C.

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 C. 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.

C.681 speaks about the works entrusted by the Diocesan Bishop to the
religious institute.

1. The works that one entrusted by the Diocesan Bishop is under his
authority without prejudice
2. In these entrusting, there should be a written agreement between Bishop
and competent superior of the institute.

Content of the agreement must be accurately and expressly defined

1. Works to be done
2. Members to be assigned
3. Financial arrangement

Among the other things, this is not taxative, other things also be issued.

e.g.
Retreat
Holy day
Hours and work
Promotion
Removal
Travel allowance, etc.
- Whether proper to institute or entrusted to institute should not enter into
the perpetedy and the contract.
- Strictly. It is contract between two Juridic persons.
C. 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 others consent.

C.682 speaks about the conferral of the appointment and renewal of the
religious

C. 682.1- a religious is appointed by the Diocesan Bishop in the ecclesiastical

office at the presentation or at least with the consent of the Competent
Superior.

C.682.2 the religious can be removed from the office at the discussion of the
authority one who appointed him or one who presented with prior notice but
each ones consent is not required.

If the contract says that he is appointed for 3 years.

How to remove him?

The canon is to be maintained even if the contract is there.

Reason for removal can be given but not necessary.
Removal at nod of the Bishop. Ad Nutom

What are the offices given to religious in the Diocese?

1. Episcopal vicar
2. Vicar-general
3. Judicial vicar
4. Defender of the bond
5. Promoter of justice
6. Notaries
 7. Financial administrator

Presentation designation of a person to competent superior for confusal of

office.

C. 683 1 Either personally or through a delegate, the diocesan Bishop

can visit churches or oratories to which Christs faithful have habitual
access, schools other than those open only to the institutes 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.

C. 683 speaks about the canonical visitation by the Diocesan Bishop

1. He can either personally or through others visit.

- Churches, oratories in which Christ faithful have access
- Schools other than those open for only institutes own members.
- Other works of religious & charity entrusted to them whether
spiritual or temporal

This can be done at times if visitation or at the time necessity.

Therefore the scope of Visitation is

Sacred things
Liturgical things
Person
Schools Etc.
2. If diocesan Bishop becomes aware of abuse, warning to superior is in effect,
he can by his own authority deal with the matter.

THE APOSTOLATE OF THE INSTITUTES

C.673 primary apostolate.

 c.674 Institutes dedicated to contemplation

C. 675 institutes dedicated to Apostolic works

C. 676 Lay Institutes

C.677 fidelity/ accommodation of the works

C.678 dual authority

C. 679 religious prohibited to remain in the diocese.

c. 680 mutual religious

C. 681- works entrusted to religious

C. 681 ecclesiastical office

C. 683 canonical visitation

CHAPTER VI

THE SEPARATION OF MEMBERS FROM INSTITUTE

ARTICLE 1: TRANSFER TO ANOTHER INSTITUTE

C. 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 secularisation 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 institutes
own law has established further conditions. A new profession is not
required.

4 The institutes own law is to determine the time and manner of the
probation which must precede the members 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.

C. 684 speaks about the process of transfer

After profession, a Religious can be separated legitimately from his/her

institute in three ways

1. Transfer to another Institute [CC. 684 685]

2. Departure from the Institute may be temporary or definitive.[CC. 688
693]
3. Dismissal from the Institute by competent authority [CC. 694 704]

Transfer and departure are considered to be voluntary separation.

A dismissal is involuntary separation

C. 689, 1 & 2 Exclusion

C. 690 inclusion = re-admitting the candidate.

C. 703 Expulsion

C. 686 Exclaustration

Most of these canons deal on procedural law, some status are involved.

o Transfer : change of commitment from one place to another

 o Departure: seek legitimate dispensation from vows and entire status
as religious is gone.
o Transfer : simultaneous departure from one to entrance in to another
consecrated life.

In the beginning, transfer of a perpetually professed member from one institute

to another was not considered favorably, such requests were highly
discouraged. However, it was granted for the following reasons:

1. Desire of the Religious for more stricter life

2. Difficulty to follow the norms of the institute.
3. Moral discompulsion in the Institute.

And permission of the Holy See was required

In preparing the text of the Canon, the Revision commission retained the
negative formulation of 1917 code, but the permission of the Holy See was
not required. Instead the permission of the Supreme Moderator of both
the Institutes must be obtained, each having Obtained Consult of their
council.
The transfer - only to the perpetually professed person.
C. 684. 1&2 Transfer from one to another Religious Institute.
The permission of the supreme moderators is required, based
on the request to both moderators, stating the reasons for
going out and coming in.
This request can be taken up in General Meeting.
Superiors can ask for Curriculum Vitae.

1. When one is accepted in another Institute, maximum if 3 years preparatory

period is required, here they follow the vows of the old institute and rules of
the new Institute.
This preparatory period ample opportunities to understand the
demands of new way of life and the institutes find the suitability of the
candidate.
Novitiate is not required unlike 1917 code but remains in vows, during
probation no active and passive voice.
The formal patrimony [endowment fund, temporal good will and
documents] is transferred after making profession in new institute.
 - After probation of 3 years, the member can be admitted to the new
institute.
- If the member refused or is not admitted to do so by the competent
authority, is to return to the original Institute, unless an adult of
secularism is obtained.

C. 684. 3 treats transfer of a religious from one monastery to another,

federation to confederation where the spirit and purpose is common to all
constituent.

Permission of Major Superior of the monastery is required and the

receiving Major Superior must have the consent of the chapter of his /
her monastery.
o This consult is for validity. In addition to universal law, the
Institutes non-legislation can make other requirements.
Canon speaks of religious whether temporarily profused or perpetually
preferred.
Fuirng the preparation of the code 1980, schema involved only
perpetually professed member.
In a reply dated 29th april, 1987 (Ratio Legis). The code commission made
it clear that the term religious in this paragraph refer to those
intemp[orary vows and perpetually professed.

C. 684. 4 the Institutes own law is to determine the length of time and
manner to be spent probation before members profession in the New Institute.

C. 684. 5 -

o A transfer to the secular Institute, societies and Apostolic

life from Religious Institute, or transfer to Religious
Institute from Secular Institute and societies of Apostolic
life.
o It involves a substantial changes in the way of life.
Consequently, the permission of the Holy See is required.
If this permission is given, the relevant Congregation will
give instructions to be followed by the Individual and
Institute or the society involved.
 ARTICLE -2 : DEPARTURE FROM THE INSTITUTE

CC.686-693

C. 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.

C. 686 speaks about ex-claustration, voluntary and imposed.

Ex-claustration :

It is permission granted by the competent Superior to renown outside the

Institute for a definite or indefinite time, during this time he/she remains a
Religious with condition.

Exclaustration comes from the latin word, Ex clausa outside the cloister.

Exclaustration is not a legitimate absence mentioned in C. 665, in certain

extend can constitute absence but exclaustration has different Juridic nature
and effect. (C. 665)

TYPES OF EXCLAUSTRATION :

Basically, there are two types

 1. Voluntary or not imposed. C. 686. 1 & 2
2. Imposed exclaustration. C. 686. 3

But more available in the praxis of Congregation though not in the

code.

I. Exclaustration ad experimentation
II. Qualified exclaustration

o WHO GRANTED EXCLAUSTRSTION TO WHOM?

i. The Supreme Moderator with consult of his/her Council grants
exclaustration perpetually professed member not more than 3
years.
ii. To grant or to extend exclaustration beyond the years reserved to
the Holy See, if it is of the pontifical right ; to the dsiocesan bishop,
if it of the Diocesan right.
For e.g:
1. The supreme Moderator granted for 2 years but he can grant for
3 years to extend 3 years reserved to the Holy see.

GRAVE REASONS FOR THIS EXCLAUSTRATION:

1. Vocational difficulty
2. Support or care of ailing or dying parents
3. Mental depression
4. Completion of personal study
5. Some business undertaking
o It is the sauperior granting it evaluates the granting of grave cause, if it
coulod be resolved by dialogue cannot be the grave reason whether this
grave reason for validity or licity.

2. IMPOSED EXCLAUSTRATION
o It is granted by the
Holy See- member of pontifical Right
Diocesan Right Member of the Diocesan Right

at the request of the Supreme Moderator with the consent of his/her

council.