Article III. On the Observance of Rules and Constitutions

Preliminary Note I. The rules and particular constitutions of individual religions which are not contrary to the canons of this Code retain their force; but those which are opposed to them are abrogated (can. 489).

Preliminary Note II. We speak of rules properly so called, or preceptive rules, but not of those which are merely directive and do not even oblige to penalty.

I. Obligation. All and each religious, Superiors as well as subjects, must not only faithfully and entirely observe the vows which they have pronounced, but also compose their life according to the rules and constitutions of their own religion and thus strive toward the perfection of their state (can. 593).

Whether rules of themselves oblige to the act or to penalty alone depends on the different institutes. Thus in the Order of Friars Minor the rule obliges to the act, under grave or light fault according to the matter subject to it; in the Society of Jesus and the Congregation of the Most Holy Redeemer and in more recent Congregations,¹ it obliges only to penalty.

Nevertheless even the transgression of a rule which obliges only to penalty is commonly not without fault, either because it disturbs order or otherwise is scandalous, or because it does not proceed from an honorable motive but from laziness, from mere pleasure, etc.; indeed the transgression would also be a grave sin if it were done from formal contempt or had a grave influence toward relaxation of discipline (cf. St. Thomas II-II, q. 186, a. 9, ad 1 and 3; St. Alphonsus IV, 10, 41, 42).

¹ Cf. Norms of the Sacred Congregation of Bishops and Regulars, n. 320 (28 June 1901).

II. Interpretation. With regard to interpretation of rules and constitutions, the same norms are valid as for laws taken generally (n. 141). If the matter, all things considered, is strictly doubtful, one must stand for liberty. Moreover, observe:

1. An inconvenience excusing from obligation should not be thought to be present too quickly, considering these things: a) in the state of perfection it is fitting that liberty be restricted; b) in the state of perfection laws have been voluntarily undertaken; therefore sacrifice should be sought rather than avoided.

2. Nor should legitimate desuetude be judged present too quickly. Yet he would err who thought that contrary customs enjoy no favor of law, as though legal or tacit consent were always lacking.

III. Consequences. 1. Local Superiors should take care that at least once a year, on fixed days, their proper constitutions are publicly read (can. 509, § 2, 1st).

2. A Superior is bound to protect the observance of vows and rules, and therefore to correct the defects of subjects, even slight ones; indeed he is bound to this under grave fault "in the case in which the defects are many and such, for example concerning silence, fasts, etc., that they can relax discipline" (St. Alphonsus IV, 13).

"Although each religious may fail in a slight matter by transgressing a slight rule, nevertheless the superior who negligently fails to prevent relaxation of observance when he can do so fails in a grave matter. And therefore he is bound not only to correct defects of subjects which tend to the harm of the whole community, but also to inquire so that he may correct them, as St. Thomas teaches: 'yet without excessive solicitude,' as de Alexandris notes" (St. Alphonsus, loc. cit.).

3. Electors of Superiors should consider these things:

a) Those who elect notably less worthy persons sin gravely, namely because relaxation of discipline must be feared; and this is rightly extended to the election of general consultors and of the procurator general, considering their grave influence both on observance and on other grave matters (St. Alphonsus IV, 100, 101; Homo Apostolicus, tract 13, n. 35).

"Observance will with the greatest difficulty flourish if less worthy persons are elected; because less worthy persons easily become tepid and unworthy, or at least less diligently apply themselves to observance, and then from imperfect observance relaxation of the rules easily and quickly follows, with irreparable harm; for experience establishes that where in some religion an abuse has even once crept in, afterwards it is most difficult to avert it. And indeed less diligent prelates, and those who elect such prelates, are certainly the cause of this most grave harm. Would that detriment of this kind, derived from this source in many monasteries, were not often lamented" (St. Alphonsus IV, 101).

b) With regard to major Superiors in religions of men, can. 506, § 1, establishes: Before proceeding to the election of major Superiors in religions of men, all and each from the Chapter must promise by oath that they will elect those whom they have judged according to God to be fit to be elected.

¹ Cf. Raus, De Sacrae obedientiae Virtute et Voto.