Chapter — Vermeersch, Theologia Moralis
Chapter VI: On the Privileges of Religious
— Notion. We call privileges of religious not indeed all peculiar dispositions, even favorable ones, which have been enacted concerning religious, but those which have been conceded to them although they are not required by the state itself. The Code, cc. 613-625, numbers: communication of privileges; privileges of clerics; exemption; use of indults given to dioceses; questing; privileges of abbots concerning governance.
— 1. Communication. The Code communicates to nuns, insofar as they are capable, the privileges of the same regular Order (c. 613, §2).
Among religions themselves it excludes any communication for the future.
By this disposition of c. 613, §1, are privileges already previously acquired and possessed by communication aeque principalis taken away or not? Some affirm. Thus R. P. Blat, Comment., I, pp. 601, 602; Biederlack-Fuehrich, De religiosis, n. 145; and c. 613, considered separately, favors them. But others, and indeed more in number, deny it. Thus Creusen and Vermeersch, S.J., Summa novi iuris, n. 222; Epitome I. C., I, 615; Nederlandsche Katholieke Stemmen, 1919, the matter being better deliberated after a stricter opinion; Prummer, O.P., Manuale, pp. 302-303; Brandys, O.F.M., Kirchl. Rechtsbuch fur relig. Laiengenossenschaften, n. 94; Fanfani, O.P., De iure religiosorum, nn. 77, 78. These are favored by the general economy of the Code, which, alien to violent disturbance, is not judged to wish to cast religious down from a several-centuries-old use of privileges and to furnish occasion for not a few doubts and difficulties: for when there is question of a religion not so recent, one must labor not a little to discern the titles of privileges. Canon 4 also favors them, by which privileges hitherto conceded and in use remain intact unless expressly revoked. Now in c. 613 there is lacking a clear revocation by which, for example, it would be said: "the very privileges hitherto acquired by communication having been revoked"; but only the ambiguous formula is read: "any communication for the future having been removed." Wherefore, until, if it ever does so, the Commission on the Code has imposed the stricter discipline, religious can safely continue to use all their privileges, even those obtained by communication, as they commonly do in the City itself.
— 3. Regulars, unless they live illegitimately outside the house, novices not excluded, with their houses and churches, are exempt from the jurisdiction of the Ordinary, except in cases expressed by law (cc. 615, 616). "Religions of simple vows do not enjoy the privilege of exemption unless it has been specially conceded to them" (c. 618). Nevertheless, in religions of pontifical law, the local Ordinary cannot change the constitutions, or, of himself, take cognizance of the economic matter, or insert himself into internal governance and discipline.
Therefore, when there is question of regulars, contrary to what is true of religious of simple vows, exemption is presumed; subjection must be proved. Yet nuns who are not subject to regular Superiors are subject to the Ordinary. Exemption from jurisdiction of itself does not bring exemption from visitation. Nevertheless regulars are of themselves immune also from this by their privileges. We spoke of the force of local exemption in I, n. 258. And, with a peculiar privilege saved, the Ordinary can sanction with penalties what he is permitted to command (c. 619).
— 4. Use of indults. With vows and proper Constitutions saved, all religious staying in a diocese can use an indult by which the obligation of common law is legitimately taken away for that place by the local Ordinary (c. 620).
— 5. Questing. Regulars who from their institute are called and are mendicants can, in the diocese where their house has been established, seek alms by the license alone of their Superiors; but outside the diocese they must ask the written license of the local Ordinary in whose territory they desire to quest. Other religious always need this license (cc. 621-624).
— 6. Privileges of abbots. Abbots who govern a monastery, after they have been blessed, can confer first tonsure and minor orders on their professed members, and can use pontifical insignia, with the violet skullcap excepted (c. 625).
— 7. Dispensations. To these privileges add the privileges of various Orders, especially the privilege of dispensing in vows and oaths, concerning which it was said in volume I, n. 296.