Obligation of the Constitutions of Religious Institutes

To n. 250.

In the Constitutions or Rules of Religious Institutes, Rules are to be distinguished which in reality are not Constitutions of the Religious Institute, but certain spiritual or ascetical documents which are proposed to Religious so that with every effort they may tend toward perfection and make progress in it, always going from virtue to virtue. The matter is evident: there is no obligation per se of such Rules; and they are to be observed only so that someone may study always to preserve holiness of life and to increase it day by day. Therefore these Rules contain only a general spiritual direction and counsel for all.

But there are other Rules which contain true Constitutions of regular discipline to be observed by all in such an Institute, so that one who violates them can well be punished by the superior, some penance being imposed and altogether to be accepted and fulfilled by the subject. And thus also in Religious Congregations chapters of faults have been instituted. Cf. Norms of the Sacred Congregation on Religious, n. 167 ff.

Although these Rules or Constitutions do not of themselves bind under fault, nevertheless a religious is bound, even by obligation, to observe them by virtue of obedience, namely not always, but sometimes, that is, when its obligation presses either of itself or by accident. Namely, the object of the vow of obedience is only the external execution of the command of the Superior. But the virtue extends even to internal submission, thus rendering obedience perfect. Therefore the virtue of itself obliges one to observe the Rules or Constitutions when, concerning the Rules or Constitutions, a precept of the Superior intervenes: namely, so that then the religious not only executes the command of the Superior, which pertains to the vow of obedience, but also observes the Rules or Constitutions with an obedient and non-resistant will.

Likewise, the virtue of obedience obliges of itself not to despise the Rules and Constitutions. But it obliges by accident by reason of scandal or harm to the Community, which can arise from that non-observance of the Rules and Constitutions. And thus it is clear how the two numbers of the Norms, which at first sight appear to some to be mutually opposed, namely numbers 134 and 320, related below here, are easily reconciled.

But when the obligation of the virtue of obedience does not so press, the religious is still bound to observe the Rules or Constitutions of themselves from the virtue of obedience, not nevertheless by a strict obligation under liability of fault, but from the counsel and direction proposed to him by the will of legitimate Superiors and by mandate of the Church, if the Religious seriously wishes to study Christian perfection and to aspire to true holiness of life, to acquire it, and to increase it. From this also there arises an obligation of observing those Rules and Constitutions, not directly but indirectly, namely from another higher law, that the member be conformed to the whole and provide for the good of the whole.

For by the natural law itself he is held to this; from this, as he is bound always to act honestly, so also from this law he is bound to observe the Rules and Constitutions, insofar as it will not be without sin if he violates them from an end that is not right, if from circumstances his action is disordered, if finally the transgression of the Rules and Constitutions concerns matter contrary to the vows, or to natural or positive law by which he, like others, is bound.

These things having been laid down beforehand, it is easy to see that there is no opposition between the two cited numbers of the Norms.

"N. 134. From the virtue of obedience a Sister is held by the obligation of fulfilling the dispositions of the Constitutions and of Superiors.

"N. 320. The Constitutions of themselves do not oblige under liability of fault.

"Nevertheless a Sister who would transgress the Constitutions from contempt, or in a matter which was contrary either to the vows or to the precepts of God or of the Church, can by no means be excused from fault."