§ 2. What The Exemption Of Regulars Does Not Comprehend

2189. • In general, Regulars ARE SUBJECT to episcopal jurisdiction in their operation ad extra, and in the exercise of sacred ministry to be furnished to seculars. - But in particular let the following be NOTED:

1. As regards the erection of houses. Regulars cannot erect a regular house, or even a hospice broadly so called, or one which has a church or public oratory, unless with the consent of the Ordinary. Thus from Trent, sess. 25, de Regul., cap. 3. - Yet (in this our time) the consent of the pastor is not required, who has only the right that he be heard in certain cases, namely when his strict and exclusive rights would be injured. Nor similarly is the consent of other Religious required, unless the house is erected outside the city in the vicinity of Mendicant Friars.²²

But by common law it is free for Regulars, even with the Ordinary unwilling, to abandon their houses and churches; and if they have built them from their own revenues or alms, freely to dispose of them (cf. n. 1353). - They can likewise, without new license, provided the rights of another are not injured, either return to their abandoned houses, or transfer a Convent into another place of the same land, or into its vicinity. Nor do they need any license for founding a hospice strictly so called, in which namely neither a church is built nor Masses are received.²³

2. Concerning divine worship. 1) Regulars are bound to observe the Feasts and Interdicts of the diocese; - 2) to conform themselves to the statutes and ordinations of the Bishop concerning the celebration of Mass and the tax of the stipend; - 3) when asked personally by the Bishop, and not only by a public edict, to intervene in processions, they cannot refuse, unless they are exempt by privilege or by force of their rule, or unless they live perpetually in stricter enclosure; - 4) they cannot expose sacred Relics or an unusual Image in the church for public veneration without previous recognition or approbation of the Bishop; - 5) nor similarly can they (outside the Octave of Corpus Christi), unless by license of the Bishop or from legitimately prescribed usage, publicly expose the Most Holy Sacrament (i.e. with the Most Holy uncovered and the doors opened), or institute processions outside the circuit of the church.²⁴

3. Concerning preaching. 1) In churches of Regulars, although approved by the Prelate of the Order, neither seculars nor Regulars of other Orders can preach unless after the license of the Ordinary has been sought and not expressly denied. - 2) In alien churches, they cannot

Regulars preach unless after license has been obtained, and, if it shall have seemed so to the Ordinary, after some moderate and discreet examination has been carried out. Yet the license of the pastor suffices, if they are staying only for a brief time in some place where the Bishop is not present. 3) The Bishop can suspend some Regular (but not all of some Convent, as regards preaching in their own churches), for "reasonable causes, although occult, yet concerning preaching," from preaching (Clement X, Const. Superna). - 4) If the Bishop himself is going to preach in some place, he can prohibit sermons from being had to the people at the same time in other churches, even those of Regulars; likewise, he can prohibit Regulars from preaching on some day, so that thus the whole people may come together in the cathedral.

Regulars cannot without license of the Ordinary 1) publish new indulgences; 2) commend to their hearers needy persons or families, unless there is danger in delay, or unless the church is quasi-parochial. - Moreover, they are forbidden publicly to reprove someone by expressing his name, and to preach concerning the determined time of the last judgment or of Antichrist, or to treat revelations of that sort.

It MUST BE ADVERTED: 1) The Ordinary cannot strictly command that Regulars who do not have the care of souls preach in their own churches, nor that they summon secular preachers or preachers of other Orders into their churches. 2) Likewise he cannot prohibit them from preaching in their own churches at the same hour at which a sermon is being had in the parish church, unless he himself is present at this sermon.¹

4. Concerning the administration of the Sacraments. - 1) To hear confessions of the faithful, Regulars entirely need the approbation of the Ordinary (cf. n. 1746). - 2) They can indeed administer the Holy Eucharist in their own churches, except on Easter day, or even on Thursday in the Supper of the Lord, if the Bishop or custom (as in the kindly City) shall have so established; but, outside the case of custom, they cannot carry it publicly through the streets to the sick without license of the Bishop or pastor. But whether they can carry it secretly, in a case in which there is no question of Viaticum, is disputed. 3) It is strictly prohibited to them, and indeed under penalty of excommunication reserved to the Pope, to administer Viaticum and Extreme Unction without license of the pastor, outside the case of necessity² (cf. n. 1341). Yet for the favor of professed members, novices, and familiars, they can keep holy Oil in their own churches.

5. Concerning the care of souls and Confraternities. - 1) In those things which regard parochial or quasi-parochial care of souls, Regulars are subject to the jurisdiction, visitation, and correction of Bishops.³ - 2) They cannot, without license of the Ordinary, erect Confraternities, except those which Generals of Orders erect by right conceded to them by the Supreme Pontiff. But Confraternities once erected are subject to the visitation of the Ordinary, to whom it also belongs to found, examine, correct, and renew their statutes, unless these have been confirmed by the Holy See or founded in the form of a contract.⁴

6. Concerning synodal Statutes. Regulars are bound by synodal Statutes: 1) as regards directive force, if their observance is necessary for avoiding scandal; - 2) as regards coercive force, if there is question of Feasts to be observed (the rite, however, excepted); or of Interdicts to be published and observed; of the celebration of Masses; of the first Communion of children; of exercising a non-exempt office, as of preacher, confessor, pastor.⁵

7. Concerning the coercive power of Bishops. - Regulars are subject to Bishops, as delegates of the Apostolic See, in the following: 1) In a cause of heresy, and in other matters belonging to the tribunal of the Holy Office. 2) If they gravely offend them, or impede their jurisdiction. 3) If they gravely offend in the preaching of the word of God, in hearing confessions, in the administration of the Sacraments, or in some matter pertaining to the enclosure of nuns. Likewise, if they admit pilgrim priests destitute of commendatory Letters to the celebration of Mass.⁶ - 4) If they dwell outside the cloisters in a permanent manner (i.e. without license of the Superior, or in a place so distant that they cannot be punished by the Superior except after a long time), they can be visited and punished by the Bishop. - 5) If, while dwelling in the cloister (Superiors, however, are excepted), they perpetrate a notorious offense, with scandal of the people, they must be punished by their own Superior within the time to be defined by the Bishop. But if, after repeated admonition, they are not punished, the Bishop himself will be able to take measures against them (cf. n. 1260, 4).⁷

8. Concerning various rights. - 1) As regards the printing of books, Regulars, no otherwise than others, are subject to the Ordinary.⁸ - 2) The Bishop can settle all controversies of precedence relative to processions and in conducting funerals, for that act.⁹ - 3) Bishops can exercise Pontificals in churches of Regulars and use the baldachin. - 4) Without the consent of the Ordinary, it is licit for no one to exercise Pontificals in the said churches.¹⁰

2190. • Questions. QUESTION 1. What power belongs to the Bishop over Religious who are NOT EXEMPT?

Resp. 1. The general principle is that the PERSONS and PLACES of any non-exempt Institute are subject, in all things, to the ordinary jurisdiction of the Bishop, unless the Rule approved by the Holy See, or special privileges obtained either directly or indirectly from the same Holy See, expressly establish some exceptions.

Resp. 2. In fact, there exists no approved Congregation of men which does not enjoy particular exemptions of this kind. But these exemptions generally regard all acts of internal economy, namely: nominations or elections of Superiors, admission and expulsion of Subjects, expenses and accounts, administration of goods, etc. Except if there is question of alienating immovables of not small value, or precious movables, apart from money; for in these things all Institutes, both of simple and of solemn vows, depend upon the Sacred Congregation of the Council (or of Bishops and Regulars), as was said n. 1353.^{vol2-0130-fn-10a}

QUESTION 2. What is the power of the Bishop over NUNS?

Resp. 1. If the nuns are exempt and immediately subject to the Holy See, the Bishop, as delegate of the Holy See, can and must, by himself or through another: 1) examine novices before profession, as was said above (n. 2149); 2) institute a canonical visitation once in the year; 3) preside over the election of the Superiorissa and receive the votes; but confirmation must then be sought from the Holy See itself; 4) exact each year an account of the administration of temporal goods; whence he can remove administrators, although he cannot constitute them¹¹ (cf. n. 2170, Note).

2. If the nuns are exempt and subject to Regular Prelates, he can likewise examine the novices before profession and watch over the administration of goods, as in the preceding case. But he cannot visit the monastery except by reason of enclosure, nor preside over the election of the Superiorissa except directively, only hearing the votes and recognizing them.¹² - The rest belongs to the Regular Prelates.

3. If the nuns are not exempt, he possesses full and ordinary authority over them, yet with the rules approved by the Holy See saved. Nevertheless, if, disseminated in different dioceses, they are subject to a general Superiorissa, each convent indeed depends upon the respective Ordinary as regards those things which are of episcopal jurisdiction; but not so as regards those things which are of mere economic administration, e.g. as regards elections and transfers of nuns from one house to another; for good order demands this for itself, that nuns in matters of this kind not depend upon the governance of ecclesiastical Superiors, but only upon the will of the general Superiorissa; nor does contrary custom seem to be reasonable.¹³

Here it must also be NOTED that it is generally not approved by the Holy See that some Bishop (or Priest) be Superior General of an Institute which is spread into other dioceses, lest the order of jurisdiction be disturbed.^{vol2-0130-fn-13a}