§ 6. Obligation of Choir

— Choir is no longer a common obligation of religious. But where it exists, daily common recitation of the divine office is imposed in individual houses where there are at least four bound to choir and not actually legitimately impeded. In the same religions of men, and as much as can be done, also of women, Mass corresponding to the divine office must be celebrated daily according to the rubrics; and, with lay brothers excepted, solemnly professed who have been absent from choir must recite the canonical hours privately (c. 610).

— I. That they may preserve the truth of their state, religious must contend toward perfection by vows and religious observance.

II. The common obligations of clerics are of themselves extended to religious by canon 592.

III. They must observe the vows. Acts contrary to them are performed, of themselves, only illicitly by those simply professed, and invalidly by those solemnly professed. But violation of a vow induces the character of sacrilege.

1. By the vow of poverty all are prohibited from using any thing estimable by price for their own advantage as their own, that is, independently of the competent Superior. Dependence is preserved by permission not only express or tacit, but also reasonably presumed. But prohibited abdications or dispositions made in favor of others will be able, according to the manner in which the matter is understood, to be opposed to ecclesiastical law alone. Grave matter varies according to the various case. When there is question of the vice of proprietorship properly so called, or of acts which are prohibited by the vow of poverty from being done concerning things not one's own, the more common opinion judges that matter grave which would constitute grave theft. This gravity seems to be estimated relatively to the condition in which the religious by force of his profession is placed. But small sacrileges do not seem to coalesce. Thefts committed to the detriment of one's own religion are estimated more benignly than thefts of outsiders, so that the required quantity can be increased somewhat, for example by half.

2. By the vow of chastity a religious is prohibited, from the motive of religion, from all internal and external lust, and from marriage during the time of profession.

Professed who presume to contract marriage, even civilly only, and persons who presume to contract with them in the same way, are punished with excommunication reserved to the Holy See if they are solemnly professed, or to the Ordinary if they are professed of perpetual simple vows.

3. By the vow of obedience is promised to God the obedience which is owed in religious life. By force of the vow one must obey the Superior who is placed over the internal governance of the religion or house, and also the Prelate who commands a religious as such by force of the power of jurisdiction: such is the Supreme Pontiff, the regular Prelate at least exempt; and, for a diocesan religion, also the bishop or quasi-bishop. The remote matter of the vow is whatever is either explicitly presented by the rule or constitutions, or is very suitable for their observance; but the proximate matter comprehends precepts which are imposed upon religious as such by force of dominative power or even of jurisdiction. Not rarely today, in order that the vow be violated, it is presupposed that the Superior prescribe in the name of Our Lord Jesus Christ, or in virtue of holy obedience, or clearly express his will of obliging conscience. By the vow religious are also prohibited from impeding the preceptive action of the Superior, by withdrawing themselves from the dominion of the Superior, or from virtually violating precepts, by declaring absolutely, "I do not wish to obey; I will not do it": for they must preserve the state of subjection.

IV. Religious must observe the common life, by which they receive necessities for themselves from the convent in common, with a separate peculium therefore excluded, at least such as is prescribed by the Constitutions. And a peculium of perfect right, or one which cannot be taken away by the Superior, is commonly opposed to the present vow of poverty.

V. A rule is a norm of living according to evangelical perfection, imposed upon religious so that they may commonly and efficaciously tend toward the end of their religion; it has the obligation at least of a penal law, or even a greater one which has been expressly or tacitly added. The name of rule is often reserved to the more ancient norms, while the more recent ones are called Constitutions.

Everywhere, however, the obligation of manifesting conscience to Superiors has been suppressed; nor can they induce subjects to make it to themselves. But spontaneous opening of the soul is not prohibited; and filial confidence is commended by canon 530.

VI. Cloister obliges all religious not to go out of the religious house except with due permission; this is understood more strictly concerning nuns. Nor is it now lawful for Superiors to permit, even for a grave cause distinct from studies or, as we think, from proper ministries, that subjects remain outside the house of their own religion beyond six months (c. 606, §2).

Cloister, called papal, to be observed in the houses of regulars, whether of men or of women, prohibits among men the entry of all women of whatever age, class, or condition, with the wives, with retinue, of those who hold supreme rulership excepted. Among nuns, excepted are Cardinals and those who actually hold supreme rulership and their wives with retinue, the Visitor, the Confessor, physicians, and others whose work is necessary; no one of whatever class, condition, sex, or age can enter the cloister. Postulants are received within the cloister and are held by the law of cloister. Cloister is defined more precisely by the proper Ordinary, with common law attended to. Papal cloister is sanctioned by excommunication.

And also in the houses of religious Congregations, at least partial cloister, which in a particular case can be dispensed by Superiors, is now imposed as to be observed by the Code.

VII. The obligation of choir, where it exists, has been explained above.