§ I. On the Privileges of Regulars Universally

1190. By what reason their privileges have been granted to Regulars. - Privileges are granted I. either by writing or by oracle of the living voice. II. either directly or indirectly, that is, by communication with others privileged. Communication is made either in common form, embracing only those things which commonly and without difficulty are accustomed to be granted, or in special form, by which even unusual things and those which are of rare and difficult concession are comprehended, except nevertheless, unless they are expressed by name:

a) Indulgences, under which privileged altars also come. This follows from proposition 37 condemned by Alexander VII, p. XIV.

b) Proper Offices, which are not communicated to those using the Roman Calendar, and new ones, for which those who have a proper Calendar need an indult. This is clear from the declarations of the S. R. C. dated Sept. 30, 1679 to 3, and March 20, 1706 to 1 and 3.

c) Exemption from the jurisdiction of Ordinaries. Cf. n. 1185. 3°.

But by no communication, however broad, are comprehended:

1.) Certain wholly specific prerogatives which the Holy See has granted to certain Orders exclusively and privatively, with the faculty given to their Superiors General of communicating them to other Religions, Congregations, or even priests in particular.¹

2.) Odious privileges and those which are contrary to their own Statutes.²

3.) Those granted only for a certain time.³

4.) Those given on account of a special motive cause with a condition, either express or tacit: as long as the cause perseveres.⁴

5.) Those granted to some convent, province, or religious of some Institute existing in certain lands, unless the same or a similar reason militates for the other religious, convents, or provinces of the same or another Institute.¹

6.) Those generally revoked by Trent or through Apostolic Constitutions, unless they have been granted anew.²

7.) Those granted with a clause that they are not to be communicated to others, or declared incommunicable, unless nevertheless some succeeding Pontiff, or the same one afterwards, has either granted or confirmed a most ample communication with all other Religions in special form, with efficacious clauses added by which derogation is made from all Constitutions and Apostolic Ordinances to the contrary, and from all other derogatory clauses.³

1191. Confirmation of privileges. - Direct or indirect concessions of privileges by the Holy See are sometimes confirmed, and this either in common form, which does not give a new right and leaves individual privileges in that state in which they were before, or in special form, which not only, as the common form, corroborates valid things, but also revalidates invalidated things, and indeed in such a way that things lost, or granted with a clause that they are not to be communicated to others, are judged to be acquired anew. But if privileges are confirmed more often, and in one confirmation certain things are omitted which are had in another, omitted things are in no way judged revoked, except if they were opposed to Trent or to some Apostolic Constitution which had generally revoked privileges of this kind.⁴

1192. Various matters. - 1° Whatever has been granted to Superiors, whether General or Subaltern, of one Religion, is understood to have been granted to all Superiors also (General or Subaltern) of the other Religions which communicate with them, although the denominations of Offices are various. This rule must also be applied to conditions under which, and to other persons (for example private regulars) to whom some privilege was granted.⁵

2° If a privilege granted to some Religion is not accepted by it, or is not brought into use, or ceases by renunciation or contrary use, or is revoked by the Holy See in particular, or even the Religion is extinguished, no prejudice is thereby created for another Religion which communicates with it.¹

3° Individual members of a Community cannot renounce privileges which have been granted to Communities. See n. 196.

4° Superiors, yet from a just cause, can limit the use of one or another privilege for their subjects, indeed even entirely and generally prohibit it,² except nevertheless lower Prelates, who can use this power only for individual cases or subjects. But if Superiors have neither limited nor prohibited, nor has this condition been added in express words in the indult itself, subjects need no delegation, assignment, or permission from them in order to bring privileges into use.

5° Other Superiors cannot use privileges granted to the General alone; on the contrary, he legitimately uses their privileges.³

6° Privileges 1) communicated to subjects by the General, whether by himself or through subaltern Superiors, generally, that is, not for some special case, endure until they are revoked by him or, he being dead, by his Vicar or successor (n. 151).

2. Those communicated by their own right by subaltern Superiors constituted for a time expire when the term fixed for their office has ended, that is, when the new Superior has entered into his office.

3. Those to be granted for a certain number of cases cease only when the number has been exhausted, not when the office of the one granting has ended (n. 151).

7° Regulars are held to exhibit to the Ordinaries of places:

1. Although not requested, and before they can use them, privileges with the clause: the Ordinaries of places having been informed; likewise new indulgences before they are published.

2. When requested, yet without meanwhile being able to be interdicted from use of the privilege, special privileges of exemption, that is, those which are not contained in the common and notorious law of all regulars. (Cf. n. 195.)

8° Privileges of regulars:

1. Are to be interpreted most broadly, and in that way that they may operate something (n. 193).

2. The Holy See alone interprets authentically and definitively, or juridically. Yet the same must be said of Prelates of regulars in relation to subjects and for the forum of conscience.¹