Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume I › Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues › Treatise II. On the Cultivation of the Moral Virtues › Dissertation I. On the Precepts of the Decalogue › Part VII. On the Seventh and Tenth Precepts of the Decalogue › Section I. On Commutative Justice Itself › Chapter I. On Commutative Justice Generally › Article II. On the Objects of Commutative Justice, or on Strict Rights › § II. On the Different Subjects of Strict Rights

point — Wouters, Manual of Moral Theology

Point IV. On the Ownership of Religious

¶1.

We shall set forth in brief summary the things which are more abundantly explained in the treatise on Religious.

Religious Poverty

782.

I. Religious solemnly professed. 1. In the individual, per se, they are incapable of ownership; they can, however, dependently on Superiors, use the goods of the community. I said per se, because religious of both sexes solemnly professed in Belgium and in Holland have received the faculty that, with due dependence on legitimate Superiors, they can, at least civilly, acquire, retain, administer, and dispose for pious and honest uses of goods which have come to them.1 I said at least civilly, because the decrees are explained in a twofold way: either so that they become proprietors only civilly, or so that they become proprietors also naturally and before God.

One professed of simple vows who is about to emit solemn profession must, within sixty days before solemn profession - he cannot validly do so before - with special indults granted by the Holy See being saved, renounce all goods which he actually has, to whomever he shall prefer, under the condition that profession will follow (can. 581, § 1). Once profession has followed, all those things must immediately be done which are necessary so that the renunciation also obtains its effect in civil law (can. 581, § 2). As regards goods that will come to him after solemn profession, see what is to be said below.

  1. Religious solemnly professed can have ownership in common both of immovable and of movable goods, except the Franciscans of the stricter observance and the Capuchins, who cannot have ownership of immovable goods, and have only the use of fact of movable goods, dependent on the Apostolic See, which has ownership of those goods. The Fathers of the Society of Jesus, for professed houses, and the Discalced Carmelites do not enjoy ownership of immovable goods, but do enjoy ownership of movable goods. Therefore:

a) If the Order is altogether incapable of possessing, all goods which after profession come in any way to a regular are acquired for the Holy See in ownership (can. 582, 2°).

b) If the Order is not altogether incapable of possessing, the said goods, insofar as they can be possessed in common, fall to the Order, or to the province, or to the house, according to the constitutions; otherwise they are acquired for the Apostolic See (can. cited).

1 Sacred Penitentiary, December 1, 1820, and Sacred Congregation for Extraordinary Ecclesiastical Affairs, July 31, 1848.

Religious Poverty

783.

II. Religious simply professed. 1. Any professed of simple vows, whether perpetual or temporary, unless something else is provided in the constitutions, preserves ownership of his goods and the capacity of acquiring other goods. Whatever, however, he acquires by his own industry or in view of the religious institute, he acquires for the religious institute (can. 581, §§ 1 and 2).

Religious Poverty

784.
  1. It is not permitted to those professed of simple vows in a religious Congregation, by an act inter vivos, to abdicate ownership of their goods by a gratuitous title (can. 583, § 1).

III. Novices. 1. If a novice, in the course of the novitiate, renounces his benefices or goods in any way, or obligates them, the renunciation or obligation is not only illicit, but void by the law itself (can. 568).

  1. Before profession of simple vows, whether temporary or perpetual, a novice must, for the whole time during which he will be bound by simple vows, cede the administration of his goods to whomever he shall prefer, and, unless the constitutions provide otherwise, freely dispose of their use and usufruct. This cession and disposition, if it has been omitted because of a lack of goods and these afterward supervene, or if it has been made and afterward other goods by any title come to him, must be made or repeated according to the norms established in § 1, notwithstanding the simple profession emitted (can. 569, §§ 1 and 2).

  2. A professed religious can change the cession or disposition that has been made, not indeed by his own judgment, unless the constitutions allow this, but with the permission of the supreme Moderator; or, if it is a question of nuns, with the permission of the Ordinary of the place, and, if the monastery is subject to regulars, of the regular Superior, provided that the change, at least concerning a notable part of the goods, is not made in favor of the religious institute. But by departure from the religious institute a cession and disposition of this kind ceases to have force (can. 580, § 3).

  3. A novice in a religious Congregation, before profession of temporary vows, should freely make a testament concerning goods present or perhaps to come (can. 569, § 3). It is not permitted to change a testament made without the permission of the Holy See, or, if the matter is urgent and there is not time to have recourse to it, without the permission of the major superior, or, if even he cannot be approached, of the local superior (can. 583, 2°).

Religious Poverty