

4.° Superioresses can permit, due precautions being taken, physicians, surgeons, and others who are necessary to enter the cloister, having sought at least the habitual

Canon 601 (1983 CIC 667)

§ 1. No nun is permitted to leave the monastery after profession, even for a brief time, on any pretext, without a special indult of the Holy See, except in case of imminent danger of death or some other evil of the worst sort.

§ 2. This danger, if there is time, should be recognized in writing by the local Ordinary.

Canon 602

The cloister of monasteries of nuns must be closed so that, to the extent possible, no one in it or from it [has] an external view of persons.

Canon 603

§ 1. The cloister of nuns, even those subject to regulars, is under the vigilance of the local Ordinary, who can correct and coerce offenders, male regulars not excepted, with penalties and even censures.

§ 2. Care of the cloister of nuns subject to him is committed also to the regular Superior, who can punish nuns and others of his subjects if they offend in that regard, even with penalties.

Canon 604

§ 1. Cloister shall be observed in the houses even of religious Congregations, whether of pontifical or diocesan [right], into which no one of the other sex shall be admitted except those mentioned in Canon 598, § 2, and Canon 600 and those others who for a just and reasonable cause the Superiors think can be admitted.

§ 2. The prescription of Canon 599 is applied even in the house of a Congregation of religious, whether of men or of women.

§ 3. The Bishop in particular circumstances, grave causes appearing, can enforce this cloister with censures, unless it concerns exempt clerical religious; he shall always take care that it is rightly observed and will correct anything that tends to weaken it.

Canon 605

All those who have care of the cloister shall be sedulously vigilant lest outside visitors, by useless conversation, disturb the discipline and bring about harm to the religious spirit.

Canon 606

§ 1. Let religious Superiors accurately observe [matters] prescribed in their own constitutions regarding the departure of their subjects from the cloister and about the receiving and admitting of strangers.

§ 2. It is nefarious for Superiors, with due regard for the prescriptions of Canons 621–24, to permit subjects to spend time outside their own religious house except for grave and just cause and for a period that must be brief according to the constitutions; but for an absence that exceeds six months, except for the case of studies, the permission of the Apostolic See is required.

Canon 607

Superioresses and local Ordinaries shall be very vigilant lest religious, outside of the case of necessity, be present individually outside the house.

Canon 608

§ 1. Let Superiors take care that religious subjects, designated by them, especially in the diocese in which they are present, freely offer themselves whenever they are required for ministry by the local Ordinary and their pastor for the necessary care of the people, whether within or outside of their own churches or public oratories, with due regard for religious discipline.

§ 2. Local Ordinaries and pastors, in return, may freely make use of the works of religious, especially those present in the diocese, in sacred ministry and especially in the administration of sacramental penance.

Canon 609

§ 1. If a church within which a religious community resides is also parochial, there shall be observed, due adaptation being made, the prescription of Canon 415.

§ 2. A parochial [church] cannot be erected into a church of religious women, whether of simple or solemn vows.

§ 3. Superiors shall be vigilant lest the celebration of divine offices in their own churches offer harm to catechetical instruction or to the explanation of the Gospels given in parochial churches; it pertains to the local Ordinary to decide whether there is harm or not.

Canon 610

§ 1. In religious [institutes], whether of men or of women, in which there is an obligation of choir and in which there are at least four religious obligated to choir and who are not impeded from legitimately acting, or even fewer if the constitutions so direct, the divine office must be performed daily in community according to the norm of the constitutions.

§ 2. Also the Mass corresponding to the office of the day must be celebrated according to the rubrics of the day in religious [institutes] of men and even, where it is possible, in religious [institutes] of women.

§ 3. In the same religious [institutes], whether of men or of women, those who are solemnly professed who are absent from choir must, except for lay brothers, privately recite the canonical hours.

Canon 611

All religious, whether men or women, can send letters, subject to no inspection, to the Holy See and to its Legate in each nation, to the Cardinal Protector, to their own major Superiors, and to the Superior of a house perhaps absent, to the local Ordinary to whom they are subject, if it concerns nuns who are under the jurisdiction of regulars, and even to the major Superior of Orders; and from all of these the aforesaid religious, men and women, can receive letters, which can be inspected by no one.

Canon 612

Beyond the prescription of Canon 1345, if the local Ordinary for some public cause orders the ringing of bells, certain prayers, or sacred solemnities, all religious, even exempt, are bound to obey, with due regard for the constitutions and privileges of each religious [institute].

Chapter 2 - On privileges

Canon 613

§ 1. Every religious [institute] enjoys only those privileges that are contained in this Code, or that have been directly granted to it by the Apostolic See, exclusive of any communication in the future.

§ 2. The privileges that are enjoyed by an Order of regulars apply also to nuns of the same Order, insofar as they are capable of them.

Canon 614

Religious, even laity and novices, enjoy the clerical privileges mentioned in Canons 119–23.

Canon 615

Religious, not excluding novices, whether men or women, with their houses and churches, excepting those nuns who are not subject to regular Superiors, are exempt from the jurisdiction of the local Ordinary, except in those cases expressed in law.

Canon 616

§ 1. Regulars illegitimately present outside the house, even under pretext of approaching Superiors, do not enjoy the privilege of exemption.

§ 2. If they commit a delict outside the house but are not punished by a Superior with notice of it, they can be punished by the local Ordinary even if they left the house legitimately and returned to it.

Canon 617

§ 1. If abuses occur in the houses or churches of exempt religious or other regulars, and the Superiors with notice fail to look into it, the local Ordinary is bound by the obligation of deferring the matter immediately to the Apostolic See.

§ 2. A non-formal house remains under the special vigilance of the local Ordinary [who], if abuses occur and give scandal to the faithful, can provide for the matter himself in the meantime.

Canon 618

§ 1. Religious in simple vows do not enjoy the privilege of exemption, unless it has been specially granted them.

§ 2. The local Ordinary is not permitted, in regard to religious [institutes] of pontifical right:

1.° To change in any way their constitutions or to act in economic affairs, with due regard for the prescription of Canons 533–35;

2.° To involve himself in the internal governance and discipline, except in those cases provided by law; nevertheless, in regard to lay religious [institutes], he can and must inquire as to whether discipline is in force according to the constitutions, or whether anything detrimental to sound doctrine and approved morals has started, whether there have been any sins against cloister, whether the Sacraments are duly and frequently taken; and if Superiors, advised about perhaps grave abuses, do not provide [for the matter] opportunely, he shall deal with it himself; but if, however, something of greater moment occurs that will allow no delay, he shall decide it immediately; and he shall send a decree to the Holy See immediately.

Canon 619

In all things in which religious are subject to the local Ordinary, they can be coerced by him even with penalties.

Canon 620

By indult legitimately granted by the local Ordinary, the obligation of common law ceases also for all religious living in the diocese, with due regard for vows and constitutions proper to each religious [institute].

Canon 621

§ 1. Regulars who by institute are called and are mendicants can make requests for alms in a diocese where their religious house is constituted with only the permission of their Superior; but outside the diocese, they need the permission given in writing of the local Ordinary where they desire to take up the alms.

§ 2. Local Ordinaries, especially of bordering dioceses, shall not deny or revoke this permission, except for grave and urgent cause, if the religious house in the one diocese in which it is constituted cannot survive any other way.

Canon 622

§ 1. All other religious of Congregations of pontifical right, without a special privilege of the Holy See, are prohibited from seeking stipends; and for which, if they seek this privilege, they are also required to seek the permission of the local Ordinary in writing, unless otherwise provided in the [pontifical] privilege itself.

§ 2. Religious of Congregations of diocesan right may never seek stipends without the written permission given by the Ordinary of the place in which the house is situated and [from] the Ordinary of the place where they desire to seek the stipends.

§ 3. To those religious mentioned in §§ 1 and 2 of this canon, the local Ordinary shall not grant permission for requesting stipends especially in places where there are convents of regulars who go by the name of and are mendicants, unless it has been shown that there is true need in the house or for pious works, which cannot be satisfied in any other way; and if this necessity can be provided by requesting stipends within a place or district or diocese in which they are [already located], this permission shall not be expanded.

§ 4. Without an authentic and recent rescript of the Sacred Congregation for the Oriental Church, latin Ordinaries shall not allow orientals of any order or dignity to collect money in their diocese or send their subjects for this purpose into an oriental diocese.

Canon 623

It is not permitted for a religious Superior to commit the collection of [offerings] to anyone other than a professed [member of the institute who is] of mature age and spirit, especially in the case of women, and never to those who are in studies.

Canon 624

As to what applies to the manner of seeking [offerings] and the manner of keeping those [offerings] collected, religious of either sex must stand by the instructions given by the Apostolic See concerning this.

Canon 625

Regular abbots of government, legitimately elected, must within three months of the election take a blessing from the Bishop of the diocese in which the monastery is located; after they have received the blessing, besides the power of conferring orders according to the norm of Canon 964, n. 1, they enjoy those privileges mentioned in Canon 325, except for [wearing] the violet cap.

Chapter 3 - On the obligations and privileges of religious promoted to ecclesiastical dignity or governance of a parish

Canon 626

§ 1. A religious cannot, without the authority of the Apostolic See, be promoted to dignities, offices, or benefices that are not compatible with the religious state.

§ 2. One legitimately elected by a college cannot assent to the election without the permission of the Superior.

§ 3. If by vow he is bound not to accept dignities, special dispensation from the Roman Pontiff is necessary.

Canon 627

§ 1. A religious named as a Cardinal or Bishop, whether residential or titular, remains a religious participating in the privileges of his religious [institute] and is bound by the vows and other obligations of his profession, except for those things that he prudently judges to be incompatible with his dignity, with due regard for the prescription of Canon 628.

§ 2. He is exempt, nevertheless, from the power of the Superior and, in virtue of his vow of obedience, remains subject only to the Roman Pontiff.

Canon 628

[Regarding] a religious raised to episcopal dignity or to another [dignity] outside his own religious [institute]:

1.° If by profession he lost the ownership of goods, for those goods that come to him, he has the use and the income and the administration of them; but a residential Bishop, Vicar Apostolic, or Prefect Apostolic acquires property for the diocese, vicariate or prefecture; otherwise it goes to the order or to the Holy See according to the norm of Canon 582 with due regard for the prescription of Canon 239, § 1, n. 19;

2.° If by profession he has not lost ownership of goods, the goods that he has he recovers in regard to their use, income, and administration; those that he obtains later he acquires fully for himself;

3.° In either case, those goods that come to him not by reason of his person must be disposed of as voluntary offerings.

Canon 629

§ 1. Once dismissed from the cardinalate or episcopate, or having completed his duties outside the religious [institute] that were committed to him by the Apostolic See, a religious is bound to return to his religious [institute].

§ 2. A religious Bishop or Cardinal, however, can choose whatever religious house for himself to stay in; but he lacks active and passive voice.

Canon 630

§ 1. A religious who governs a parish, whether under the title of pastor or the title of vicar, remains obligated to the observance of vows and constitution insofar as this observation can be done consistently with the responsibilities of his office.

§ 2. Therefore, in those things that pertain to religious discipline, he is under the Superior to whom belongs, indeed, without regard to the local Ordinary, [the authority] to inquire of him about his manner of acting in all things and, if the case requires, to correct him.

§ 3. Goods that come to him by reason of the parish that he governs are acquired by the parish; the others he acquires in the manner of other religious.

§ 4. Notwithstanding the vow of poverty, he may accept and collect donations for parish goods or for Catholic schools or for pious places attached to the parish offered in whatever manner and administer the collected receipts, and likewise, observing the will of the donors, according to his prudent judgment, distribute them always with regard for the vigilance of his Superior; but with regard to donations for building, conserving, repairing, and decoration of the parish church, it belongs to Superiors to retain themselves and collect or administer [such funds] if the church belongs to a religious community; otherwise [it belongs to] the local Ordinary.

Canon 631

§ 1. Likewise a religious pastor or vicar, even though he exercises ministry in the house or place where the major religious Superiors have their ordinary seat, remains immediately and in every way under the jurisdiction, visitation, and correction of the local Ordinary, not unlike secular pastors, excepting only the observance of the rule.

§ 2. The local Ordinary, when he finds him deficient in his duty, can apply opportune decrees and can establish deserved penalties on him; in which, nevertheless, the faculties of the Ordinary are not lost, but rather they are cumulative with the right of the Superior over him so that, if it requires discernment either by the Superior or by the Ordinary, the decree of the Ordinary must prevail.

§ 3. In what pertains to the removal of a religious pastor or vicar from a parish, the prescription of Canon 454, § 5, is observed; and for what [pertains] to temporal goods, the prescription of Canons 533, § 1, n. 4, and 535, § 3, n. 2 [are observed].

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