Dada la evolución producida en la profesión auditora en los últimos tiempos, y ello amplificado por los escándalos que periódicamente han visto la luz pública, el establecer niveles de calidad con los que se desarrollan estos trabajos es un tema de máxima relevancia y actualidad. En sus inicios, la función de auditoría se limitaba primordialmente a un trabajo de mera vigilancia o de policía, detectando errores y fraudes, empleando para ello un análisis detallado de todas las transacciones que había llevado a efecto la empresa. Sin embargo, no es hasta principios de siglo XIX, inicio de la Revolución Industrial y consecuente aparición de las grandes sociedades, que la administración y gestión de las mismas queda, en la mayoría de las ocasiones, separada de sus propietarios, surgiendo la necesidad de añadir un nuevo objetivo a la auditoría, como es la determinación de la razonabilidad con la que el balance y el estado de resultados presentan la situación financiera y los resultados de las operaciones efectuadas por la empresa. No obstante, con el crecimiento de las empresas hasta un tamaño que hace rentable la instalación de complejos sistemas de control interno, aparece, como clave de la auditoría, la revisión del sistema de control interno. Observamos como desde sus inicios, la preocupación por sus destinatarios, ha estado siempre patente. Matizar que el surgimiento de la auditoría, según los datos más fidedignos, lo encontramos en Gran Bretaña. No obstante, como es de todo conocido, Estados Unidos ha tomado la cabeza tanto en estudio e investigación de técnicas de auditoría como en su desarrollo legislativo. Siendo -esta preocupación- una cuestión obvia, no debemos olvidar que uno de los principales rasgos que distinguen a las sociedades avanzadas es el caudal informativo del que constantemente se está haciendo uso en el seno de las mismas. Cada vez es mayor el número de destinatarios de la información o bien demandantes de información ajenos por completo a quienes tienen la responsabilidad de elaborarla. Podemos decir que el acontecer de la empresa preocupa no sólo a quienes se sienten vinculados a ella por razones de capital o de trabajo, sino también a un ámbito mucho más amplio que va desde la administración pública hasta los consumidores, pasando por acreedores, futuros inversores, etc. Ahora bien, para que la información financiera de dichas actividades suponga una respuesta adecuada a las mencionadas demandas informativas, es preciso que aquélla esté revestida de unas ciertas garantías que avalen su credibilidad. Es decir, no basta que dichos estados contables sean preparados siguiendo las pautas marcadas por los principios contables generalmente aceptados, sino que es preciso que esto sea apreciado y confirmado por profesionales expertos e independientes, que con su opinión avalen la razonabilidad de dicha información, considerándola o no representativa de la imagen fiel de la situación económica y financiera de la empresa. Como podemos observar, el abanico de usuarios de la información auditada es amplio y heterogéneo, siendo, en la mayoría de las ocasiones, la información que llega a éstos insuficiente y/o inadecuada en tiempo y forma. En este sentido, estamos de acuerdo con Sierra Molina et al. (1999, 98), cuando auguraban: "El futuro es incierto por definición, pero hay circunstancias que nos hacen empezar a pensar en importantes cambios en la filosofía del proceso de elaboración-comunicación de la información contable. La base de datos conteniendo información cuantitativa y cualitativa de la organización puede ser pronto realidad. A ella podrían acceder tanto los usuarios internos como externos (con sus correspondientes controles), y obtendrían una información de mayor utilidad -esto es seguro- de la que les proporcionan las Cuentas Anuales tal como están estructuradas en la actualidad." No obstante, y entendiendo que esta evolución en el proceso de elaboración-comunicación de la información contable mejorara la percepción que se tiene sobre la función auditora, debemos dejar claro que este proceso de cuestionamiento tanto de su finalidad como de su utilidad pública producido en la auditoría no es nuevo ni repentino. En países con una mayor tradición auditora, encontramos que este cuestionamiento se remonta a los años setenta, tomando especial virulencia tras los últimos escándalos financieros suscitados. En este marco planteado, subyace el "audit expectation gap" , definido por el IAASB (International Accounting and Assurance Standards Board, 2011) como la diferencia entre el trabajo efectuado por el auditor y lo que se espera del mismo. Este aspecto impulsó nuestra curiosidad e interés sobre el mundo de la auditoría, y que, como podremos constatar, se ha convertido en el eje central de nuestra investigación. Conviene matizar como, el American Institute of Certified Public Accountants(AICPA) en virtud de una de sus funciones como emisor de normas de auditoría denominadas SAS (Statements on Auditing Standards), fue el que en 1974 acuñó el término analizado. No obstante, al final de la primera parte del capítulo primero, analizaremos con detalle los distintos pronunciamientos y normas emitidos en relación con el gap de expectativas. En resumen, nos encontramos ante una profesión con una idiosincrasia muy particular y cuyo papel en el desarrollo de las sociedades avanzadas actuales se nos antoja cada vez más importante. Es de vital importancia conocer -o al menos acercarnos a ello- los distintos factores que de un modo u otro preocupan a los agentes involucrados en el servicio. Por tanto, establecer esos factores y, de algún modo, conocerlos y controlarlos, redundará en la identificación y posterior control de los distintos "gaps" y del nivel de calidad con el que se está prestando el servicio, paso imprescindible para acometer las acciones correctoras que se estimen oportunas en pos de una mejora en el desarrollo de la función auditora. Justificación y Objetivos. Una vez enmarcados los motivos que han hecho que nos decantemos por esta investigación, vamos a proceder a continuación a justificar por qué es necesaria la misma y cuáles son los objetivos y proposiciones que nos hemos establecido al iniciarla. Partimos de la premisa de que las normas de auditoría de cualquier país o corporación profesional incluyen la obligación que tiene el auditor de llevar a cabo una serie de tareas con un objetivo bien definido: garantizar unos requisitos mínimos de calidad en su trabajo (Norma de Control de Calidad Interno de los auditores de cuentas y sociedades de auditoría, Instituto de Contabilidad y Auditoría de Cuentas (ICAC), 2011). Su justificación la encontramos en la necesidad de asegurar, razonablemente, que su trabajo cumple las normas técnicas de auditoría (NIA-ES, 2013). Para ello, no sólo tiene que preocuparse de que exista un manual de control de calidad en el que se establezcan unos procedimientos que deben abarcar a toda su organización, sino que, además, debe revisarlos periódicamente para determinar si están funcionando correctamente y si siguen siendo apropiados cuando se produzcan algunas circunstancias que puedan afectar, interna o externamente, al normal funcionamiento del despacho. Cualquier profesión organizada, y por ende la auditoría, como recogen Sierra Molina y Orta Pérez (1996), debe cumplir las siguientes características definitorias: - Una actividad o conjunto de actividades específicas que desarrollan sus componentes, que sirve además como elemento diferenciador respecto de otros grupos profesionales. - Un bloque común de conocimientos que poseen todos sus miembros y que éstos han alcanzado a lo largo de un proceso de aprendizaje ordenado y formal. - Aptitud de los miembros del grupo profesional para el ejercicio de la profesión, apreciada a través de pruebas y mecanismos preestablecidos de acceso que garanticen la posesión del bloque común de conocimientos que se juzgan imprescindibles para ello. - Actitud personal corporativa de quienes pertenecen al grupo, lo cual comporta cierta cohesión que les hace sentir, por encima de intereses particulares, un interés cierto por el beneficio común del grupo, orientado al logro de objetivos comunes y de desarrollo y progreso de todo el colectivo. - Autonomía individual de los componentes del grupo en el ejercicio profesional, lo cual lleva aparejada la asunción personal de responsabilidades y pérdidas. - Existencia, de forma explícita o implícita, de un Código de Normas Éticas al que acomodan sus actuaciones todos sus miembros. Como era de prever, todas las características anteriores se encuentran presentes en el colectivo formado por los auditores, pudiéndose apreciar con mayor nitidez según el grado de implantación y desarrollo de la profesión en los distintos países. La aceptación de la auditoría como una profesión trae como consecuencia que sólo deban ejercerla aquellas personas que posean unos requisitos académicos y a los que se les exija una determinada experiencia. A su vez, el ejercicio profesional está sujeto a las normas técnicas que abarcan dos aspectos fundamentales: por un lado, las que están relacionadas con el proceso o ejecución práctica de la auditoría y, por otro, aquellas que guían a sus miembros en sus relaciones con sus clientes, compañeros, las empresas y el público, es decir, sus obligaciones y derechos. Las normas técnicas condicionan el proceso completo de la auditoría. Defliese et al. (1991) señalan que la auditoría debe definirse con una amplitud suficiente como para abarcar los diferentes tipos que existen en constante evolución y de su finalidad. Destacan la definición aparecida en la American Accounting Association (1973), puesto que satisface plenamente este objetivo al comprender tanto el proceso como las finalidades de la auditoría : "es el proceso sistemático de obtener y evaluar objetivamente la evidencia acerca de las afirmaciones relacionadas con actos y acontecimientos económicos, a fin de evaluar tales declaraciones a la luz de los criterios establecidos y comunicar el resultado a las partes interesadas." Siguiendo a Cook y Winkle (1987) y a Kell y Boynton (1992) analizaremos los términos de esta definición: - Dado que la auditoría es un proceso sistemático de obtener evidencia, han de existir conjuntos de procedimientos lógicos y organizados a seguir por el auditor para recopilar la información. - La evidencia se obtiene y evalúa de manera objetiva, por lo que debe emprenderse el trabajo con una actitud mental neutral. - La evidencia examinada consiste en una amplia variedad de información y datos que apoyan los informes elaborados. El auditor tiene que usar su criterio para seleccionar la evidencia apropiada, considerando cualquier elemento que le permita realizar una evaluación objetiva y expresar un dictamen de naturaleza profesional. - Las "afirmaciones" se traducen generalmente en estados financieros, pero la definición objeto de nuestro análisis es lo suficientemente amplia como para incluir informes de otro tipo. - El auditor debe determinar el grado de correspondencia entre la evidencia de lo que ocurrió en realidad y los informes que se han presentados de esos sucesos. - La evaluación y el informe de los acontecimientos deben estar de acuerdo con "principios establecidos". Cañibano (1996, 53), al referirse a la auditoría externa de cuentas anuales o auditoría financiera, la define como un proceso llevado a cabo conforme a unas normas, y mediante el cual las cuentas anuales de una sociedad se someten al examen y verificación de unos expertos cualificados e independientes con el fin de emitir una opinión sobre la fiabilidad que les merece la información económico-financiera contenida en los mismos. Dicha opinión se comunica por medio de un informe o dictamen de auditoría . La ley de Auditoría de Cuentas, de 20 de julio de 2015, define la auditoría en su artículo 1 como la actividad consistente en la revisión y verificación de las cuentas anuales, así como de otros estados financieros o documentos contables, elaborados con arreglo al marco normativo de información financiera que resulte de aplicación, siempre que dicha actividad tenga por objeto la emisión de un informe sobre la fiabilidad de dichos documentos que pueda tener efectos frente a terceros. Más recientemente, Porter et al. (2014) argumentan que la palabra auditoría se usa generalmente para referirse al proceso de ofrecer una opinión sobre la exactitud o validez de la información financiera. En particular, una auditoría externa ofrece una opinión sobre los estados financieros de una organización para los usuarios que se encuentran fuera de la gestión de esta. Observamos una preocupación por delimitar los objetivos de esta profesión, además de los sujetos que deben desempeñarla. En este sentido, San Segundo et al. (2001) plantea -además de la idoneidad de la adaptación de las normas de auditoría a la realidad de los negocios actuales- como otras causas del problema de calidad en la profesión: - Los relacionados con la falta de independencia, con las siguientes fuentes de conflicto: * Los otros servicios suministrados por las empresas auditoras, sobre todo por los contratos a veces enormes de la actividad consultora. * Las relaciones personales que se establecen entre las gerencias de las empresas auditadas y los responsables de auditoría. La ausencia de rotación en los equipos que es diferente de la rotación de auditores. * La falta de negocio en el caso de los auditores individuales. - Los relacionados con la aplicación de los procedimientos de auditoría, con las siguientes áreas de conflicto: * El contenido del informe de auditoría, ausencia de comentarios sobre la calidad de la gestión o sobre el futuro de los negocios examinados. * La aplicación estricta de las normas de auditoría, que en algunos casos no ha permitido detectar deficiencias en la información. En especial al no tener en cuenta los distintos "clientes". * El retraso que las normas tienen con relación a la realidad empresarial. Es conocido que la velocidad a la que se producen los cambios en el mundo empresarial es mayor que la promulgación de normas, ya sean contables o de auditoría. * La presión que sobre los equipos de auditoría, ha tenido, tiene y tendrá la guerra de precios, reduciendo los honorarios hasta límites que hacen peligrar los trabajos. * La ausencia de personal preparado, que unido a las altas rotaciones de personal que son endémicas en la profesión, hacen difícil la gestión a largo plazo de los recursos humanos. Eco de ello se han hecho, las Organizaciones Profesionales (elaborando una serie de manuales y guías para que sus asociados puedan desarrollar su actividad con unas ciertas garantías de calidad), las Autoridades Españolas (a través de los pronunciamientos del Instituto de Contabilidad y Auditoría de Cuentas y Ley de Auditoría de Cuentas), la Comisión Europea (con la publicación de su recomendación sobre Calidad de los trabajos de auditoría) y los órganos emisores de normas internacionales (con la emisión de normas internacionales de auditoría en este sentido). Nos reafirmamos, pues, en el interés y oportunidad del estudio planteado sobre el análisis de la Calidad del servicio de Auditoría desde la perspectiva de lo que se espera del mismo y lo que este nos ofrece. Los últimos acontecimientos ocurridos en el mundo financiero han reabierto el debate sobre ciertos aspectos especialmente espinosos relacionados con la función del auditor, como la independencia de las firmas, la responsabilidad profesional y el 'gap' de expectativas. Llegado este punto, debemos centrarnos en qué es lo que pretendíamos con este trabajo. La verdad es que, plantearnos establecer el nivel de Calidad del Servicio de Auditoría en nuestro país, podría resultar pretencioso -y quizás lo fuera- para un trabajo de esta índole y con los medios de los que disponíamos. No obstante, ése fue nuestro punto de partida y con ese fin desarrollamos esta investigación lo mejor que hemos podido y sabido (agradeciendo, desde aquí, la ayuda a todos los que colaboraron en la ejecución del mismo, especialmente a D. Guillermo Sierra, por su ayuda y comentarios siempre oportunos). Por ello, entendiendo este trabajo como un paso más en nuestra labor investigadora, hemos centrado ésta en el análisis de la calidad del servicio de auditoría desde la perspectiva de los clientes sin olvidarnos de los otros dos grupos de sujetos implicados en la actividad auditora. De este modo, antes de continuar, debemos definir los distintos individuos que componen los tres tipos de agentes identificados. En una primera aproximación, podríamos recoger: - Grupo de los Clientes de las firmas de Auditoría. Estará formado por los encargados de solicitar el servicio a las firmas auditoras. Si analizamos sintéticamente todo el proceso podemos observar cómo, en definitiva, son los propios elaboradores de la información financiera los encargados de contratar el servicio. De forma concreta podemos decir que se trata de los directivos y administradores. - Grupo de los Usuarios externos de las Cuentas Anuales auditadas. En una primera aproximación, dentro de ellos podríamos citar: accionistas, inversionistas, analistas financieros, bancos y demás entidades de crédito, trabajadores, acreedores, proveedores, compradores y terceros en general, la hacienda pública, las autoridades, etc. Como veremos con detalle en el capítulo tercero es el grupo más heterogéneo, existiendo multitud de clasificaciones de los mismos. Los intereses de cada uno de ellos marcará de diferente forma la percepción que tienen del servicio de auditoría. - Grupo de Auditores. Estará formado por todos aquellos individuos implicados en el desarrollo de la propia función auditora, recogeremos representantes de distintos escalafones a la vez que de distintos tipos de firmas. Es importante establecer la diferencia entre clientes y usuarios a efectos de este trabajo. En la literatura podemos encontrar a directivos y administradores como usuarios que soliciten tener un margen razonable de seguridad de que la gestión y el control del negocio se han llevado de forma eficiente y de acuerdo con las políticas y procedimientos emanados de la alta dirección. No obstante, entendemos que los directivos y administradores cumplen -en relación con este servicio- un papel básicamente de Clientes ya que son los que toman la decisión de contratar y, en su caso, mantener la relación contractual con el auditor. Considerando todo lo expuesto, y sin olvidar que el fin último de nuestro proceso investigador actual es el análisis del nivel de calidad del servicio de auditoría, establecemos como Objetivo Principal de esta investigación: A nálisis de la Calidad del Servicio de Auditoría desde la perspectiva de los Clientes . No obstante, lo completaremos con una serie de entrevistas semiestructuradas adaptadas para cada uno de los dos agentes restantes involucrados en la labor auditora. El objeto de éstas es perfilar el cuestionario enviado a los clientes del servicio. Este objetivo que podríamos calificar como Principal necesita para su consecución el establecimiento y demostración de una serie de presunciones. Al tiempo, que la identificación y posterior adaptación y aplicación al servicio analizado del instrumento elegido. De este modo, hemos establecido una serie de objetivos de carácter secundario, pudiéndose exponer de forma secuencial: - Poner de manifiesto como la Calidad en el servicio de Auditoría es un tema de actualidad. - Establecer como la Calidad como Sistema se ha erigido en una de las alternativas que, con más éxito, ha dado respuesta a estos retos del entorno competitivo actual. - Una vez hemos mostrado a la Auditoría como un servicio (básicamente, servicios a empresas), trataremos de identificar el mejor Instrumento para Medir la Calidad en los Servicios, al tiempo que establecer el Sistema de medición que utilizaremos para cada uno de los tres colectivos estudiados. - Posteriormente, deberemos adaptarlo al servicio que pretendemos medir al objeto de que los resultados obtenidos tengan una mayor consistencia. - Por último, procederemos a la aplicación del instrumento elegido poniendo de manifiesto los resultados obtenidos y las precisiones que nos hayan ido surgiendo. Organización del Trabajo. Con el fin de cumplir los objetivos marcados, siguiendo un proceso lógico y estructurado, hemos dividido nuestra investigación en cinco capítulos (junto con un apartado introductorio y otro relativo a las referencias bibliográficas), que seguidamente pasaremos a comentar. En el capítulo primero , titulado "La Calidad en los Servicios. Filosofía de trabajo en Auditoría" , nos hemos centrado –básicamenteen analizar cómo la calidad de la auditoría es un tema de actualidad, centrándonos en las manifestaciones sobre ello y en los aspectos que más significativamente inciden en esa calidad. En la segunda parte del capítulo nos hemos acercado a la conceptualización del servicio que, en definitiva, es la auditoría, analizando para ello la calidad en este sector de la economía. En el segundo de los capítulos , titulado "Medición de la Calidad en los Servicios. Elección de un Modelo: SERVQUAL" , analizamos en primer lugar cómo la calidad necesita ser medida (ya sea, de un modo cuantitativo o cualitativo). Seguidamente, nos detenemos –con detalle, debido a la importancia que posteriormente tendría en nuestro trabajo- en los distintos instrumentos, escalas y modelos que se han utilizado para analizar la calidad en el sector servicios, dejando para el final un breve recorrido por los distintos sistemas de recogida de información que nos ayudarán en el proceso de medición y un breve planteamiento de la investigación como puente hacia el capítulo tercero. Una vez acabada la parte introductoria de la investigación y teniendo ya claro el instrumento que utilizaríamos para la medición, en el capítulo tercero , titulado "La Calidad del Servicio de Auditoría (I): Planteamiento de la Investigación" , estudiamos en primer lugar la calidad desde la perspectiva de los distintos agentes involucrados en la misma, analizando para ello la literatura para, seguidamente acercar la escala elegida en el capítulo anterior al servicio de auditoría. El capítulo concluye con una adaptación del instrumento elegido al servicio analizado, tomando en consideración las características del propio instrumento y las entrevistas efectuadas a los otros dos grupos de agentes. En el capítulo cuarto , siendo el que recoge la parte empírica de la investigación, titulado "La Calidad del Servicio de Auditoría (II): Desarrollo de la Investigación" , plasmaremos los resultados obtenidos tras la aplicación del instrumento elegido. Por último, en el quinto de los capítulos , titulado "Conclusiones y Futuros Desarrollos" , nos haremos eco de las principales conclusiones que hemos podido ir obteniendo sobre: la Calidad y la Medición en los Servicios y la Adaptación y Aplicación del Instrumento elegido. Asimismo, recogeremos los Resultados obtenidos tras esa aplicación, sin olvidar plasmar posibles futuras investigaciones derivadas de ésta.
1PELAKSANAAN PEMBERIAN KREDIT DENGAN JAMINAN FIDUSIA PADABANK NAGARI CABANG UTAMA PADANGVicky Anggreani ¹, Elyana Novira¹ , Yoviza Media ¹,¹Jurusan Ilmu Hukum, Fakultas Hukum, Universitas Bung HattaE-mail : Vicky_harun@ymail.com¹Jurusan Ilmu Hukum, Fakultas Hukum, Universitas Bung HattaAbstractThe extension of credit by the bank is lending money to members of the public which isgenerally accompanied by the delivery of credit by the debtor (borrower). What is going on atthe moment in which the need for funds in order to move the nation's economy increasinglyfelt, on the other hand there are also groups of people who have the ability to try but isplagued with funding problems, because that required the agency to act as a creditor toprovide and distribute funds on debitur.As for is a problem in this thesis is How theImplementation of the Lending Fiduciary, the constraints faced in the implementation of thebank lending to the fiduciary, the form of Bad Debts Settlement in Bank Nagari Main BranchPadang.In This study used methods of juridical sociological (empirically) that the discussionfocused on the statutory provisions in force and the facts associated with that encountered inpractice are required dilapangan.Data primary data and secondary data. Be based researchresults, it can be concluded that the implementation of credit with the Bank's fiduciary NagariMain Branch Padang in general not only done by registered deed of Notary only. constraintsbinding constraints encountered in this credit are having difficulty in monitoring the presenceof goods collateral .Form loan resolution at Bank Nagari Main Branch is providing firstwarning letter to the debtor, but if the debtor does not heed the warning letter given by thebank, then the bank can file a submission file to the the Office of the auction.Key words: Providers, Loans, Insurance, Fiduciary.PendahuluanPerubahan perkembangan dankemajuan internal yang terjadi beberapatahun terakhir ini telah membawa pengaruhsangat besar bagi bangsa Indonesiakhususnya dalam bidang ekonomi untukmewujudkan masyarakat Indonesia yangadil dan makmur berdasarkan Pancasiladan Undang-Undang Dasar 1945,meningkatnya pelaksanaan pembangunannasional yang berasaskan kekeluargaanperlu senantiasa dipelihara dengan baiksehingga untuk mencapai tujuan tersebutmaka Pelaksanaan pembangunan ekonomiharus lebih memperhatikan keserasian,keselarasan, dan keseimbangan unsurunsurpemerataan pembangunan,pertumbuhan ekonomi dan stabilitasekonomi.Menurut ketentuan Pasal 8Undang- Undang Nomor 10 Tahun 19982tentang Undang- Undang Perbankan,dalam memberikan kredit, kreditur wajibmempunyai keyakinan atas kemampuandan kesanggupan debitur untuk melunasiutangnya sesuai dengan yang telahdiperjanjikan. Dalam penjelasan Pasal 8tersebut dijelaskan, bahwa kreditur untukmemperoleh keyakinan tersebut sebelummemberikan kredit harus melakukanpenilaian yang cermat dan seksamaterhadap karakter kemampuan, modal,agunan, dan prospek usaha dari debitor.Dalam perjanjian kredit sudah pasti denganperjanjian dan juga adanya suatu jaminan.Salah satu jaminan yang dikenal adalah"fidusia". Pemerintah telah menerapkankebijaksanaan perkreditan melaluilembaga- lembaga keuangan milikpemerintah maupun milik swasta, yangmemberikan kredit dengan bunga rendahdan kemudahan- kemudahan lainnya.Dalam praktek perbankan, ditetapkanprinsip pemberian kredit (pinjaman), yangmelarang bank menanggung risiko akibatpemberian kredit, sehingga setiap pinjamanyang diberikan harus ada agunannya.Pemberian kredit merupakan pemberianpinjaman uang oleh bank kepada anggotamasyarakat yang umumnya disertai denganpenyerahan jaminan kredit oleh debitur(peminjam). Kredit sebagai suatu perikatan(verbintenis) yang terjadi karenaperjanjian, untuk dinyatakan syah menurutPasal 1320 KUHPerdata apabila dipenuhi 4syarat yaitu :1. Sepakat antara pihak-pihakyang mengikatkan diri.2. Kecakapan untuk membuatperikatan.3. Suatu sebab yang halal.4. Suatu hal tertentu.Pada prinsipnya pemberian kreditdapat diberikan oleh siapa saja yangmemiliki kemampuan untuk itu. Selamaproses pemberian kredit antara BankNagari (kreditur) dan nasabah (debitur)disepakati, maka lahirlah kewajiban padadiri kreditur untuk menyerahkan uang yangtelah diperjanjikan kepada debitur. Denganhak untuk menerima kembali uang daridebitur pada waktunya, disertai denganbunga yang telah disepakati oleh parapihak. Pada dasarnya tujuan pemberiankredit haruslah didasarkan pada kelayakanusaha, agar usaha yang dibiayai dapatberkembang, menyerap tenaga kerja, danpada akhirnya dapat menyumbangpeningkatan ekonomi masyarakatdisekitarnya. Jaminan secara umum inikadang- kadang menyebabkan seorangkreditor hanya memperoleh sebagian dariuangnya saja, oleh karena jaminan secaraumum ini berlaku bagi semua kreditor.Jaminan seperti ini dinamakan jaminankebendaan yang dapat berbentuk gadai,hak tanggungan ataupun jaminan. Pada3awalnya, lembaga jaminan fidusia yangdikenal dalam hukum Romawi dengannama Fidusia Cum Crediture. Dalamperjanjian Fidusia Cum Crediture, barangbarangdebitur diserahkan dalam pemilikankreditur. Barang-barang yang menjadiobjek Fidusia Cum Crediture pada saat itudapat berupa barang bergerak dan barangtidak bergerak. Perjanjian jaminan fidusiaadalah perjanjian yang muncul karenaadanya perjanjian kredit bank. Apabilanasabah debitur wanprestasi, bank dapatmengambil pelunasan utang dari hasilpenjualan barang jaminan fidusia. Dalampraktek ada kecenderungan bahwa objekjaminan fidusia akan dikuasai bank jikanasabah debitur tidak sanggup melunasiutang. Teori fidusia yang menjadipedoman dalam penulisan ini adalahperjanjian pengalihan hak kepemilikkansuatu benda atas dasar kepercayaan denganketentuan hak kepemilikkan atas bendayang dialihkan itu tetap berada dalampenguasaan si pemilik benda. Dengandibuatnya Undang-Undang Nomor 42Tahun 1999 tentang Jaminan Fidusia inidimaksudkan untuk membantu kegiatanusaha dan untuk memberikan kepastianhukum kepada para pihak yangberkepentingan. Pendaftaran JaminanFidusia diatur dalam Pasal 11 sampai Pasal18 Undang- Undang Nomor 42 Tahun1999 tentang Jaminan Fidusia danPeraturan Pemerintah Nomor 86 Tahun2000 tentang Tata Cara Pendaftaran danBiaya Pembuatan Akta Jaminan Fidusia.Dalam pasal 11 Undang- Undang Nomor42 Tahun 1999 tentang Jaminan Fidusiaditentukan bahwa benda baik yang beradadi dalam maupun yang berada di luarwilayah Republik Indonesia yang dibebanidengan jaminan fidusia tersebut wajibdidaftarkan. Pendaftaran dilakukan padakantor pendaftaran fidusia. Untuk pertamakalinya kantor pendaftaran fidusiadidirikan di Jakarta dengan wilayah kerjamencakup seluruh wilayah RepublikIndonesia, tetapi dengan perkembanganzaman telah dibentuk di setiap provinsi diIndonesia. Kantor Pendaftaran Fidusiaberada dalam lingkup DepartemenKehakiman dan Hak Asasi Manusia. Padaintinya fidusia adalah pengalihan hakkepemilikan atas suatu benda yang dapatdifidusiakan tersebut berdasarkankepercayaan yang penguasaannya tetapdilakukan oleh si pemilik benda tersebut. Dalam praktek perjanjian Fidusiabanyak dituangkan dalam akta dibawahtangan, bukan dengan akta otentik atauakta notaris. Berdasarkan kondisisebagaimana yang telah diuraikan dalamlatar belakang masalah tersebut di atas,Pihak Bank Nagari Cabang Utama Padangdalam memberikan suatu fasilitas pinjamankredit kepada seorang debitur telah benarbenardidasarkan prinsip kehati-hatian danasas-asas perkreditan yang sehat serta4didukung oleh itikad baik dari para pejabatkredit, namun kemungkinan timbulnyakredit macet/bermasalah tetap mengingatbahwa pemberian kredit itu mengandungresiko yang tinggi tidak kembalinyasebagian/seluruh uang yang dipinjamkanbeserta bunganya.Terbukti dari data beberapanasabah yang menunjukkan bahwapinjaman kredit mengalami permasalahandalam proses pengembalian, yaitu adanyadebitur yang terlambat membayar utangkreditnya sampai tanggal jatuh tempo.Berdasarkan uraian di atas dapatdirumuskan permasalahan dari penelitai inisebagai berikut:1. Bagaimanakah PelaksanaanPemberian Kredit denganJaminan Fidusia pada BankNagari Cabang Utama Padang?2. Apa saja kendala-kendala yangdihadapi pihak bank dalampelaksanaan pemberian kreditdengan Jaminan fidusia padaBank Nagari Cabang UtamaPadang?3. Bagaimanakah bentukPenyelesaian Kredit Macet padaBank Nagari Cabang UtamaPadang?Sesuai dengan latar belakang danperumusan masalah, maka penelitianini bertujuan :1. Untuk mengetahui bagaimanaPelaksanaan Pemberian Kreditdengan Jaminan Fidusia padaBank Nagari Cabang UtamaPadang.2. Untuk mengetahui kendalayang dihadapi pihak bankdalam pelaksanaan pola kreditdengan Jaminan fidusia untukmenyelesaikan kredit macetpada Bank Nagari CabangUtama Padang?3. Untuk mengetahui KonsekuensiYuridis/ Penyelesaian KreditMacet pada Bank NagariCabang Utama Padang,sehubungan dengan jaminanfidusia.MetodologiDalam peneltian ini penelitimelakukan pendekatan masalah yangdigunakan dalam penelitian ini adalahbersifat penelitian hukumSosiologis/hukum sosial ( Social LegalResearch). Maksudnya usaha untukmenemukan, mengembangkan, danmenguji kebenaran suatu pengetahuan,usaha mana dilakukan denganmenggunakan metode-metode ilmiah.Untuk mendapatkan data primer danbahan-bahan yang berasal dari pustakadigunakan untuk mendapatkan datasekunder.5Dalam penulisan ini jenis data yangdigunakan adalah:1. Data PrimerData yang diperoleh secaralangsung oleh peneliti dilapangan melaluiwawancara dengan responden yang terdiridari Wakil Pemimpin Cabang BidangPrekreditan Bank Nagari Cabang UtamaPadang, Pemimpin Bagian AdministrasiKredit Bank Nagari Cabang UtamaPadang, serta beberapa orang pemilikkendaraan yang menjadi pihak nasabah.2. Data SekunderMerupakan data yang telah ada dandiperoleh dengan penelitian kepustakaan,yang ada yang berupa bahan hukum, datatersebut antara lain:a. Bahan Hukum PrimerBahan hukum yang memiliki kekuatanhukum mengikat yang dalam hal ini berupaperaturan perundang- undangan yangterkait untuk itu antara lain Kitab Undang-Undang Hukum Perdata, Undang-UndangNomor 7 Tahun 1992 tentang Perbankanyang telah mengalami perubahan Undang-Undang Nomor 10 Tahun 1998 tentangPerbankan, undang- Undang Nomor 42Tahun 1999 tentang Jaminan Fidusia,Peraturan Pemerintah Nomor 86 tahun2000 tentang Tata Cara Pendaftaran danBiaya Pembuatan Akta Jaminan Fidusia.b. Bahan Hukum SekunderBahan-bahan yang erat yanghubungannya dengan bahan hukum primerdan dapat membantu menganalisa bahanhukum primer yaitu :1 Literatur, atau hasil penulisan yangberupa hasil penelitian2 Buku-buku ilmiah3. Makalah-makalah4. Hasil-hasil penelitian danwawancarac. Bahan Hukum TersierBahan hukum tersier meliputi:1. Kamus hukum2. Kamus Bahasa Indonesia3. Kamus Bahasa InggrisPenelitian lapangan ini dilakukan di BankNagari Cabang Utama Padang. Untukmemanfaatkan data yang ada, maka dalampenelitian ini digunakan metode- metodesebagai berikut:a. Studi DokumenMelakukan inventarisasi terhadapbahan- bahan hukum yang diperlukan,seperti: bahan- bahan hukum primer,bahan- bahan hukum sekunder, dan bahanbahanhukum tersier. Melakukanpencatatan dan pembuatan daftar ikhtisaryang berisikan berbagai pengertian dan6pendapat para ahli tentang penulisanskripsi ini.b. WawancaraWawancara adalah teknik yangdipakai untuk mendapatkan dataprimer. Wawancara dilakukan denganmenggunakan daftar pertanyaan secarabebas terpimpin guna untukmendapatkan informasi yang jelas danakurat sebagai pedoman wawancaradengan responden sebagai alatpengumpulan data.Setelah data dikumpulkan darilapangan dengan lengkap, maka tahapberikutnya adalah :a. Pengolahan DataPengolahan data disusun secarasistematis melalui proses editing yaituakan merapikan kembali data yangtelah diperoleh dengan memilih datayang sesuai dengan keperluan dantujuan penelitian sehingga didapatsuatu kesimpulan akhir secara umumyang nantinya akan dapatdipertanggungjawabkan sesuai dengankenyataan yang ada.b. Analisis DataSetelah data primer dan data sekunderdiperoleh selanjutnya dilakukan analisisdata yang didapat dengan mengungkapkankenyataan- kenyataan dalam bentukkalimat, terhadap data yang diperoleh darihasil penelitian tersebut, penulismenggunakan metode analisis secarakualitatif yaitu uraian terhadap data yangterkumpul dengan tidak menggunakanangka- angka serta berdasarkan peraturanperundang- undangan, pandangan pakar,dan pendapat penulis sendiri.Hasil dan PembahasanBerdasarkan hasil penelitian yang penulislakukan pada Bank Nagari Cabang UtamaPadang serta hasil wawancara dengan BapakRamlis, SE, MM, selaku Wakil PemimpinCabang Bidang Prekreditan pada BankNagari Cabang Utama Padang yang penulislakukan pada hari Rabu tanggal 10 Juli2013, dapat diketahui Pelaksanaanpemberian kredit dengan jaminan fidusiadalam praktek oleh Bank Nagari CabangUtama Padang pada dasarnya sama denganpemberian kredit jaminan lainnya, hanyadalam hal pengikatan jaminan saja yangberbeda dimana pemberian kredit denganjaminan fidusia harus melewati beberapatahap antara lain :1. Tahap permohonan kredit dari calonnasabah.Dalam hasil penelitian, calonpenerima kredit yang megajukanpermohonan datang ke bank untukmemperoleh informasi mengenai7persyaratan dalam pemberian kredityang bersangkutan. Kemudian calonnasabah akan mengajukanpermohonan secara tertulis untukmemperoleh kredit denganmempersiapkan dan melampirkandata serta informasi dokumen atausyarat-syarat lain yang diperlukanoleh bank. Bank harus memastikankebenaran data dan informasi yangdisampaikan dalam permohonankredit.2. Tahap penilian dan pemeriksaan.Setelah calon nasabah mengajukanpermohonan maka langkahberikutnya adalah proses identifikasicalon nasabah, meliputi:a. Interview.Dalam prakteknya, hal inipihak bank sebagai pemberikredit (kreditur) melakukaninterview atau wawancaraterhadap calon nasabahmengenai identitasnya, baikmengenai nama dan alamatdari si pemohon, maupunbidang usaha yangdijalankan.b. Studi kelayakan.Dari hasil penelitian, bankdidalam memberikan kreditkepada calon nasabahmeninjau terlebih dahulumengenai usaha yang akandilakukan oleh calon nasabahtersebut. Jadi, bank dapatmemperkirakan apakah calonnasabah tersebut dapatmemperoleh pinjaman uangdalam melakukan usahanya.c. Penilaian jaminan yangdilakukan pada saat nasabahmengajukan permohonankredit dengan ketentuansebagai berikut :1) Penilaian oleh jurutaksir.2) Pedoman penilaianterhadap benda-bendabergerak seperti :a) Kendaraan,pedomanpenilaiannyaadalah darisegi hukum,status, hargapasar, dalamkendaraanbaru ataubekas,penyusutanberdasarkantahun daripembuatan,kondisi8terpeliharaatau tidak.b) Mesin,pedomanpenilaiannyaadalah hargapembeliankeadaan baru,penyusutandengan tahunpembuatan,kondisiterpeliharanya.d. Penilaian dokumen-dokumenyang berkaitan dengan usaha,maksudnya semua dokumenjaminan yang berkaitandengan usaha yang dilakukanoleh nasabah agar ditelitistatus, kelengkapan dankeasliannya.3. Tahap analisis kredit.Dari semua data dan informasi yangtelah diperoleh dalam tahapantahapansebelumnya, bankmelakukan analisis dari berbagaiaspek, keuangan, agunan, sosialekonomi, dampak lingkungan danresiko kredit.4. Tahap keputusan kredit.Pejabat yang berwenang atau yangdiberi wewenang akan memutuskanatau menolak permohonan yangdiajukan. Jika permohonan ituditolak maka disertai dengan alasanalasanpenolakannya. Jikapermohonan tersebut dikabulkanmaka diputuskan antara lain berapabesar kredit yang diberikan, berapabesar suku bunganya, berapa lamajangka waktu kreditnya, bagaimanasistem pembayaran bunga dan pokokyang menjadi kewajiban debiturnantinya.5. Tahap pemberitahuan.Proses pemberitahuan adalah prosespenentuan kepada perusahaan kreditkepada nasabah harus diketahuisecara resmi, apakah ditolak /disetujui serta dibuatkan suratnyadengan jangka waktu yangditentukan.6. Tahap pencairan kredit.Sebelum melakukan prosespencairan, harus dilakukanpemeriksaan kembali semuakelengkapan yang harus dipenuhiberdasarkan prinsip sebagai berikut :a) Bank hanya menyetujuipencairan kredit apabilaseluruh syarat-syarat yangditetapkan dalam persetujuandan pencairan kredit telahdipenuhi oleh pemohonkredit.9b) Sebelum pencairan kreditdilakukan bank harusmemastikan bahwa seluruhaspek yang berkaitan dengankredit telah diselesaikan dantelah memberikanperlindungan yang memadaibagi bank.7. Tahap pengawasan / Monitoring.Setelah melalui beberapa tahapdiatas, maka terhadap kredit yangakan dicairkan akan dilakukanpengawasan terhadap penggunaandana, apakah dana tersebutdigunakan tepat pada sasaran atautidak.8. Tahap pelaksanaan dan administrasikredit.Apabila calon penerima kreditmenerima semua syarat-syarat yangtercantum dalam keputusan kreditmaka ia harus menandatangani tandapersetujuan kredit dalam suatuperjaanjian yang disebut denganperjanjian kredit dan pengikatanjaminan serta formulir-formulirperjanjian lainnya. Tahap perjanjiankredit ini dibuat secara dibawahtangan atau dengan akta notaris.9. Tahap pengikatan dengan jaminanfidusia.Pada tahap ini kedua belah pihakdebitur maupun kreditur menghadapkepada notaris untuk melakukanpengikatan dengan jaminan fidusia.Sebelum pembuatan akta oleh notaristerlebih dahulu harus mengenalkedua belah pihak. Notaris dapatmengenal pihak debitur lewat KartuTanda Penduduk (KTP) sedangkanuntuk pihak debitur harusmemperlihatkan surat dariinstansinya. Setelah mengenal parapihak, dan para pihak hadirdihadapan notaris barulah notarisbisa membuatkan akta jaminanfidusia.Berdasarkan hasil wawancara yangpenulis lakukan dengan Bapak BusnelWatson, ST selaku Pemimpin BagianAdministrasi kredit dan data yangdiperoleh pada Bank Nagari CabangUtama Padang, yang dilakukan pada hariSenin tanggal 29 Juli 2013, Dalamprakteknya, pemberian kredit denganjaminan fidusia pada Bank Nagari CabangUtama Padang pada umumnya didaftarkan,dilakukan dengan pengikatan akta notaris.Ini disebabkan karena dapat menghematbiaya bagi debitur. Walaupun dilakukandengan pengikatan akta notaris saja,namun tujuannya adalah tetap untukmengamankan jaminan yang diserahkanoleh debitur kepada bank.Adapun untuk menjadi objek dalamdata pelaksanaan pemberian kredit dengan10jaminan fidusia pada Bank Nagari CabangUtama Padang dari tahun 2010-2012adalah sebagai berikut :Tabel 1.1Data Jumlah Objek Jaminan Fidusia BankNagari Kantor Basis Cabang UtamaPadaPadang Tahun 2010-2012Sumber : Bank Nagari Cabang PadangDari hasil wawancara denganBapak Busnel Watson selaku PemimpinBagian Administrasi Kredit Cabang UtamaPadang pada tanggal 29 Juli 2013berdasarkan data di atas dapat diketahuibahwa pelaksanaan pemberian kreditdengan jaminan fidusia dari tahun 2010-2012 tidak mengalami peningkatan.Benda-benda yang sering dipakai sebagaiobjek fidusia pada Bank Nagari CabangUtama Padang adalah Kendaraan/AlatBerat dan Mesin-mesin, Kendaraantersebut baik itu mobil ataupun sepedamotor. Pada persediaan barang dagangandiatas baik itu berupa toko dapatdijaminkan melalui jaminan fidusia,dimana harga barang tersebut dinilaiberdasarkan suatu harga taksiran yangharus diperinci, hal ini disebabkan karenaturun naiknya harga barang sesuai denganharga pasar.Persentase dari jumlah kreditdengan jaminan fidusia pada tahun 2010-2012 ini dalam pecahan desimalnya 0,01dijadikan dalam persentase sebesar 1 %.Dari tahun 2010-2012 tersebut tidakmengalami peningkatan sehingga dalamprakteknya jaminan fidusia tidakberkembang.Pada kendaraan bermotor sebagaijaminannya adalah BPKB (Buku PemilikKendaraa Bermotor) dari debitur yangdipegang oleh pihak bank, yangdimaksudkan untuk kepastian hukum.Dalam hal penerimaan jaminan ini BankNagari Cabang Utama Padangmengadakan pemeriksaan terlebih dahuluterhadap barang jaminan. Tujuannyaadalah untuk memastikan bahwa jaminanyang ada betul sesuai dengan data-datayang tercatat pada bukti pemiliknya.Sebagaimana diketahui bahwapemegang barang jaminan itu bukan lagisebagai pemilik, maka terhitung mulai saatditandatanganinya perjanjian fidusiadebitur berperan sebagai peminjam belakaNo Nama AgunanTahun2010 2011 20121.Persediaan BarangDagangan - 2 -2. Kendaraan /Alat Berat 16 26 223. Mesin-mesin 2 2 311dan dia memegang barang jaminan ituadalah karena atas dasar saling percaya.Bank Nagari Cabang Utama Padangdalam menyalurkan dana ke masyarakatkhususnya pengusaha tentu mengalamimasalah-masalah dalam pemberian kreditdengan jaminan fidusia antara lain adalah :1) Mengalami kesulitan dalammemonitor keberadaan barang yangdijaminkan.Misalnya pada kendaraan bermotor,keberadaan barang tidak selaluberada dibawah pengawasan bank.Untuk itu benda yang dijaminkan,nilai jaminannya haruslah lebih besardari jumlah kredit.2) Mengalami pengurangan jumlah jual.Misalnya pada mobil, seringmengalami pengurangan jumlah jual.Hal ini disebabkan karenapenyusutan harga mobil sesuaidengan tahun pembuatan. Sehinggapedoman penilaiannya dapat dilihatdari segi hukum, status, harga pasar,dalam keadaan baru atau bekas,penyusutan berdasarkan dari tahunpembuatan, serta kondisi terpeliharaatau tidak.3) Terdapat adanya debitur yangwanprestasi, bentuknya antara lain :a) Masalah pembayaran pokok,debitur tidak melakukankewajibannya dalammembayar angsuran.b) Debitur tidak melakukankewajibannya dalampembayaran bunga.c) Debitur menjual objekjaminan fidusia tanpasepengetahuan bank.Misalnya pada persediaanbarang dagangan, dalam halini bank mengalami kesulitandalam memonitor persediaanbarang dagangan yangdijaminkan.Menurut keterangan dan hasilwawancara yang penulis lakukan denganbeberapa orang yang menjadi pihaknasabah, beberapa diantaranya adalahBapak Busnel Watson, ST selakuPemimpin Bagian Administrasi Kreditpada hari Kamis tanggal 1 Agustus 2013dan nasabah (debitur) yang tidak bisanamanya disebutkan melainkan karenarahasia yang telah ditentukan oleh pihakbank, Kebijaksanaan yang ditempuh olehBank Nagari Cabang Utama Padang untukmenyelesaikan atau pun menagih kreditbermasalah yaitu dengan penyelesaiansendiri oleh Bank Nagari Cabang Utamayang dilaksanakan beberapa tahap, yaitu:1) Tahap PertamaPada tahap ini Bank melakukanpendekatan dengan persuasif, yaitu:12a) Surat Peringatan BankSurat peringatan ini jugadilakukan beberapa tahapyaitu: surat peringatan I, II,III. Dengan surat peringatanini diharapkan debiturmaupun perusahaan yangmenerima kredit dari bankdapat menyelesaiakankreditnya dengan itikadbaik. Disamping itu suratperingatan juga mempunyaifungsi sebagai bukti bahwaBank tidak bertindaksewenang-wenang apabilakredit terpaksa harusdiselesaikan, melalui caragugatan perdata atautindakan hukum lainnya.b) TeguranBank melakukan teguran,baik secara lisan (melaluitelepon atau teguranlangsung) maupuntertulis.Teguran dilakukandengan maksud agar debitursendiri maupun pihak ketigasecara sukarela melakukanpelunasan kredit debiturtersebut yang telah jatuhtempo ataupun membayarsebesar tunggakan angsurankreditnya. Apabila kreditdilunasi maka berkhirlahhubungan hukum antaraBank dengan pihak debitur.Pelunasan angsurandilakukan oleh debitursendiri atau pihak ketigasecara sukarela, tanpaeksekusi paksa penjualanbarang jaminan.c) Menjual sendiri barangjaminanBagi debitur yang mendapatfasilitas kredit diatas Rp.25.000.000,- (dua puluhlima juta), maka debiturwajib memberikan jaminantambahan. Jaminan tersebutdapat berupa mesin ataukendaraan bergerak lainnya.Jika kreditnya bermasalahatau macet, maka usahapenjualan barang jaminandapat dilakukan ataskemauan debitur sendiri.Hasil penjualan barangjaminan tersebut digunakanuntuk melunasi seluruhkreditnya. Disini Bank tetapharus berhati-hati dalammengawasi bagian jaminanyang dijual. Setoran hasilpenjualan kepada Bankharus proporsional dengan13nilai jaminan yang ditarikatau dijual.2) Tahap keduaBila usaha tahap diatas tidakmembawa hasil karena kurangnyaperhatian atau tanggapan daridebitur, maka pada tahap kedua initindakan yang ditempuh adalahdengan jalan :a)Terhadap Jaminan FidusiaEksekusi terhadapjaminan fidusiaditempuh menurutprosedur yangberbeda, tergantungkepada bentuk aktaperjanjiannya,apakah dibuat dalambentuk akta dibawahtangan atau dalambentuk notaris.b) Terhadap Hak TanggunganApabila kreditmenjadi macet makabarang jaminan yangtelah dibebanidengan HakTanggungan dapatdimohonkan olehBank kepada KetuaPengadilan Negerisetempat untukdilakukan lelangeksekusi HakTanggungan gunamengambilpelunasan hutangdebitur yangbersangkutan darihasil penjualanbarang yangdimaksud.Dalam hasil wawancara denganBapak Busnel Watson selaku PemimpinBagian Administrasi Kredit Cabang UtamaPadang pada tanggal 1 Agustus 2013Objek jaminan fidusia yang pernahdieksekusi pada Bank Nagari CabangUtama Padang adalah mesin AsphaltMixing Plant dan Stone Crusher Dalamprakteknya, pelaksanaan eksekusi atasbarang jaminan fidusia pada Bank NagariCabang Utama Padang tidak dilakukansecara langsung. Maksudnya bahwasebelum melakukan eksekusi maka pihakbank terlebih dahulu dapat memberikansurat teguran kepada debitur.KesimpulanSetelah dilakukan penelitian lapangan danpengolahan data yang terkait denganpermasalahan yang dibahas dalam skripsiini, maka dapat diambil kesimpulansebagai berikut :141) Bahwa pelaksanaan pemberiankredit dengan jaminan fidusiadalam prakteknya pada BankNagari Cabang Utama Padang padaumumnya tidak didaftarkan, hanyadilakukan dengan pengikatan aktanotaris saja ini disebabkan karenadapat menghemat biaya bagidebitur. Dari hasil yang diperolehpelaksanaan pemberian kreditdengan jaminan fidusia tidakmengalami peningkatan, dalamproses pemberian kredit denganjaminan fidusia, harus melaluibeberapa tahap :a) Tahap permohonan kredit.b) Tahap penilaian danpemeriksaan.c) Tahap analisis kredit.d) Tahap keputusan kredit.e) Tahap pemberitahuan.f) Tahap pencairan kredit.g) Tahap pengawasan /Monitoring.h) Tahap pelaksanaan danadministrasi kredit.i) Tahap pengikatan denganjaminan fidusia.2) Bahwa di dalam pelaksanaanpemberian kredit dengan jaminanfidusia, Bank Nagari CabangUtama Padang mengalami beberapakendala antara lain:a) Mengalami kesulitan dalammemonitor keberadaanbarang yang dijaminkan.b) Mengalami penguranganjumlah jual.c) Terdapat adanyapenyelesaian kredit macet,bentuknya antara lain:1) Masalahpembayaran pokok,debitur tidakmelakukankewjibannya dalammembayar angsuran.2) Debitur tidakmelakukankewajibannya dalampembayaran bunga.3) Debitur menjualobjek jaminanfidusia tanpasepengetahuan bank.Terhadap debitur yang wanprestasiini maka pihak bank akan memberikansurat teguran kepada debitur. Surat tegurantersebut terdiri dari surat tunggakanangsuran pokok dan tuggakan angsuranbunga yang apabila tidak diindahkan makaakan berlanjut kepada surat peringatanpertama, kedua, dan ketiga. Jika debiturmasih melailaikan kewajibannya, makabank memberikan surat pemutusan15hubungan kredit yang akan berlanjutkepada eksekusi atas barang jaminan.3) Bahwa Penyelesaian Kredit Macetpada Bank Nagari Cabang UtamaPadang tidak dilakukan secaralangsung. Maksudnya adalah pihakbank harus memberikan terlebihdahulu surat teguran kepadadebitur. Apabila debitur tidakmengindahkan surat tegurantersebut, maka bank dapatmengajukan penyerahan berkas keKantor Pelayanan KekayaanNegara dan Lelang (KPKLN) untukmelakukan pelelangan.Ucapan Terima KasihPenulis mengucapkan terima kasih kepadaIbu Elyana Novira, S.H., M.H, selakuPembimbing I dan Ibu Yoviza Media,S.H., M.H, selaku Pembimbing II danpihak-pihak yang terkait lainnya yaitu:1. Ibu Dwi Astuti Palupi, S.H., M.H,selaku Dekan Fakultas HukumUniversitas Bung Hatta.2. Ibu Nurbeti, S.H., M.H, selakuWakil Dekan Fakultas HukumUniversitas Bung Hatta.3. Bapak Adri, S.H., M.H, selakuKetua Bagian Hukum KeperdataanFakultas Hukum Universitas BungHatta.4. Bapak dan Ibu Dosen FakultasHukum Universitas Bung Hattayang telah memberikan ilmu danpengetahuan yang sangat berhargadan bermanfaat bagi penulis.5. Kepala Tata Usaha beserta seluruhKaryawan/ti Fakultas HukumUniversitas Bung Hatta.6. Kedua OrangTua ku dan Saudaraku, yang selalu memberikansemangat dan bantuan terutamadoa, serta senantiasa telahmemberikan dorongannya selamaini.7. Keluarga besar Bank NagariCabang Utama Padang besertakaryawan, Bapak Ramlis selaku(Wakil Pemimpin Cabang BidangPrekreditan), Bapak Busnel Watsonselaku (Administrasi Kredit) sertaTante Roma yang ikutberpartisipasi yang telah16memberikan masukan dalampenulisan skripsi ini.8. Bagian Administrasi Badan danKesatuan Bangsa Politik Padang(Kesbangpol), yang telahmembantu penulis dalam urusanadministrasi untuk kelancarandalam menyelesaikan skripsi ini.Daftar PustakaBambang Sunggono, 1996, MetodePenelitianHukum,PT.RajaGrafindo Persada,Jakarta.GunawanWidjaja dan Ahmad Yani,2000, JaminanFidusia, PT RajaGrafindo Persada,Jakarta.Handri Raharjo, 2010, Cara PintarMemilih danMengajukan Kredit,Pustaka Yustisia,Yogyakarta.Kasmir, 2008, Bank dan LembagaKeuangan Lainnya,PT. RajaGrafindoPersada,Jakarta.Kashadi, 2000, Hukum Jaminan,Fakultas UniversitasDiponegoro,Semarang.M. Bahsan, 2007, Hukum Jaminandan Jaminan KreditPerbankan, PT.RajaGrafindo Persada,Jakarta.Marhainis Abdul Hay, 1979,Hukum PerbankanDi Indonesia,Pradnya Paramita,Jakarta.Sutamo, 2003, Aspek-Aspek HukumPerkreditan padaBank, Alfabeta,Bandung.Salim, 2004, PerkembanganHukum Jaminan diIndonesia, :PT. RajaGrafindo Persada,Jakarta.Soerjono Soekanto, 2006,PengantarPenelitian Hukum,UI Press, Jakarta.Silvia, 2007, PelaksanaanPerjanjian KreditModal KerjaDengan JaminanFidusia Pada PT.Bank PerkreditanRakyat Bhakti DayaEkonomi Di SlemanYogyakarta, FHUndip, Semarang.Sri Hartini, 2008, PelaksanaanPerjanjian KreditDengan JaminanFidusia Di KantorPusat PT. BankBukopin TbkJakarta, FH Undip,Semarang.Tan Kamelo, 2006, HukumJaminan Fidusia,PT. ALUMNI,Bandung.17Thomas Suyatno, 2003, Dasar-Dasar Perkreditan,Gramedia, Jakarta.Tim Penyusun Revisi BukuPedoman, 2008,Buku PedomanPenulisan UsulanPenelitian DanSkripsi, Edisi Revisi,Fakultas HukumUniversitas Andalas,Padang.Vicka Anggraeni, 2012, AnalisisPerkembanganLikuiditas DanProfitabilitas PadaBank NagariSumatera Barat, FESTIE DharmaAndalas, Padang.Kitab Undang- Undang HukumPerdata.Undang- Undang Nomor 10 Tahun1998 tentang Perubahan atas Undang-Undang Nomor 7 Tahun 1992 tentangPerbankan.Undang- Undang Nomor 42 Tahun1999 Tentang Jaminan Fidusia.Undang-Undang Nomor 13 Tahun1962 Tentang Ketentuan-Ketentuan PokokBank Pembangunan Daerah.Undang-Undang Nomor 32 Tahun2004 Tentang Ketentuan-Ketentuan PokokPemerintah Di Daerah.Peraturan Bank Indonesia Nomor2/27/PBI/2000 Tanggal 15 Desember 2000Tentang Bank Umum.Peraturan Daerah Propinsi DaerahTingkat I Propinsi Sumatera Barat Nomor2 Tahun 1996 Tentang Bank PembangunanDaerah Sumatera Barat.Surat Keputusan Direksi BankIndonesia Nomor 23/60/KEP/DIR/Tanggal 7 Januari 1991 Tentang BankPembangunan Daerah Sumatera Barat.Keputusan Direksi BankPembangunan Daerah Sumatera BaratNomor SK/384/DIR/11-2000 Tanggal 1November 2000 Tentang PelaksanaanKeputusan Dewan Pengawas TentangStruktur Organisasi Bank PembangunanDaerah Sumatera Barat.
Studies of youth subcultures have been carried out for decades from various theoretical perspectives (including functionalism, social ecology, neo‐Marxism, deviance and labeling, cultural studies, sports and leisure studies) as well as from various methodological standpoints (e.g., deductive and inductive approaches, insider and outsider perspectives, ethnographic, historical comparative, and semiotics). The sociological study of youth subcultures thus offers a wide range of opportunities to bring together an interesting topic for young people and theoretical or methodological pedagogies.Suggested booksThe significance of youth‐subcultural studies is evident in the plethora of current books on the topic. Here, I provide a brief summary of some recent books, as well as a few classics that should not be overlooked.Cohen, Stanley 2002 [1972]. Folk Devils and Moral Panics (3rd edn). London, UK: Routledge.This study of the infamous mods and rockers clashes in Britain in the mid‐1960s focuses attention on the media's role in construction youth subcultures as deviant social phenomena. Its significance lies not only in its analysis of how the British media created a moral panic by stereotyping, exaggerating, and mishandling representations of youth, but also in its more general insight into the social construction of social categories such as 'youth', 'subculture', and 'deviance'. Readers of the third edition will benefit from Cohen's introductions to the second and third editions (both printed in the third edition), which give an updated analysis of the two concepts he originally proposed in his title (i.e., folk devil and moral panic).Gelder, Ken (ed.) 2005. The Subcultures Reader (2nd edn). London, UK: Routledge.This book represents the single most comprehensive collection of original research in youth‐subcultural studies. The edited volume has 48 chapters divided into 8 thematic sections, each with its own introductory chapter (in addition to the 48), and covers a broad range of theoretical and empirical research.Greenberg, Arielle (ed.) 2007. Youth Subcultures: Exploring Underground America. New York, NY: Pearson Longman.Unlike some books on youth cultures or subcultures that develop theory at the expense of readability and engagement, Greenberg's edited volume is very friendly to less experienced social science readers. The contributed chapters are written both by professional scholars and undergraduate students. Greenberg has sought to avoid jargon‐ and reference‐laden research and succeeded in developing a book that undergraduates, especially those who are not taking an entire course on youth subcultures, will find most useful.Haenfler, Ross 2006. Straight Edge: Hardcore Punk, Clean‐Living Youth, and Social Change. New Brunswick, NJ: Rutgers University Press.In recent years, there have been several thorough ethnographic studies of youth subcultures. Along with Paul Hodkinson's study of goths and Lauraine Leblanc's study of female punks, Haenfler's book offers keen sociological insight into the contemporary culture of straight edge. His book frames the subculture in terms of its nonmaterial culture, its status as an agent of social change, and its masculine and feminine dimensions. It is well written and serves as a tool for engaging students on notions of gender and social change, especially.Hall, Stuart and Tony Jefferson (eds) 1998 [1975]. Resistance through Rituals: Youth Subcultures in Post‐War Britain. London, UK: Routledge.This is the classic edited text from the Center for Contemporary Cultural Studies (CCCS) at the University of Birmingham, UK, which established youth‐subcultural studies as a subdiscipline of both cultural studies and sociology. The editors offer a significant theoretical expose on the links between critical theory and youth subcultures. The subsequent empirical and theoretical chapters further express their collective stance, which although it has come under serious criticism over the years, is still a must‐read for students of youth subcultures. Most of work relates directly to British youth subcultures of the 1950s to the 1970s and, therefore, may seem quite foreign to younger American readers. Teachers relying on this book may need to do some homework of their own to get up to speed on the substantive issues covered.Hebdige, Dick 1979. Subculture: The Meaning of Style. London, UK: Routledge.This book is considered by many scholars to be the quintessence of British subcultural studies. Hebdige takes a rather nonsociological view of subcultures in the book, emphasizing a humanist semiotic approach instead. Many scholars have criticized the book as unnecessarily dense and devoid of the voices of subcultural participants, yet the author's insights into the cultural significance of style still make it a very significant text.Hodkinson, Paul and Wolfgang Deicke (eds) 2007. Youth Cultures: Scenes, Subcultures, and Tribes. London, UK: Routledge.This edited collection is based on a 2003 conference in which youth culture scholars discussed the relative utility of the subculture concept in the face of pressure from competing concepts such as scenes and neotribes. The book consists of a rather eclectic set of chapters that tackle both theoretical and substantive issues. While its weakness is perhaps its lack of coherence, this is balanced by its wide coverage of contemporary issues, including gender, race/ethnicity, commodification, and new media.Huq, Rupa 2006. Beyond Subculture: Pop, Youth and Identity in a Postcolonial World. London, UK: Routledge.Focusing on music cultures at the turn of the millennium, Hug offers a solid synthetic analysis of subcultural studies in the UK during the latter half of the twentieth century. She then moves through a series of case studies on various music genres – including bhangra, rave/club, hip‐hop/rap, and grunge – as she attempts to articulate how the cultures that consume such music have moved beyond the 'subculture' label.Leblanc, Lauraine 2001. Pretty in Punk: Girls' Gender Resistance in a Boys' Subculture. New Brunswick, NJ: Rutgers University Press.While many books look at core cultural dimensions of particular youth subcultures, Leblanc dedicates her book to young women's participation. Focusing on punk, she investigates the historical structures of the subculture that result in the marginalization of women, how female participants construct the significance of punk in their lives, and how they deal with males both within and outside subcultural contexts.Muggleton, David 2000. Inside Subculture: The Postmodern Meaning of Style. Oxford, UK: Berg.Playing off the name of Dick Hebdige's famous book, this monograph offers a very different reading of youth‐subcultural participation than classic CCCS texts. Muggleton takes an empirical rather than semiotic approach, using interviews and fieldnotes from his study of young people in Britain who dress in alternative fashions. His work offers new insights into the relations between youth culture, fashion, and identity.Muggleton, David and Rupert Weinzierl 2003. The Post‐Subcultures Reader. Oxford, UK: Berg.This edited volume focuses on recent work by scholars working, for the most part, from a postmodern perspective. Rather than seeing subcultures as class‐based, ideologically pinned or static, the authors collectively explore the more fluid and negotiated terrain upon with contemporary Western youths live. The book would be best used for a graduate course, as much of the writing is relatively sophisticated.Thornton, Sarah 1996. Club Cultures: Music, Media and Subcultural Capital. Middletown, CT: Wesleyan.Starting with Pierre Bourdieu's theory of cultural capital, Thornton moves into the world of rave/club culture to study how subcultural participants articulate their own form of status, power, and identity. Another significant dimension of the book is her articulation of the role various media (from mass to micro to niche) play in subcultural worlds.Films and videosAs discussed by Leblanc (1998), films provide opportunities for students to practice casting a sociological eye on the world around them. While Leblanc's focus was on teaching ethnography, her substantive interests in youth and youth subcultures provide a useful discussion for teachers interested in teaching a course on youth subcultures. Over the years, I have used many films and videos, both in whole and part, either to emphasize a particular sociological concept, to provide documentary evidence of particular subcultural styles, practices, and worldviews, or to facilitate relatively safe student engagement with a topic that many of them might shy away from in a face‐to‐face context. In the following list, I will make reference to particular parts of my syllabus (further below) where the film/video might be most useful.Between Resistance and CommunityThis is an independently made documentary film by Joe Caroll and Ben Holtman (2002) about the Long Island, New York DIY (do‐it‐yourself) hardcore scene. The documentary provides an in‐depth look at the scene through the eyes of its members. It is full of raw footage of hardcore music shows and interviews with scene participants and offers a coherent standpoint analysis of the concepts of resistance and community (thus living up to its title). I typically use parts of the film in connection with the concept of resistance, as well as societal responses/reaction and identity/authenticity.Merchants of CoolFrontline's documentary of the relationship between cultural production and consumption emphasizes not only mainstream fashion, but specifically how cultural industries take advantage of young people that live on the cutting edge of style through basic marketing tools. The video is available online (http://www.pbs.org/wgbh/pages/frontline/shows/cool/view/) and is broken down into six parts. I sometime show parts 1–3 and 6 during a single class in order to have time for discussion. The video is relevant to discussions of style, consumption/culture industries, authenticity, and media.Paradise Lost: The Child Murders at Robin Hood HillsThis is a lengthy documentary film about the so‐called West Memphis Three: three young men who were convicted of torturing and murdering three boys in West Memphis, Arkansas, in 1993. The case surrounding the murders and trials remains highly contested, and to this day there are serious doubts by many as to the guilt of the accused. As the documentary shows, the West Memphis Three were heavy metal fans, one of whom dabbled in the Wiccan religion. While the film is too long for most classes, I used two sections of the film to highlight (i) the 'dominant' Christian culture of West Memphis and (ii) the attempts by prosecutors to create a strong tie between the defendants' appearance and style on one hand and Satanism on the other. The film offers students insight into the harsh reality of labeling, moral panic, and societal response (there is also a follow‐up documentary entitled Paradise Lost 2: Revelations).QuadropheniaA film produced during the 1970s by the British rock band The Who, Quadrophenia looks back at the mod and rocker subcultures of the mid‐1960s through the eyes of a mod. The film is best viewed in Section 2 of my course syllabus, while students are reading about the Birmingham tradition (in the USA especially, since many students have never heard of mods and rockers). Mods are cited repeatedly in the CCCS literature; thus, the film gives students something more tangible to engage. The film is particularly good and facilitating student engagement with certain subcultural concepts learned in Sections 1 and 2, including frame of reference, strain, homology, bricolage, and 'magical' solutions.The SourceThis documentary looks at the Beat culture. I use sections of the film to highlight the dominant American culture of the 1950s and how individuals who felt marginalized or otherwise nonnormative moved to big cities in search of other people who were similar. The film works well with a discussion of Albert Cohen's theory of subcultural strain.The WarriorsHaving attended a formal gathering of all the gangs in New York, a local gang called the Warriors are wrongly accused of assassinating a would‐be gang lord and are forced to fight their way back home to Coney Island. The film is full of stereotypical images of subcultural style and deviant behavior. This film fits in well with a review of the Chicago School, in particular a deviance or criminological approach to youth subcultures. The film offers insight into class, gender, strain, and the urban environment.Other film titles and the subcultures to which they relate include:
A Clockwork Orange – abstract representation of subcultural deviance Afro Punk – punk subculture and race American Hardcore – punk and hardcore music subculture Another State of Mind – early hardcore punk scene, highlights music Boyz in the Hood –marginalized black culture that produced hip‐hop and rap music Dogtown and Z‐Boys – skateboarding Dreadheads: Portrait of a Subculture – new age travelers, deadheads Heavy: The Story of Metal – heavy metal Metal: A Headbanger's Journey – extreme metal culture, including death metal and black metal Punk: The Early Years – history of punk Red Light Go – Bike messengers Romper Stomper– racist skinheads Sid and Nancy– punk, focusing on The Sex Pistols SLC Punk– punk Surburbia– interesting mix of disaffected youth, mainly punk with skinheads and goths as well This is England– looks at the intersection of racist and non‐racist skinhead culture in the UK
http://www.youtube.com contains a vast collection of subculture‐related material. I troll the site every few months looking for new resources to use in the classroom.Sample syllabus outlineCourse descriptionYouth as a social phenomenon arose largely as a cultural derivative of the industrial revolution in Europe and the USA and is now global. In the twentieth century particularly, youth became an object of sociological, cultural, and psychological analyses. The concept of 'subculture' has been used with various degrees of success to analyze youths' individual and collective behaviors. This course surveys some of the many strands of youth‐subcultural theory during the twentieth century. It begins with early sociological work from the University of Chicago, followed by an overview of the cultural studies approach from the University of Birmingham, UK. It then moves on to examples of contemporary subcultural theory and research, focusing on a number of discrete sociological concepts and youth‐subcultural groups.Purpose and objectivesThe purpose of the course is to try and arrive at some consensus as to the worth of 'subculture' as an analytic concept as well as the various concepts that drive subcultural studies. The objectives of the course are: to familiarize students with various strands of subcultural theory in sociology and cultural studies; to review a variety of historical and contemporary youth subcultures as well as the concepts and methods used to study them; and to improve students' understanding of how and why youth subcultures emerge, exist, and change.1 Section 1: Introduction to youth‐subculture studiesHoward Becker 1986. Culture: A Sociological ViewSarah Thornton 1997. General Introduction to The Subcultures Reader, 1st edn.Ken Gelder 2005. Introduction: The Field of Subculture Studies* Section 2: American subculture studiesKen Gelder 2005. Introduction to Part One: The Chicago School and Urban Ethnography* Subculture as deviance Paul Cressey 1932. The Life‐Cycle of the Taxi‐Dancer* Subculture as strain Robert Merton 1938. Social Structure and AnomieAlbert Cohen 1955. A General Theory of Subcultures* The ethnographic study of subcultures Howard Becker 1963. The Culture of a Deviant Group*Ned Polsky 1967. Research Method, Morality, and Criminology*Paul Hodkinson 2005. 'Insider Research' in the Study of Youth Cultures Section 3: British subculture studiesKen Gelder, 2005. Introduction to Part Two: The Birmingham Tradition and Cultural Studies* Marxism and class Phil Cohen 1972. Subcultural Conflict and Working‐Class Community*John Clarke et al. 1975. Subcultures, Cultures and Class* The semiotic study of resistance Tony Jefferson 1975. Cultural Responses of the TedsDick Hebdige 1979. Subculture: The Meaning of Style* Section 4: Subsequent theoretical strands Criticisms and Revisions Gary Fine and Sherryl Kleinman 1979. Rethinking Subculture: An Interactionist AnalysisStanley Cohen 1980. Symbols of Trouble* New directions Andy Bennett 1999. Subcultures or Neo‐Tribes?Rupert Weinzierl and David Muggleton 2003. What Is Post‐Subculture Studies?David Hesmondhalgh 2005. Subcultures, Scenes or Tribes? None of the Above Section 5: Analytic topics Style Ken Gelder 2005. Introduction on Part Five: Style, Fashion, Signature*Dick Hebdige 1983. Posing ... Threats, Striking ... Poses*Jeffrey Kidder 2004. Style and Action: A Decoding of Bike Messenger Symbols Resistance Paul Willis 1977. Culture, Institution, Differentiation*Kathleen Lowney 1995. Teenage Satanism as Oppositional Youth SubcultureKristin Schilt 2003. I'll Resist You with Every Inch and Every Breath Space and media Ken Gelder 2005. Introduction to Part Four: Territories, Space, Otherness*Peter Marsh et al. 1978. Life on the Terraces*Iain Borden 2001. Performing the City* Societal responses and reaction Jill Rosenbaum and Lorraine Prinsky 1991. The Presumption of InfluenceClaire Wallace and Raimund Alt 2001. Youth Cultures under Authoritarian Regimes Identity and authenticity Kembrew McLeod 1999. Authenticity Within Hip‐Hop and Other Cultures Threatened with AssimilationJ. Patrick Williams 2006. Authentic Identity, Straightedge Subculture, Music and the InternetMurray Healy 1996. Real Men, Phallicism, and Fascism* Consumption and play Jock Young 1971. The Subterranean World of Play*J. Patrick Williams 2006. Consumption and Authenticity in the Collectible Strategy Games SubcultureSharon Kinsella 2000. Amateur Manga Subculture and the Otaku Incident*Assignments and projects1. Portfolio project: The portfolio project facilitates students' interaction with the theories and concepts being learned in the classroom.Over the course of the semester, you will be responsible for collecting and summarizing information about one subculture of your choice. I will expect you to analyze the information you collect in a sociological manner, but we will practice this throughout the semester so that you should continually improve your analytic skills. During the second week of the semester, I will divide the class into several groups and each group will choose a particular youth subculture to study (e.g. punk, riot grrrl, goth, hardcore, hip‐hop, skateboarding, graffiti, gaming). You will negotiate with other students to decide collectively what subculture you will study. Individually, you will be responsible for collecting and analyzing information about your topic as it pertains to theories and concepts being covered in class. To do this, you will first need to identify subcultural objects for analysis. These may include (i) a definition of the subculture you are studying, (ii) a song and/or music lyrics, (iii) a research article (historical, sociological, cultural, etc.), (iv) an Internet discussion forum, (v) an event at a local hangout, bar, or club, (vi) a zine, blog, or other publication, (vii) cartoon, album cover, or other art, (viii) journalistic account of a subcultural event, (viiii) a pop culture item (e.g. clip from television, magazine article), or (x) a video (e.g. YouTube) or documentary. Second, you will need to follow the course outline and use a specific theory or concept (e.g. hegemony, societal response, style, resistance, homology, identity, media, diffusion, class, gender) to analyze each item. By the end of the semester, your portfolio should consist of a minimum of 10 items that deal with your assigned subculture. Plan on collecting one item per week beginning in week 4. During week 3, I will show you some examples to get you started as well as bring in a completed portfolio from a previous student. You should not use the same type of subcultural object more than twice, nor should you use the same theory or concept more than twice. The purpose, as stated above, is to have you collect and analyze the information over time rather than collect everything in a mad rush during the last week. Every other week you will give a 2‐ to 3‐minute summary of your most recent portfolio entry.2. Group portfolio presentations: The group presentation requires that students combine many different portfolio entries together and develop a coherent, analytically informed presentation of a specific youth subculture.At the end of the semester, your group will give a 15‐ to 20‐minute multimedia presentation of whatever subculture you have been studying by combining the information collected in individual portfolios.3. Film assignment: The film assignment facilitates the development of the sociological imagination when consuming popular cultural treatments of youth subcultures. I reserve the university auditorium to give the students a fuller cinematic experience. Use the list of films and videos above and the course outline to decide what to show and when to show it. We will watch one film outside of class during the semester, entitled (name of film). In case you are unable to attend the film viewing, you may rent or buy the film from a number of different sources. Make plans as soon as possible to be available to watch the film. Watching it at home is your prerogative, but watching it with other students will enable you to participate in discussion afterward. After viewing the film, you will write a (x)‐page paper addressing specific questions that I will provide before the film begins (as one example, I often show Quadrophenia and ask that four specific questions be answered in their papers: (i) What aspects of the actors' lives are informed by CCCS theory? What aspects are informed by Chicago School theories? Link your answers to specific readings or citations when appropriate. (ii) How important is 'conspicuous consumption' for mods in the film? Be sure to give multiple examples of consumption as you answer the question. How does consumption relate to our discussion of style? (iii) In what way is the ending of the film 'magical', in the CCCS sense of the term? (iv) How do the concepts of hegemony, bricolage, or homology play out in the film? Pick one of them to discuss and use a detailed example). Note
1 In the sample outline below, I list only the readings I might assign to an upper‐level undergraduate course during one semester. See my main article in Sociology Compass 1(2) for a much more detailed discussion of articles and chapters that might be used in each section. An asterisk (*) marks readings from Ken Gelder's The Subcultures Reader (2nd edn), listed above.ReferenceLeblanc, Lauraine 1998. Teaching Sociology 26: 62–68.
Issue 19.1 of the Review for Religious, 1960. ; Review For Religious Volume 19 1960 Editorial O[[ice ST. h~ARY'S COLLEGE St. Marys, Kansas Publisher TIlE QUEEN'S WORK St. Louis, Missouri EDITOR R. F. Smith, S.J. ASSOCIATE EDITORS Augustine G. Ellard, S.J. Henry Willmering, S.J. ASSISTANT EDITORS John E. Becker, S.J. Robert F. Weiss, S.J. DEPARTMENTAL EDITORS Questions and Answen Joseph F. Gallen, S.J. Woodstock College Woodstock, Maryland Book Reviews Earl A. Weis, S.J. West Baden College West Baden Springs, Indiana Published in January, March, May, July, September, November on Ihe fifleenlh of Ihe monlh. REVIEW FOR RELIGIOUS is Indexed in Ihe CATHOLIC PERIODICAL INDEX. Act of "Dedication of the Human Race to Christ the King Sacred Apostolic Penitentiary IOn July 18, 1959 (Acta Apostolicae Sedis, 51 11959~, 595-96), the Sacred Apostolic Penitentiary issued a new text of the act of dedication of the human race to the Heart of Christ the King. The text has been revised according to the directives of John XXIII who has also accorded a number of indulgences to the revised prayer. The following is a translation of the new text of the prayer together with the indulgences granted for its recital.I SWEET JESUS, Redeemer of the human race, look do~vn upon us humbly kneeling before Your altar.~ We are Yours and Yours we wish to be; but in order to be still more firmly united to You, today each one of us freely dedicates himself to Your most Sacred Heart. There are many indeed who have never known You; many others have rejected Your commandments and have repudiated You. Be merciful to all of them, 0 kind Jesus, and draw them all to Your holy Heart. Be king, 0 Lord, not only of the faithful who have never abandoned You, but also of the prodigal children who have left You; bring them back quickly to their Father's house lest they die of misery and hunger. Be king of those who have been deceived by erroneous ideas or have been separated by discord; bring them back to the harbor of truth and to the unity of faith so that soon there may be a single fold and a single shepherd. Bestow upon Your Church, 0 Lord, security, liberty, and safety; give to all nations the tranquillity of order; and grant that from one pole of the earth to the other there may ring out the cry: Praise to the divine Heart which brought forth our salvation; to It be glory and honor forever. Amen. July 18, 1959 His Holiness, John XXIII, after abrogating the prayer as given in the Enchiridion Indulgentiarum [Manual of Indulgences], 1952, n. 271, graciously granted the following indulgences: 1) A partial indulgence of five years to the faithful who devoutly recite the above act of dedication with contrite heart. 2) A plenary in- 1When the prayer is recited outside a church or oratory, "in Your presence" should be said instead of "before Your altar." ACT OF DEDICATION dulgence once a month, if they have recited the prayer devoutly every day for a whole month, provided they go to confession, receive Communion, and make a visit to a church or a public oratory. 3) The faithful may gain a partial indulgence of seven years if on the Feast of Christ the King they are present in any church or oratory, even a semi-public one (in the case of those legitimately attending it), when the act of dedication tn the Sacred Heart of Jesus according to the formula given above and the Litanies of the Sacred Heart are recited before the Blessed Sacrament solemnly exposed; moreover, they may gain a plenary indulgence if, besides fulfilling the above conditions, they have gone to confession and Communion. All contrary provisions not withstanding. N. Card. CANALI, Major Penitentiary L. ~I, S. I. Rossi, Secretary Living /aters Frederick Power, $. J. pius XII in his encyclical Haurietis aquas on devotion to the Sacred Heart urges us to"-study diligently the teachings of Scripture, the fathers, and the theologians--the solid founda-tions on which devotion to the Sacred Heart of Jesus rests." For the Holy Father is "firmly convinced that we can rightly and fully appreciate the incomparable excellence and inexhaustible store of heavenly gifts of this devotion only when we study its nature in the light of divinely revealed truth." The encyclical itself begins with a text from Isaiah: "You shall draw waters with joy out of the Saviour's fountains" (Is 12:3). A few lines further on the Holy Father returns to the idea of the "Saviour's fountains" when he refers to the scene in the Temple at Jerusalem on the Feast of Tabernacles as recorded in John's Gospel, Chapter 7:37-39. The words of our Lord on this occasion are numbered among the principal te~ts which establish the biblical foundation of the devotion. A closer study of this text will be most rewarding and will reveal the appropriateness of the text as the general theme of the encyclical. When the Feast of Tabernacles was at hand, our Lord had declined to go to Jerusalem with His relatives but afterwards went up by Himself "not publicly but as it were privately." The Feast of Tabernacles was held towards the end of Sepo tember after the grain harvest and the vintage and the gathering of the autumn fruit crop. Originally an agricultural festival in-stituted to give thanks to God for the fruitfulness of the soil, it later included the commemoration of the forty years spent by the Hebrews in the desert. In memory of the latter event all Jews of free status except the sick, women, and children lived for the week in huts made from the leafy branches of trees. These huts reminded them of the tents or tabernacles pitched in the wilder-ness of Sinai, a period kept ever fresh in their minds as one in which God gave them the great gifts of the manna and of the water from the rock. The desert ever afterwards remained in Jewish tradition as the place of God's protective presence. Two elaborate ceremonies added to the gaiety of the feast: the procession to the fountain of Siloe and the torch-light illumi-nation of the Women's Court. It is the first of these ceremonies that is of interest for the present article. FREDERICK POWER Review for Religious Each morning the multitude organized into a procession. The people lined the route leading to thepool of Siloe and crowded into the Temple and the surrounding courtyards and porches. Then a procession of priests and Levites descended the valley as far as the pool of Si|oe. Those assisting at the ceremony held a citron fruit in the left hand and in the right a palm branch twined with shoots of myrtle and green willow. The Levites chanted the group of festive psalms called the great Hallel; and the multitude, keep-ing time with the refrain, vigorously waved the fruit and palm branch in token of joyfulness and triumph. The officiating priest carried a golden ewer, and at the pool of Siloe he filled it with water to carry back to the altar of holo-causts. This liturgical act was both a commemorative symbol and a dramatized hope. It recalled the miraculous water that gushed forth from the rock of Horeb beneath the rod of Moses, and it was a figure of the outpouring of graces proper to Messianic times. As the celebrant drew the water of Siloe, the choir repeated the verse of Isaiah: "You shall draw water with joy out of the Saviour's fountains" [12:3), a verse which refers to the blessings promised for the days of the Messiah. This symbol of a spring bursting forth and of water flowing from a fountain was well known to those present, for it is one of the most frequent in the Bible; and in a land afflicted by drought and water scarcity, it was a readily understood symbol of divine blessings. Accordingly, the miraculous event in the desert, when Moses struck the rock with his rod and water gushed forth, was remembered with gratitude in the people's liturgical ceremonies. Moses himself had prayed before the Ark of the Covenant: "O Lord God, hear the cry of this people and open to them thy treasures, a fountain of living water, that being satisfied they may cease to murmur" (Num 20:6). In this text and elsewhere in Scripture "living water" is water flowing from a spring as opposed to the stagnant water of cisterns. It was this symbol of living waters that the prophets used to signify divine blessings. Jeremiah even calls God the fountain of living waters: "For my people have done two evils. They have forsaken me, the fountain of living waters, and have digged to themselves cisterns, broken cisterns that can hold no water" (Jer 2:13). In the last part of the book of Ezekiel, the prophet describes the vision of the holy waters issuing from all sides of the Temple. The desert through which they flow becomes extremely fertile; the trees on their banks have healing power and bear fresh fruit January, 1960 LIVING WATERS monthly. Such is the virtue and dynamism of Yahweh's holy presence in the Temple that it radiates0grace and blessings over the land. Zechariah, too., in speakingof the time of the Messiah, remarks: "In that day there shall be a fountain open to the house of David and to the inhabitants of Jerusalem" (Zech 13:1). The prophets, then, looked on water poured out upon parched land as an image of the new spirit that was to be characteristic of the time of salvation. In .the words of Isaiah: "I will pour out waters upon the thirsty ground, and streams upon the dry land; I will pour out my spirit upon thy seed, and blessing upon thy stock" (Is 44:3). In these texts we see some examples of how the blessings of God and the future blessings of the Messianic era are portrayed under the symbol of living waters, and the passages provide some introduction to the scene in Jerusalem on the last day of the Feast of Tabernacles. After the drawing of the water the procession wended its way up the slope from the pool of Siloe, the officiating priest carry-ing the golden pitcher of water, the Levites chanting psalms, and the crowd singing the refrain. As the procession approached the temple, the people became more enthusiastic, shouting out their response of Hallelu-Yah--Praise Yahweh--with ever greater vehe-mence. It wasin this way that they manifested their deep-felt conviction that Yahweh was their own God who had brought them out of the land of Egypt and had led them safely through the desert. The procession went up to the altar of holocausts just at the moment when the parts of the victim immolated that day were being placed upon it. The priest was greeted by the sacred trumpets and was met at the altar by another priest carrying the wine for the libations. While the people continued their enthusiastic shout-ing, the two pitchers were emptied into conduits that led to the foot of the altar. By this libation it was intended to thank God for the two occasions when He made water flow from a rock to satisfy the thirst of His people in the wilderness. By the same rite the attention of the people was directed to the Messianic promise of living waters and also to the expectation of the fulfillment of the promise which was symbolically signified. For the people were expecting a Messiah who would bring salvation and who was to be another Moses. When the liturgical rite was finished and the singing ended, a silence descended over the throng. Our Lord, who had been 7 FREDERICK POWER Rewew for Rehgmus present among the crowd, now took advantage of this opportunity to reveal His true mission. Mounting a step he cried out to the Jewish people: "If anyone thirst, let him come to me and drink; he who believes in me, as the Scripture says, 'From his heart there shall flow rivers of living water.' " By these words He revealed Himself as the one in whom all the abundant graces of the Messianic period are to be found, the object of the Messianic expectation, the Messiah himself. He is the rock from which the water of life flows; indeed, He is the fountain itself. He is the spring from which anyone who thirsts may quench his thirst. The effect of faith in Him would be the reception and communication of living water. This text requires the explanation of two important points. First, the text as a whole has been interpreted in two ways: that the fountain of living water flows from the one who believes in Christ, or that the fountain flows from Christ, the one in whom we believe. The Holy Father understands the text in the second way in his encyclical; this use, without doubt, holds the richest and profoundest sense, one more in agreement with the Old Testament prophecies given above. It is also more in agreement with the theology of St. John. Secondly, an explanation must be given for the use of the word heart in the text. The Latin edition of the encyclical follows the Vulgate version of the text, the literal translation of which would be: "Out of his belly shall flow rivers of living water." The Latin phrase used is de ventre eius, which literally means "out of his belly." This translation would also be a literal trans-lation of the Greek and Aramaic versions of the text. The trans-lation, however, would not be a correct interpretation of the idea intended. Those who are experts in the Aramaic language agree that for the Hebrews the viscera or the belly was regarded as the seat of the emotions in the same way as we regard the heart. Accordingly a proper translation of the phrase used by our Lord would be "from his heart." Such a translation, though not a literal one, is the proper way to express the idea in terms we understand today. It is what our Lord meant, though He expressed it in the idiom of His own day. It is with this understanding that authorities place this text among the fundamental texts of Scrip-ture regarding devotion to the Sacred Heart. On this occasion of our Lord's revelation of His Sacred Heart, He appeals to Scripture as being fulfilled in His person. He does not refer to one particular text but rather to that whole class of January, 1960 LIVING WATER~ texts from the Old Testament which we considered earlier. The people who heard these ~o.~s could take only one meaning: The man before them was definitely claiming the fulfillment of these prophecies in Himself; He was claiming it and at the same time promising untold blessings to those who would recognize this claim. Certainly St. John is impressed by the words, for he pauses to comment upon them. He tells us that they were prophetic and that they were fulfilled in the final glory of our Lord whicb, for ~John, is our Lord's passion, death, and subsequent transfiguration: "He said this, however, of the Spirit whom they who believed in~ Him were to receive; for the Spirit had not yet been given, seeing that Jesus had not yet been glorified" (Jn 7:39). The Spirit here means the Holy Spirit and includes the abundance of Mes-sianic goods and the gifts of redemption which the Holy Spirit brings to those who believe in Christ. But before the living water would flow, Christ had to be glorified; this was a condition that had yet to be fulfilled. That our Lord's glory was concerned with His passion is seen in His priestly prayer after the Last Supper: "Father, the hour has come! Glorify thy Son, that thy Son may glorify thee, even as thou has given him power over all flesh, in order that to all ,that thou hast given him he may give everlasting life" (Jn 17:2). By sacrificing Himself the Redeemer would cause the Spirit to flow and to open up the "fountain of living water." And this would happen when at the death of the Messiah His Heart would be pierced ~with a lance. The life-giving power of the living waters would find its source in the Blood of Christ as it gushed forth from the wounded Heart of Christ. It is, however, necessary to make here some distinctions between the piercing of Christ's side and the pouring forth of the Holy Spirit. The piercing is not of the same nature as the visible mission of the Holy Spirit on Pentecost. Nevertheless there is an ancient tradition, attested to among others by St. Augustine, that the Church was born from the pierced side of Christ. As Eve was taken from the side of the sleeping Adam, so also the Spouse of Christ, the Church, sprang from the pierced side of the dead Christ, the new Adam in His sleep of death being the source of the new Eve, the Church. And this Church is the Mystical Body of Christ whose soul is the Holy Spirit. FREDERICK POWER Review for Religious That the living waters promised to those who believe in Christ spring from the pierced side of the dead Saviour is also attested to by the common interpretation that for John the water and blood are signs of the sacraments of Baptism and the Holy Eucharist. In his encyclical Plus XII puts it this way: "From this wounded Heart the grace of the sacraments, from which the children of the Church draw supernatural life, flowed most pro-fusely . " And the Holy Spirit is included in the sacrament of Baptism, for the new birth to be effected by Baptism is brought about by "water and the Spirit" as our Lord told Nic~demus. So it is that the prediction of John in Chapter 7 concerning the flowing rivers to come after Christ's glorification was fulfilled when on the cross a soldier "opened his side with a lance, and immediately there came out blood and water" (Jn 19:34). The streams of blood and water are certain signs that now have been fulfilled the Scriptural prophecies of Messianic grace. Now the living water has begun to flow; now the Spirit is given, but only in blood; grace is given but only from the pierced Heart on the cross. Unless the spiritual rock that is Christ had been struck, the waters would nol~ have ~ome forth. And John in his Gospel insists that this incident of the soldier declining to break our Lord's legs and instead opening His side was a momentous event. He emphasizes his own role as an eye-witness of the event: "And he who saw it has borne witness, and his witness is true: and he knows that he tells the truth, that you also may believe" (Jn 19:35). And he puts further emphasis on the event by telling us that by it two prophecies were fulfilled: "Not a bone of him shall you break," and "They shall look upon. him whom they have pierced." The first of these prophecies speaks of the paschal lamb. Now in the concluding events of the passion of Christ it is fully revealed that Christ is the true Lamb of God; accordingly none of His bones were broken. This symbol of the Lamb recalls the mag-nificent theology of the Apocalypse concerning the "Lamb who was slain" (Apoc 5:12). In the Lamb we see the Old Testament prophecies of the Messiah who suffers 'and is glorified in His sufferings: "The Lamb . . . is the Lord of Lords and the King of Kings" (Apoc 17:14). The redeemed are the "bride, the spouse of the Lamb" (Apoc 21:9). In the blood of this Lamb the faithful are able to be cleansed--to be filled with the living waters of the Spirit. And from the fact that the rivers flow forth from the 10 January, 1960 LIVING WATERS wounded Heart of the Lamb, we are led to those passages in the Apocalypse which depict the fulfillment of the prophecies of Isaiah and Ezekiel: "For the Lamb who is in the midst of the throne will shepherd them, and will guide them to the fountains of the waters of life, and God will wipe away every tear from their eyes" (Apoc 7:17); ". he showed me a river of the water of life, clear as crystal, coming forth from the throne of God and of the Lamb" (Apoc 22:1). Thus the act of redemption is enshrined, as it were, in a celestial garden and the redeemed are forever made joyous at the Saviour's fountains. The second prophecy, which is concerned with the piercing of our Lord's side, is from Zechariah: "And I will pour out upon the house of David and upon Jerusalem the spirit of grace and of prayers: and they shall look upon me whom they have pierced and they shall mourn for him as one mourneth for an only son" (Zech 12:10). In this passage God speaks about Himself. As man, He will be the first-born, one for whom they mourn and weep and at whom they gaze although they have pierced Him. God Himself in His human nature brings about the redemption and is the one who gives the living water of the Spirit. He pours forth the Spirit at the moment when the lance opens His Heart. At that moment the Spirit begins to flow and the Messianic work will be prolonged to the end of time when Jesus will come again in glory. In the words of the Apocalypse: "Behold, he comes with the clouds, and every eye shall see him, and they also who pierced him" (Apoc 1:7). Our Lord, then, standing above the throng gathered for the Feast of the Tabernacles, revealed Himself as the long awaited Messiah, the rock of salvation, the fountainhead of all the bless-ings of the Messianic times. For the most part, He was not ac-cepted. A few believed in Him, so John tells us, but only a few. For He is the "stone which the builders rejected." But He is also the rock which will be struck anew for the salvation of the newly chosen people. He will give of His sub-stance to give birth to the new people that He will acquire for Himself. From His pierced side will spring the fountain of eternal life, the rivers of living waters, the Spirit of love, the Church, the new Jerusalem, Baptism and the other sacraments, all the graces of the "last days." The Litany of the Sacred Heart sums it all up in the invocation: "Heart of Jesus, fountain of life and holiness." 11 A Catechism on Obedience of Judgment Paul W. O'Brien, S. J. QWhat are the necessary presuppositions for every act of obedience? A. That the superior has authority and that what he commands is not certainly sinful. Q. Could the superior sin while commanding something not sinful? A. Yes, through sinful motives, for example, envy, injustice, or serious imprudence. Q. What is the formal motive of obedience? A. Authority. Q. Is obedience an act of the will or intellect? A. Obedience of the will is an act of the will; obedience of judgment is formally an act of the intellect, but like faith, is commanded by the will. Q. What is obedience of judgment? A. The conforming of my judgment to the judgment of the superior-because he has authority. Q. To what judgment do I conform? A. Not necessarily to his theoretical (speculative)judgment, that is, something to believe, but to his practical judgment, that is, something to do. The Abbot John did not have to believe that the dry stick would grow into a tree; he had only to believe that God wanted him to water it (for His own mysterious reasons). Q. How would you express this practical judgment? A. Given the order of the superior, I must judge that this is what God wants done (that is, God sanctions with His authority the perhaps mistaken decision of my superior) and that it is best according to the ultimate mysterious plan of God (not necessarily best for the immediate purpose intended by the superior). Q. When I cannot agree with the speculative judgment of the superior and must carry out his practical judgment, how should I obey? A. Not just materially, by merely executing the order (and in such a way as to sabotage the project, emphasizing and dis- 12 O[~EDIENCE OF JUDGMENT playing the weakness of the order, proving the superior wrong); but loyally entering into his, views (without blinding myself to his error), covering up its weaknesses before the public, trying my best to make it succeed. Q. Should I judge the order of the superior to be the will of God because of the reasons of the superior? A. No, but only because he has authority. Q. Then obedience of judgment does not imply that I agree with the reasons of the superior? A. No, it does not imply this. Q. Is it possible to have perfect obedience of judgment and the firm assurance that the superior's order is the will of God for me, while still hesitating over the reasons of the superior? A. Yes. Obedience is specified by authority, not by reasons. Q. Will my obedience of judgment be more perfect in propor-tion as I bring myself into agreement with the reasons of the superior? A. No, though the desire to agree will indicate a more perfect disposition. Q. Then why try to make my reasons agree with the reasons of the superior? A. It helps remove the psychological obstacles to obedience of judgment and chiefly of execution. It is easier to act if humanly speaking I agree with the policy. It is the proper disposition in the face of God's representative. Q. Do I suspend my act of perfect obedience of judgment while I am trying to bring myself to agree with the reasons of the superior? A. No, no more than you suspend your act of faith while you study your catechism or theology. Q. When I have brought myself to agree with all the reasons of the superior, do I have more assurance of doing God's will? A. No. The security that comes from authority (in the line of faith) will always be sufficient and greater than that which comes from the weight of human reasons. (Actually both the superior and I may be agreeing in wrong reasons.) Q. What is "blind obedience"? A. Supposing the two presuppositions of all obedience, I blind myself to the qualities and reasons of my superior, that is, I exclude the consideration of these reasons and motivate my obedi-ence by authority alone. Q. What is the difference between obedience of judgment and 13 PAUL W. O'BRIEN blind obedience? A. There is no difference in the act of obedience. But while obedience of judgment merely states the fact, blind obedience connotes the approach: the exclusion of the consideration of the reasons. Q. Is blind obedience a help to obedience of judgment? A. Yes. It makes obedience of judgment easier and safer for though I could have perfect obedience of judgment while consider-ing, and even while rejecting the reasons, still it is much easier to by-pass these reasons and look simply to authority. Q. Is blind obedience always better? A. No. Even though easier and safer, it is often good and sometimes necessary to consider the reasons of the superior (even while excluding them from the motivation of obedience), for they may: (a) help me to profit by the experience of my elders, (b) enlighten me on the spirit of my community, (c) be necessary to relieve psychological blocks to action, (d) be necessary for the understanding of the mind of the superior in view of carrying out his order more intelligently. Q. What should be my attitude toward the reasons of the superior? A. I should be well-disposed towards them. They are given to help me. I should use them as far as they help. If they trouble me, I should prescind from them and practice blind obedience, But even while using them, I should keep them in second place and unite myself to God through authority. 14 The Theology of Religious Women Yves M.-J. Congar, 0. P. This article was a conference given July 10, 1958, to a convention of French priests charged with the care of religious women. It will ~ppear as a chapter in a book to be entitled Le r61e de la religieuse dans l'Eglise (Paris: Cerf, 1960), a volume in the series Probl~mes de la religieuse d'aujourdhui. The article was first printed in Suppldment de la Vie Spirituelle (1959), 316:42. The present translation is by John E. Becker, S.J. Basic Notions: The Church and the World THE WORLD was set on,its way reality by the creative act. Its story is humanity s quest atos, ,ba e fruitful and multiply; fill the earth and subdue it" (Gen 1:28). For all practical pur-poses, the world, the temporal, history, the drive to civilize are equivalent ideas; the reality they have in common is the effort of man to perfect himself by subjecting, for his advantage, the re-sources inherent in himself and in material creation. And this effort has a direction, a direction which is completely dependent on the facts of Adam's existence: he was at one and the same time both image of God and sinner. As Tennyson said very well, it is only at the end of this great adventure that one can say that man is complete. The Church is something other than this inherent movement of the world or of history even if, as is the case, she envelops it and Ultimately guarantees it. For she does not emerge out of the resources deposited within the first creation. She is placed in the realm of reality by a new initiative of God, properly supernatural, that is to say, an initiative in which God commits and gives Himself (this is the meaning of grace). She is an order of sanctity and sanctification positively instituted from above, a creation of the divine positive law issuing from the priestly, prophetic, and redemptive kingship of Christ. Still she has her existence and, as it were, her proper stability within human societies. Divine insti-tution that she is, she herself creates and shapes according to her needs and her spirit institutional forms proper to herself. On the other hand, the Church is not made to be an end in herself. She is made for God and for the world -- even for the world, to save it by the grace which God has given her to dispense: 15 YvEs M -J CONGAR Rewew for Rehgmus "In it [the faith of the Church] is contained union with Christ.''1 The Church is a new creation of God, and a supernatural one; but she has a mission in and for the world. This mission consists in two things: first, to convert men by making them disciples, that is to say by bringing them into herself, giving them in this way the regeneration of a second birth; and then to sanctify them by communicating to them the grace of the Lord, by forgiving their sins, and by teaching them to conform their lives to the holy and sanctifying will of God;2 second, to operate within temporal life itself in order that in accordance with God's plan it may be directed and oriented towards God to the fullest possible extent. The Church here reveals especially the healing power of grace which, by giv-ing back to nature her primitive orientation, conforms her to the will and to the image of God while at the same time restoring her t'o herself. The Church seeks, by all sorts of initiatives and under-takings, to remold the world according to the plan of God, which is neither the pursuit of self nor the pursuit of power nor egoistic hardness of heart, but on the contrary, service, brotherhood, justice, peace, communion, sharing, helping the poorest, combating all the degrading miseries of body and soul. This is why, from one end to the other of her history and growth, the Church has created ministries inspired by charity. Some of them, more involved with the work of the world and its battles, such as the fight for social justice, are more the role of the laymen within her whom she forms and inspires for this work. Others, more strictly pertinent to her spiritual nature and to her primary office of sanctification, can remain more properly eccle-siastical ministries; such is the case in particular with the corporal works of mercy or the spiritual works such as teaching. "As long as you did it for one of these, the least of my brethren, you did it for me" (Mt 25:40). Basic Notions: The Church in Herself One can consider the Church as the great sacrament of salva-tion and distinguish in her two aspects. She is both the reality of grace or sanctity and she is the means of grace or sanctification: reality and sacrament. Images for comparison are not lacking. However, as with every .image, they are very inadequate, and risk losing through excessive schematization what they gain in clarity. 1St. Ir~naeus, Adversus Haereses, III, 24, 1. ~Mt 28:19-20; Mk 16:15 ft.; Jn 3:3 ft.; 20:21 ff.; Col 1:13; etc. 16 January, 1960 THEOLOGY OF RELIGIOUS WOMEN For example, the Church as a holy reality may be considered to be. a tower or a temple; as a means of. sanctification, to have the instrumental power of a pick, a mining car, a windlass, a scaffold, and all of those things which are necessary ~to bring the rough stone from the mines to the finished building where each has its place and its proper finish (see the hymn for the dedication of a church). Does not St. Augustine distinguish the "society of the sacraments" and the "society of the saints," the former being ordered to the latter? Does he not also write: "The architect builds a permanent edifice with temporary machinery"?'~ To see in the Church the holiness already rooted in souls is not only to consider the depths of her life, it is to see in her that which will always be. "Charity never passes away" (1 Cor 13:8). To live through charity the life of holiness is really to live as a citizen of the eternal and heavenly City of God. In heaven, one might say, there will be nothing else but that. That city knows no hierarchy other than that of holiness or of love. The Virgin Mary is at its pinnacle. In the Church of this world she had neither a function nor a hierarchical dignity. It could readily be said of her that she was a member, the first member, of the laity if there were not the danger of belying by this way of speaking her per-fection as a consecrated member of the faithful. Mgr. Journet says well, following St. Thomas, that the Virgin Mary has per-fectly achieved the highest holiness, not the highest hierarchical dignity.~ She is-the type, or better, the perfect personification of the Church, but of the Church as final end, not as means. Mary is the "eschatological eikon of the Church.''~ That which in the Church is "sacrament" in the wide sense of the word -- instrument or means of grace -- is as such related to her as a wayfarer. This is true in the first place of her sacraments properly speaking, but also of her dogmatic formulas, of her organizations, and of her ecclesiastical hierarchy which has the care of all these matters. If it were necessary to point out a type or a personification of the Church here, it would not be the Virgin Mary but rather the Apostle Peter. But this would be to consider 3Sermo 362, 7 (Patrologia Latina, 39, 1615). 4St. Thomas, In I Sent., d. 16, q. 1, a. 2, ad 4; Summa Theologiae, 3, 27, 5, ad 3; Albert the Great, In IV Sent., d. 19, a. 7; Charles Journet, L'Eglise du Verbe incarnd, 2 (Paris, 1951), 422; 441; 456, note 2. ~This striking expression is from L. Bouyer, Le culte de la M~re de Dieu (Chevetogne, 1950), 33; Le trSne de la sagesse (Paris, 1957), 188. See also O. Semmelroth, Die Kirche als Ursakrament (Frankfort, 1951), 176-85. A beautifu] and rich meditation on the theme of Mary as perfect spiritual type of the Church is to be found in H. Rahner, Marie et ~'Eglise (Paris, 1955). 17 YvEs M.-J. CONGAR Review [or Religious only one part of the reality, to reduce the power of the Church as means of grace or of sanctification to "institutions" alone. But as a matter of fact the whole life of the Church in time is a means of grace tending to produce that interior fruit of holiness which will always remain. Still, if the distinction which we have proposed is valid -- it is a classical one -- it is very necessary to guard against pushing it to the point of separation or disjunction. The Church in the concrete, the existential Church on earth is at the same time both means of sanctification and sanctity. In terms of the image used above, we should say that she is at the same time the building and the construction works by which she is built; or, using another image, she is the ear of wheat, full of the grain of which the host will be made, and at the same time the root and stem necessary to bear and nourish the wheat until the harvest time. This is why in the Church holiness and means of sanctification interpenetrate. The sacraments are holy; but also the reality of the interior holiness of the members is a powerful means of leading other members and the whole body either to conversion or to greater holiness. There is a spiritual mothering of holiness, or, if holiness seems too broad, of the life of faith, of prayer, and of charity; and perhaps this mothering is too little studied, theoretically undervalued in the Church, even though it is extremely real, a factor of everyday life. We shall return to this point later. It would also be inexact to make a complete separation be-tween holiness and visibility. Holiness manifests itself. It is even a "note" of the Church, that is to say a mark which "notifies" and permits the true Church to be recognized. As instigator and end of all the visible works of the Church, terminus and interior direction of all the instrumentality of grace, intimate soul of all the historical life of the Church, holiness gathers all of these func-tions together to constitute that sign of the Kingdom of God which the Church must be for the world. During His earthly life, Jesus made men sensible of the approach of the Kingdom of God and unveiled something of its proper mystery by "signs" just as He opened up the ways of the Good News in parables. After the Ascension of the Lord, it is the Church which by the grace of Pentecost is the sign for the world. But the different manifesta-tions of her historical life are signs of the Kingdom of God, signs of the charity of Christ, only because they incorporate and radiate holiness. Otherwise they might be signs of power, of legal right, even of greatness; they would not be signs of the Kingdom of God 18 January, 1960 THEOLOGY OF RELIGIOUS WOMEN and of the charity of Christ. They would not draw the world to the faith. Basic Notions: Religious Life The Church is a body which is organic, organized, and.there-fore composed of different elements. She embraces the infinity of individual differences which are the foundation of the gifts, altogether interior ~and spiritual or exterior and public, of each one: what a variety among men, what a variety in the world of the saints! All this is the rainbow of grace. But there are also larger differences in the Church, delimited categories, groups charac-terized by a particular social structure, even constituted as such by law. These are those major differences of condition which affect Christian life in that profound and permanent as well as public and manifest way by reason of which one may speak of them as states. Christian antiquity and the Middle Ages used the expression orders for any group, and the encyc.lical Mystici corporis of June 29, 1943, reintroduced this idea into its broad theology of the Church as the Body of Christ. Once more it speaks, for example, of the "order of the laity.''~ The fathers spoke of the order of preachers or of prelates, the order of clerics, of monks, of virgins, of the continent, of widows, of deaconesses, of married people. If we consider only the most general divisions of states in the Church, we find ourselves faced with a double distinction, that between clerics and the laity, and another between seculars and regulars or religious (see below, note 50). If we recall what was said above about the Church, we will be able to relate the first distinction more to that ~aspect according to which the Church is means of sanctification, since this difference is between the simple members of the people of God and those members who are destined to exercise some sacred function and are endowed with powers appropriate to the prac.tical application of the means of grace. The second distinction pertains more to the aspect of the Church according to which she is a mystery of holiness; for the "state of perfection," even though it is a means of sanctification, is nor-mally an approach towards a more perfect life in Christ. In both cases, the state ~or particular ecclesiastical position of the cleric and of the regular is a deprivation of the greater liberty legiti-mately given those in the world in view of their conditio.n of life and .activity in the world; the purpose of this deprivation is the better service of God, whether this be more on the plane of per- SActa Apostolicae Sedis, 35 [1943), 200-01. 19 YVES M.-J. CONGAR Review for Religious sonal spiritual life (religious life) or more on the plane of admin-istering the Church's means of sanctification (clerical, priestly state). It would be superfluous to spend time here defining religious life. Let us recall merely the simple and vigorous manner in which St. Thomas Aquinas characterized it in relation to the Christian life of the simple faithful.7 Each member of the faithful is com-mitted by his baptism, to renounce sin as well as Satan and his temptations. By religious profession, a Christian man or woman commits himself to renounce the world as the context of his life in order to belong more entirely, more definitively to God and to His work; for the world is an ambiguous milieu to live in; it is full of occasions of evil; it is engrossing, distracting, and filled with demands which hinder one from belonging to God completely and of temptations which turn one away from Him. This is why it is essential to the religious life, not only to detach oneself from the earthly and to consecrate oneself to God by vows, but through the rule to separate oneself from the conditions of life in the world. A point of view less individual and more ecclesiological might present the same realities in the following way.s The difference between religious and the simple faithful need not be viewed as a difference between the consecrated and the non-consecrated. This opposition exists, of course; but it should be located between the Church and the world, between the people of God and those who are not, between Christians and non-Christians (see 1 Pet 2:10). In the people of God as such, in the Body of Christ, all is sacred. The faithful are consecrated; their whole life as Christians, in so far as it is Christian, is sacred, not profane. All that religious can ambition is to be more consistently, more integrally Christian, and to embrace more perfect means toward this end." Laymen, or the ordinary faithful, live in the world. It is their precise charac-teristic to serve God in the way that is determined by their natural mission into the world.~° But the world is something other than 7Contra impugnantes religionem, c. 1. 8We employ here a suggestion of R. Carpentier, S.J. in his Life in the City o[ God: An Introduction to the Religious Life (New York, 1959). Compare the same author's "Les instituts s~culiers," Nouvelle Revue Thdologique, 77 (1955), 408-12, in particular, 409, 411. ~Since Dom G. Morin's L'iddal monastique et la vie chrdtienne des premiers jours (Maredsous, 1912), it is better known that religious life is merely the Christian life more fully expressed. 1°There is more and more agreement on this positive and theological definition of the lay state: Y. M.-J. Congar, "Qu'est-ce qu'un laic?" Suppld-ment de la Vie Spirituelle, 1950, 363-92; this article is the first chapter in the same author's Lay People in the Church Westminster, 1957). See also K. 2O January, 1960 THEOLOGY OF RELIGIOUS WOMEN the Church. If the Church has its inner consistency and its proper demands, the world has too, Even prescinding from the ambiguity inherent in the enterprises of men and in the tendency toward sin which adheres to the tissue of the world, it is still necessary to render to Caesar the things that are Caesar's. For this reason even those laymen who seek only to love and serve God, whose personal lives are surrendered to God, and whose hearts are wholly intent upon Him find it difficult to exert themselves and to carve out their way in that world, a world which is not surrendered to God. "And he is divided" (1 Cor 7:33-34). The life of the Christian in the world is, unhappily, a divided one. The religious is the Christian who, in the desire to belong totally and irrevocably to God,~ leaves the world and enters a life built up and organized for the service of God, something which the world is not. The religious life in so far as it is a social frame-work for living is actually a creation of the Church for the pur-poses of the Church -- the service of God, Throughout the len.gth of her history.the Church has striven to achieve through religious life that which she tried to do as soon as she entered the world" by the grace of Pentecost; it was something that had been tried' be-fore her, for example in the monasticism of the Essenes on the shores of the Dead Sea. Her aim has been to constitute a way of life which responds perfectly, even as a social or juridical structure, to the communal and fraternal demands of the Gospel and which allows one to be at the exclusive service of God. In fact, through-out the whole history of the religious life one finds references back to the tentative attempt at communal living in the primitive Church at Jerusalem.~- Moreover, it is by expressl.y referring to Rahner, "L'apostolat des la~cs" in Nouvelle Revue Thdologique, 78 (1956), 3-32; a digest of this article may be found in Theology Digest, 5 (1957-58), 73-79. ~St. Thomas: "So that he may not turn back" (Summa Theologiae, 2-2, 186, 6, ad 1; see also Contra Gentiles, 3, 131). l~See Acts 2:44 and 4:32. Some references on this point are: F~r St. Pach-omius see L.Th. Lefort, Les vies coptes de saint Pach6me et de ses premiers successeurs [Louvain, 1943), 3, 30, and 65, 25; for St. Basil, see his Regulae brevius tractatae, int. 148, 187 (Patrologia Graeca, 31, 1180 and 1208) as well as his Regulae [usius tractatae, int. 7 (Patrologia Graeca, 31, 933); for St. Augustine see his En~arrationes in Psalmos, 132, 2 (Patrologia Latina, 37, 1729 ff.), his Sermo 355 and 356 De vita et moribus clericorurn suorum ( Patrologia Latina, 39, 1568 ff.), his De opere monachorum (C.S.E.L., 41, 529 ft.), his Regula (see below, note 21), and A. Zumkeller's Das M6nchtum des hl. Augus-tinus (Wiirzburg, 1950), 129 ft.; for St. Ambrose Autpert, see his In Cant. (Bibl. Max. Patrum, 13, 442); for St. Odo of Cluny, see his Occupatio 6 (Patrologia Latina, 133, 572) and J. Leclercq's "L'id~al monastique de saint Odon d'apr~s ses oeuvres," in A Cluny. Congrbs scientifique, 1949, 227 ff.; for St. Peter Damian, see his Opusculum 24, Contra clericos regulares proprietarios (Patrologia Latina, 145, 482-90). From the time of the reform 21 YvEs M.-J. CONGAR Review [or Religious this historical archetype that all reforms, all renewals of the religious life have been carried out. The "type" of Jerusalem, the City of Peace, the city "where all together make one body" (Ps 122:3), the place of God's habitation, has always been, for the various institutes of religious life, a kind of ideal, or "myth" in $orel's sense of the word. The religious life is a kind of earthly anticipation of the City of God. The chief forms of the religious life derive, even in those things which differentiate them, from the following principle com-mon to all: The religious life is a total consecration which is carridd out on the social level and publicly approved by the Church and which aims at the pursuit of the perfection of charity on the basis of a renouncement of that which hinders this totality, and this renouncement is made in such a way as to close to oneself the possibility of turning back. Within the bounds of this essential principle common to all, religious institutes differ from one another according to that pre-. eminent work of charity to which each one specifically devotes itself. A first overall distinction arises, for this reason, between institutes vowed to the service of the love of God alone, in Him-self, and immediately -- the contemplative life, monasticism, the eremetical life -- and institutes vowed to the service of the love of God in the exterior exercise of love and of service to the neigh-bor -- institutes specifically vowed to the works of mercy, corporal (hospitals), or spiritual (teaching), or the two together (the greater part of the missionary congregations).13 Contemplatives or monks also contribute to the salvation of the world, but only from above and in the context of the mystery of the Communion of Saints, from which comes in its secret forms that spiritual maternity which we have already mentioned and to which we shall return. From the point of view of effective activity they seem to leave the world to its damnation.Nevertheless, this is a historical fact: it is the monks who have made Christianity; of the llth and 12th centuries the references 'to Acts increase; see the studies of Ch. Dereine and others. See also J. Leclercq, La vie parfaite (Turnhout, 1948), 82-108. M.-D. Chenu, La thdologie au xii'~ si~cle (Paris, 1957), 227 ff. 13As is well known there exists a third category, that of the apostolic life, which is sometimes given the strange and little justified name of the "mixed life." In this life the superexcellent work of charity is identical with that of that agape which implies service, self-giving, apostolate, mission. It implies living in the light of faith and love to the extent of communicating them to others by means of the apostolate. But this apostolic life is almost exclusively reserved to men; and in its fullness it demands the priesthood of the Gospels. 22 January, 1960 THEOLOGY OF RELIGIOUS WOMEN monasticism has been --it is still, it will continue to be in the future -- preeminently the educator who teaches men not only what it is to be a Christian, but also what it is.to be human. In this way it has been the creator of much that is beautiful. It is impossible to accept grace without its showing its healing power, impossible to seek first the Kingdom of God without all these other things being added on besides (Mt 6:33; Lk 12:31). Religious devoted to the works of mercy enter into the torrent of the world to perform the work of rescue. They participate more strictly than the monks in that which in the Church is not only repose in God but also anxiety for and with men; they participate in the Church not only as a harbor of grace and the inn of the good Samaritan, but as an effective rescue service with the difficult commitment to heal the wounded on a road infested with robbers. In the duality of the Church and of the world, the monks represent essentially the distinction or opposition of the two. The Church is not of the world; and in her monks she says to it: "Do not touch me!" But the duality of the Church and of the world is not only distinction and opposition, it is also a kind of coupling; it implies a dialectical and dramatic point of contact. Not only do the Church and the world coexist in the time between Eden and the Kingdom, they exist in a certain way one with the other and one for the other. The world is, for the Church, not only~ the quarry from which she gets her stones, but also a necessary partner in a dialogue, or better, a sort of separated partner, who opposes and tests her, but with whom she must remain joined in order to try to save it. The Church is different from the world, she is grace and salvation. But in the interim between Easter and the second coming, which is her time of wayfaring and of labor, she is joined to the world as the good Samaritan was to his wounded stranger while he lifted him up and carried him, or as a lifeguard is joined to the drowning person whom he attempts to bring to the shore.~ Basic Notions: The Role of Woman in the Church One can scarcely speak of the laws of God's work, for he would thus risk giving the meaning that rules are imposed upon God extrinsically and as necessities. But one may speak of con-stants which the work itself reveals to us. And one of these constants seems to be procedure by pairs or complementary polarities. The study of tradition throughout Scripture, the fathers, and ancient ~On this point read G. Bernanos, La libertd, pourquoi faire? (Paris, 1953), 267-69; and see H. Urs yon Balthasar, Le chr~tien Bernanos (Paris, 1956), 217. 23 YVES M~-J. CONGAR Review for Religious texts and records, has convinced us more and more that this idea has played a very great role in Christian thought and institutions.~5 Among these unified dualities or complementary polarities, the first is without doubt the division of humanity into man and woman. It reappears in the Church, with the reservation that will be noted later. It is the reason that today's relatively numerous studies of "the second sex" have their counterparts, frequently stimulating ones, in Christian publications which attempt to de-termine the particular role and assets of women and hence of religious women in the Church.~ This role and these assets are connected with these larger values: a) Woman stands for receiving, welcoming, consenting; she is the "spiritual vessel." To speak of passivity would be not quite exact; receptivity is vital and active. Recall the "fiat" of the Virgin Mary, the prototype of acceptance and of the faithfulness of the Church before the God who comes, calls, asks. b) It is also said of the Virgin that "she kept all things in her heart." Man has the initiative in producing life. Woman creates for it a milieu that is intimate and warm, a home. In the home she embodies that humble faithfulness which conserves, waits, wel-comes. Man is devoted to the risks of conflict on the outside; he is the victim of its aggression; he suffers change. But thanks to his wife he has a home where he can recover intact his better self, his inner self: the freshness and poetry of love, the faithfulness to memory and to conscience, the delicacy of attention and of care.'7 Man is specialized by work and by action. Woman is nearer 15The following examples have been chosen at random and hurriedly; nevertheless the meaning and the relationships of this theme of "pairs" were a matter of profound experience in the consciousness and texts of the ancients; they will be understood better if one keeps in mind the duality in unity which is at the basis of all the examples: Man and woman, soul and body, the two sides of the body (two eyes, two hands, etc.), sky and earth, sun and moon (the "two luminaries"), the two powers, pope and emperor, the two witnesses Peter and Paul, Moses and Elias, law and grace, the Church of the Jews and the Church of the Gentiles, head and body, Scripture and tradition, baptism and confirmation [Christ and the Holy ~pirit), com-munion under two species, the two columns of the temple of Jerusalem, the two cherubim of the Ark, etc. ~6For studies by Catholics see Gertrud von Lefort, Die ewige Frau ~Munich, 1935); Maura BSckeler, Das grosse Zeichen. Die Frau als Symbol g6ttlicher Wirklichkeit (Salzburg, 1941); D'Eve tt Marie, ou le destin de la Femme in L'Anneau d'or, 1954; F.J.J. Buytendijk, La femme, ses modes d'etre, de paratt)'e et d'exister (Paris, 1957). A Protestant study is Ch. von Kirschbaum's Die wirkliche Frau (Zurich, 1949). A Greek Orthodox study is: Paul Evdo-kimov, La femme et le salut du monde. Etude d'anthropologie chrdtient~e sur les charismes de la [emme (Paris, 1958). ~TThis role of woman is well illustrated in novels such as the following: Sigrid Undset, Kristin Lavransdatter: Elizabeth Goudge, Green Dolphin Street; A. J. Cronin, Th~ Citadel. See also Alice Oll~-Laprune, Liens immortels. 24 January, 1960 THEOLOGY OF RELIGIOUS WOMEN to the sources of life and of elementary realities, more humbly given over to daily occupations. She has also an instinctive sensi-bility which allows her to grasp things in a more concrete, simpler, more comprehensive fashion, to see things as wholes. She gives herself more simply, and perhaps more irrevocably, in committing herself more thoroughly and totally to these things. In this total commitment of woman there is a value attested to by experience which is expressed remarkably well in the con-secration of religious women. This consecration, for the faithful and even for the priesthood, stands as a kind of oasis, a reserve storehouse of the simple life, of total, unsophisticated faith; it stands for homesteads of inviolate faithfulness softened by a gentle delicacy. There are here, along with a beehive's thrifty efficiency, treasure houses of devotedness and all the strength of an abnegation that is without ambition or defense. We will not delay on this longer because we are not sure that this precisely feminine element is so very important in the religious life. The religious life would represent in the Church rather that condition in which woman becomes most active,, closest to assum-ing initiatives and activities comparable to those of men. So she proclaims in a special way a superiority over the differences of sex and over the other conditions which divide man in his "life in Christ.''~8 If femininity exists at this level, it is that of the whole Church who is, according to patristic tradition and its develop-ment of the indications of Scripture, the New Eve beside the New Adam, Christ. That which, in the Church, represents Christ as Master, Spouse, and Father, is not the male religious institute; it is the episcopacy and the priesthood. It is easy to relate these facts to that which was said above about the two aspects of the Church: that of goal or of holiness, alongside which religious life has its special place, and that of means, alongside which the dis-tinction between priests and simple faithful has its place. The Role of Religious Woman in the Church The religious life is, in the Church, the highest approximation of the City of God. It is, in the sphere of collective realities, that portion which is nearest to being the fruit of lasting holiness (reality), that which most closely pertains to the Church as "Com-reunion of Saints" and eschatological reality. This is what we shall consider first in itself and then in its inherent value as a sign. ~sSee Gal 3:28; Col 3:11. 25 YVES M.-J. CONGAR Review for Religious Religious life is first of all for God. It exists in the Church first of all as an area reserved for God. It represents the first fruits and their special worth as tokens of homage and as free gifts. Sometimes, in a corner of the countryside withdrawn from the traffic of men one finds a religious house which, humanly speaking, vegetates. But when one has become a regular visitor to such a community, one discovers that it is accomplishing an onerous duty of praise or of intercession, far from the notice or even the knowl-edge of men. "To what purpose is this waste?" ~Mt 26:8; Mk 14:4) It is the song of the bride meant only for her spouse; it is that part of the Church seen and known to God alone, to the Father "who sees in secret" (Mt 6:4; 6:18). Above and beyond all its external usefulness and all i~s ordination to extrinsic things, religious life remains a realization of the mystery of the Church or of the mystical body. It is im-possible to'emphasize this too much: before one can cooperate in the building up of the outside of the Church which is for others, it is necessary that it be built up within. A religious community is a cell of the Church; better, it is a Church in miniature.'9 It gives flesh to the mystery of the Church. The Rule of St. Augustine begins with these words, whose fulness of meaning and even whose technical validity arise out of the great Augustinian synthesis on the sacrifice of the "City redeemed as one":2° "A primary purpose for which you are gathered together in one community is that you live in the monastery with unanimity, having but one mind and one heart in the service of God.''~' Members join together in re-ligious life first of all to live the life of charity, to give reality to fraternal union according to the spirit of the Gospel. We cannot meditate too much on this truth, without which our communities will be nothing but a lie and a scandal.'-'~ The great lawgivers of ~On this theme see the valuable study of Dom Emmanuel yon Severus, "Das MSnchtum als Kirche," in Enkainia, ed. by H. Emonds (Dusseldorf, 1956), 230-48; also A. deVogu~, "Le monast~re, Eglise du Christ," in Studia Anselmiana, 42 (Rome, 1957), 25-46. ~'See De Civitate Dei, X, cc. 5 and 6. ~Patrologia Latina, 32, 1738. ~To stimulate reflection on this matter, I permit myself to cite here the two following texts which are hateful and terrible, but important: "Monks are people who bunch together without knowing each other, live together without loving each other, and die without regretting each other." ~Voltaire, L'homme aux quarante ~cus, VIII, Oeuvres completes, xxxiv, Paris, 1829, 60). "The love of God serves them as an excuse to love no one; they do not even love one another. Has anyone ever observed rea] friendship among the devout? But the more they detach themselves from men, the more they demand of men; and one could say that they do not raise themselves to God except to exercise his authority on the earth." (J.-J. Rousseau, Nouve~le Hdloise 6th Part, Letter 8). 26 January, 1960 THEOLOGY OF RELIGIOUS WOMEN the cenobitic life, St. Pachomius and St. Basil, expressly defended the primacy of this life over the anchoritic life on the basis of the fraternal charity and mutual edification (one of the great values in the Gospels) for which it gives the opportunity.~'~ One of the essential articles of the religious life is the achievement of a true fraternal relationship, the condition, complement, and fruit of a true relationship with God. If the Christian is an eschatological man because he is a fellow citizen with the saints, a member of the house of God (Eph 2:19), the monk is all the more truly a Christian. "But our citizenship is in heaven.''24 This is :said and it is true of all the people of God, for they are a people in exile journeying towards their fatherland. We have already received the pledge of the Spirit, the first fruits of our inheritance,2'' but only the pledge and the first fruits. We still live here below subject to the slavery of the flesh and the oppression of the devil, whom our Savior ~calls "the .Prince of this world"; all creation, subject to vanity, groans in the labor of its childbirth hoping for the glorious liberty of the children of God (Rm 8:19-23). The citizens of the heavenly city are, in this life, in the situa-tion of a people occupied by an enemy power. There are those who adjust themselves to it, there are even those who compromise and "collaborate." There are many who do not accept the enemy power, and in the midst of external conditions of servitude, they assert as far as they can their loyalty to their homeland. But some go farther and resist. They escape to the outskirts. There at least they advance With great labor the hour of liberation, they live already a life of liberty and they prepare for everyone the coming of the liberator. If the Church is like the outskirts of the world,'-'~ religious life is so in a more decided way. Religious have left their homes, their parents, their fields, the comforts of normal life, to be unburdened, free to serve the King of the Heavens. They are, by a more meaningful title, the first fruits of the new creation.~7 ~:~See H. Leclercq, "C~nobitisme," in Dictionnaire d'archdologie chrdtienne, II, 2, 3047-3248; 3093 is concerned with Saint Pachomius and 3149-50 with Saint Basil. See also Vie de Pach6me, cc. 3 and 4 in R. Draguet's Les P~res du ddsert (Paris, 1949), 90 ff., and Saint Basil, Regulae fusius tractatae, cc. 7 and 25-31 (Patrologia Graeca, 31,928 and 984 ft'.) and his Letter 295 (Patro-logia Graeca, 32, 1037). See also 0. Rousseau, Monachisme et vie religieuse d'apr~s l'ancienne tradition de l'Eglise (Chevetogne, 1957), 80 ff. 24Phil 3:20; Heb 11:13-16. ~SSee 2 Cor 1:12; Rom 8:1-30; Eph 1:14o ~See Yves M. J. Congar, Lay People in the Church (Westminster, 1957), 101. ~TSee Apoc 14:4, "the first fruits for God and for the Lamb." This idea of 27 YVES M.-J. COUGAR Review for Religious Each religious profession is like a guerilla victory by which the power of the occupying forces is checked; and without doubt Christ contemplates it with the sentiments which he expressed when the seventy-two disciples returned from their mission full of joy that the demons had given way before them: "I was watching Satan fall as lightning from heaven" (Lk 10:18). This idea of the religious life as an eschatological life~8 is fre-quently expressed in monastic tradition by the theme of the angelic life.2~ It is a perfectly valid theme. Whether one actually looks at the religious life under the aspect of virginity or under that of the spiritual marriage, which is fundamentally the same thing, or under the aspect of the perpetual praise of God (see in particular E: Peterson), or under that of the anticipation as far as possible of heavenly life, life in the presence of God, and even if one looks at this life in the details of asceticism such as vigils or fasting -- under all these aspects of religious life the theme of the angelic life is authentic, and we wish in no way to exclude it. We are convinced,, nevertheless, that certain expressions can be very dangerous and ought to be criticized in the name of biblical and Christian truth2° Historically these expressions have been somewhat distorted by influences coming from two areas: first, the assumption, without~ a critical attitude sufficiently inspired by the biblical point of view, of certain Platonic and Pythagorean ideas, in particular the idea that man consists of a soul, that the body is a tomb (a~/~a-~l/~a) from which one should free himself as much as possible with the result that perfection is made to consist in the contemplation (Oe¢op;~) of eternal, transcendent truths; second, the development of a wholly speculative theory concerning Adam and the state of paradise. We know how St. Gregory of Nyssa, for example, transposed, the final liberation from the oppo-the first fruits is especially emphasized by Dom Emmanuel von Severus, "Zu den bibiischen Grundlagen des MSnchtums," in Geist und Leben, 26 (1953), 113-22'; see also the same periodical, 27 (1954), 414 ff. -°SThis idea is developed in D. Thalhammer, S.J., Jenseitige Menschen. Eine Deutung des Ordensstandes, 2nd ed. (Freiburg, 1952); in J. Leclercq, La vie parfaite (Turnhout, 1948); in L. Bouyer, The Meaning of the Monastic Life (New York, 1955); and in O. Rousseau, op. cir. (footnote 23). ~Wexts on this are innumerable. The principal ones can be found in the works listed in the preceding note, to which the following may be added: E. Peterson, Le livre des anges (Paris, 1954); A. Lamy, "Bios angelikos," in Dieu vivant, n. 7 (1946), 59-77; J. C. Didier, " 'Angdlisme' ou perspectives eschatologiques?" in M~langes de science retigieuse, 11 (1954), 31-48; U. Ranke-Heinemann, "Zum Ideal der vita angelica im fr~ihen MSnchtum," in Geist und Leben, 29 (1956), 347-57; Emmanuel yon Severus, "Bios aggetikos," in Die Engel in der Welt yon heute, 1957, 56-70. 3°I hope to treat this problem later and on a larger scale with the needed precisions and justifications. 28 January, 1960 THEOLOGY OF RELIGIOUS WOMEN sition of the sexes (above, note 18) into the creative intention and held that sex had been a ~stranger to the nature of man as God had, or would have conceived of him, if He had not known ia advance that man would sin.'~ The result of this double influence, with which other factors certainly have concurred, has been not so much perhaps to give an orientation toward the recovery of a lost state of perfection, which is an eschatological expectation present in the New Testament; it has been rather to superimpose on (and perhaps to substitute for) the duality between this world and the other which is to come as the fruit of Christ's Passover, a duality between this earthly, bodily world and a celestial, in-corporeal world which is to be imitated as closely as. possible. But is the Christian ideal to be found in the condescension of God who for love entered human history as a suffering servant? Or is it instead an angelic perfection, situated in an ideal world of the spirit toward which the soul must elevate itself by certain degrees of ascension and sublimation thereby withdrawing itself progres-sively from the sensible world? We may well fear lest spirituality seek its place between heaven and earth and turn away from the history of the world and the commitment to be a savior to men's miseries, meanwhile adjusting itself to a theocracy in which the idea of subordination of body to soul ambiguously expresses itself as a basically political program of subjection of the "temporal" to the "spiritual." We find something of this, it seems, in the history of Citeaux at the height of its prosperity. At that very time the "They will be like the angels" (Lk 20:36; Mt 22:30) is transposed from eschatology to the condition of monks on the earth, something which had been completely avoided, for example, by St. Augustine2: But, on the other hand, for St. Bernard, the mysticism of that angelic life which can bear such doubtful fruits as we have just mentioned is balanced by an ardent mysticism of Christ in his humanity and of the imitation of Christ. What is important is to see, as St. Therese of Lisieux very brilliantly saw it and acted on it,'~'~ that the perfection of love con- 3*See De opificio hominis, cc. 16-17 (Patrologia Graeca, 46, 181 and 188-92). On the very subtle thought of Gregory see the Introduction of P. J. Laplace to La crdation de l'homme [Paris, 1943). St. Thomas criticizes this position in Summa Theologiae, 1, 98, 2. 3~See "Eglise et Cit~ de Dieu chez quelques auteurs cisterciens h l'~poque des Croisades," in Mdlanges Etienne Gilson [Paris, 1959) and "Henri de Marcy, abb~ de Clairvaux, cardinal-dv~que d'Albano et l~gat pontifical," in Analecta Monastica, 5 (Rome, 1958). 33See the studies of A. Combes [for example, his Saint Therese and Her Mission INew York, 1955]) and Ft. Heer, "Die Heilige des Atomzeitalters," in Sprechen wir yon der Wirklichkeit (Nuremberg, 1955), 177 ft. From the 29 YVES M.-J. CONGAR Review for Religious sists essentially not in the ascending movements of an increasing spiritualization, but in a descent by the paths and the steps of humble service to the point of emptying oneselfi34 One must come to the cross where the salvation of the world is worked out and where, by losing ourselves, we work out our own salvation also. This is scriptural and it is Christian, more .scriptural and more Christian than the theme of the angelic life, traditional and valid though it may be under the conditions which have just been detailed. This angelic theme is a monastic theme. Many modern con-gregations, as they are called, have little or no contact with the great sources of monastic spirituality. They are not, for all that, safe from missteps analogous to those which the theme of the angelic life risks causing. The spirituality proposed in these con-gregations, in so far as it is legitimate to reduce it to a common denominator, is largely inspired by Jesuit authors (Rodriguez) and by the spirituality of the French school, the great French moralists and preachers of the "Great Century." But these sources, valuable certainly and even powerful as inspirers of the true Christian life, seem to bear the mark of the two following influences: first, a certain stoic influence, of which Guillaume du Vair would be a particularly representative example35 (we do not mention him for any other reason and certainly not as one of the sources). This stoic influence, diffuse as it may be, is not negligible. Many mod-ern spiritual programs depend rather largely on Christian stoicism. Second: even the great spiritual men of the French school betray the orientation of the moralist, an insistence on those themes which aim to make man conscious of his baseness and his malice, an insistence on the theme of original sin and its consequences, on the wickedness of the world and of all its aims2~ It seems that this is far from the theme of the angelic life; but the two rejoin in certain eventual consequences. There are fruitful considerations in literary viewpoint see von Balthasar, Le chr~tien Bernanos, pp. 156, 160-61, 264 ff., 457-77, 484. '~4Phil 2:7. ~See F. Strowski, Histoire du sentiment religieux en France au xvii" si~cle, I (Paris, 1910), 18-125; and P. Mesnard, "Du Vair et le N6o-stoicisme," in Revue d'histoire de la philosophie, April, 1928, 142-66. Du Vair begins from original sin and the feelings of penance to arrive at a "life in God" by passing through the practice of the cardinal virtues. ~"Some remarks concerning the influence of this spirituality on the con-gregations of teaching religious may be found in J. G. Lawler, The Christian Imagination: Studies in Religious Thought (Westminster, 1955), 38 ft. It is also necessary here to refer to the Imitation of Christ with its moralistic and individualistic perspective of the opposition between the movements of grace and the movements of nature. 3O January, 1960 THEOLOGY OF RELIGIOUS WOMEN all these areas, but scriptural monotheism implies another set of values, more thoroughly oriented toward life, toward history, toward the cosmic theme of salvation. The religious life, and more especially the religious life of women, realizes with a particular intensity and purity the voca-tion of the Church to be the Virgin Spouse of the Lord and thus to become spiritually a mother. The application to the Church of these three inseparable themes: virgin, spouse, mother, whose biblical sources are not only abundant, but situated at the heart of the economy of salvation, is frequent in Christian tradition27 To wish to compare them with themes more or less verbally analogous which have been gathered from the history of religions would be to close one's mind to this. Pagan religions are nature religions which transfer to so-called transcendent persons the relationships and needs of men. They sexualise the divinity. The God of biblical revelation is in no way sexualised; He is the living God who unites men to Himself by faith. The whole relationship of alliance and of union which He establishes with man consists in the spiritual relation of faith, and faith includes a total gift, and therefore is not fully realized except by love: "I will espouse thee to me for-ever: and I will espouse thee to me in justice and judgment and in mercy and in commiserations. And I will espouse thee to me in faith" (Hos 2:19-20). That which creates between God and our-selves, between the Church and God, a marital relation is nothing other than this completely spiritual communication in faith. But this communication supposes in us the sole response of a total giving, of receptivity to the coming of God: "Behold the handmaid of the Lord, be it done to me according to thy word." So faith is the point of contact for an exchange of fidelity. "I will be your God and you will be my people." And therefore it is a point at which a relation of alliance is achieved, a marital union which is at the same time altogether virginal. It is altogether virginal be-cause the union is spiritual. It consists in nothing else than fidelity itself and is preserved by maintaining this fidelity, that is to say, by its very chastity. It is altogether virginal also because in this relationship of faith nothing which comes from the outside or from ~TThe bibliography is abundant; we will cite only the following: S. Tromp, "Ecclesia Sponsa, Virgo, Mater," in Gregorianum, 18 (1937), 3-29; O. Casel, "Die Kirche als Braut Christi nach Schrift, V~itern, und Liturgie," in The-ologie der Zeit, 1936, 91-111; CI. Chavasse, The Bride o] Christ: An Enquiry into the Nuptial Element in Early Christianity (London, 1940); J. C. Plumpe, Mater Ecclesia: An Inquiry into the Concept of the Church as Mother in Early Christianity (Washington, 1943); AI. Mfiller, Ecclesia-Maria: Die Einheit Marias und der Kirche (Fribourg, 1951); H. Rahner as cited above, n. 5. 31 YVES M.-J. CONGAR Review for Religious that which is lower enters in, nothing which breaks or mars its integrity. There is nothing of earthly eros here. Motherhood or fruitfulness comes to this virginal and marital union as its fulfillment. The fathers say and repeat that the Church (or the soul) becomes a virgin spouse by faith, and that she also becomes a mother by faith: virgin spouse by believing, mother by communicating the faith, by engendering men in faith. Again, the relationship is altogether spiritual. It consists in faith and this is why it is superior to every kind of carnal kinship2s Precisely because of this, the vocation of the Church to be both virginal spouse and virginal mother is achieved in all the members in proportion to their fervor. For, according to a theme equally familiar to the fathers and to spiritual authors, every soul is the Church. Nevertheless in so far as God is not fully "all in all" (1 Cor 15:28), the difference between man and woman exists not only as a reality of the world, but projects itself and intervenes in a certain manner in the body of Christ which is the Church. So there exist certain differences in the manner in which men and women exercise the spiritual motherhood of the Church. The priesthood, since it is a position of external authority, is reserved to the man. But this relates to the Church under her aspect as means of grace, and therefore does not touch the religious life. as such. In its external activity a religious institute can just as well exercise apostolic functions which also relate to the Church as means of grace and represent an explicit cooperation with the action of the hierarchy where the motherhood of the Church is achieved. But the religious life as such, the religious life purely and simply, belongs rather to the Church as eschatological realiza-tion of holiness. This devotes it to being the locus of a very pure and altogether spiritual realization of the twofold relationship of virginal marriage and of motherhood. All this is particularly true in the life of women religious be-cause woman is more a being of receptivity and of self-giving: because when she gives herself, and above all whe~ she gives her-self in the integrity of her heart and of her body, she gives herself in a more intense way, a more complete and irrevocable way than man; because having fewer exterior activities and acting less out of duty and more from her heart, she makes good with her fervor that which would have been lost to her in action. For all these ~Read in this sense Mt 12:48-50 (=Mk 3:33-35; Lk 8:21); Lk 11:28. In .the same way St. Paul calls those his brothers of whom he says that he has engendered them and is their father. See above, n. 18. 32 January, 1960 THEOLOGY OF RELIGIOUS WOMEN reasons religious women, consecrated virgins, play a choice role in the mystery of the Church as virgin spouse of the Lord. They play also their wonderful part in the Church's spiritual motherhood. It is extremely remarkable that this doctrine was recalled to us in a very striking way precisely in a religious woman, Therese of the Child Jesus, who having entered Carmel at the age of sixteen, having died at twenty-four, and having remained unknown by the world during her life, has become not only officially but really the patroness of all Catholic missions2'~ She became all this and remains all this solely in the order of the Communion of Saints. According to St. Augustine, it is pre-cisely the Church as a union of love and a communion of saints which exercises spiritual motherhood.4° And so without exterior activity we can in our prayer and in our laborious efforts at con-version (our penances) include intentions for other men and for all the world's miserable; and we can bear them in the womb of love which is the Church's heart of prayer and charity. It is a part of tradition also that in the Church the strong support the weak (there is no question at all here of any other strength than that which comes from God in faith). This spiritual motherhood is a very profound characteristic of the Church: we believe in the Com-munion of Saints. But experience comes frequently to the aid of our weakness of faith. Who has not appealed to this strength? Who would not be able to bear witness to its reality? The Role of the Religious Woman in the Church as a Sign St. Paul says, "We have been made a spectacle to the world, and to angels, and to men" (1 Cor 4:9). The Church gives a visible body to spiritual gifts. So, for example, the gift of unity in Christ which has been given her becomes the "note" of unity; and that of sanctification by the Holy Spirit, the "note" of holiness. Of all these notes that of holiness is the most insistent; it is'the most efficacious also as a witness to men that the Kingdom of God draws near and calls them. It is also the most directly meaningful note because from the fact of holiness to the presence of God the inference is direct and within the grasp of all. And in this mani- 3~See above, n. 33. Pius XII said that contemplative institutes are "fully and completely apostolic," Sponsa Christi, November 21, 1950 (Acta Apos-tolicae Sedis, 43 [1951], 14). See also the letter to Cardinal Piazza of June 29, 1955, (Acta Apostoltcae Sedis, 47 [~9551, 543). 4°See for example De sancta virginitate, cc. 3 and 5 (Patrologia Latina, 40, 398-99); Sermo Denis, 25, 7 (edition by G. Morin, 162-63); Sermo 215, 4 (Patrologia Latina, 38, 1074). 33 YVES M.-J. CONGAR Review for Religious festation of holiness which the Church constitutes throughout the course of history, the various expressions of religious life occupy a choice place.4~ Religious communities are living parables for men of the Kingdom of God. If we begin our consideration of this by treating what is more external in religious life, its institutions appear to us first of all as the freest and most genuine expressions of the spirit of the Church on the plane of her social manifestations. We know that the Church is an original institution put into the world by God; she proceeds from spiritual energies which come from above (Mr 16:17-18). But as this divine institution is made up of men and has a historical, terrestrial existence, she projects herself and expresses herself in creations equally historical in which, nevertheless, she injects the inspiration and the mark of her own proper genius. It would not be difficult and it would be extremely interesting to show how this special genius has from the beginning inspired institutions which are essentially communal, and at the same time respectful of the person and of his liberty, and marked with the character of service. There is truly a special Christian genius at the level of social creations.~- The religious life is perhaps the most pure and most represen-tative creation of the spirit of the Church in this area of social realities. It is not in vain that she has always loved to compare herself with the model of the first community of Jerusalem. It is marvelous to see how on the collective and judicial plane religious rules and canon law have known how to translate into institutions and laws thecommands and the inspirations of the Gospel. As a result, the institutions of religious life, just as in a certain degree the canonical life of the Church herself, become a kind of preach-ing of and witnessing to the Gospel. It is no mere coincidence that it is always the same men who fail to recognize the existence of divine positive law in the world, who deny to the Church the quality of being an institution of divine law, and who misjudge, attack, and seek to thwart or sup-press religious life. One thinks of Josephinism, of Jacobinism, of our own French laicism in its virulent form. So the religious life is not only a sign of the heavenly kingdom; it is also, along with the 4XSee Cardinal Dechamps, Entretiens, in Oeuvres, I, 467 ft.; Dora Gr~a, De l'Eglise et de sa divine constitution, II (Paris, 1907), 152. Vernon Johnson was converted by the fact of Therese of Lisieux. 42Chateaubriand and even Montalembert are dated. But there are more recent and more technical studies: E. Chenon, Le rSle social de l'Eglise and the six volumes of the Carlyle brothers, A History of Mediaeval Political Theory in the West. 34 January, 1960 THEOLOGY OF RELIGIOUS WOMEN sacraments and the hierarchy, a sign of the Church as a separated order, a social and public reality placed ,in the world in virtue of the right God has to affirm and to establish his reign.43 In a world which wishes to be completely autonomous, religious life, situated at the heart of the Church's garden, presents the example of a life totally "theonomous." But it is common, it is normal, that signs should be, according to the dispositions of those to whom they are shown, a call to conversion or a sign of contradiction, a sign of opposition. They can also be, even for well-disposed men, signs which scandalize if they become sign~ that lie, or signs that are simply inadequate for their mission and their aims. There is also, in the religious life, and we think particularly of the religious life of women, a human element -- sometimes too human, sometimes not human enough! Pettiness, legalism, authoritarianism, pharisaism, the spirit of ownership, hardness of heart, lack of fraternal com-munion and failure to share human misery, taste for power, a judaic spirit in the way of considering observances, especially the least important ones, precisely those from which the Gospel has liberated us. Among the causes which brought on the death of Christianity, the betrayal of their true spirit in the last centuries of the Middle Ages by a number of monastic and religious insti-tutions has justly been noted.4~ When it is authentic, the religious life is a sign that the spiritual exists. Heaven exists, and that takes the value out of the the goods and the joys of earth. Not that they are not truly goods, truly joys, but they are so relative! For "this world as we see it is passing away" (1 Cor 7:31). The religious life proposes, without the noise of words, the message of death which the Church addresses to the world, not a sorrowful message -- who is more joyful than the religious man, if not the religious woman? -- but a serious and an important one. Again, the religious life verifies in a singular manner the essence of all Christian life, which is an Easter life, a mystery of life and of death, comprehended within the message of 4'~In this connection I recall the beautiful text of A. Lamy, "Bios angelikos," in Dieu vivant, n. 7, 76: "The function of monachism in the Church seems to be to affirm the citizenship of the Christian in the city of the angels arid to affirm his rights there by the exercise of them." Religious life is one ele-ment of the eschatological right which the Church affirms and translates into the world. On this basis it could be said that religious life is of divine right, not in its various historical forms, but in its essential principle. It flows from the transcendence of the Church with respect to the world and from the right possessed by every Christian to leave the world and to thus affirm his eschatological and spiritual royalty. ~See Fr. Heer, "L'h~ritage Europe," in Dieu vivant, n. 27 (1954), 43. 35 Yvzs M.-J. CO~AR Review for Religious Ash Wednesday, "Remember that you are dust and that you will return to dust" and that of Easter Day, "Remember that you are spirit and that you will return to the Spirit." The religious life, by its mere existence, is a witness to the world that God exists; it calls the world to the obedience of faith. On either side of the chancel which closes in the choir at the abbey of Maria Laach one may read these words of St. Paul:" "I, therefore, the prisoner in the Lord, exhort you to walk in a worthy manner" (Eph 4:1). The religious life, therefore, has its part in the great kerygmatic function of the Church, that is, in its .lifelong exercise of the mis-sion of announcing the Good News of the Kingdom. It is like a lasting sermon against the spirit of the world. Against its freedom-worshipping and anarchical taste for liberty, religious life affirms that one can bind himself to God, that one can, in the Holy Spirit, make a spiritual thing out of that which is corporeal, and make something stable out of that which changes. Against the world's obsessive defeatism before the evil which it inflicts on itself, the religious life affirms that one can conquer the flesh and push back the empire of the devil. Finally if it is true that the very word ecclesia means con-vocation, a gathering of men in response to a call, the cal! of the Kingdom of God, the religious life situates itself at the very source of the mystery of the Church. For the religious life is, both in its substance as well as in the first act which draws one to enter into it, a total listening to God. It is a reality in the image of Mary, Mary herself being, we know, the type, and even better than the type: the perfect personification of the Church as holiness. It is possible to think that in the wide sense everything is a vocation, because everything is a response to the will of God. But there are vocations in the strict sense, and it is correct to speak of "religious vocation." In the Church, as we have seen, the strong support the weakest; docility in the following of that which is strictly a voca-tion is like a compelling example, a sign and a support for the difficult fidelity to vocations in their larger acceptation. The abso-luteness of the response of religious women to their call supports the response of all others. It is necessary that religious women know that they contribute in this way to the continuation of the whole Church, somewhat as each star in the firmament is necessary for the balance of the whole. Spiritually we all have family respon-sibilities. A last remark of some importance ecclesiologically on the subject of the religious life as a response to a special call. In the 36 January, 1960 THEOLOGY OF RELIGIOUS WOMEN beginnings of Christianity, baptism ratified a personal choice, an eventually dangerous one, of the faith. It was the term of a con-version. It was truly a second birth, not only in the dogmatic sense which is always true, but in the moral sense and on the psycho-logical plane. Psychologists distinguish, since Francis W. New-man, 4~ the "once born" and the "twice born": those who are simply what they were at their entrance into the world plus the results of their being" formed by it; and those who have known a revela-tion, had a decisive ~xperience, heard a call, and are truly, per-sonally, born a second time. A man baptised at the termination of a personal conversion is, psychologically and morally, a "twice born." But, in the general practice, almost universal and one might even say automatic practice of baptism of the newly born, the Church is no longer made up of the twice born except by way of exception. But it is necessary that their moral race always be represented in her midst. She is "twice born" individually by the more or less large number of faithful who are truly born of a second birth. She is "twice born" institutionally especially because of the religious life. Moreover, historically the fact has often been brought out46 that the monastic life developed at the moment when, with the end of persecution and danger and the beginning of the favor of the powerful, large masses of people entered the Church, en-dangering the strength of her leaven. The vocation to asceticism has after a fashion taken the place of the vocation to martyrdom; monks have in a way taken over the status of the martyrs as signs of an absolute response given to an absolute call. The Church's religious life always has this mission of signifying that the Christian life is a second birth whose principle is a call. We will not treat here -- we have already done it briefly elsewhere47 -- an interesting problem, but more theoretical than practical, which was posed by the researches of M. Weber and E. Troeltsch. According to these Protestant authors, religious orders answer within the Church to the needs and the religious tempera-ment which outside the Church produces sects. These would be, sociologically speaking, of the "sect" type, not of the "church" type in so far as they are groupings, first, of volunteers, men who 4~The Soul. Its Sorrows and Its Aspirations. 3rd ed., 1852, 89 ft. 4GFor example, see M. Viller, "Martyre et perfection," in Revue d'ascd-tique et mystique, 6 (1925), 4-25; L. Bouyer, op. cit. n. 28, 89 ft. and his Vie de saint Antoine (Fontenelle, 1950); J. Winandy, Ambroise Autpert, moine et thdologien (Paris, 1953), 56; Ed. E. Malone, The Monk and the Martyr: The Monk as the Successor of the Martyr (Washington, 1950). 47Vraie et [ausse r~/orme dans l'Eglise (Paris, 1950), 288-92 (includes bibli-ography). 37 YVES M.-J. CONGAR Review for Religious come together in a group on the basis of a personal decision and who thus do not presuppose the existence of the group but con-stitute it; second, men who have achieved a break with the world and prefer the Gospel's opposition to terrestrial life to its universal-ism which necessarily involves compromise. Troeltsch sees in religious orders an ecclesiastical naturalization of tendencies which outside the Church result in sects. There is much truth in the analysis of Troeltsch, but only on its own psycho-sociological plane. Both above and below this level it errs. Without prejudice to other of his well made points, we be-lieve we have shown from the inside, that is to say from the view-point of the Church herself, that it is the mystery of the Church which is found to be the essential element in the life of religious orders and of each of their members. By way of conclusion, we would like to answer a question which it is impossible not to put in the context of what we have been considering. Is the religious life or is it not of the essence of the Church, and if it is, by what title? Papal teaching furnishes an answer and it will suffice merely to present it and explain it. Faced with "Americanism," Leo XIII already affirmed that religious orders are of great importance to the mission of the Church.48 But it was necessary to connect their existence with the end of the Church. The Church would not fully fulfill her mission if the institutions of religious life were lacking. If the end of the "missions," in the strict canonical sense of the word, is to "plant the Church" in such a way that she has in a given country or among a given people all her essential institutions, all the means of existence and of action, one understands why Pius XI demanded that on the missions as many religious orders and congregations as possible should be instituted, and that they should be made up of indigenous elements created in new and better forms, where the need for such arose29 His Holiness Pius XII made the matter still clearer in the constitution Provida mater of February 2, 1947, the charter of secular instutes. The two states of cleric and layman, he said, exist by divine right and are necessary to the Church in so far as she is a society constituted and structured hierarchically; they pertain to the essential structure (to the building) of the Kingdom of God 4sSee his letter Testern benevolentiae to Cardinal Gibbons, January 22, 1899, in Actes de Ldon XIII (Paris: Bonne Presse), V, 322-25; also the letter of December 23, 1900 to Cardinal Richard, ibid., VI, 188-89. ~gSee the encylical Rerurn Ecclesiae of February, 1926, in Acta Apostolicae Sedis, 18 (1926), 74. 38 January, 1960 THEOLOGY OF RELIGIOUS WOMEN on earth.5° The Church recognizes a third state, the religious state, which is common to the two preceding states, since it includes members of the faithful who, canonically, belong to the clerical or to the lay state; this religious state is bound by a strict and peculiar relationship to the end of the Church, sanctification.5~ One can say, then, that the religious state is not essential to the Church considered in her formal elements or in her static constitutives. A bishop and faithful suffice for a Church. From this comes the well-known definition of St. Cyprian, "A people one with its priest and a flock adhering to its shepherd, these are the Church.''~ Nevertheless, as soon as the Church lives she exercises the activities for which she was put into the world. These are the activities of the sanctification of men, that is to say, of their sub-mission to the Kingdom of God and, by that fact, of their entry into her communion. Here it is that the religious life steps in as the social form of existence most strictly conformed to the needs and the conditions of the Kingdom of God. And the religious life was first seen historically under the form of the institution of con° secrated virgins. Evidently, looked at in one or other of its par-ticular forms, religious life is a creation of the Church and stands out in her history. But, looked upon in principle, that is to say as the call to live only for God and for His kingdom, it holds a place at the very heart of the Church. In her quality as bride of Christ, it is included in the obligations and the laws of holiness which this Church pursues as her proper end. ~°Acta Apostolicae Sedis, 39 (1947), 116. In his al]ocution Annus sacer, the Holy Father, citing canon 107, said that "on earth the structure of the Kingdom of God consists of a double element" (Acta Apostolicae Sedis, 43 [1951], 27). ~See Provida Mater Ecclesiae and also Annus sacer, Acta Apostolicae Sedis, 43 (1951), 28: "[The religious state] exists and is important, because it is closely connected to the proper end of the Church which is to lead men to the attainment of sanctity." ~2Epistula 66, 8 (Hartel's edition, p. 732; Patrologia Latina, 4, 406 where it is listed, however, as Epistle 69). 39 Survey of Roman Documents R. F. Smith, S. J. THIS ARTICLE will provide a summary of the documents which appeared in Acta Apostolicae Sedis (AAS) during August and Sep-tember, 1959. Throughout the article all page references will be to the 1959 AAS (v. 51). Encyclical on the Priesthood On August 1, 1959 (AAS, pp. 545479), Pope John XXIII issued the second encyclical of his pontificate. The encyclical was entitled Sacerdotii Nostri primordia (The First Days of Our Priesthood); oc-casioned by the Pontiff's desire to honor the hundredth anniversary of the death of St. John Vianney, Cur~ of Ars, the document is devoted to a consideration of the priesthood as exemplified in the life of the saint. The introductory paragraphs recall the temporal links between the official glorification of St. John and the Pontiff's own priesthood: the future saint was beatified shortly after the Pope's own ordination to the priesthood; the first bishop the Pope served, Bishop Radini- Tadeschi, was consecrated on the day of the beatification; and the Pope received the fullness of the priesthood in the year (1925) when the Cur~ of Ars was declared a saint. The Holy Father then lists the great papal documents on the priesthood that have appeared during the present century: Pius X's Haerent animo (Acta Pii X, 4, 237-64); Plus XI's Ad catholici sacerdotii fastigium (AAS, 28 ~19361, 5-53); Pius XII's Menti Nostrae (AAS, 42 [1950], 657-702); and the same Pontiff's three allocutions on the priesthood inspired by the canonization of Plus X (AAS, 46 119541, 313-17; 666-77). To these documents the Pope has now added his own in the hope that it may aid priests to preserve and increase that divine friendship which is at once the joy and strength of the priestly life. In expressing the purpose of the encyclical the Vicar of Christ remarked that he intended to retrace the chief traits of the holiness of the Cur~ of Ars, since these emphasize those aspects of the priestly life which, while always essential, are today so vital that the Pontiff has deemed it his apostolic duty to call attention to them. Priestly Asceticism and Mortification In the first of the three parts of the main body of the encyclical the Pope considered the priestly asceticism and mortification of the Cur~. To speak of the saint, he began, is to evoke the figure of an 4O ROMAN DOCUMENTS exceptionally mortified priest who for the love of God deprived himself of nourishment and sleep, practiced severe, penances, and exercised a heroic self-renouncement. His example, the Holy Father said, should recall to all the important place of the virtue of penance in the perfec-tion proper to the priesthood. While it is true that priests as such are not bound by divine law to the evangelical counsels, still this does not mean that the priest is less bound than religious to strive for evangelical perfection of life. Rather the accomplishment of the priestly functions "requires a greater interior sanctity than even the religious state does" (St. Thomas Aquinas, Summa Theologiae, 2-2, 184, 8, c). And if the evangelical counsels are not imposed on the priest by virtue of his clerical state, nevertheless they are offered to him, as to all Christians, as the safest road to the longed for goal of Christian perfection. The Cur~ of Ars, continued the Pope, is a model of evangelical poverty; he lived totally detached from the things of this world. Freed in this way from the bonds of material things, he could thereby be entirely open to all those who suffered and who flocked to him for solace. His disinterestedness made him especially attentive to the poor whom he treated with tenderness and respect, convinced that to con-temn the poor is to contemn God Himself. Priests, then, if they possess material things, should not cleave to them with cupidity; rather should they recall the directives of canon law (c. 1473) according to which what is left over from ecclesiastical benefices should be used in favor of the poor and of pious causes. The Pontiff, however, made it clear in the closing part of this section that he does not approve the abject poverty to which many priests in small towns and in the country are reduced, and he urged the faithful to cooperate with the bishops to see that the sacred ministers be not lacking in what is necessary for their daily sustenance. Turning to the second of the evangelical counsels, the Vicar of Christ then pointed out that all through his life the Cur~ was mortified in his body and that this was achieved by his constant and careful observance of chastity. His example, the Pope pointed out, is most necessary today; for in many places priests must live in an atmosphere of excessive license and pleasure. And at times they must live in such an atmosphere unsupported by the sympathetic understanding of the faithful they serve. In spite of these difficulties John XXIII called upon priests to show forth in their entire lives the splendor of the virtue of chastity, that noblest ornament of their sacred order, as Pius X called it. The chastity of the priest, he added, will not enclose him in a sterile egoism; for as the Cur~ of Ars himself once said: "The soul that is adorned with the virtue of chastity can not but love others; for such a person has found the source and origin of all love---God." The next component of the Cur~'s asceticism to be considered by the Holy Father was his obedience. The Pontiff emphasized that the 41 l~ F. SMtT~ Rewew for Rehgmus "I promise" of the Cur$'s ordination ceremony was the occasion of a permanent self-renouncement that lasted throughout forty years. From early youth the ardent desire of the Cur~ had been for solitude, and his pastoral responsibilities were a heavy burden preventing him from the fulfillment of this desire; many times he tried to be freed from his pastoral work but always remained obedient to the will of his bishop, convinced as he was of the Gospel phrase: "Whoever hears you, hears me" (Lk 10:16). The Vicar of Christ then expressed the hope that the priests of today would see in the Curg the grandeur of obedience and would recall the words of Pius XII: "Individual holiness as well as the efficacy of all apostolic work finds its solid foundation in constant obedience to the hierarchy." Accordingly priests should endeavor to develop in themselves the sense of the filial relationship by which they are united to Mother Church. Prayer and Devotion to the Eucharist In the second principal division of the document, John XXIII reflected on St. John as a model of prayer and of devotion to the Eu-charist. Prayer, he said, was as important in the saint's life as was penance and mortification. His love for prayer was shown in his long nightly vigils of adoration before the Blessed Sacrament; the tabernacle of his parish church became for him the center from which he drew the strength necessary for his own personal life and for the effectiveness of his apostolic endeavors. This example of the Cur6, the Vicar of Christ pointed out, is sorely needed by the priests of today; for they are keenly sensible of the effectiveness of action and hence easily tempted to a dangerous activism. The Cur~ of Ars should convince priests everywhere that they must be men of prayer and that they can be such, no matter how heavy the press of apostolic labors may at times become. The prayer of the Cur~, he continued, was especially a Eucharistic prayer; for nothing in the life of a priest can replace silent and prolonged prayer before the altar. Nor should it be forgotten that Eucharistic prayer in the fullest sense of the word is to be found in the sacrifice of the Mass. The celebration of the Mass is an essential part of the priestly life, for in what does the apostolate of the priest consist if not in the gathering together of the people of God around the altar? It is through the Mass that in one generation after another the mystical body of Christ that is the Church is built up. Moreover the entire sanctifica-tion of the priest must be modeled on the sacrifice he offers; the priest must make his own life a fitting sacrifice, a participation in the expiatory life of the Redeemer. It was for this reason that the Cur~ used to ob-serve that if priests lose the first fervor of their ordination it is because they do not celebrate piously and attentively. 42 January, 1960 ROMAN DOCUMENTS Pastoral Zeal In the third part of the encyclical the Vicar of Christ delineates the pastoral zeal of St. John Vianney. The Curg's life of asceticism, he observed, together with his life of prayer was the source from which flowed the effectiveness of his ministry; in him is verified once more the statement of Christ: "Without me you can do nothing" (Jn 15:5). As a result, the Curg was a model shepherd of souls who knew his flock, protected it from danger, and led it with authority and wisdom. His example, the Pope continued, included three points of utmost import-ance. The first of these was his keen appreciation of his pastoral re-sponsibilities. From the beginning he conceived of his pastoral work in heroic fashion and expressed his attitude in one of his early prayers: "Grant, O God, that~ the people entrusted to me may be converted. For this I am prepared to suffer all the days of my life whatever You may wish." Following the example of apostles of all ages he saw in the cross the one great effective means of saving souls; so it was that he could advise a fellow priest who was disappointed in the results of his apostolic endeavors that prayer, supplications, sighs, and groans were insufficient unless there was added to them fastings, vigils, and bodily chastisement. Besides his general sense of his pastoral responsibilities the Curg manifested his pastoral zeal by his interest and care for preaching and catechizing. Up to the time of his death St. John never ceased to preach, to instruct, to denounce evil, and to lead souls towards God. This should remind today's priests, the Pope said, that everywhere and at all times they must be faithful to their duty of preaching; for, as Pius X insisted, no task of the priest is more important than this. And in their reflections upon their duty to teach, priests should remember that they preach more by their lives than by their words. The third element in the pastoral zeal of the Cur~ of Ars was, according to the encyclical, his work as confessor. It was this form of his ministry that became the real martyrdom of his life. His fifteen hours a day in the confessional would have been difficult in any case; but these were spent by a man already exhausted by fasting, penances, and infirmities. It can be said, the Pope continued, that the Cur~ lived for sinners; their conversion and sanctification was the aim of all his thoughts and of all his activities. Like the Cur~ priests must devote themselves to the work of the confessional, for it is there that the mercy of God meets and overcomes the malice of men. And they must set their people a good example in this matter by their own regular and fervent use of the sacrament of penance. In the conclusion to the encyclical the Pontiff expressed the desire that the centenary of the Curg may arouse in all priests a desire to accomplish their ministry and especially their own perfection as gen-erously as possible. No problem facing the Church today, he added, 43 R. F. SMITH Review for Religious can be solved without priests. As Plus X said: "To promote the King-dom of Christ throughout the world, nothing is more necessary than a holy clergy." Similarly St. John himself pointed out to his bishop: "If you wish to convert your diocese, you must make saints of all your priests." The Pontiff went on to urge the bishops of the world to make the care of their priests their first solicitude; he exhorted the faithful to pray for priests and to contribute to their sanctification; and he pleaded with Christian youth to reflect that "the harvest is great, but the harvesters are few" (Mt 9:37) and that entire peoples are today enduring a spiritual starvation far greater than any hunger of the body. Allocutions, Addresses, Messages On July 29, 1959 (AAS, pp. 586-89), the Holy Father addressed a congress of the blind and those interested in assisting the blind of the world. Pointing out to his audience that in Jesus' ministry of healing the first place was reserved for the blind, the Pontiff went on to deliver a message of hope to the blind of the world. They must remember, he began, that they have a suffering to offer up to God. In spite of all efforts to ease the lot of the blind, they will always be subject to dis-couragement, loneliness, and the weight of sorrow that blindness carries with it. Yet they must recall that according to the Apostle (Col 1:24) men must fill up what is lacking to Christ's passion and that in the redemptive plan the Lord has need of the daily offering of suffering on the part of the blind. The Vicar of Christ also pointed out that the blind have a definite mission to perform in this world, the mission of silent example that only one thing matters in this world: the love with which the will of God is accomplished. And he added that nothing on tbis earth is loss, as long as conformity with God's will is present. In the concluding part of his address the Pope recalled to his listeners that their goal is that of eternal life and that their journey thither is supported by the words of Christ: "Whoever follows me walks not in darkness, but has the light of life" (Jn 8:12). Blindness, he ended, can prepare those afflicted with it for the shining luminosity which will come in the next life from the glorified Christ. On August 20, 1959 (AAS, 639-41), the Pontiff radioed a message to the Second World Sodality Congress held at Newark, New Jersey. He told the sodalists that they were in the first ranks of the Church's army and stressed in their lives the role of their consecration to the Blessed Virgin, a consecration which of its nature includes the proposal to keep it throughout life. From this consecration, he continued, arises the desire to wish for nothing except what is pleasing to God and the resolution to strive by prayer, action, and example to serve the Church and to work for the eternal salvation of souls. On July 21, 1959 (AAS, pp. 584-85), the Holy Father delivered an allocution to the Prime Minister of Japan on the occasion of that 44 January, 1960 ROMAN DOCUMENTS dignitary's official visit to the Holy See. On August 16, 1959 (AAS, pp. 638o39), he delivered a radio message to the people of.Honduras on the occasion of the official consecration of their nation to the Sacred Heart of Jesus and the Immaculate Heart of Mary, telling them to strive to live in the grace of God, to preserve the sanctity of the family, and to maintain union and concord among themselves. On June 30, 1959 (AAS, p. 589), the Holy Father sent a written message to the Tenth World Boy Scout Jamboree held in the Philippine Islands. In the message he pointed out that the boy scout movement can produce admirable fruits in accordance with the ideals of Christian charity and universal brotherhood. Miscellaneous Documents By the apostolic letter, "Caritatis unitas," of May 4, 1959 (AAS, pp. 630-33), the Vicar of Christ approved the confederation of the various congregations of the Order of Canons Regular of St. Augustine. At the same time he also approved the general principles which are to govern the confederation and directed the members of the confedera-tion to draw up specific statutes for the confederation which should then be submitted to the Holy See for approval. A later apostolic letter, Salutiferos cruciatus Christi, dated July 1, 1959 (AAS, pp. 634-36), was directed to the Passionists. In the letter the Pontiff approved the revised form of the Passionists' constitutions and rules. He noted that the revision was undertaken in an effort to adapt the institute to the needs of the times and observed that in the revision the primary and fundamental characteristics of the institute had been reasserted, strengthened, and made more effective. On July 8, 1959 (AAS, pp. 592-93), the Sacred Congregation of Rites issued a decree approving the Office and Mass of St. Lawrence of Brindisi, confessor and doctor. The text of the Office, of the Oration of the Mass, and of the notices to be inserted into the martyrology is given in AAS, pp. 593-94. Another decree of the same Congregation was dated February 13, 1959 (AAS, pp. 590-92); this decree approved the introduction of the causes of the Servant of God Salvatore Lilli (1853-1895), professed priest of the Order of Friars Minor, and his companions, all of Whom were put to death in hatred of the faith. In the period under survey three documents of the Sacred Apostolic Penitentiary appeared. Under the date of July 18, 1959 (AAS, pp. 595-96), the Penitentiary published the revised text of the act of dedi-cation to Christ the King as well as its attached indulgences. This document is given in full on pages 3 and 4 of the present issue of RE-VIEW FOR RELIGIOUS. On August 13, 1959 (AAS, pp. 655-56), the Penitentiary published the text of a prayer composed by the Sacred Congregation of Seminaries and Universities to be recited by semi-narians for their parents. Seminarians who devoutly and contritely recite the prayer for their parents may gain an indulgence of fifty 45 VIEWS, NEWS, PREVIEWS Review for Religious days; and once a month they may gain a plenary indulgence under the usual conditions provided they have recited the prayer for a whole month. On the same date (AAS, p. 656), the Penitentiary announced that the faithful who in a church, a public oratory, or (in the case of those legitimately using it) a semi-public oratory privately perform the pious exercise commonly called the holy hour in memory of the passion, death, and ardent love of our Lord Jesus Christ may gain a plenary indulgence, if they have gone to confession, received Com-munion, and prayed for the intentions of the Holy Father. This new concession of an indulgence for this practice is not intended to abrogate the partial indulgence of ten years mentioned in the Enchiridion in-dulgentiarum (Manual of Indulgences), 1952 edition, n. 168. On May 18, 1959 (AAS, p. 647), the Sacred Consistorial Congrega-tion appointed Archbishop Concha of Bogot~ military vicar of Columbia. Views, News, Previews IN A PREVIOUS issue (Review for Religious, 18 [1959], 237), the beginning of a new quarterly, Jesus Caritas, was noted. Response to the new magazine, which is devoted to the spirituality of P~re de Foucauld, has been sufficient to warrant the continuation of its publi-cation. The latest issue has been that of September, 1959. The yearly subscription price has been set at $1.00; in Canada and the United States subscription orders should be sent to: Jesus Caritas 700 Irving Street, N.E. Washington 17, D. C. The first congress of the Confederation of Benedictine Congrega-tions to be held since the promulgation of the confederation's laws by Pius XII in 1952 took place during the latter part of September, 1959. At the congress Dom Benno Gut, Abbot of Einsiedeln in Switzerland, was elected Abbot Primate of the Confederation. The new primate was born on April 1, 1897, was professed in 1918, and ordained in 1921. After studies and a teaching career at Sant'Anselmo in Rome, he was elected abbot of Einsiedeln in 1947. The Cassinese Benedictine Congregation, largest of the fifteen included in the Benedictine Confederation, in a general chapter at Subiaco during October, 1959, elected Dom Celestino Gusi, Abbot of Manila, as the eleventh Abbot General of the congregation. The Graduate Department of Religious Education, Immaculate Heart College, 2021 North Western Avenue, Los Angeles 27, Cali- 46 January, 1960 VIEWS, NEWS, PREVIEWS fornia, announces a two-week course in canon law for religious superiors, which will grant two units of graduate credit. The course, conducted by the Reverend Joseph F. Gallen, S.J., professor of canon law at Woodstock College, Maryland, will be open to major and local su-periors of all communities of sisters. It is scheduled for the afternoons of June 28 to July 9, 1960. The tuition is $32. The fourth course in the new program in ascetical theology, which is offered in the Graduate Department of Religious Education, Im-maculate Heart College, will be given by the Reverend Eugene Burke, C.S.P., professor of dogmatic theology at Catholic University of America, from July 11-15, 1960. The course is entitled "The Life of Grace and Growth of Virtue" and grants one unit of graduate credit. Sisters who did not apply for admission to the M.A. program when it began in October, 1959, may apply for admission now. Residence ac-commodations are available for the five-day course at Holy Spirit Retreat House in Los Angeles. All reservations must be made before June 1, 1960, and be accompanied by a ten-dollar deposit. Room and board is $20; tuition is $17.50. Inquiries should be directed to Sister Mary Thecla, I.H.M., Dean of the Graduate School, Immaculate Heart College. A new publication that should prove both interesting and important is the Seminary Newsletter, the first issue of which appeared in October, 1959: The Newsletter is issued by the Seminary Department of the National Catholic Educational Association and "is meant to be a clearinghouse of information about seminaries and seminary training, especially from the academic point of vigw; a clearinghouse of ideas, projects, and results of research." Included in the first issue of the Newsletter is an informative statistical report on Catholic seminaries in the United States. According to the report, during the academic year 1958-1959 there were 381 major and minor seminaries in the United States; of these 99 were diocesan institutions, the other 282 belonging to religious orders and congregations. The report notes "that 131 of the 381 seminaries in the United States have been founded since 1945; 108 since 1950. This means that 34% of the total number have been founded since World War II, 28% of them since 1950. It represents a 53 % increase in the number of seminaries since 1945 and a 40% increase since 1950." The report gives 38,503 as the total num-ber of young men studying for the priesthood in the United States. This number includes besides minor and major seminarians 2082 novices as well as 920 scholastics who have interrupted their seminary studies to teach. In REVIEW FOR RELIGIOUS, 18 (1959), 304-05, Father Gallen discussed the quest~ion whether more American congregations are be- 47 QUESTIONS AND ANSWERS Rewew for Rehgmus coming pontifical and presented some statistics on the matter covering the years 1943 to 1957. A study of L'attivit~ della Santa Sede nel 1958 (The Activity of the Holy See in 1958), published in 1959 by the Vatican Polyglot Press gives data from the year 1958 on the same matter. According to the report of the Sacred Congregation of Religious that is given in the volume, during 1958, fifteen institutes received the decree of praise; two of these were in the United States: the Missionary Servants of the Most Blessed Trinity (M.S.B.T.) of Philadelphia founded in 1916 and the Missionary Sisters of the Most Holy Trinity (M.S.SS.T.) of Washington founded in 1921. The Congregation also reported that during 1958 there were seventeen institutes which re-ceived the definitive approval of their constitutions; of these none was in the United States. The Congregation's report also contained informa-tion about secular institutes: two secular institutes were granted diocesan establishment, one received the decree of praise, and one, the decree of final approbation; none of these four was in the United States. During the same year the Sacred Congregation of the Propagation of the Faith granted the decree of praise to one institute in Ireland and gave definitive approval to the Daughters of Mary of Uganda, Africa. It is interesting to note that this last institute is the first pontifical African institute for women. ( uestions and Answers IThe following answers are given by Father Joseph F. Gallen, S. J., professor of canon law at Woodstock College, Woodstock, Maryland.] Our constitutions command the mistress to be with the novices always and, if she should be absent from the house, to learn on her return everything that happened during her absence. I do not think that any mistress has followed either injunction literally, but these two prescriptions have caused a highly exaggerated surveillance. Shouldn't the observance of both be tempered by intelligent prudence? Yes. The first injunction, that the mistress should be with the novices always, is in many constitutions, the second only in very few. The first injunction is also and unfortunately observed in many insti-tutes. This is an evidently false spiritual pedagogy. It simply does not work in any field of the development of character and it is unworthy of the religious state, which is a spontaneous, voluntary, and personal dedication of oneself to Christ. The fundamental purpose of the novice-ship is to give the novice a profound consciousness of God, not of the master or mistress. The novice is to be led to a convinced personal dedication of herself to God; her life is to be a personal committment, 48 January, 1960 QUESTIONS AND ANSWERS not forced external observance; she is to be trained to think for herself, to personal decisions, and to a sense of responsibility and reliability. The noviceship should be a school that will equip the novice for the life she will actually have to live. She should be instructed and guided but allowed sufficient freedom of action; otherwise you will know what she appears to be but not what she is. She should be checked and corrected, and even more frequently than is commonly done; but this does not demand unceasing vigilance. The more a superior tries to see, the less he will learn. No superior has to try to see everything in order to learrL what he should know. I hazard the conjecture that reticence about interior matters increases in direct proportion to external observation. That the novice mistress or her assistant should be with the novices frequently is intelligent and prudent; that she should be with them always is simply destructive of the purpose intended. Only God. can see everything, and God as one's judge is not the motive of the religious life. The following quotation from a religious woman contains several thought-provoking observations. The principles for the formation of character in congregations are for the most part taken from a psychology of a distant past. This, in the case of women, only aimed at creating habits of will power, furnishing the mind with knowledge learnt by heart, and very little was done to appeal to the interest. They disregarded the education of the senses, any development of initiative and sense of responsibility and the deep needs of feelings. The new psychology seeks to develop the virtues and activities that they may adapt themselves and form personalities . Deeper problems lie in the change of the feminine way of living. In the depth of her being the woman is rather passive. In past centuries the life of a woman matched this interior disposition, but today matters have changed. Modern life forces woman to greater independent activity. She has had to take over responsible work both in private and public life. Her mode of living gets nearer to the masculine type, though at the expense of her individuality. (Sister Agnes, S.I-I.C., Religious Life Today, 162-63.) 2 Our constitutions do not mention at all the canonical requisites for a higher superior. You have already explained these partially. Will you please explain them fully? Canon 504 demands the three personal qualities listed below for the valid election or "appointment of any higher superior of men or women. Age is the only variable element among the three canonical requirements. All of these three impediments established in canon 504 are dispensable but only by the Holy See. The higher superiors in the sense of this canon are the abbot primate; abbot superior of a mon-astic congregation; the abbot .of an independent monastery, even if the monastery appertains to a monastic congregation; the mothers general and regional of federations and superioresses of monast
The Situation In Guinea-Bissau Report Of The Secretary-General On Developments In Guinea-Bissau And The Activities Of The United Nations Integrated Peacebuilding Office In ; United Nations S/PV.8186 Security Council Seventy-third year 8186th meeting Thursday, 22 February 2018, noon New York Provisional President: Sheikh Al Sabah . (Kuwait) Members: Bolivia (Plurinational State of). . Mr. Llorentty Solíz China. . Mr. Ma Zhaoxu Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Temenov Netherlands. . Mr. Van Oosterom Peru. . Mr. Meza-Cuadra Poland. . Ms. Wronecka Russian Federation. . Mr. Nebenzia Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Mr. Hickey United States of America. . Ms. Eckels-Currie Agenda The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-04815 (E) *1804815* S/PV.8186 The situation in the Middle East 22/02/2018 2/19 18-04815 The meeting was called to order at 12.10 p.m. Adoption of the agenda The agenda was adopted. The situation in the Middle East The President (spoke in Arabic): In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting. In accordance with rule 39 of the Council's provisional rules of procedure, I invite Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator to participate in this meeting: Mr. Lowcock is joining the meeting via video-teleconference from Geneva. The Security Council will now begin its consideration of the item on its agenda. I give the floor to Mr. Lowcock. Mr. Lowcock: My colleagues and I have given the Security Council a lot of updates on the situation in eastern Ghouta over the past three months. I want to start today by bringing members some voices directly from eastern Ghouta. The Office of the Special Envoy in Geneva has, just in the past three days, received thousands of messages on instant messaging applications from civilians there. They are pleading for help. Here is one of them, from a humanitarian worker in the area — a person well versed in international humanitarian law: "During the past two months, military operations turned into a process of systematic targeting of civilians. Most air raids have intentionally targeted civilian residential buildings. Whole families have died under the rubble. Today, and as battles intensify, I call on you, as a father now expecting my first child to be born, and as a humanitarian worker trying to maintain what is left of life, to act to stop the systematic operations against civilians and open the roads for humanitarian assistance." Here are more voices. "There are entire families being targeted. A mother and her three children. Four pregnant women; one died, another is in a critical condition, the third lost her baby, and the fourth is under observation. A young girl lost both eyes, and it is continuing." "We do not want war, we do not want war, we do not want war." "Can you hear our messages, voices and fear?" "Our situation is so tragic. Our basements are not safe and lack basic needs. Help us, be with us." "Instead of saying 'no more', the world is saying 'one more.'" As representatives of Member States, all here aware that their obligations under international humanitarian law are just that — they are binding obligations. They are not favours to be traded in a game of death and destruction. Humanitarian access is not a nice-to-have; it is a legal requirement. Counterterrorism efforts cannot supersede the obligation to respect and protect civilians. They do not justify the killing of civilians and the destruction of entire cities and neighbourhoods. The Council has been briefed in minute detail, month after month, on the scale of the suffering of the Syrian people. Our reports have indeed been endless: dead and injured children, women and men; airstrikes, mortars, rockets, barrel bombs, cluster munitions, chemical weapons, thermite bombs, suicide bombs, snipers, double-tap attacks on civilians and the essential infrastructure they depend on, including hospitals and schools; rape, illegal detention, torture, child recruitment and sieges of entire cities reminiscent of medieval times. Over the past 24 hours, heavy shelling and aerial bombardment of multiple communities in eastern Ghouta have reportedly continued, resulting in the deaths of at least 50 people and wounding at least 200. According to some sources, the total death toll since 19 February is close to 300 people. Twenty-three attacks on vital civilian infrastructure have been reported since 19 February. At least seven health facilities were reportedly hit on 21 February. The only primary health-care centre in Modira town was reportedly rendered out of service by airstrikes. A hospital in Duma city sustained significant damage from nearby barrel bombs. Also in Duma city, an obstetrics centre was damaged A hospital in Jisrein town was reportedly attacked, resulting in the death of a nurse. The two Syrian Arab Red Crescent centres in Duma city and Harasta town were reportedly damaged 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 3/19 by the bombardment. Meanwhile — and this is also a point I have consistently emphasized — mortar shelling from eastern Ghouta is reportedly killing and injuring scores of civilians in Damascus city, too.Members all know the statistics of this conflict. They know that half the Syrian population has either fled the country or faced repeated internal displacement. These people have lost everything. They have seen their homes destroyed, their neighbours killed, their loved ones disappear. Everyone knows that the repeated confirmed or alleged chemical attacks in Syria have killed and terrorized Syrian civilians.Eastern Ghouta is a living example of an entirely known, predictable and preventable humanitarian disaster unfolding before our eyes. Everyone knows that nearly 400,000 people are besieged and that they have been besieged for more than four years. Everyone knows that in eastern Ghouta thousands upon thousands of children are facing acute malnutrition the likes of which we have not seen elsewhere in Syria since the onset of the conflict. Everyone knows that more than 700 people are in need of urgent medical evacuation to hospitals just miles away in Damascus city.We have all seen in recent days the images of bombs and mortars raining down on bakeries and medical facilities. According to reports documented by United Nations human rights colleagues, at least 346 civilians have been killed since the beginning of this month and close to 900 people have been injured. Members all heard the Secretary-General yesterday, in the Chamber, describing eastern Ghouta as "hell on Earth" and saying that we cannot "allow things to go on happening in this horrendous way". They also heard him pleading for "the immediate suspension of all war activities in eastern Ghouta" (S/PV.8185, p. 2).Earlier this week, UNICEF issued a blank statement, as it could no longer find the words to describe the brutality of this war. Its only message was that "no words will do justice to the children killed, their mothers, their fathers and their loved ones."This appalling violence is happening as we face significantly increased constraints on our ability to reach people trapped behind conflict lines. In recent months we have encountered greater difficulties in accessing people in hard-to-reach and besieged areas, particularly through cross-line convoys, than during any period since 2015. Since 1 December, for nearly three months, we have been able to deploy only three cross-line convoys, reaching just 67,200 people. Only 7,200 of those people were in besieged areas, less than 2 per cent of the overall besieged population. In 2017, through November, approximately 53 cross-line convoys reached people in need, an average of nearly five convoys per month. A cumulative total of nearly 2 million people were reached in the first 11 months of 2017, or around 175,000 people per month. Therefore in 2017 we reached 175,000 a month; in the past three months we have reached 22,000 a month. Those are not reports or allegations. We have complete, factual information on this, because they are our convoys.Moreover, the 2017 access levels were themselves nearly 40 per cent below our access levels in 2016. Access is not only limited on aid deliveries, but we are also seeing growing challenges to our ability to independently assess needs on the ground and to monitor aid delivery.When an entire generation is robbed of its future, when hospital attacks have become the new normal, when sieges of entire cities and neighbourhoods have become a lasting reality for hundreds of thousands of people, the international community must take urgent and concrete action. I have said this before and I will say it again. What we need is a sustained cessation of hostilities, and we need it desperately — a cessation of violence that will enable the immediate, safe, unimpeded and sustained delivery of humanitarian aid and services, the evacuation of the critically sick and wounded and an alleviation of the suffering of the Syrian people.The Council can still save lives in eastern Ghouta, and elsewhere in Syria. I urge it to do so. Millions of battered and beleaguered children, women and men depend on meaningful action by the Council.The President (spoke in Arabic): I thank Mr. Lowcock for his briefing.I shall now give the floor to those members of the Council who wish to make statements.Mr. Nebenzia (Russian Federation) (spoke in Russian): We are grateful to you, Mr. President, for the prompt response to our delegation's proposal to convene a special meeting on the situation in eastern Ghouta, in Syria. That certainly does not mean that other problematic areas require any less attention. In particular, not long ago, at our initiative, the Security Council discussed the dire situation in Raqqa in detail. S/PV.8186 The situation in the Middle East 22/02/2018 4/19 18-04815 And in general, over the past month we have revisited Syria's humanitarian issues more than once. I would like to ask Council members to listen carefully to what I have to say.It is past time to discuss frankly what is going on in this Damascus suburb. The mass psychosis in global media outlets of the past few days, working in coordination to circulate all the same rumours, is certainly not contributing to an understanding of the situation. When eastern Aleppo was in the news, propagandistic disaster scenarios were put forward for it — a city where, after it was liberated from the terrorists, warehouses full of medicines and medical equipment were discovered. At the time we demanded that the Secretariat conduct an investigation, but the report presented to the Security Council was blatantly superficial.We are constantly seeing images of the activities of the White Helmets, who pass themselves off as rescuers. They were long ago shown to be supported by generous foreign assistance, and they work closely with terrorist groups. As a general rule, they serve as the original sources of well-rewarded disinformation. We are given the impression that the whole of eastern Ghouta consists of nothing but hospitals and that it is the hospitals that the Syrian army is attacking. That is a well-known tactic in information warfare. It is a very well-known fact, however, that the militants everywhere make a habit of locating their military facilities in medical and educational institutions, but for some reason that inconvenient truth is not advertised.It would be a good idea to begin with the fact that there are still several thousand defiant militants in eastern Ghouta, including some affiliated with terrorist organizations, mainly Jabhat Al-Nusra. Some time ago, they breached the agreement on a cessation of hostilities with an attack on an armoured tank unit of the Syrian armed forces in Harasta. They are shelling Damascus, and the intensity of the attacks increases daily. Dozens of missiles are launched every day, and not a single area of the capital has been spared. For some reason, those statistics are not being taken into account by United Nations representatives, although the Permanent Mission of Syria distributes them regularly. We have pointed out that in a 20 February statement, an official representative of the Secretary-General described factual information as "reported" (see S/PV.8183). And today the Under-Secretary-General talked about reported shelling. But those reports could easily have been verified by United Nations staff if they had inspected the areas of destruction and visited the victims.The Russian Embassy facilities have been repeatedly shelled, and each time the same delegations in the Security Council have made up excuses to lay off the blame for these terrorist acts. One is compelled to conclude that someone is purposely helping the criminals avoid accountability. Incidentally, we are disturbed by the fact that not so long ago, representatives of some delegations who view themselves as leaders in the protection of human rights and international humanitarian law quite seriously said that the damage resulting from the shelling in Damascus did not reach a level deserving of the attention given to eastern Ghouta. Our immediate response was to ask how many people have to die to attain, as it were, the gold standard of sympathy? There has been no answer. Is it appropriate to pass over the tragedies in Ramadi, Fallujah, Mosul and Raqqa in silence while drumming up hysteria about Madaya, Daraya, eastern Aleppo and eastern Ghouta, encouraging militants to to further humiliate civilians?Incidentally, the coalition forces' methodical destruction of Raqqa is extremely recent. The memory of it is hardly likely to have faded so quickly. For some reason, when the Coalition bombing flattened Raqqa, no one sounded the alarm, demanded compliance with international humanitarian law or proposed an immediate ceasefire. Yes, the Coalition smoked the Islamic State in Iraq and the Levant (ISIL) out of Raqqa. We know that. But with that done, the United States has forgotten about the city. No one is clearing any mines there. Who is aware of the fact that as many as 50 returning civilians are blown up by mines in Raqqa every day? Nor do we see much enthusiasm from these famous activists about the worst humanitarian crisis of our time, which happens to be unfolding against the backdrop of the armed conflict in Yemen.The militants have turned the people who are left in eastern Ghouta into hostages who are not allowed to leave the area under rebel control through the Al-Wafideen checkpoint. The Russian Centre for Reconciliation of Opposing Sides has urged the illegal groups to lay down their arms and resolve their status, but they broke off negotiations yesterday, on 21 February. It is quite obvious that they do not care about the life and safety of the residents of eastern Ghouta, whom they use as human shields to hide behind. Their aim consists of continuing to negotiate 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 5/19 tactical and logistical advantages for themselves. That does not seem to particularly worry these groups' foreign sponsors, who might be able to exert crucial influence on them. But no, they would rather maintain the status quo and organize loud campaigns blackening Syria and Russia.Energy is also being wasted on fragmenting the international efforts regarding a settlement in Syria. Instead of giving due backing to the Astana de-escalation process and the Syrian National Dialogue Congress in Sochi, which have become an important support to the inter-Syrian negotiations under the auspices of the United Nations in Geneva, we see ongoing backroom efforts designed to openly undermine the work being done through those platforms. On top of that, exclusive clubs are being created, one striking example of which is the so-called International Partnership against Impunity for the Use of Chemical Weapons, which undermines the established frameworks for international cooperation on non-proliferation. We know that preparations are being made for an unofficial presentation of that initiative in Geneva. We would like to reaffirm our position in that regard, which is that in view of the neutral status of respected international organizations such as the United Nations and the Organization for the Prohibition of Chemical Weapons, representatives of their secretariats should not be associated with narrow initiatives such as these, which do not enjoy universal support.Many are now asking the logical question of how de-escalation in eastern Ghouta and other problematic areas of Syria can be achieved as soon as possible. The delegations of Sweden and Kuwait have come up with their recipe for this, in their role as informal monitors of the humanitarian dimension of the Syrian conflict in the Security Council. Their draft resolution — which has now been officially prepared for a vote, despite the fact that the authors know perfectly well that there is no agreement on it — proposes an apparently simple idea, which is the establishment of a ceasefire throughout Syria for not less than 30 days. We would very much like to know how such a truce will be guaranteed, but we have had no intelligible answers. The important thing, they say, is adopting the decision, and we can come up with the details later. An issue as complex as the Syrian conflict does not respond to such logic. We have been through this before, including, once again, in the case of eastern Aleppo.In principle, a ceasefire would be extremely significant, and not just for ensuring the delivery of humanitarian aid. The challenge is in how to achieve it. What we need here is not resolutions for the sake of resolutions, but measures that correspond to the realities on the ground. We are constantly talking about ensuring that the Security Council agrees on feasible decisions that are not divorced from reality or that cater to populist demands. This is about the credibility of the principal organ of the United Nations, responsible for the maintenance of international peace and security, in accordance with the Charter, whose purposes and principles we were discussing only yesterday. If we could stop the violence in crisis zones with resolutions, we would already be living in a completely different world.It will take long and hard work with the sides to the conflict to stabilize the situation so that the parties can sit down at the negotiating table and come up with the parameters for a ceasefire. There is no other way. It will also be impossible to ensure on paper that in 48 hours, or any other amount of time, humanitarian convoys can get going and mass medical evacuations begin. By the way, specific parameters for normalizing a number of complex issues are currently being formulated in Geneva, including by using the potential of the specialist International Syria Support Group. They include the Rukban camp for displaced persons — where, we understand, the United States military presence occupying the area has finally given the United Nations written guarantees — the Yarmouk camp, where the ISIL terrorists still have a presence, and the Fua and Kefraya enclaves.In that connection, I would like to know if the authors of today's initiative genuinely do not understand its utopian nature or if there is some other purpose at work here that has nothing to do with a desire to help struggling Syrians. Unfortunately, the story of eastern Aleppo in 2016 suggests that the second is true, and that the aim is to start a fight so as to strengthen international pressure on the Syrian authorities and slander Russia. Besides that, it shifts the focus from the importance of reviving the Geneva process as quickly as possible on the basis of the agreements that the Syrians arrived at in Sochi to indiscriminate accusations against the Syrian Government. Will that improve Geneva's chances of success?I will say it again to make sure that everyone hears it one more time. Russia will continue to do everything S/PV.8186 The situation in the Middle East 22/02/2018 6/19 18-04815 possible to achieve peace in Syria and restore stability to the Middle East. We call on our partners to do the same in a spirit of constructive cooperation and in cooperation with the United Nations, rather than continuing to sow confusion, ramp up support for jihadists and tear the region apart. For this draft resolution to be meaningful and realistic, the Russian delegation has prepared some amendments to it that we will now circulated to Council members.Mr. Skoog (Sweden): I would like to thank the Russian Federation for calling for a meeting on the horrendous situation in eastern Ghouta, and Mr. Mark Lowcock for his briefing. I will now make some brief remarks on behalf of Sweden and Kuwait.In seven years of war, the situation in the besieged area of eastern Ghouta has never been worse. I would like to thank the Office for the Coordination of Humanitarian Affairs for another briefing reminding us of the horrific reality for citizens in eastern Ghouta and of the Council's responsibilities. Yesterday, in this Chamber, the Secretary-General said that the 400,000 inhabitants of eastern Ghouta live in hell on earth. His appeal to all of us in the Council was to act — to immediately suspend all war activities in eastern Ghouta, allowing for humanitarian aid to reach all of those in need, allowing for the evacuation of the hundreds of people that need urgent treatment and that cannot be provided for and allowing the possibility for other civilians to be effectively treated. I want to take this opportunity to remind all parties, as Mark Lowcock just did, of their obligations under international law to protect civilians and hospitals and other medical facilities.The co-penholders, Sweden and Kuwait, have put forward a draft resolution to respond to the constant legitimate calls from the United Nations for a nationwide cessation of hostilities for 30 days in order to allow for humanitarian access and emergency medical evacuations. Our draft resolution also calls for the lifting of the siege directed against eastern Ghouta. We plead to all Council members to come together to support the draft resolution and to urgently adopt it so that we can halt the incessant attacks against eastern Ghouta and beyond, and we can avert a situation that is beyond words in its desperation. We, Sweden and Kuwait, furthermore urge the parties to the de-escalation agreement in eastern Ghouta to comply and implement it. We call upon the Astana guarantors — Russia, Iran and Turkey — to spare no effort and bring all their influence to bear on the parties to that end to avert the human disaster unfolding before our eyes.In response to our Russian colleague on our draft resolution, the United Nations convoys and evacuation teams are ready to go, subject to standard security procedures. The draft resolution that we are putting forward is not a comprehensive peace deal. Its aim is a much-needed humanitarian pause for an initial period of 30 days. There are already ceasefire agreements in force for the areas where fighting has escalated the most recently. They must be complied with. There are existing monitoring mechanisms that can be utilized. The role of the Council, I believe, is to push the parties to the conflict to comply with the proposed cessation of hostilities. Compliance is on the shoulders of the parties. I think that we can make a difference, and I think that we are tested today — not just as Ambassadors representing our countries, but as human beings. That is a massive responsibility.The President (spoke in Arabic): I shall now make a statement in my capacity as the Deputy Prime Minister and Minister for Foreign Affairs of Kuwait. At the outset, I would like to thank Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, for his briefing today. The remarks in Mr. Lowcock's statements are in line with the Secretary-General's remarks yesterday morning (see S/PV.8185) — that eastern Ghouta can wait no longer. There is tremendous suffering there, with 400,000 people who are living hell on Earth.We support all what the Permanent Representative of Sweden, Mr. Skoog, said in his statement on behalf of Kuwait and Sweden as co-penholders of the humanitarian dossier in Syria. It is unfortunate that the number of people killed since the beginning of this month in eastern Ghouta has reached 1,200 civilians. The international community is silent; it stands still. The question here is: How long we are going to remain silent? How many more civilians, women, children and elderly must die or be displaced until the international community starts taking action and speaking in one voice and saying enough — enough carnage and grave violations of human rights law and international human law? In that regard, I would like to make the following points.22/02/2018 The situation in the Middle East S/PV.8186 18-04815 7/19 First, Kuwait and Sweden, in response to the clear-cut demands of the United Nations on the humanitarian situation in Syria, have jointly submitted a simple and clear draft resolution that demands a cessation of hostilities across Syria for a 30-day period in order for the United Nations and its partners to be able to deliver humanitarian aid and services and provide critical medical evacuation to the sick and wounded, in accordance with the provisions of international law, and end the blockade on residential areas.Secondly, action on the part of the the State of Kuwait is based on our religious and national duty to our brothers in Syria. We have a legal, human and ethical responsibility to end their suffering. In that connection, we call on all Member States to support the draft resolution and vote in its favour. We should rise above our political differences to protect civilians.Thirdly, a failure to ende the systematic and horrendous carnage and bloodshed that has continued for seven years with various weapons would only serve to encourage the perpetuation of such crimes without accountability, as those who commit them are heartened by impunity.I now resume my functions as President of the Council.Ms. Eckels-Currie (United States of America): I thank Under-Secretary-General Lowcock for his briefing, particularly his noting of the systematic targeting of civilians in eastern Ghouta and the toll that it is taking on the people there.Yesterday, Russia's Permanent Representative requested this meeting in order to "make sure that all parties can present their views". The view that Mr. Lowcock presented today is, as the Secretary-General said and others have repeated, one of hell on Earth for the people of eastern Ghouta. I would also like to share the vision of some of the people of eastern Ghouta.Bilal is 22 years old, with a wife who is five months pregnant. He says, "We are waiting our turn to die; this is the only thing I can say". Abdullah is a construction worker, with a wife and six children. He says,"Bombs were falling everywhere near our house. We have been spending the last week digging into the rubble of nearby areas with our bare hands."Malik is a doctor treating the wounded. He says,"The hospitals have been overflowing with blood. We are doing what we can to help, but the situation is becoming unbearable."Those are just a few of the overwhelming number of horrific stories coming out of eastern Ghouta everyday. The pictures and videos are everywhere — screaming parents digging through rubble to find their children; doctors working frantically with no medicine and no equipment in underground hospitals to save whoever they can. Those are not terrorists showing up in these makeshift emergency rooms — they are civilians. They are ordinary people, under attack by a barbaric Al-Assad regime that is bent on levelling eastern Ghouta to the ground, with no regard for the 400,000 men, women and children who live there.No one needs to use their imagination to know what the Al-Assad regime is planning. It is exactly what we saw in Aleppo in 2016, and in Hama and Homs before that. The Al-Assad regime wants to bomb or starve of all of its opponents into submission. That is why, except for two small deliveries of aid, the regime has not allowed any medical convoys or deliveries of food into eastern Ghouta since November, and the bombing attacks have been relentless. The regime wants to keep bombing and gassing these 400,000 people, and the Al-Assad regime is counting on Russia to make sure the Council is unable to stop their suffering.Yesterday the Russian representative asked for the parties to present their views, and has put forward a deeply cynical one today. Those present have now also heard from the United Nations humanitarian leader and from people, like Bilal, Abdullah and Malik. The assault from the regime is relentless, and the suffering is overwhelming. The Russian Permanent Representative also asked that we "come up with ways of getting out of the situation." Yet it appears to be intent on blocking any meaningful effort to do so.None of us on the Council need to look very far for the way out. Thanks to the tireless efforts of our colleagues from Kuwait and Sweden, the way is sitting in front of us. We have a draft resolution establishing a 30-day ceasefire to help shield the people of eastern Ghouta and allow for deliveries of food and medicine to arrive. All 15 of us have spent the past three weeks negotiating that text, patiently attempting to work with each other, including the Russian delegation. We believed we had an agreed text. There are no surprises here. The United S/PV.8186 The situation in the Middle East 22/02/2018 8/19 18-04815 States is ready to vote on the draft resolution — right here and right now. All of us should be ready. Sweden and Kuwait have consulted everyone on that text. They have done their part. There is no reason to delay. Literally, the minute this meeting ends, the Council can take the clearest possible step to help — vote for a ceasefire and vote for humanitarian access.What the people of Eastern Ghouta need is not complicated, and do not just take our word for it. The International Committee of the Red Cross head of delegation in Syria summed it up, "This is madness and it has to stop". The United Nations High Commissioner for Human Rights, Prince Zeid, asked,"How much cruelty will it take before the international community can speak with one voice to say enough dead children, enough wrecked families, enough violence, and take resolute concerted action to bring this monstrous campaign of annihilation to an end?"UNICEF can hardly put words on a page. All UNICEF said in a haunting statement was, "No words will do justice to the children killed, their mothers, their fathers and their loved ones". The Secretary-General made his point clearly yesterday. He supports the cessation of hostilities because eastern Ghouta cannot wait.Yesterday Russia's Permanent Representative asked what we should do about eastern Ghouta. The people of eastern Ghouta, United Nations officials, humanitarian and human rights leaders and, indeed, pretty much the entirety of the Council have answered: stop the bombing of eastern Ghouta and allow medical assistance in. The rest of the Council is ready to act. We urge the Council to move forward with the ceasefire and humanitarian draft resolution immediately.Mr. Ma Zhaoxu (China) (spoke in Chinese): I would like to thank Russia for its initiative in convening this meeting. I also thank Under-Secretary-General Lowcock for his briefing.Recently, the security situation in parts of Syria, including its capital, Damascus, and the eastern Ghouta region, has escalated, causing significant civilian casualties, which is drawing broad attention from the international community. China would like to express its profound sympathy to the Syrian people for their suffering. We condemn all acts of violence that target civilians and civilian facilities and harm innocent lives. China has always believed that there is no military solution to the Syrian issue; it would only aggravate the suffering of the Syrian people. A political settlement is the only way out.The present situation is now such that the international community needs to support the Syrian parties in the resumption of dialogue and negotiations under the United Nations mediation as soon as possible and in seeking a solution that is accepted by all parties through a Syrian-owned and Syrian-led political process. That is the only way to fundamentally ease the humanitarian situation in Syria and rid the Syrian people of their suffering at an early date.Terrorist organizations are still launching attacks in Syria, which have caused significant civilian casualties and impeded humanitarian relief efforts by the United Nations. The international community should strengthen its cooperation on counter-terrorism, adopt unified standards and resolutely combat all terrorist organizations designated as such by the Security Council.As part of the Syrian issue, the humanitarian aspect in the country is closely linked to Syria's overall situation, in addition to its political process. Actions taken by the Security Council on Syria's humanitarian issue should not only help ease the overall humanitarian situation in the country, but also help consolidate the momentum for a ceasefire in Syria and be conducive to the bigger picture of a political settlement to the issue. China calls upon the Security Council to remain united on the issue of Syria, speak with one voice and create favourable conditions for substantive progress in Syria's political process at an early date.Mr. Delattre (France) (spoke in French): I would like to thank Mr. Mark Lowcock for his enlightening briefing of the situation of the inhabitants of eastern Ghouta. Mr. Lowcock has said it all — the torrent of fire that is indiscriminately falling eastern Ghouta is relentlessly pushing the limits of horror and human suffering. There are no words to describe what is taking place in eastern Ghouta as we speak.The regime is not merely bombing its own people. It is methodically targeting hospitals and vital infrastructure for the population with the macabre aim of ensuring that the injured who have not perished during the shelling do not survive the wounds inflicted upon them. We must insist that the attacks against hospitals and health-care personnel constitute war crimes, and the perpetrators must be held accountable.22/02/2018 The situation in the Middle East S/PV.8186 18-04815 9/19 The reports we have received from non-governmental organizations and the Office of the United Nations High Commissioner for Human Rights are unbearable. Twenty eight attacks struck 20 hospitals in eastern Ghouta since January. More than 700 individuals are in need of urgent medical evacuation. Those evacuations are systematically blocked by the Damascus regime, which has been the case for months. More than 400,000 people, including 130,000 children, have been besieged for months by the regime as part of a siege that is reminiscent of the Middle Ages.We should make no mistake: the Syrian regime and its allies are brandishing the fight against jihadist fighters, the need for which no one is disputing, as justification of an offensive aimed at entirely different goals. Its real intentions are indeed to annihilate any and all opposition and break the morale of civilians by indiscriminately massacring them. The offensive against eastern Ghouta, which has seen an unbridled acceleration in recent years — the worst of which is undoubtedly yet to come — has added to both the methods and consequences of the new Aleppo. Let us recall that in that city the intensification of bombing preceded a reconquest operation and unknown levels of violence that never sought to shield civilians or rule out the use of chemical weapons. We shall be particularly vigilant on the latter.Yesterday, through President Macron, France emphatically condemned the indiscriminate shelling of residential areas and civilian infrastructure. We called for the immediate establishment of a ceasefire to enable medical evacuations and humanitarian access to the people. The Secretary-General also spoke resolutely along the same lines. As was recalled this morning by the French Foreign Minister, Mr. Jean-Yves Le Drian, any lack of action is an indication of guilt. We must act swiftly, for the Council has the means at its disposal, if the willingness is put forth.Sweden and Kuwait, the commitment of which France commends, have proposed a draft resolution demanding an immediate cessation of hostilities to enable humanitarians to evacuate the wounded and gain access to the people. The draft resolution before us does not seem to me to be a political judgement. It conveys the humanitarian imperative that, as such, must bring us together. Accordingly, we have noted Russia's intention to propose changes to the draft resolution. We will consider them, but it is crucial that we quickly adopt the draft resolution so that a cessation of hostilities takes place immediately, as addressing the situation on the ground is of the utmost urgency.A cessation of hostilities is not a concession. It is the minimal form of response to the repeated requests of the United Nations and humanitarian actors, which have been communicated by members of the Council. Subsequently, it is up to the regime's supporters to ensure full respect and to respond to all calls for access to humanitarian assistance and medical evacuations under international humanitarian law. It is inconceivable to us that a Council member could be opposed to that.At the same time, we must — and France stands ready to — redouble our efforts to establish a neutral environment that will allow for a credible political process and the holding of elections in Syria. Since the beginning of the Syrian crisis, France has consistently advocated for the priority of achieving a negotiated solution to the military situation and of finding a political solution that satisfies the aspirations of the Syrian people, ensures lasting peace and stops terrorism in its tracks. France will not deviate from the road map adopted by the international community. We have already said, and will say once again, that only a political, inclusive solution, established under the auspices of the United Nations through enabling a political transition within the framework of the Geneva process and resolution 2254 (2015), will end the suffering of the Syrian people in a credible and lasting manner.I should like to conclude with both a warning and an appeal. Not only has the situation in Syria reverted to the tragic darkest hours of the crisis, but, if we fail to react robustly and immediately — let us make no mistake — the worst is yet to come. The worst is the endless escalation of the humanitarian crisis that is crushing the people, any semblance of humanity and the very values underpinning the United Nations. A widespread ground campaign directed against eastern Ghouta might well be the next deadly stage. The worst is also the expansion of the conflict. The combination of circumstances before us today might lead to a potentially major regional or even international confrontation. That risk must be taken very seriously.In the name of our shared values and interests, I call on every member of the Council to join and act together. We owe that to the civilians who are dying by the hundreds in the hell in eastern Ghouta. We owe it to the security of the region and of the world, which S/PV.8186 The situation in the Middle East 22/02/2018 10/19 18-04815 we have the collective responsibility to protect. We owe it to upholding the credibility of the United Nations, which is our shared heritage. Let us beware that the Syrian tragedy does not also become the grave of the United Nations.Mr. Meza-Cuadra (Peru) (spoke in Spanish): We thank Mr. Lowcock, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, for his briefing today on the tragic situation facing the more than 400,000 people living in eastern Ghouta and in other cities.We heard with dismay that, in that area, the basic principles of international humanitarian law and human rights continue to be disregarded. That has been evidenced by the incessant and merciless bombardments resulting in hundreds of civilian casualties — many of whom are women and children — on a daily basis. Far from decreasing, the bombardments have intensified over the past several days and weeks, as has been the case with regard to the number of people with urgent medical issues who are dying because they cannot be evacuated. We deeply regret that humanitarian convoys are unable to reach besieged and difficult-to-access areas, such as eastern Ghouta, among others, despite repeated appeals from the United Nations and various countries, including Peru, to facilitate immediate, safe and unrestricted access in eastern Ghouta, as well as other areas of Syria.All those facts, which are ultimately allowing for and fuelling a hell on Earth, as the Under-Secretary-General just pointed out to us, warrant our strongest condemnation. We must remind all parties, including the Syrian authorities, of the responsibility to protect the civilian population. The United Nations has determined various actions that can be taken to alleviate the suffering of civilians in eastern Ghouta and other affected areas. We stress the importance of the immediate implementation of a 30-day cessation of hostilities to allow for providing aid and setting out and implementing the humanitarian assistance response plan and the five priorities that Mr. Lowcock mentioned. Those are all indispensable and urgently needed measures that Peru fully supports.Implementing them will require a genuine political will to reverse direction and turn them into a reality. Accordingly, we thank Sweden and Kuwait for their generous efforts to reach a consensus on a draft resolution on a cessation of hostilities, which we hope can be adopted as soon as possible. It is of the utmost importance that Council members, in particular those who are able to exercise their influence on the ground, show the world their unity, sense of duty and willingness to compromise, and that we send a clear signal that prioritizes human beings over other interests.The Council must be able to rise to the occasion and fulfil its sensitive and important responsibilities. All can count on my delegation's commitment to carrying out actions that will alleviate the human suffering in eastern Ghouta and throughout Syria.Mr. Van Oosterom (Netherlands): We thank the presidency for convening this meeting, and I thank Mark Lowcock for his sobering briefing. I will address the following three points: first, the escalation of violence in eastern Ghouta, secondly, international humanitarian law, and, thirdly, action by the Security Council.First, with regard to the escalation of violence in eastern Ghouta, we are meeting at a moment of grave distress for the people in eastern Ghouta and elsewhere in Syria. We have seen the extreme escalation of violence in Idlib and eastern Ghouta, which was initiated a few weeks ago by the Syrian regime and its allies. That has severely intensified over the past several days and continues without pause, as Mark Lowcock clearly described. We condemn all indiscriminate attacks directed against civilians. Communities in eastern Ghouta have experienced the most intense bombardments since the beginning of the siege in 2012. Mortars are also being fired into Damascus. Families do not have a safe place to hide. Women and children are dying. Last Monday, the United Nations reported, over a period of just 13 hours, at least, 92 civilian deaths in eastern Ghouta, and the total death toll since Monday appears to stand now at approximately 300.We continue to receive reports of attacks on hospitals and of the renewed use of chemical weapons, thereby leading to the inhumane suffering of civilians and those who try to help them. We pay tribute to the humanitarian efforts of the White Helmets. We condemn targeted attacks against them. While the indiscriminate bombardment of civilian-populated areas continues, desperately needed humanitarian aid, including medical aid, for the people of eastern Ghouta cannot be delivered. We condemn the incessant violence and the barbaric tactics of besiegement. We have seen those tactics before. If we think back to Aleppo in December 2016, the same scenario took place. The regime turned 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 11/19 that city into an unlivable hell where civilians were imprisoned, constantly targeted from the air and cut off from any form of aid. The Council should not stand by and watch a repetition of such events in eastern Ghouta.Secondly, concerning the erosion of international humanitarian law, in witnessing the sheer disregard for human life, we must ask ourselves: What has become of the hard-won gains in the area of international humanitarian law? The lack of compliance with the Geneva Conventions by parties to the Syrian conflict erodes the very norms enshrined therein. It also erodes the rules-based international order. We cannot let that happen. The carnage in Syria must stop. The Council must take effective, credible and decisive action today. The world is watching. We call upon all parties to the Syrian conflict, in particular the Syrian regime and its allies, to stop the targeting of civilians, stop the attacks on hospitals and facilitate immediate access for humanitarian organizations to deliver much needed aid.That brings me to my third point, which is action by the Council on the cessation of hostilities. We thank penholders Kuwait and Sweden for negotiating a draft resolution during the past two weeks that addresses the dire situation in Syria. We pay tribute to the prudent, inclusive manner in which Sweden and Kuwait have organized negotiations on the draft resolution. We wholeheartedly support the Swedish-Kuwaiti appeal to support their text.The draft resolution includes clear and implementable measures. We fully support an immediate cessation of hostilities in Syria to enable aid convoys to deliver food and medicines to all those in need, and the safe medical evacuation of the critically ill and wounded. That must happen as soon as possible. Parties to the Syrian conflict and those with influence on them have a heavy responsibility to assure the safety of humanitarian operations and to ensure that no forced evacuations of civilians take place.In conclusion, some Council members say that the draft resolution cannot be implemented because it is not realistic. But with sufficient political will on the part of the parties involved in Syria, the cessation of hostilities can become a most urgently needed reality. The Council showed forceful action when it adopted resolution 2393 (2017) in December 2017 to alleviate the suffering in Syria by allowing for vital cross-border humanitarian aid. Let us again show forceful action. Let us prove to the world that we can agree to put the safety of civilians first, throughout Syria.The human suffering in Syria, in particular in Ghouta, must end. We need a cessation of hostilities now. We call on the Russian Federation in particular to use its influence, do its utmost to achieve that objective and allow the Council to act effectively. Let us adopt the realistic, clear and balanced draft resolution as it stands, end the violence and allow access for humanitarian assistance.Mr. Alemu (Ethiopia): We thank Under-Secretary-General Mark Lowcock for his briefing. We appreciate his efforts and understand the challenges he faces.We are deeply concerned about the military escalation in eastern Ghouta and its devastating impact on civilians. We are also equally concerned about escalating conflict in other parts of Syria. The continued reports of attacks against medical facilities, resulting in a number of civilian deaths and injuries, is indeed extremely worrying. We stress that it is absolutely imperative to protect civilians in eastern Ghouta and other affected areas.Nonetheless, we should never overlook the fact that the capital, Damascus, is being shelled from eastern Ghouta — one of its suburbs. All the same, it is impossible to deny the fact that life-saving aid must reach all Syrians in need of urgent assistance. In that regard, while we welcome the fact that the United Nations inter-agency convoy delivered life-saving assistance to more than 7,000 persons on 14 February, we acknowledge that, given the severity of the humanitarian situation, it is obviously not enough.To address humanitarian needs, the United Nations and its humanitarian partners should be allowed safe, improved and unhindered humanitarian access. As the Secretary-General recalled in his statement on 20 February and through his strong appeal yesterday in the Chamber (see S/PV.8185), a cessation of hostilities is desirable to enable humanitarian aid deliveries and medical evacuation. We see no problem with reaching a consensus on the matter. In that connection, members of the Council have been engaged in constructive discussions on how to ensure the implementation of a cessation of hostilities.As the situation on the ground becomes increasingly complex, we understand that implementing a humanitarian pause will not be easy. We understand S/PV.8186 The situation in the Middle East 22/02/2018 12/19 18-04815 the concerns of some in that regard. We do not ignore the possibility that terrorist elements might exploit that tool to advance their goals. It will require the political will and tangible cooperation, in good faith, of all Syrian actors, as well as of all States with influence over the parties. Let us not forget that the situation in Syria is becoming extremely complicated and that the humanitarian situation has not remained unaffected. We are extremely worried about the current trajectory.As a human tragedy unfolds before our very eyes, it is expected that the Council will take meaningful, collective action that could help save lives on the ground. That is why we have reiterated that the Council should extend its unified support for the humanitarian work of the United Nations and its partners. Only by working together will the Council convey a strong and unified message that could help facilitate the much-needed humanitarian work of the United Nations and alleviate the continued suffering of the Syrians. In that regard, the humanitarian draft resolution will perhaps provide us with a good opportunity to demonstrate our resolve for concrete action. It may not be a perfect text but we believe it paves the way for all parties to coordinate their existing efforts to halt hostilities for the sake of civilians who are in an extremely difficult situation.Let me take this opportunity to thank the two penholders Kuwait and Sweden, which have been working tirelessly to achieve a consensus outcome. We hope they will continue their much-appreciated efforts until the last minute to address the concerns — real, legitimate concerns — of all delegations.Let me conclude by reiterating that the escalating violence in eastern Ghouta and other parts of Syria should reinforce the importance and urgency of finding a comprehensive political solution, without which the suffering of Syrians will continue unabated.Ms. Wronecka (Poland): I would like to thank Mr. Mark Lowcock for his briefing.As our Minister for Foreign Affairs, Mr. Jacek Czaputowicz, stated yesterday with regard to eastern Ghouta, there is no justification for the indiscriminate attacks on innocent civilians, including children, or on civilian infrastructure, such as health facilities. They must stop immediately and all parties to the conflict must strictly comply with their obligations under international humanitarian law. We would like to stress that all actors should use their influence to bring about immediate and improved conditions on the ground.Once again, we urgently call for the cessation of hostilities in the whole of Syria. Attacks against civilian targets, including medical facilities, must stop now in order to relieve the enormous and unreasonable suffering of the Syrian people. We therefore call upon all parties to alleviate the suffering of civilians, including children, by granting them urgent, free and safe access to humanitarian assistance.With regard to the de-escalation zones, which include eastern Ghouta, I should recall that they were aimed at ensuring a ceasefire and humanitarian access in accordance with international law, including international humanitarian law. In the light of this fact, I call on all parties engaged to respect their ceasefire-related commitments. I also call on States members of the Security Council to use their leverage on the parties in order to implement relevant previous commitments and to create conditions for a permanent ceasefire.In conclusion, I would like to stress the importance of maintaining the unity of the Council on the question of humanitarian access. We should find a mutually acceptable way to express a clear position of the Security Council in this regard. Accordingly, Poland would like to reiterate its support for the work of Sweden and Kuwait as penholders of the draft humanitarian resolution for Syria. Now more than ever do we need to make every possible effort to adopt the draft resolution as soon as possible. It is the Council's responsibility not to fail to stop the ongoing humanitarian tragedy in the eastern Ghouta.Mr. Hickey (United Kingdom): I thank Under-Secretary-General Lowcock for his very detailed and clear briefing today. It was very powerful to hear through him the voices of the people of eastern Ghouta.Russia called this meeting today to allow us to present our understanding of the situation on the ground and come up with ways of getting out of the situation. We have heard very clearly from Under-Secretary-General Lowcock today and from the Secretary-General yesterday about the situation on the ground (see S/PV.8185). This is hell on Earth; the scale of the human suffering and destruction is unbearable. The suffering of the Syrian people, while primarily the responsibility of the Syrian regime, brings shame on all of us in the Security Council.Let us be very clear about the main cause of this hell on Earth. It is the direct result of an escalation by 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 13/19 the Syrian regime of its aerial bombardment of civilian areas, using cluster bombs and chemical weapons and systematically killing hundreds of its own civilians. As others in this Chamber have said today, these are breaches of international humanitarian law and are war crimes. The United Kingdom will be unrelenting in its campaign to ensure accountability and justice for these crimes using all mechanisms at our disposal.We owe it to the people of eastern Ghouta to highlight the utter devastation facing them and then to take measures to stop it. According to the Syrian American Medical Society, in the first 48 hours of this week, 250 civilians were killed and 460 injured. Those who survived these attacks have been further targeted by the regime while trying to get help for their injuries. There have been 22 separate attacks on 20 different hospitals in the three days since Monday. We applaud the incredible work of the brave doctors on the ground who risk their own lives to save others. And like the Netherlands, we salute the heroes of the White Helmets who have demonstrated incredible bravery, courage and resilience to save the lives of thousands of Syrians on all sides of this conflict.From the start of the conflict, the Al-Assad regime has peddled the myth that all of those opposing Al-Assad are terrorists. This is manifestly not the case. The people of eastern Ghouta are not terrorists. Jabhat Al-Nusra has only a small presence in eastern Ghouta; its fighters number less than a quarter of 1 per cent of the population of that area. Nothing can justify the barbaric bombardment we have seen in recent days or the blocking of humanitarian aid or the denial of medical evacuations. We also condemn the mortar shelling from eastern Ghouta of civilian areas of Damascus and attacks against the Russian embassy in that city.The Security Council has failed to uphold its responsibilities in Syria. We all know why this is the case, but we have all agreed that there can be no military solution to the conflict — only a political one. The actions of the Al-Assad regime in recent weeks and the military escalation in an area guaranteed by Russia and Iran as a de-escalation zone show cynical disregard by the regime for every member of the Security Council and for our resolutions. It is therefore vital that we all send a clear and unified message in response.The solution to the situation is not difficult. We need to see an immediate cessation of hostilities, including an immediate end to the aerial bombing of eastern Ghouta. If everyone in this Chamber were to commit unequivocally to this today, it could have an impact on the ground. It could save the lives of thousands of innocent men, women and children who are being killed as we speak here in this Chamber today. We therefore welcome the draft resolution put forward into blue by you, Mr. President, and by the delegation of Sweden, and we look forward to a vote later today.In conclusion, yesterday we discussed the principles of the United Nations Charter, which our predecessors drafted in the name of the peoples of the world to help save succeeding generations from the scourge of war (see S/PV.8185). It is clear that we have fallen woefully short of this aim. We have failed the people of eastern Ghouta. But let us reverse this trend today. Let us adopt the draft resolution and take the concrete actions needed to ease the suffering in this zone of death and destruction.Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): Equatorial Guinea thanks the Russian Federation for convening this meeting of the Security Council and hopes to contribute to the adoption of a decision aimed at alleviating the enormous suffering and regrettable loss of human life in eastern Ghouta and other parts of Syria. We thank the representative of the United Nations Office for the Coordination of Humanitarian Affairs, Mr. Mark Lowcock, for his informative briefing.For the Republic of Equatorial Guinea, the changing humanitarian situation in eastern Ghouta requires urgent action to alleviate the critical state of affairs of the most vulnerable members of the civilian population. In recent days, the number of victims and amount of material damage to infrastructure have increased considerably, and the international community is obliged to take some urgent action so as to halt the ongoing loss of lives, mostly of children and women.We reiterate the appeal made by the delegation of Equatorial Guinea on 14 February for the parties to the conflict to allow humanitarian aid to reach those most in need (see S/PV. 8181). The cessation of hostilities is imperative in order to ensure safe access for relief teams, the distribution of humanitarian aid and the evacuation of the wounded and sick. Equatorial Guinea calls on all parties to the conflict to take the necessary steps to cease hostilities.S/PV.8186 The situation in the Middle East 22/02/2018 14/19 18-04815 Frank, direct and inclusive dialogue is the only viable way out of the Syrian crisis. The Council must redouble its efforts and persuade the opponents to return to the negotiating table. In that sense, resolution 2254 (2015) remains a valid instrument. The recent history of this conflict has taught us the devastating implications that it can have for the entire region. A definitive and sustainable solution to the conflict is in the interests of all the countries of the world.The Republic of Equatorial Guinea urgently calls on all parties to the conflict, be they directly or indirectly involved, to declare a ceasefire with immediate effect that will be respected and guaranteed by all parties so as to allow for the evacuation of civilians and the delivery of medical care, drinking water and food that will save hundreds of human lives. Even as we debate this issue here in the Chamber, the people of eastern Ghouta and elsewhere in Syria are on the verge of perishing. We must consider any proposal to be submitted from the humanitarian perspective, taking into account the suffering of the population of eastern Ghouta and Syria.Mr. Llorentty Solíz (Plurinational State of Bolivia) (spoke in Spanish): My delegation thanks the delegation of Russia for having asked the presidency to convene this meeting, for I think it very important to exchange views about what is happening in Syria. We also grateful for the briefing by Mr. Mark Locock.Bolivia reiterates its regret that the crisis in Syria has to date led to so many lives being lost and so much destruction. According to Mr. Lowcock's office, more than 500,000 people have died since the beginning of the conflict, 13.1 million people require humanitarian assistance, of whom 2.9 million are trapped in besieged or hard-to-reach, and 6.9 million persons have been displaced internally. We regret that recent events have led to more people dying or needing humanitarian assistance. We call for the earliest possible beginning of demining operations and for the provision of humanitarian assistance — such as to the city of Raqqa — in order to facilitate the safe and dignified return of the families that were displaced as a result of the conflict.We also regret that the latest events in Syria have once again served to underscore the urgent need to revitalize the Geneva political process, while strengthening the tangible results achieved in Astana and Sochi, in consultation, of course, with all the parties concerned. We reiterate what several of our colleagues have said during this meeting: there is no military solution to the situation in Syria, only a political one.We also again reiterate our great gratitude for the work being done by the staff of the humanitarian assistance agencies and groups on the ground. We demand that the parties involved comply with their obligations under international law, in particular international humanitarian law and international human rights law.We reiterate to the parties involved that they must respect the agreements and the de-escalation zones, as well as avoid attacks on civilian facilities — such residential areas, schools and hospitals — in line with international humanitarian law, so as to ensure the protection of civilians and unrestricted access for humanitarian agencies to provide much-needed assistance.I understand that we all agree with those principles, as they are basic, fundamental principles of international humanitarian law. Each and every one of us has spoken repeatedly about the obligations of the Security Council under the Charter of the United Nations, including its highest responsibility in terms of the maintenance of international peace and security. Nevertheless, my delegation cannot agree with double standards being applied on any issue, and much less on humanitarian ones. We must not drag down the Security Council by using it as an instrument for a different agenda. Nor, as we have also said several times, should we allow the Council to become an echo chamber where we repeatedly recite well-known areas of war.In referring to double standards, I will desist from referring to the humanitarian situation in other places around the world. I will limit myself just to Syria. My delegation is surprised, and does not understand, at how the Security Council has not even been able to express itself on the terrorist attacks on the Russian Embassy in Damascus, a member the Council. We have counted six such attacks in the past two weeks, followed by silence on the part of the Council. That should draw our attention as to double standards.I repeat that we totally reject the politicization of any humanitarian issue. We know that the situation in Syria is urgent. We need to think very carefully about how we can address each of these situations, given that each has its particular characteristics.22/02/2018 The situation in the Middle East S/PV.8186 18-04815 15/19 With regard to the draft resolution that has been circulated for the Council's consideration, first of all, my delegation would like to sincerely express its gratitude for the efforts of the delegations of Sweden and Kuwait. We have seen them work with great dedication, consulting with the various delegations as part of what of course is a complicated process. That is the nature of negotiations. We hope that the various calls for the Council to do something will come to fruition. . However, I think we have to recognize that putting to a vote a draft resolution, as several delegations have called for today, in the knowledge that it will not be adopted by the Council shows that the goal is not of a humanitarian nature, the aim is political. Putting to a vote a draft resolution while knowing that it will not be adopted means that the goal is not to alleviate the humanitarian situation but to garner a few headlines in the media. That is why we say that we should avoid making the Council an instrument for political ends.We very much welcome the fact that the Russian delegation has put forward language to enable us to continue the negotiations, which is essential. I agree with what my colleague the Ambassador of Sweden said, that is, the Council is being tested in alleviating the humanitarian situation in Syria. The Council is indeed being tested, and that test is to achieve unity in the Council. If we do not, then the meeting at which the draft resolution is put to the vote will go down in history as just a few headlines. But it will come to nothing and will in no way alleviate the humanitarian situation in Syria.I therefore issue a fraternal call on my colleagues the members of the Security Council — especially my beloved brothers the Ambassadors of Sweden and Kuwait — that we do everything we can to send out a signal for there to be a change in direction with regard to what the Council has been doing repeatedly over the past months, and show that by being united we will in some way be able to meet the expectations of the rest of the membership and meet the responsibilities assigned to us by the Charter.Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): At the outset, I wish to thank the Russian Federation for having called for this meeting.I also thank Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs, for his helpful briefing on the latest developments in the humanitarian situation in Syria, which has reached a critical threshold.Côte d'Ivoire remains deeply concerned by the ongoing deterioration of the humanitarian situation, largely due to the resurgence of fighting on the ground, particularly in eastern Ghouta where since Monday, I regret to say, 40 civilians have been killed and more than 150 wounded, and many hospitals and schools have been destroyed. In the face of this extreme escalation of hostilities, my delegation would like, following the call issued yesterday in this Chamber by Secretary-General António Guterres (see S/PV.8185), to appeal to the sense of responsibility of the parties involved to end the tragedy of eastern Ghouta. It urges them to exercise restraint with a view to an immediate cessation of hostilities in order to enable the resumption of the delivery of humanitarian aid, including medical evacuations, to alleviate the suffering of the Syrian population.Côte d'Ivoire reiterates its conviction and principled position that the response to the crisis in Syria cannot be military. On the contrary, it should be pursued through an inclusive dialogue and political process, as provided for in the road map set out by resolution 2254 (2015).Finally, in the light of the tragic humanitarian situation in eastern Ghouta — which Mr. Lowcock so somberly described earlier — Côte d'Ivoire supports the draft resolution proposed by the delegations of Kuwait and Sweden, calling for a cessation of hostilities for a period of 30 days with a view to allowing immediate humanitarian access to the besieged populations of the region. The Council must set aside all political calculations and other distractions and undertake the commendable task of rescuing the inhabitants of eastern Ghouta and other regions of Syria, who also happen to be Syrians, from the hell in which they are living.Mr. Temenov (Kazakhstan): We thank the delegation of the Russian Federation for initiating this open briefing on the very critical humanitarian issue in Syria, and thank Mark Lowcock for his update.Like others, we express our serious concern about the continued severity of the devastating humanitarian situation in Syria, including in eastern Ghouta, Idlib and northern Hama governorates, Rukban and Raqqa. Kazakhstan urges all parties within and outside the country to prevent further violence and enable humanitarian organizations to access and assist people in need. Since early February, with the military offensive against eastern Ghouta, there have been more than 1,200 civilian casualties.S/PV.8186 The situation in the Middle East 22/02/2018 16/19 18-04815 We truly need a cessation of hostilities and all military operations throughout Syria to enable the delivery of humanitarian aid and services and the medical evacuation of the critically sick and wounded, in accordance with international law. Kazakhstan considers it critical for the Security Council to adopt a workable and effective resolution on a cessation of hostilities in Syria, a draft of which is now being considered by Council members. Kazakhstan calls on all parties to find consensus and unite in their efforts to undertake an immediate suspension of all war activities in eastern Ghouta and other parts of Syria, allowing humanitarian aid to reach all those in need, as well as the evacuation of all patients requiring urgent treatment that cannot be provided there.My delegation supports the five requests identified by the Emergency Relief Coordinator on 11 January during his mission to Syria, and calls upon all parties to facilitate the implementation of these five requests and others, as specified in relevant Security Council resolutions, so as to ensure principled, sustained and improved humanitarian assistance to Syria in 2018. In this context, we look forward to a meeting of the Foreign Ministers of the guarantor countries of the Astana process — namely, the Russian Federation, Turkey and Iran — who intend to gather in Astana in March to discuss all issues related to recent developments on the ground. The timing and the specific agenda are currently being specified. In this regard, the next round of the Astana process itself is scheduled to be held after the aforementioned meeting of the Foreign Ministers.Lastly, in May 2017 Kazakhstan welcomed the adoption of the memorandum on the creation of de-escalation areas in the Syrian Arab Republic. They have lessened hostilities between the conflicting parties. However, the ceasefire agreements in these zones are currently being violated. We attach the utmost importance to compliance by all conflicting parties with ceasefire agreements and their enforcement by the guarantor States. Likewise, each of the agreements reached in Astana should not remain on paper, but must be strictly complied with.The President (spoke in Arabic): I give the floor to the representative of the Syrian Arab Republic and urge him to limit his statement to five minutes in accordance with Security Council note S/2017/507.Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): The delegation of my country was not aware of your decision, Sir, to limit my statement to five minutes. I oppose that decision and therefore reserve the right to express the views of my country in this important meeting devoted to the situation in my country.The President (spoke in Arabic): The representative of the Russian Federation has asked to make a further statement.Mr. Nebenzia (Russian Federation) (spoke in Russian): We fail to understand, Sir, why you have proposed limiting the statement of the representative of the Syrian Arab Republic on the important issue under discussion. His country is directly involved and where everything being discussed is taking place. We must afford an opportunity for the representative of Syria to speak for the full amount of time required to deliver his statement. I do not believe we need any artificial limits on his statement.The President (spoke in Arabic): I did not make a decision. I simply encouraged the representative of Syria to adhere to the provisions of note S/2017/507.I again give the floor to the representative of the Syrian Arab Republic.Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): Once again, I reiterate that we were not aware of note S/2017/507. I believe that this act is unjust and raises many issues to which I already intended to refer in my statement. I hope that everyone will be patient enough to listen to the statement I shall make on behalf of the Government of my country. I shall not deliver a personal statement. All speakers have spoken on behalf of their Governments, and I shall do the same. I encourage all members to listen carefully to what I have to say.As I talk here at this moment, hundreds of rockets and mortars are targeting the capital, Damascus. To date, they have injured 37 people, including six children, and led to a number of martyrs, including two children. That comes as no surprise. As the Council is aware, every time a Security Council meeting is held to discuss the Syrian situation, there is a massacre here and a suicide bombing there, as well as the killing of civilians in some Syrian cities. We have seen not dozens, but rather hundreds of massacres over the past seven years. Mr. Lowcock did not get this information the way he gets messages from what he calls humanitarian workers in eastern Ghouta who know about international humanitarian law. Mr. Lowcock 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 17/19 did not solicit the views of the Syrian Government, which we have expressed in hundreds of letters sent to him and to the Council. All those who in this meeting have used the word "regime" to refer to my country are neither objective nor impartial. They reveal their countries' involvement in the ongoing terrorist crisis in my country.We thank the delegation of the Russian Federation for convening this meeting to give us the opportunity to once again present the reality of the suffering of civilians as a result of the practices of armed terrorist groups or, as some call them, moderate armed opposition groups. Over the past seven years, they have been sowing death and destruction wherever they have operated. They have used civilians as human shields. They have targeted hospitals and schools, turning them into military centres. They have hurled missiles and rockets indiscriminately at residential and populated areas.Of course, as the Permanent Representative of France said before leaving this meeting, all of this is a form of resistance. He referred to the terrorists who bombard Damascus as the "resistance" that the Syrian regime is trying to suppress. This meeting is particularly important, as some actors — especially the United States of America and the so-called international coalition — have moved from the stage of aggression by proxy through their support for terrorism to the stage of direct aggression. Those actors have recruited terrorists from all four corners of the world. They call them jihadists and send them to Syria. Whenever terrorists have failed, those actors have been there — militarily, politically, through the media and the United Nations — to intervene in order to achieve what their terrorist proxies failed to achieve.Let us be clear. Some Council members — and I specifically mean the United States of America, the United Kingdom and France — would like to deprive the Syrian Government of its constitutional and sovereign right to defending its territories and people, as enshrined in the Charter of the United Nations back when we had wise founding fathers and international law and as guaranteed by all United Nations resolutions on counter-terrorism.Today, I have heard references to the draft resolution contained in document S/2018/146, on humanitarian issues. The penholders, Kuwait and Sweden, have been working on it for several weeks. I thank them for their efforts. However, those efforts are deeply flawed. The penholders did not coordinate with the Syrian delegation at all. They did not even ask to hear my country's view on the draft resolution that concerns it.Let us imagine for a moment that hundreds of terrorists had used the Bois de Boulogne as a centre to target civilians in Paris, launching dozens of missiles every day. Would we have seen a draft resolution calling for a humanitarian truce to give the moderate armed French opposition the opportunity to regain its power and launch missiles targeting Paris?Let us imagine for a moment that hundreds of terrorists had used Central Park here in New York as a centre to target civilians in Manhattan, and had launched dozens of missiles every day. Would we have seen a draft resolution calling for the medical evacuation of the moderate armed American opposition?Let us imagine for a moment that hundreds of terrorists had used Hyde Park as a centre to target civilians in London, launching dozens of missiles daily. Would we have seen a draft resolution calling for the delivery of humanitarian aid to the moderate armed British opposition? Would we have seen statements by high-level Secretariat officials, such as Mr. Lowcock, calling for stopping the fight against armed groups that they describe as non-State armed opposition groups? Unfortunately, that is how United Nations documents refer to terrorists nowadays — non-State armed opposition groups.Of course, those are all hypothetical scenarios that might seem far-fetched. However, that is the reality in Syria. It is the tragedy that we are seeing in Syrian cities every day, including the city of Damascus and its inhabitants. It is a bitter reality that the Syrian Government is facing as a result of the erroneous approaches adopted by the United Nations and the positions of some of its Member States. Damascus is the oldest populated city in history. It is seeing destruction, death and sorrow every day as a result of missiles, mortars and rockets launched by armed terrorist groups operating in eastern Ghouta. These terrorist groups — the Islamic State in Iraq and the Sham, the Al-Nusra Front and affiliated groups — are designated as terrorist groups in the Security Council. Today, 8 million people live in Damascus, among them hundreds of thousands who fled armed groups that attacked their villages and their homes in many parts of Syria, including eastern Ghouta.S/PV.8186 The situation in the Middle East 22/02/2018 18/19 18-04815 The United Nations today is going through a professional and moral crisis that is unfathomable. High-level Secretariat officials see no harm in adopting the positions of Governments that sponsor terrorism in my country. They are directly involved in distorting facts, manipulating figures, using insidious phrases and terminology, and depending on unreliable sources in their statements and reports. Of course, I cannot list all of those scandals today. I will only remind the Council of the Organization for the Prohibition of Chemical Weapons Fact-Finding Mission report (S/2017/567), issued in June 2017. The report states that among the open sources on which it relied was the testimony of British doctor Shajul Islam. For those who do not know who Mr. Islam is, he is a foreign terrorist fighting for the Al-Nusra Front in Idlib. He was convicted in the United Kingdom and was not allowed to practice medicine there as he was involved in crimes related to terrorism, such as kidnapping British journalist John Cantlie. That is but one example of some misleading reports issued by the Secretariat.We are convinced that those abhorrent practices will not stop and that some United Nations officials will ignore the serious information that we have conveyed to them about armed terrorist groups fabricating the story that the Syrian Government used toxic chemical substances against civilians in eastern Ghouta. Those groups are training some of their members to pretend that they have been exposed to toxic substances. Of course, those scenes are broadcast by well-known networks and correspondents of Mr. Lowcock, and the Syrian Arab Army is blamed for it. Although we have sent hundreds of letters to the Secretary-General, the President of the Security Council and specialized United Nations agencies specialized in counter-terrorism and the prohibition of chemical weapons, we are sure that some at the United Nations will not hesitate to believe that story and blame the Syrian Government. That is simply because certain agendas in the Organization compel some to join in the extortion of the Syrian Arab Republic and its allies that are fighting terrorism on behalf of all those present.For over two months now, the Syrian Government has been sending letters almost daily to the Secretary-General and the President of the Security Council documenting the number of missiles used, which have amounted in the past few weeks to almost 1,200. We have been also documenting the human and material losses of civilians in the city of Damascus as a result of being targeted by terrorists groups in eastern Ghouta. However, in its statements and appeals the Secretariat has no problem ignoring the suffering of 8 million people in Damascus. It has not hesitated to participate in the misleading campaign launched by some States to protect a few thousand members of armed terrorists groups in eastern Ghouta. They are sacrificing 8 million civilians in Damascus to protect a few thousand terrorists in eastern Ghouta. This is scene in short.Both international and United Nations sources are spreading news of a stifling siege on eastern Ghouta. That is not consistent with the indisputable reality on the ground. We are talking here about a vital area that is the main source of food for the city of Damascus. Commercial trucks constantly move back and forth to Ghouta. The Syrian Government has facilitated the delivery of humanitarian aid to people in eastern Ghouta, when conditions on the ground have allowed. We have also approved medical evacuations to Government hospitals in Damascus. The truth that we all know, and even high-level Secretariat officials know, is that armed terrorist groups are controlling the humanitarian aid that enters eastern Ghouta. They distribute it among its members and deprive civilians of any of it.There is another truth that the Secretariat is ignoring. Residents of eastern Ghouta have taken to the street in protest against the practices of terrorists who point their guns at innocent people. Of course, those besieged innocents are also sending messages, but Mr. Lowcock's radar is not receiving them. I would like to ask the Secretariat the following. How does it justify ignoring the reports and information that the Syrian Government has presented on thousands of hostages and kidnapped people being detained by armed terrorist groups in eastern Ghouta in the so-called Attawba prison? They require immediate medical evacuation. The United Nations is ignoring video footage posted by armed groups showing women and children, among the hostages, being pushed into metal cages and left on the street. It is a painful scene reminiscent of the times of slavery. It is true insanity that the Secretary-General spoke of yesterday and has been echoed by some colleagues today. Yes, there is terrorist insanity in eastern Ghouta and we must put a stop to it.What is even worse is that some in the Secretariat are trying to use the agreement on de-escalation zones to distort the facts and ignore repeated violations perpetrated by these armed terrorist groups. They are 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 19/19 being instructed from the outside by actors that some of them are present in this Chamber. They are instructed to target Syrian military sites and launch attacks using rockets, missiles and car bombs on residential neighbourhoods in Damascus.These groups operating in eastern Ghouta that kill civilians in Damascus daily are armed terrorists groups, regardless of any change to their names, affiliations or alliances. Today they are Jaysh al-Islam, the Al-Rahman Corps, the Dawn of Islam and Ahrar al-Sham. Yesterday they were the Islamic Front, Hay'at Tahrir al-Sham and the Al-Nusra Front. I invite all members of the Council to take a look at the websites of those groups and the satellite television channels that Western satellites are helping broadcast. It will become apparent that they all share the same Wahhabi terrorist ideology, and that they all call for takfiri ideas and the annihilation of others. Any attempt to change their names and description by calling them moderate opposition or non-state armed groups will not change their terrorist reality. It will not prevent us, as the Government, from defending our citizens with the support of our allies, and fighting terrorism pursuant to the Council's resolutions on counter-terrorism.Some among us today are exploiting the suffering of the Syrian people and trading in their blood. They are demanding accountability while being direct partners in supporting and defending terrorism. They are involved in direct military aggression against my people, as was the case in Palestine, Afghanistan, Iraq, Libya, Africa and Latin America. The dilemma that we are facing today is that the mechanism of work inside the United Nations is being held hostage to political and financial polarization. As a result, this mechanism of work completely disregard the crimes of the so-called international coalition led by the United States of America.As mentioned by my colleague the Ambassador of the Russian Federation, the international coalition completely destroyed Raqqa, killing hundreds of civilians and destroying shelters, infrastructure and bridges over the Euphrates river and everywhere in Syria, under the pretext of fighting the Islamic State in Iraq and the Levant (ISIL). It used internationally prohibited weapons against civilians in Syria, including American Napalm, just as it did in Viet Nam. The international coalition targeted Syrian armed forces and allied forces more than once in order to break the siege on ISIL. The coalition and its militias made a deal with ISIL so that ISIL fighters, their families and their heavy weapons could leave Raqqa and other places in order to fight the Syrian forces and their allies elsewhere.The United Nations is completely disregarding the repeated aggressions of Israeli occupation forces on our territories as part of its support to armed terrorist groups. The Department of Peacekeeping Operations is clueless as to what is going on in the Golan. The United Nations itself is completely disregarding Turkish aggressions and violations against Syrian sovereignty, and the direct military aggression initiated now by Turkey on Afrin. Nobody has addressed this issue in their statements.In conclusion, responding to those who fear that eastern Ghouta might become a second Aleppo, I invite them to go to Aleppo today and see with their own eyes how millions, not thousands, have resumed their normal lives after Aleppo was liberated from terrorism. Indeed, eastern Ghouta will become a second Aleppo, as will Idlib and all areas that have suffered under the terrorism of armed groups in Syria.We will not succumb no longer to the extortion of those who have supported terrorism in Syria. We will not be complacent to the plans of the Governments of the five States that met in Washington, D.C., last month to divide Syria and ensure the failure of both the Sochi conference and the political process as a whole. That news was reported today in the United Kingdom. We will not sit idly by while those who use terrorism, take unjust economic measures and wage direct military aggression against the Syrian people seek to achieve their cheap political agendas. Rest assured that history will soon admit that we and our allies have fought a war on behalf of the entire world against terrorism, which is being supported by Governments that soon will be held accountable by their people and world public opinion. Those Governments have invested all they can in terrorism until it reached their cities, their own citizens and all safe places throughout the world.When I look at some of the faces in the Chamber and see the political hypocrisy therein, I recall the famous adage by the Great Russian writer Fyodor Dostoyevsky, who said: "Rest assured, hell is big enough for everyone. There is no need for people to compete so fiercely to be the worst."The meeting rose at 2.10 p.m.
El presente artículo busca hacer una breve conceptualización del agotamiento del derecho marca de acuerdo a lo dispuesto por la legislación comunitaria europea, ya que para los bloques económicos suramericanos, en especial para la Comunidad Andina de Naciones (can), constituye un referente de cómo se ha logrado equilibrar los intereses de los agentes del mercado fomentando la libre competencia y la libre circulación de mercancías. Por lo tanto, mediante este análisis será posible determinar cuáles son los retos y debates que afrontan los países suramericanos sobre este tema. ; Derecho de marca; Agotamiento del derecho de marca; Mercado comunitario; Importaciones paralelas ; enero/junio 2015 ISSN: 0120-3754 Las PYME en América Latina, Japón, la Unión Europea, Estados Unidos y los clúster en Colombia Ángel Emilio Muñoz Cardona María Patricia Mayor López Movilidad urbana: cómo de nir el sistema de trans-porte público colectivo (SITP) en Bogotá Crispiniano Duarte Vega Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones Laila Katrina del Pilar Rojas Santana La participación del Instituto Nacional Electoral en las elecciones de Juntas Auxiliares en México Román Sánchez Zamora Gabriel Miranda Trejo Yunuén Catalina Reyes Archundia La adopción de las TIC con actitud crítica en el sector de la educación por parte del gobierno electrónico de Bogotá D. C. Un caso de éxito Jairo Augusto Ortegón Bolívar Las empresas como formadoras de identidad individual y grupal en la sociedad a partir de la fenomenología Germán Rubio Guerrero Luis Alfredo Muñoz Velasco Fernando Adolfo Fierro Celis Gestión para resultados en el desarrollo: hacia la construcción de buena gobernanza Sergio Alberto Chica Vélez Análisis de la estructura interna de los "grupos económicos" en Colombia en la transición del siglo XX al XXI Juan Sergio Cruz 61 45 Calle 44 n.º 53-37 CAN PBX 220 27 90 l FAX 315 25 60 A.A. 29745 l Bogotá, D.C. 40 41 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones* Laila Katrina del Pilar Rojas Santana Autora Laila Katrina del Pilar Rojas Santana Administradora pública, docente. Magíster en Análisis Económico del Derecho y las Políticas Públicas de la Universidad de Salamanca. Profesora de la Corporación Universitaria Minuto de Dios, Seccional Bello, Facultad de Ciencias Económicas y Administrativas Correo electrónico: rojaslaila@gmail.com Dirección postal: Carrera 96 b n.° 17b-40, apto 104, int. 10, Fontibón, Bogotá D. C. Fecha de recepción: 10.06.2015 Fecha de aprobación: 5.09.2015 Resumen El presente artículo busca hacer una breve conceptualización del agotamiento del derecho marca de acuerdo a lo dispuesto por la legislación comunitaria europea, ya que para los bloques económicos suramericanos, en especial para la Comunidad Andina de Naciones (can), constituye un referente de cómo se ha logrado equilibrar los intereses de los agentes del mercado fomentando la libre competencia y la libre circulación de mercancías. Por lo tanto, mediante este análisis será posible determinar cuáles son los retos y debates que afrontan los países suramericanos sobre este tema. Palabras clave: Derecho de marca, agotamiento del derecho de marca, mercado comunitario, importaciones paralelas. Abstract This paper presents research results on the identification of shortco-mings that communities suffer regarding the quality in the provision of touristic services and management of this economic activity. From there, a training process in touristic services is proposed with emphasis on community tourism strategies, as well as management tools that facilitate the integration of different agencies and communities of the sector. The text discusses, first, an approach to the concept of commu-nity tourism and its state of the art. Secondly, it presents the diagnostic and composition of the touristic product in the districts of Ciudad Bolivar, Usme and Sumapaz in the Colombian Capital City of Bogotá. Then, the article reviews the current activities of these communities in community tourism, under the auspices of the district government and some institutions such as universities and NGOs. Finally, quantitative and qualitative findings reached with the fieldwork, shown in tabulated results of surveys, observation and interview inquiries made by resear-chers and assistants are described. Keywords: tourism, empowerment, strategic plan, development. Resumo O presente artigo expõe os resultados da investigação de falências que têm as comunidades com relação à qualidade na prestação dos serviços turísticos e a gestão administrativa desta atividade econômi-ca. Daí, é proposto um processo de formação em serviços turísticos com ênfase nas estratégias de turismo comunitário, assim como nas ferramentas administrativas e de gestão que permitam a integração dos diferentes organismos e comunidades do setor. O texto aborda, no primeiro lugar, uma aproximação ao conceito de turismo comunitário e seu estado da arte. No segundo lugar, apresenta os diagnósticos e a composição do produto turístico nas localidades de Ciudad Bolívar, Usme e Sumapaz no Distrito Capital de Bogotá. Depois, resenha as atividades que são desenvolvidas atualmente nestas comunidades em matéria de turismo comunitário, sob o auspicio do governo distrital e algumas entidades como universidades e ONGs. Para finalizar, são descritos os avindos quantitativos e qualitativos alcançados com o tra-balho de campo, representado em resultados tabulados das pesquisas, indagações, observações participantes e entrevistas efetuadas pelos investigadores e auxiliares. Palavras chave: turismo, empoderamento, plano estratégico, desen-volvimento. * Este artículo fue redactado a partir de la tesis de grado "Agotamiento del derecho de marca", adelantada para optar al título de Máster en Análisis Económico del Derecho y las Políticas Públicas, ofrecido por la Universidad de Salamanca Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 42 43 1. Introducción El agotamiento del derecho de marca ha sido un tema recurrente en las legislaciones internas de propiedad indus-trial y en los bloques económicos con el fin de impulsar el libre comercio. Es una pieza angular que permite la libre de circulación de mercancías, la libre competencia en la distribución de productos en el mercado interior y, por lo tanto, un resultado eficiente del mercado al aumentar la competencia en la distribución y generar efectos positivos para el consumidor. Actualmente existe un amplio análisis de agotamiento del derecho de marca en el Espacio Económico Europeo (eee) gracias a los abundantes pronunciamientos del Tribunal de Justicia de la Comunidad Europea (tjce) porque el ago-tamiento es un instrumento clave para la libre circulación de mercancías y la libre competencia en la distribución de productos en el mercado interior comunitario. Es decir, el agotamiento de derechos de propiedad intelec-tual, y en particular el agotamiento del derecho de marca, se erige en un mecanismo jurídico fundamental para la construcción de un mercado único europeo sin fronteras geográficas ni políticas, regido por la libre competencia. Así pues, la concepción del agotamiento de marca es un punto de partida que nos permite comparar cómo este se ha desarrollado en otros ordenamientos comunitarios o regionales, en especial en el principal bloque económico suramericano: la Comunidad Andina de Naciones (can). 2. Derechos exclusivos otorgados por la marca y el agotamiento del derecho de marca Los bienes que hacen parte de la propiedad industrial tienen como función principal impulsar la competencia en el mercado. Las marcas, como propiedad intelectual, son una creación del intelecto derivada del talento humano y constituyen, como signos distintivos fruto de la creación, un bien incorporal o inmaterial al que la ley protege a través de norma especial, otorgando a su titular un derecho exclu-sivo sobre ellas (Bercovitz, 2002; Fernández, 2001). Las marcas son signos distintivos que fomentan la competencia en el mercado al evitar el riesgo de asociación y confusión entre los usuarios y, así mismo, otorgan una posición en el mercado a los productos bajo la marca. Una marca, entendida como cualquier signo que sea apto para distinguir productos o servicios en el mercado (Decisión 486, 2000, art. 134), cumple cuatro funciones principales en el plano económico: la función indicadora del origen empresarial, la función indicadora de la calidad de los productos o servicios, la función publicitaria y la función de condensación de la reputación o goodwill de la marca. Es un instrumento que les permite a los empresarios su actuación en el mercado y sirve para asegurar que todos los productos o servicios distinguidos con ella tienen el mismo origen empresarial (Bercovitz, 2008, p. 124), así mismo, la marca constituye el control de garantía por la cual una empresa es responsable de la calidad (Tribunal de Justicia de la Comunidad Europea, 2002, C-299/99, p. 10). y permite a su titular organizar su participación en el mercado y la comercialización de sus productos o servicios dentro del mismo (Bercovitz, 2008, p. 125). Por último, la marca es de gran utilidad para la protección de los consumidores, en la medida en que permite identi-ficar y distinguir los diversos productos o servicios que se ofrecen, posibilitando así la elección entre ellos (Bercovitz, 2008, p. 125). En este sentido, la reputación que genera la marca es una herramienta del mercado para evitar las ineficiencias causadas por la asimetría de la información entre consumidores y productores, así, esta busca el buen funcionamiento del mercado mediante la transparencia de la información y, por lo tanto, logra una competencia leal. Dadas las anteriores características, el titular de la marca adquiere una posición jurídica cuyo contenido esencial es el derecho exclusivo sobre la marca (Galán, 2008, p. 532). Sobre el particular, la can establece que: El registro de una marca confiere a su titular el derecho de impedir a cualquier tercero realizar, sin su consentimiento, los siguiente actos: a) aplicar o colocar la marca o un signo distintivo idéntico o semejante sobre productos para los cuales se ha registrado la marca […], b) suprimir o modificar la marca con fines comerciales, después de que se hubiese aplicado o colocado sobre los productos para los cuales se ha registrado la marca […]; c) fabricar materiales que reproduzcan o contengan la marca, así como comercializar o detentar tales materiales […], d) usar en el comercio un signo idéntico o similar a la marca respecto de cualesquiera productos o servicios, cuando tal uso pudiese causar confusión o un riesgo de asociación con el titular del registro […], e) usar en el comercio un signo idéntico o similar a una marca notoriamente conocida respecto de cualesquiera productos o servicios, cuando ello pudiese causar al titular del registro un daño económico o comercial injusto por razón de una dilución de la fuerza distintiva o del valor comercial o publicitario de la marca, o por razón de un aprovechamiento injusto del prestigio de la marca o de su titular, entre otros. (Decisión 486, 2000 art. 155) El derecho conferido por la can, así como la mayoría de ordenamientos, hace referencia a la vertiente negativa del derecho de marca ius prohibendi, ya que la marca es un bien inmaterial en el que cabe la utilización y posesión simultá-nea por otros, por lo cual, para crear una escasez artificial es esencial que se reconozca la prohibición de utilización de la marca a terceros. De esta manera, el titular de la marca tiene derecho le-gítimo a su uso, a introducir, comercializar, publicitar, importar, exportar, almacenar, transportar o vender los productos o servicios identificados con la marca en el mercado (Superintendencia de Industria y Comercio, 2008, p. 33) y autorizar a un tercero a usar la marca a través de las licencias. Sin embargo, el derecho del titular de la marca no es absoluto (Concepto 02007889, 2002, párr.19), ya que el derecho de exclusividad supone una restricción al libre comercio. El derecho de exclusión otorgado al titular no tiene como finalidad prohibir todos los usos de la marca, sino limitar los actos o los usos de la marca susceptibles a causar confusión en el público, por lo tanto, cuando no hay riesgo de confusión, no hay acto de infracción de marca (De las Heras, 1994, p. 113). En consecuencia: Una vez la marca ha cumplido su función no puede tolerarse el mantenimiento de aquellos derechos, ya que ello supondría permitir al titular de la marca controlar, de forma injustificada y en contra de los principios competitivos, la ulterior comercialización de los productos realizada al amparo de aquel derecho exclusivo. (Fernández, 1990, p. 171) Por consiguiente, el titular de la marca tiene un monopolio de decisión sobre la forma, modo de comercialización, cantidad, precio, calidad características esenciales, etc., otorgado por el derecho exclusivo de la marca, hasta la primera venta del producto. Pero una vez comercializado el producto, el titular pierde el control sobre las sucesivas comercializaciones, a menos que venda directamente el producto al consumidor final o lo haga mediante canales de distribución (Martin, 2001, p. 72). Es necesario señalar que mientras el mercado común se basa en la libre circulación de mercancías, el derecho de marca, restringe esa libertad de circulación y competencia al reconocer el derecho del titular de la marca a oponerse a la comercialización ulterior de los productos contraseñados con la marca. En este sentido, el derecho de marca y la libre circulación de mercancías son opuestos. No obstante, el principio de agotamiento del derecho de marca permite conciliar los intereses del titular de la marca y del público contra los actos de confusión, así como de los importadores paralelos. De esta manera, la función de la marca cumple un doble papel en la libre competencia. Por una parte la restringe, al excluir a los demás de participar en una actividad económi-ca específica, y por la otra, favorece la actividad competitiva (Parra, 2002, p. 23). Por lo anterior, las normas sobre defensa de la libre compe-tencia, respecto a las marcas, han buscado no solo impedir las restricciones a la libertad de competencia sino también Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 44 45 las restricciones al principio de libre circulación (Roncero, 1999, p. 351). El Tribunal de Justicia de la Comunidad Económica Europea (tjcee) sostiene que el titular de la marca tiene el derecho exclusivo sobre la primera comercia-lización del producto, protegiéndolo de competidores que pretendan abusar de la posición y del prestigio de la marca vendiendo productos designados indebidamente con ella (Asunto 17/74, 1974, p. 486). Pero una vez cumplidos los fines esenciales de la marca, el titular del derecho no puede limitar la libre circulación de las mercancías invocando este derecho (Roncero, 1999, p. 353). Si no se agota el derecho exclusivo del titular de la marca después de la primera comercialización, se generaría un obstáculo a la libre circulación de mercancías y con ello a la libre competencia en la distribución, ya que el titular podría invocar el ius prohibendi para oponerse a cualquier comercialización ulterior del producto, aun cuando no esté justificado. Además, como lo señala el tjcee, el titular de la marca tendría la posibilidad de compartimentar los mercados nacionales, dando lugar con ello a una restricción en el comercio entre los Estados miembros, sin que dicha restricción sea necesaria para garantizar el contenido del derecho exclusivo derivado de la marca (Asunto 17/74, 1974, p. 486 ). En definitiva, puede decirse que la regla del agotamiento constituye una norma promotora de la libre competencia insertada en la legislación de propiedad intelectual y, en particular, en la legislación marcaria, para limitar (o de-limitar) el alcance del derecho exclusivo en pro de la libre competencia en el sector de la distribución de mercancías. Ante la creciente expansión de redes de distribución con-troladas por el fabricante o licenciatarios de su marca, el agotamiento se muestra como un engranaje fundamental para facilitar el comercio paralelo o mercados grises en el sector de la distribución comercial; siempre que con ello no se afecte negativamente las funciones esenciales de la marca, los intereses del titular de la misma ni de los con-sumidores o usuarios en la capacidad de elección libre de las opciones que se ponen a su disposición en el mercado. El sistema de marcas es un instrumento destinado a pro-mover la libre competencia: la marca es un instrumento para competir. Su función esencial es permitir identificar los productos y permitir que los consumidores se informen. En este sentido, el derecho otorgado por la marca no tiene como fin que el titular de la marca controle la posterior distribución de las mercancías ni busca restringir la libre competencia (Martin, 2001, p. 73). Sin embargo, así como el derecho exclusivo de la marca no es absoluto, el agotamiento tampoco lo es, ya que este no se aplica cuando existen motivos legítimos que justifiquen que el titular se oponga a la comercialización ulterior de los productos. Esta excepción al agotamiento de marca se justifica en la medida en que se busca salvaguardar las funciones del signo. Por lo tanto, el titular de la marca podrá oponerse a la co-mercialización del producto contraseñado una vez agotado su derecho cuando exista el riesgo de crear confusión en el público acerca de las características esenciales del producto o de su origen empresarial (Martin, 2001, p. 73). Si el ti-tular de la marca no pudiera imponer su ius prohibendi en los casos en los que se realicen actos que puedan generar confusión en el público, no solo se estarían vulnerando los derechos de los consumidores, sino que no se protegería la lealtad de la competencia en el mercado. La can ha incluido en su legislación de marcas la posibi-lidad de que el titular de la marca se oponga a la posterior comercialización de los productos contraseñados, aunque, como veremos, poco se han desarrollado estas excepciones. 3. Clases de agotamiento de derecho de marca Existen tres regímenes de agotamiento del derecho de marca: el agotamiento nacional, el comunitario y el inter-nacional. Cada uno de ellos genera posiciones distintas del titular de marca frente a importadores paralelos. El agotamiento nacional se produce cuando el producto es comercializado por primera vez por el titular de la marca o por un tercero con su consentimiento en el mercado nacio-nal. Así, el agotamiento del derecho está supeditado a que la primera comercialización se haya producido dentro del país. Esta opción es adoptada en aras de la unidad del mer-cado nacional y del libre comercio interior (De las Heras, 1994, p. 26) y ha sido implementada por países como Brasil. El agotamiento comunitario se origina cuando el producto es comercializado por primera vez por el titular de la mar-ca o por un tercero con su consentimiento en el mercado comunitario o regional. En este caso, el agotamiento del derecho supone como requisito que la primera comer-cialización del mismo se produzca dentro del mercado comunitario o regional. Este régimen tiene como objetivo el fortalecimiento y la libertad de comercio en el mercado común (De las Heras, 1994, p. 26), y supone la creación de una barrera al comer-cio internacional (Martin, 2001, p. 31). De esta manera, se configura el "agotamiento comunitario como excluyente del agotamiento internacional" (Ruiz, 2005, p. 353). La Unión Europea (ue) es, por excelencia, el representante de esta clase de agotamiento. Finalmente, el agotamiento internacional se produce cuan-do el producto es comercializado por el titular de la marca o por un tercero con su consentimiento en cualquier país, es decir, en el mercado nacional, comunitario o regional, o en un mercado extranjero. El agotamiento internacional signi-fica "la libertad plena de las importaciones y subsiguientes ventas paralelas de los productos de la marca auténtica en el Estado importador en que esa marca estuviese registrado" (Martin, 2001, p. 27). Este régimen de agotamiento ha sido adoptado por la can y por Estados Unidos. La elección entre el régimen comunitario y el régimen internacional ha generado varios debates en la ue. Diversos han sido los argumentos que se han señalado para mante-ner el régimen comunitario del agotamiento del derecho de marca, entre ellos que la adopción del agotamiento internacional haría que las compañías europeas tuvieran que enfrentarse a una competencia en desventaja, ya que el proceso de integración no ha ocurrido todavía en el ámbito mundial. Sobre el particular, el Comité Económico y Social Europeo emitió un dictamen sobre el agotamiento de los derechos conferidos por la marca. En el documento se sostiene que el régimen actual mantiene una cierta calidad de los productos y unos servicios postventa, características que los importa-dores paralelos no proveen a los consumidores europeos. Así mismo se señala que un cambio de régimen a largo plazo podría inhibir la inversión en nuevos productos o hacer que marcas registradas retirasen productos ya es-tablecidos en el mercado ante la falta de competitividad con los productos importados. También establece las grandes diferencias en materia de normas socio-laborales, administrativas y medio ambientales entre la ue y aquellos países en los que los importadores paralelos se proveen de los productos. Sostiene que el agotamiento comunitario garantiza que los consumidores europeos cuenten con la disponibilidad de los productos en todas sus posibilidades y gamas; y que un régimen de agotamiento internacional puede favorecer el aumento de productos falsificados en la ue, lo que generaría un efecto negativo sobre el crecimiento económico europeo (2001/C 123/05, 2001, pp. 31-32). De acuerdo con el dictamen, los aspectos positivos del agotamiento del derecho internacional referente a la dismi-nución de los precios en beneficio de los consumidores son contrarrestados por la consideración de que la introducción de nuevas tecnologías genera que los consumidores puedan acceder a una gran variedad de productos a precios más bajos (2001/C 123/05, 2001, p. 32 ). Respecto al comercio con terceros países ha señalado que no se puede comparar la integración europea y el esfuerzo por terminar con las barreras que impiden la libre circula-ción de mercancías con otros procesos, además, dado que las compañías europeas que compiten en un mercado global tienen que enfrentarse a compañías con costes bastante más bajos a los europeos en materia de producción, el régimen de agotamiento comunitario defiende de alguna manera a estas compañías, así como a las compañías no europeas que trabajan en el mercado único. Algunos autores indican que "el agotamiento comunitario no solo no beneficia a las empresas de la ue, sino que las perjudica" (Fernández, 2005, p. 32), ya que se ven discri-minadas en la medida en que las empresas comunitarias que fabrican en países comunitarios ven agotado su derecho de marca con la primera comercialización del producto en países comunitarios (De las Heras, 1994, p. 35). También se ha dicho que las empresas importadoras comuni-tarias se ven afectadas en la medida en que las importaciones de productos auténticos comercializados por el titular de la marca o con su consentimiento en terceros Estados pueden ser impedidas por el titular de la marca. Igualmente, los consumidores se ven afectados, ya que no pueden disfrutar del aumento de la competencia y, por ende, de la disminución de precios y el aumento de la oferta. 4. Agotamiento del derecho de marca e importaciones paralelas El agotamiento del derecho de marca está íntimamente relacionado con las denominadas importaciones paralelas (Fernández, 2005, p. 1) o, en términos más generales, el comercio paralelo o comercio gris. Este último se produce cuando el precio en un país exportador es más bajo que en el país importador, de tal manera que los comerciantes parale-los aprovechan la diferencia de precios y ofrecen los produc-tos importados, a precios más bajos, en el país exportador. Estos dos temas adquieren relevancia debido a la supresión de barreras al comercio, suscritas tanto en los mercados comunes como en los tratados de libre comercio (tlc) suscritos de manera bilateral y multilateral. Así, la apertura de los mercados facilita la libre circulación de bienes, no obstante, "también aumenta la producción y distribución de falsificaciones de los productos originales de la marca" (Fernández, 2005, p. 4), lo que permite la aparición del mercado gris. Como lo señalan los análisis de distintos autores (Fernán-dez, 2005, p. 3), en el agotamiento del derecho y de las importaciones paralelas entran en conflicto los intereses Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 46 47 de varios agentes del mercado. Por una parte, el titular de la marca busca impedir las importaciones paralelas, no solo para conseguir vender a precios más altos, sino para evitar que esas importaciones infrinjan sus intereses legítimos en la medida en que las modificaciones o alteraciones a los productos, para facilitar su introducción en el mercado importador, menoscaban la reputación de la marca o per-judican la garantía de origen. Los consumidores, por otro lado, se ven beneficiados en la medida en que el libre comercio aumenta el número de productos entre los que puede elegir, y genera un aumento de competencia que disminuye los precios, ya que estos se acercan al coste marginal (Mankiw, 2008, p. 241). Por con-siguiente, se han buscado mecanismos que equilibren tanto los derechos del titular de la marca como los de los consu-midores, facilitando así la libre circulación de mercancías. 5. Agotamiento del derecho de marca en la can La búsqueda de integración de Bolivia, Ecuador, Colom-bia, Perú y Chile se llevó a cabo mediante el Acuerdo de Cartagena (ac), suscrito en el año 1969, acuerdo que tiene como objetivo promover el desarrollo de los países miem-bros mediante la integración y la cooperación económica y social, con miras a la formación gradual de un mercado común latinoamericano. De esta manera, la can, conocida en ese entonces como el Pacto Andino, se puso en marcha. En 1973 Venezuela se adhirió al acuerdo y se retiró en 2006, así mismo, en 1976 Chile abandono la can. Uno de los objetivos para llevar a cabo esta integración fue el programa de liberación, que tiene por objeto "eli-minar los gravámenes y las restricciones de todo orden que incidan sobre la importación de productos originarios del territorio de cualquier país miembro" (Decisión 563, 2003, art. 72). Más adelante surgieron otros intentos, tales como el acta de La Paz, firmada en 1990, que tenía entre sus objetivos conformar una zona de libre comercio al 31 de diciembre de 1991 mediante la aceleración del programa de liberali-zación para la desgravación automática; y el acta de Bara-hona, firmada en 1991, que establecía el funcionamiento de la zona de libre comercio a partir de 1992, que empezó a funcionar finalmente a partir de 1993. En materia de propiedad industrial, la can se ha pronun-ciado mediante la Decisión 85 de 1974, que fue reem-plazada por la Decisión 313 de Régimen Común sobre Propiedad Industrial, en el año 1991. Actualmente rige la Decisión 486 del 1.° de diciembre de 2000, por medio de la cual se adopta el nuevo Régimen Común sobre Propiedad Industrial. Tal como lo afirma Rubio (1996), citado por Parra (2002, p. 24), en función del libre comercio, la Decisión 486 del 1.° de diciembre de 2000 utiliza, entre otros mecanismos, el agotamiento del derecho de marca y la admisión de las im-portaciones paralelas "para garantizar que el ejercicio de los derechos derivados de la propiedad industrial no desborde el límite impuesto por un sistema de libre competencia". La importancia del agotamiento del derecho de marca en la can radica en que es un instrumento que permite consolidar un mercado común. Este precepto adquiere aún más relevancia si se tienen en cuenta el proceso y los esfuerzos adelantados por los países miembros para crear un mercado común en el marco de un proyecto integrador (Basombrio, 2004, p.14) En la can, a diferencia de otros ordenamientos comunita-rios, en especial del eee, el derecho que otorga el registro de la marca se limita al territorio en el que se otorga la respectiva concesión, y esta no puede extenderse más allá del territorio del respectivo Estado (Concepto 02065886, 2002, párr.2). Esta interpretación se desprende de lo establecido en el artículo 154 de la Decisión 486 (2000), que señala que el derecho al uso exclusivo de una marca se adquirirá por el registro de la misma ante la respectiva oficina nacional competente. Respecto al comercio paralelo, los países miembros de la can lo han señalado como "una consecuencia lógica de economías liberalizadas", y que por lo tanto han reconoci-do que ese tema "va a adquirir mayor importancia con el aumento del tráfico de mercancías entre Estados" (Organi-zación Mundial de la Propiedad Intelectual, 2002, p. 15). Aun cuando su importancia es evidente, el desarrollo de los supuestos en los cuales se produce el agotamiento, así como las excepciones que le permiten al titular oponerse a la comercialización de los productos contraseñados, no han sido tan desarrollados como en el eee. Como lo indica Lombeyda (2013, p. 192) el tjca no se ha pronunciado frente al agotamiento del derecho de mar-ca, únicamente ha realizado breves referencias al tema. Igualmente, la doctrina andina se ha limitado a un aná-lisis superficial, aun cuando la importancia del desarrollo de supuestos en los cuales se produce el agotamiento, así como las excepciones que permiten al titular oponerse a la comercialización de los productos contraseñados, es evidente, lo que indica que el grado de integración de los países miembros es todavía incipiente. Finalmente, cabe resaltar que los países miembros de la can señalan tres consecuencias específicas del comercio paralelo generado por la adopción del agotamiento inter-nacional del derecho de marca. Para el titular de la marca, es relevante Cuando existe una diferencia de precios sustancial […], ya que en ese momento es que a él le interesaría obtener una compensación del importador paralelo. Para los consumidores implica un aumento de la oferta del producto original, una competencia de precios y una disminución de los precios, así como fuentes alternativas de obtención. Para el sistema de libre empresa, entre los beneficios reconocidos se encuentran el fomento a competencia, una mejor satisfacción de la demanda y el incremento de la oferta. (Organización Mundial de la Propiedad Intelectual, 2002, p. 15) 6. Requisitos para el agotamiento del derecho de marca Para que se configure el agotamiento del derecho de marca en la can existen unos requisitos específicos, a saber, pro-ductos introducidos en el comercio (requisito objetivo), por el titular o por un tercero con su consentimiento (requisito subjetivo) y, dado que el agotamiento es internacional, esta introducción puede llevarse a cabo en cualquier país. Requisito objetivo: productos introducidos en el comercio Como requisito objetivo, la legislación comunitaria andina indica que el agotamiento del derecho de marca se da una vez los productos hayan sido introducidos en el comercio por el titular del registro o por otra persona con consenti-miento del titular o económicamente vinculada a él. Nótese que, a diferencia del agotamiento comunitario europeo, la can no utiliza el término "comercialización", sino que utiliza la introducción en el comercio para referirse al requisito objetivo. Por lo tanto, surge el debate acerca de si la introducción de productos en el comercio hace referencia a los actos asociados a la comercialización, por ejemplo la importación de productos sin que estos hayan sido comercializados, o si, por el contrario, la introducción en el comercio se entiende en el sentido restringido de la comercialización de los mismos. La elección de uno u otro concepto es determinante, ya que sus diferencias y sus efectos en la aplicación del ius prohi-bendi por parte del titular de la marca son distintos. Si se acepta la introducción de un producto en el comercio como la importación de mercancías con la intención de vender el producto, sin que este llegue a venderse, por ejemplo guardar una cantidad de un producto contraseñado con una marca en un almacén o en un depósito, habría lugar al agotamiento del derecho inmediatamente estos productos fueran importados; mientras que si la introducción de un producto en el comercio se entiende como la comerciali-zación del mismo, se estaría haciendo una interpretación semejante a la que hace el tjce, en el sentido de que la intención de vender un producto no transmite al tercero el derecho de disponer de los productos designados con la marca y no le permite al titular hacer efectivo el valor. Por lo tanto, el agotamiento del derecho se daría únicamente con la venta del mismo. En este sentido, la ompi aclara que cuando se hace refe-rencia a la introducción en el mercado de los productos o servicios identificados con la marca, no solo se alude exclusivamente a la comercialización, sino que también se incluyen aquellas actividades preparatorias o conectadas con la comercialización (Organización Mundial de la Propiedad Intelectual, 2002, p. 7). Por lo tanto, el ago-tamiento del derecho de la marca en la can, a diferencia de las condiciones que plantea el legislador de la ue, no se restringe a la comercialización, sino que se amplía a todo su proceso (Organización Mundial de la Propiedad Intelectual, 2002, p. 7) Requisito territorial: cualquier país A diferencia de la ue, que señala como requisito previo al agotamiento del derecho de marca la comercialización por primera vez de los productos en el eee, la can apunta al agotamiento de marca internacional. Esta interpretación se desprende del hecho de que el artículo 158 de la Decisión 486 se refiere al agotamiento del derecho de marca después de que ese producto se hubiese introducido en el comercio en cualquier país. El tjca afirmó el agotamiento de marca internacional al señalar en la interpretación prejudicial que el agotamiento del derecho de marca está exceptuado de territorialidad (Proceso 17-IP-98, 1998, pp. 9-10 ). Así mismo, en el seminario de la ompi para los países andinos sobre la observancia de los derechos de propiedad intelectual en la frontera, dispone que, de acuerdo con el alcance territorial, el agotamiento adoptado por la can es el internacional, ya que con la primera comercialización de los productos identificados con la marca en un mercado extranjero se configura la limitación. "Significa la plena libertad de las subsiguientes ventas de los productos identificados con la marca auténtica tanto fuera como dentro del país en que se encuentra registrada, una vez su titular la ha comercializa-do en cualquier lugar del mundo" (Organización Mundial de la Propiedad Intelectual, 2010, p. 14). Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 48 49 Requisito subjetivo: consentimiento del titular El agotamiento del derecho exclusivo de marca se da en virtud de la facultad que tiene el titular de la marca de comerciar esos productos o servicios con identificación de su marca, así en la faceta negativa esa facultad se traduce en la prohibición que puede lograr el titular para que terceros vendan productos o suministren servicios bajo el amparo de un signo igual o similar (Proceso 66-IP-2000, 2000, p. 7). De esta manera, la condición para el agotamiento del derecho de marca es que el producto haya sido puesto en el comercio por el titular o por un tercero, con el consen-timiento o económicamente vinculado a él (Decisión 486, 2000 art. 158). El consentimiento dado por el titular de la marca puede ser explicito, implícito o tácito. El consentimiento expreso se desarrolla a través del otorgamiento de una licencia sobre la marca. El consentimiento implícito se produce cuando el producto es comercializado por agentes o representantes autorizados o por filiales del fabricante que registran la marca a su nombre en los países donde se va a producir la comercialización por parte de la filial (Carbajo, 2009, p. 150). En este caso, la actuación fiduciaria no le permite al titular oponerse a su posterior comercialización. Por lo tanto, es fundamental aclarar qué tipo de consentimiento adopta, es decir, si este consentimiento debe ser expreso, implícito o tácito, en especial en cuestiones referentes a las importaciones paralelas y a la distribución selectiva. La interpretación prejudicial del tjca dispone en varios procesos que, conforme al sistema andino, la única forma de adquirir el derecho al uso exclusivo de la marca es por medio del registro, el cual le permite a su titular ejercer el ius prohibendi para impedir que terceros utilicen su mar-ca, sin su expreso consentimiento, en bienes o servicios idénticos o similares, a tal extremo que pueda causarle confusión al consumidor, que es a quien protege, en esen-cia, el derecho marcario. En este sentido, la interpretación prejudicial apunta a que la condición del agotamiento del derecho de marca está sujeta al consentimiento explícito por parte del titular (Proceso 33-IP-2000, 2000, Proceso 116-IP-2004, 2004). Es necesario hacer referencia a las importaciones paralelas para determinar si el titular de una marca puede impedir que terceros importen un producto originalmente marcado cuando estos productos han sido producidos o introduci-dos en el mercado extranjero por él mismo o por personas vinculadas económicamente a él. Este debate responde a la tensión que existe entre el reconocimiento del derecho exclusivo de marca, que se circunscribe al ámbito nacional, y el alcance del agotamiento del derecho de marca, que obedece al terreno internacional. 7. Excepciones al agotamiento de marca La legislación andina ha determinado excepciones al ago-tamiento del derecho de marca. Al respecto señala que: El registro de una marca no dará el derecho de impedir a un tercero realizar actos de comercio respecto de un producto protegido por dicho registro, en particular cuando los productos y los envases o embalajes que estuviesen en contacto directo con ellos no hubiesen sufrido ninguna modificación, alteración o deterioro. (Decisión 486, 2000, art. 158) De lo anterior se puede deducir que una vez que se ha agotado el derecho, en los casos en los que el producto y envase o embalaje que estuviese en contacto directo con él hubiese sufrido alguna modificación, alteración o deterio-ro, el titular puede invocar su ius prohibendi para oponerse a la ulterior comercialización del producto contraseñado con la marca. Sin embargo, este no es el único caso en el que el titular de la marca puede invocar ius prohibendi una vez agotado el derecho, ya que el legislador, al decir "en particular", acepta que existen otras situaciones en las se puede permitir que el titular de la maca se oponga a su comercialización. Las excepciones al agotamiento del derecho de marca son importantes, en la medida en que favorecen que la marca cumpla su función esencial, es decir, que sirvan como indicadora del origen empresarial. Como se vio antes, aunque estas excepciones suponen una restricción al libre comercio, son necesarias en la medida en que fomentan la libre competencia y evitan la competencia desleal. Siguiendo lo dispuesto en la ue en cuanto a las excepciones al agotamiento de marca, haremos referencia a la altera-ción de los productos y al menoscabo de la reputación de la marca como causas por las cuales el titular de la marca puede invocar su ius prohibendi. Respecto a la modifica-ción de los productos, la Secretaria General de la can ha dispuesto que, si bien es cierto que el registro de una marca no le concede a su "titular el derecho de impedir a un tercero realizar actos de comercio respecto del producto protegido por dicho registro, ello está permitido, si y sólo si estos productos no hubiesen sufrido ninguna modificación, alteración o deterioro" (Resolución 590, 2002, p. 2). Es decir, el ordenamiento jurídico de la can prohíbe de manera expresa que los productos protegidos por una marca puedan ser modificados y comercializados, lo que consti-tuye una de las situaciones en las que el titular del derecho puede oponerse a la ulterior comercialización del mismo una vez se hayan dado las condiciones para el agotamiento del derecho. Ahora bien, el tjca no se ha pronunciado sobre los casos en los que estas modificaciones son necesarias para que el importador paralelo pueda acceder a los mercados de los países miembros. Sobre el particular, si llegase a realizar una interpretación similar a la sostenida por el tjce, en cuanto a las condiciones para el reetiquetado, reenvasado y sustitución de la marca, las restricciones sobre el comercio serían las mínimas posibles, ya que permitirían la modifi-cación de los productos (fomentando el libre comercio) y, al mismo tiempo, impondrían una serie de requisitos que garantizan la función esencial de la marca, con lo que se protege tanto a los consumidores como a los titulares de la marca de los actos de competencia desleal. Por otra parte, si opta por hacer una interpretación contraria, en la que no llegase a permitir ninguna alteración o modificación a los productos, estas medidas supondrían restricciones aún mayores al libre comercio en el mercado común. En cuanto al menoscabo de la reputación de la marca como excepción al agotamiento del derecho de marca, el tjca no se ha pronunciado. Sin embargo, es posible analizar en parte esta cuestión a la luz de la función esencial del derecho de marca. El tjca, mediante interpretación preju-dicial, ha determinado que "la finalidad que persiguen las acciones derivadas del ius prohibendi está dirigida a evitar que el doble uso de una marca idéntica o similar introduzca confusión en el mercado" (Proceso 11-IP-96, 1997, p. 34). La interpretación que hace la ompi en este sentido señala que el titular de la marca recobra su derecho de prohibir a terceros que realicen actos de uso de la marca que sean susceptibles de confundir al público consumidor sobre la verdadera procedencia empresarial del producto. Por lo anterior, en principio parece válido aceptar que el menoscabo a la reputación de una marca en la can consti-tuiría una excepción al agotamiento del derecho de marca, sin embargo, el tema no ha sido debatido por el bloque económico andino, entre otros factores porque allí no se ha desarrollado un mercado de productos de lujo y de prestigio tan ampliamente como en el mercado comunitario europeo. 8. Legislación interna y autoridad nacional competente El artículo 276 de la Decisión 486 señala que los países miembros de la can pueden regular aquellos asuntos no comprendidos en ella. El tjca, mediante interpretación prejudicial, ha concluido al respecto que los alcances de la regulación interna deben estar "inscritos en la filoso-fía y armonía jurídica que deben guardar con la norma comunitaria siempre prevaleciente" (Proceso 10-IP-94, 1995, p. 19). De esta manera, las disposiciones internas de los países miembros de la can en materia de agotamiento del derecho de marca solamente pueden reglamentar los vacíos o temas no tratados en la Decisión 486. En este sentido, en cada país andino hay una oficina nacio-nal competente y una autoridad nacional competente. La primera hace referencia al órgano administrativo encargado del registro de la propiedad industrial, mientras que la autoridad nacional competente es el órgano designado al efecto por la legislación nacional sobre la materia (Decisión 486, art. 273) Bolivia: Servicio Nacional de Propiedad Intelectual La oficina nacional competente en Bolivia es el Servicio Nacional de Propiedad Intelectual (Senapi). Fue creada por la Ley 1788 de 1997 y su misión es administrar en forma desconcentrada e integral el régimen de la propiedad intelectual en todos sus componentes (Decreto Supremo 28152, arts. 3 y 4). Para cumplir las funciones que le atribuye la ley, el Senapi cuenta con direcciones técnicas que se encargan de la evaluación y el procesamiento de las solicitudes de dere-chos de propiedad intelectual. La Dirección de Propiedad Intelectual, en particular, es la encargada de velar por el cumplimiento de las leyes, reglamentos, decretos, resolu-ciones, convenios, acuerdos internacionales y decisiones en materia de marcas y otros signos distintivos (Decreto Supremo 28152, art. 1 y 16). La ley reglamentaria de marcas, de 15 de enero de 1918, es la norma nacional que regula temas tales como los propietarios de marcas y de su registro de extinción, y las formalidades para el registro de marcas. Colombia: Superintendencia de Industria y Comercio Para Colombia, la oficina competente es la Superinten-dencia de Industria y Comercio (sic). El artículo 1.° del Decreto 2153 de 30 de diciembre de 1992 la define como "un organismo de carácter técnico, adscrito al Ministerio de Desarrollo Económico, que goza de autonomía admi-nistrativa, financiera y presupuestal". Su estructura fue reestructurada mediante el Decreto 4886 de diciembre 23 de 2011. Entre las funciones de este organismo, y que se relacionan con el agotamiento de derecho de marca, se encuentran: Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 50 51 62. Administrar el Sistema Nacional de la Propiedad Industrial y tramitar y decidir los asuntos relacionados con la misma. 63. Expedir las regulaciones que conforme a las normas supranacionales corresponden a la oficina nacional competente de propiedad industrial. 64. Impartir instrucciones en materia […] propiedad industrial […] y señalar los procedimientos para su cabal aplicación. (Decreto 4886, art.1) La legislación interna en materia de propiedad intelectual ha sido desarrollada por el Decreto 2591 de 2000, que reglamenta la Decisión 486. En este decreto se regulan, entre otros, las marcas y diseños industriales. En cuanto al agotamiento del derecho de marca, la Superintendencia no lo reglamenta en su derecho interno, por el contrario, sus conceptos y resoluciones se refieren al artículo 158 de la Decisión 486 y a las interpretaciones prejudiciales que realiza el tjca. Así, la doctrina colombiana se ha referido al agotamiento del derecho exclusivo de marca en el concepto 02007889 del 04 de abril de 2002. En especial, ha señalado que res-pecto a las importaciones paralelas: Un licenciatario con pacto de exclusividad sobre el uso de un signo puede verse eventualmente afectado con ocasión de la importación paralela y lícita por parte de terceros, de productos marcados con el signo objeto de la licencia. En este evento, tales productos en principio ingresarían al mercado local provenientes no directamente de operaciones de exportación realizadas por el licenciante, sino de operaciones de exportación realizadas por personas distintas del mismo, a partir de otros mercados donde los productos de este se encontraran. (párr. 26) Ecuador: Instituto Ecuatoriano de Propiedad Intelectual En Ecuador la oficina competente es el Instituto Ecuato-riano de Propiedad Intelectual (iepi). Creado por la Ley de Propiedad Intelectual en 1998, el iepi es "el organismo administrativo competente para propiciar, promover, fomentar, prevenir, proteger y defender, a nombre del Estado ecuatoriano, los derechos de propiedad intelectual […]" (art.3). Para cumplir las funciones asignadas, el iepi cuenta con la Dirección Nacional de Propiedad Industrial, que tiene en-tre sus funciones administrar los procesos de otorgamiento, registro o depósito, marcas, y administrar en materia de propiedad industrial los demás procesos administrativos contemplados en la ley (Ley de Propiedad Intelectual Codificada, art. 347 y 359). A diferencia de países como Colombia y Bolivia, que no hacen una trasposición a la legislación interna del agota-miento del derecho marca, Ecuador, mediante la Ley de Propiedad Intelectual, en su versión codificada, hace refe-rencia a la limitación del derecho que confiere el registro de marca para prohibir la ulterior comercialización de los productos: El derecho conferido por el registro de la marca no concede a su titular la posibilidad de prohibir el ingreso al país de productos marcados por dicho titular, su licenciatario o alguna otra persona autorizada para ello, que hubiesen sido vendidos o de otro modo introducidos lícitamente en el comercio nacional de cualquier país. (art. 219) Perú: Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual La oficina competente en la Republica de Perú es Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (Indecopi). Creado por el Decreto Ley 25868, tiene entre sus funciones administrar el sistema de otorgamiento y protección de los derechos de propiedad intelectual en todas sus manifestaciones, conforme a lo previsto por la ley (Decreto Legislativo 1033, art. 2). El Indecopi cuenta con la Dirección de Signos Distintivos, que tiene como función, entre otras, proteger los derechos otorgados sobre marcas; así, puede otorgar, reconocer o limitar tales derechos luego de un debido procedimiento (Decreto Legislativo 1033, arts. 42 y 36). La Ley de Propiedad Industrial regula el tema referente a las marcas, así mismo, en el Decreto Legislativo 1075, de 27 de junio de 2008, se señalan disposiciones comple-mentarias a la Decisión 486, entre ellas, las relativas al registro de marcas. Sin embargo, este no hace referencia al agotamiento del derecho de marca, por lo que la legislación peruana no hace una trasposición interna del artículo 158 de la Decisión 486. 9. Conclusiones En referencia al agotamiento del derecho de marca en Su-ramérica, este ha sido desarrollado por los dos principales bloques económicos en la región: la can y el Mercosur, con el fin de fomentar el libre comercio. En este sentido, aunque las principales jurisprudencias han establecido el mismo límite al derecho de marca, han surgido diferencias respecto a su extensión y excepciones. Así pues, de los bloques económicos en Suramérica, la can es la que más ha profundizado en el tema, al imple-mentar una legislación armonizada para todos los países miembros. Frente a lo desarrollado por este bloque, son varios los puntos que hay que analizar. La primera cuestión es si el régimen adoptado por la can realmente aporta a los objetivos de fortalecimiento del mercado común, toda vez que hasta el momento estos bloques económicos no se han consolidado debido a las diferencias que afrontan sus países miembros. La can ha optado por el régimen internacional del ago-tamiento del derecho de marca y, dado que este bloque económico no ha alcanzado un alto grado de consolidación, es debatible que lo haya adoptado, puesto que el régimen comunitario brinda mayor fortalecimiento y consolidación del mercado común. En ese sentido, fomentan en mayor medida los objetivos de señalados en el ac, tales como la integración económica, la formación gradual de un mer-cado común latinoamericano, la disminución de la vulne-rabilidad externa y el mejoramiento de la posición de los países miembros en el contexto económico internacional. El agotamiento internacional, por su parte, sitúa en posi-ción de desventaja a las empresas de los países de la can frente a empresas de otros bloques económicos o países que adoptan el agotamiento comunitario o nacional. Aunque algunos autores han resaltado los efectos positivos que el agotamiento internacional tiene frente al agota-miento comunitario, no son claras las razones que llevaron al legislador andino a adoptar este régimen. Lo anterior da lugar al planteamiento de que si lo que se buscaba era fortalecer el mercado común y el libre comercio intracomu-nitario, optar por el agotamiento comunitario hubiera sido una mejor opción, en la medida en que permite proteger la economía, las inversiones nacionales o comunitarias e impulsaría el comercio entre los países miembros. Por otra parte, el tjca ha interpretado la normatividad andina del agotamiento del derecho de marca en algunos aspectos, entre ellos, lo que se entiende por introducción en el comercio, respecto del cual se contemplan los actos de comercio y no únicamente la comercialización, a diferencia del agotamiento de marca en el eee. La Decisión 486, por medio de la cual se determinan el Régimen Común sobre Propiedad Industrial en la Comu-nidad Andina y las demás normas que la rigen, solo puede ser interpretada por el tjca, ya que es el único órgano competente, de acuerdo a lo dispuesto en su tratado de creación y, sobre todo, porque con ello se asegura una apli-cación uniforme de las normas en toda la can (Concepto 02031947, 2002, párr. 5). En este sentido se entiende que la decisión es normativa o legislativa. Teniendo en cuenta lo anterior, es necesario precisar que el tjca no se ha pronunciado acerca de algunos temas específicos del artículo 158 de la Decisión 486 sobre el agotamiento del derecho de marca. Es decir, existen cues-tiones que no han sido objeto de interpretación prejudicial debido a que, hasta el momento, no se han presentado casos o situaciones que así lo requieran en este tema. Entre las cuestiones que se encuentran pendientes por aclarar se encuentra el consentimiento del titular, es decir, si este puede ser tácito o únicamente se acepta un consen-timiento expreso cuando un tercero invoca el agotamiento del derecho de marca. Por otra parte, tampoco ha aclarado si el consentimiento debe referirse a cada ejemplar del producto respecto del cual se invoca el agotamiento, aunque, al parecer, una interpretación semejante a la que hace el tjce sería la solución más viable. Ahora bien, la legislación andina considera que varios pue-den ser los casos en los que una vez agotado el derecho de marca el titular del derecho puede oponerse a su posterior comercialización. Ha manifestado que cuando los produc-tos y los envases o embalajes que estuviesen en contacto directo con ellos hubiesen sufrido alguna modificación, alteración o deterioro, el titular de la marca puede oponerse a los actos de comercio realizados por un tercero. Es decir, la modificación de los productos una vez comercializados le permite al titular del derecho invocar su ius prohibendi para impedir posteriores comercializaciones. Hasta el momento, el tjca no ha se ha referido a alteración de los productos cuando esta se sustente en la necesidad del importador para acceder a los mercados, y tampoco ha he-cho referencia a la reputación de la marca como factor que permita invocar su derecho cuando este se haya agotado. Respecto a este último, además de las consideraciones he-chas, cabe plantearse si el tjca adoptaría una interpretación similar a la que hace el ttjce para el caso específico de la comercialización de productos que gozan de una imagen de prestigio por parte de distribuidores autorizados o comer-ciantes paralelos en aquellos casos en los que la infracción Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 52 53 de las condiciones de comercialización impuestas por parte del titular de la marca producen un menoscabo de la sensación de lujo que emana de los productos. Finalmente, es necesario señalar que en la medida en que avancen en la integración del mercado comunitario andino, estas cuestiones serán desarrolladas por la legislación, ya que son necesarias para garantizar la función de la marca como instrumento para competir y para lograr el correcto funcionamiento del mercado. Referencias bibliográficas Basombrio, I. (2004). Integración andina: instituciones y derecho comunitario. Recuperado de http://www.cepal.org/brasil/ noticias/paginas/2/22962/BASOMBRIO-INTEGRA-CION% 20ANDINA-INSTITUCIONES%20Y%20 DERECHO.pdf Bercovitz, A. (2002). Apuntes de derecho mercantil (13ª ed.). Na-varra: Thomdon Reuters Aranzadi. Bercovitz, A. (2008). Concepto de marca. En Bercovitz, A. (Coord.), Comentarios a la Ley de Marcas (2ª ed.). Thom-son- Aranzadi. Callejon, M. (2001). Economía Industrial. Madrid: Civitas. Carbajo, F. (2009). La distribución selectiva y el comercio paralelo de productos de lujo. Bogotá: Grupo Editorial Ibáñez. Comisión de la Comunidad Andina. (14 de septiembre de 2000). Decisión 486. Recuperado de http://www.comunidadan-dina. org/Normativa.aspx?GruDoc=07 Comisión de la Comunidad Andina. (25 de junio de 2003). Decisión 563. Recuperado de http://www.sice.oas.org/ trade/JUNAC/Decisiones/DEC563S.asp#ACart1 Comisión del Mercado Único y Asuntos Jurídicos. (2001). Audición sobre el agotamiento de los derechos conferidos a las marcas registradas. Recuperado de http://www.europarl. europa.eu/meetdocs/committees/juri/20010410-hearin-g/ 4-ontribution-BeteluBazu-ES.doc Comité Económico y Social Europeo. (2001). Dictamen del Comité Económico y Social sobre el tema "El agotamiento de los derechos conferidos por la marca registrada". Recuperado de http://eur-lex.europa.eu/legal-content/ES/TXT/ PDF/?uri=CELEX:52001IE0042&from=ES Comunidad Andina. (2004). III Cumbre Presidencial Sudamerica-na Declaración del Cusco sobre la Comunidad Sudamericana de Naciones. Recuperada de http://intranet.comunidadan-dina. org/Documentos/DInformativos/SGdi693.doc Congreso Nacional de la República de Ecuador, Comisión de Le-gislación y Codificación. (2006). Codificación de la Ley de Propiedad Intelectual Codificación 2006-013. Recuperado de http://www.wipo.int/edocs/lexdocs/laws/es/ec/ec031es.pdf Consejo Presidencial Andino. (1990). Acta de la paz. Recuperado de http://www.comunidadandina.org/documentos/actas/ act30-11-90.htm Declaración de Guadalajara: Cumbre de América Latina, el Caribe y la Unión Europea. Recuperado de http://www.integra-cionsur. com/americalatina/CumbreALatinaEuropaD-clGuadalajara. htm Decreto Supremo 28152. (17 de mayo de 2005). Recuperado de http://www.wipo.int/wipolex/en/text.jsp?file_id=198190 De las Heras, T. (1994). El agotamiento del derecho de marca. Madrid: Montecorvo. Espinoza, K. (s. f.). El acto de confusión como acto de compe-tencia desleal y el riesgo de confusión marcaria como infracción a los derechos de la propiedad industrial. Revista de la Competencia y la Propiedad Intelectual, (5), 121-140. Recuperado de http://servicios.indecopi.gob. pe/revistaCompetencia/castellano/articulos/primave-ra2007/ ESPINOZA.pdf Fernández, C. (1990). Derecho de marcas. Madrid: Montecorvo. Fernández, C. (2001). Tratado sobre derecho de marcas. Madrid: Marcial Pons. Fernández, C., García, A., Framiñan, A. (2007). Jurisprudencia comunitaria sobre marcas. Granada: Comares. Fernández, M. (2005). Los motivos legítimos que impiden el agota-miento del derecho de marca. Granada: Comares. Galán, E. (2008). Derechos conferidos por la marca. En Berco-vitz, A. (Coord.), Comentarios a la Ley de Marcas (2ª ed.). Thomson-Aranzadi. Gorriz, C. (2007). Distribución selectiva y comercio paralelo. Navarra: Civitas. Herrero, M. (2010). La Contratación en el sector de la distribución comercial. 2ª ed. Navarra: Aranzadi. Lombeyda, M. (2013). Tratamiento del agotamiento del derecho sobre la marca en la Comunidad Andina. Iuris Dictio, 15, 191-204. Recuperado de http://www.usfq.edu.ec/ publicaciones/iurisDictio/archivo_de_contenidos/Do-cuments/ IurisDictio_15/iurisdictio_015_010.pdf López, Q. (2006). Instituciones y Derecho de la Comunidad Andina. Valencia: Tirant Lo Blanch / Universidad de la Coruña. Marco, L. (2011). El ámbito territorial del agotamiento del derecho de marca en el ordenamiento comunitario y en el sistema normativo de la Organización Mundial del Comercio. En Galán, C., Carbajo, F. (Coords.), Marcas y distribución comercial (pp. 97-152), Salamanca: Ediciones Universidad de Salamanca. Mankiw, G. (2008). Principios de Economía (4ª ed.). Paraninfo. Martin, A. (2001) El llamado comercio paralelo en el derecho mer-cantil europeo. Madrid: Universidad Pontificia Comillas. Martín, P. (2008). Agotamiento del derecho de marca. En Bercovitz, A. (Coord.) Comentarios a la Ley de Marcas (2ª ed.). Thomson-Aranzadi. Organización Mundial de la Propiedad Intelectual. (2002). Seminario de la ompi para los países andinos sobre la obser-vancia de los derechos de propiedad intelectual en la frontera. Recuperado de http://www.wipo.int/edocs/mdocs/lac/ es/ompi_pi_sem_bog_02/ompi_pi_sem_bog_02_1.pdf Organización Mundial de la Propiedad Intelectual. (2010). Reu-nión regional de directores de oficinas de propiedad industrial y de derecho de autor de América Latina. Recuperado de http://www.inapi.cl/portal/prensa/607/articles-1347_re-curso_ 1.pdf Parlamento Europeo y del Consejo. (2008). Directiva 2008/95/ CE. Recuperado de http://eur-lex.europa.eu/legal-con-tent/ ES/TXT/PDF/?uri=CELEX:32008L0095&rid=1 Parra, C. (2002). Relación entre propiedad intelectual y de-recho de la competencia: mucho más que asuntos de competencia desleal. Revista La Propiedad Inmaterial, 5. Recuperado de http://portal.uexternado.edu.co/ pdf/5_revistaPropiedadInmaterial/rpi5/revPropieda-dInmaterial05. pdf Presidencia de la República de Perú. (24 de junio de 2008). De-creto Legislativo 1033. Recuperado de http://www.wipo. int/wipolex/es/text.jsp?file_id=195678 Robles, G. (1995). Las marcas en el derecho español. Madrid: Civitas. Roncero, A. (1999). El contrato de licencia de marca. Madrid: Civitas. Ruiz, J. (2005). Agotamiento comunitario de la marca y agota-miento internacional de la doctrina del tjce. En Vilata, S. (Coord.), El papel de la jurisprudencia del tjce en la armoni-zación del derecho europeo. Situación y perspectiva tras cincuenta años (p.p. 353-392). Valencia: Universidad de Valencia. Secretaria General de la Comunidad Andina. (24 de enero de 2002). Resolución 590. Recuperado de http://intranet.comunida-dandina. org/Documentos/Gacetas/GACE755.PDF Superintendencia de Industria y Comercio. (2002). Concepto 02007889. Recuperado de http://www.sic.gov.co/recur-sos_ user/historico/d2011sic8503.htm Superintendencia de Industria y Comercio. (2002). Concepto 02031947. Recuperado de http://www.sic.gov.co/recur-sos_ user/historico/d2011sic8303.htm Superintendencia de Industria y Comercio. (2002). Concepto 02065886. Recuperado de http://www.sic.gov.co/ recursos_user/documentos/conceptos/2002/Agos-to/ 02065886.php Superintendencia de Industria y Comercio. (2008). Marcas. Ministerio de Comercio, Industria y Turismo / Superin-tendencia de Industria y Comercio. Bogotá. Tribunal de Justicia de la Comunidad Andina. (17 de marzo de 1995). Proceso 10-IP-94. Recuperado de http://intranet.co-munidadandina. org/Documentos/Procesos/10-IP-94.doc Tribunal de Justicia de la Comunidad Andina. (29 de agosto de 1997). Proceso 11-IP-96. Recuperado de http://intranet. comunidadandina.org/Documentos/Gacetas/gace299.pdf Tribunal de Justicia de la Comunidad Andina. (21 de abril de 1998). Proceso 17-IP-98. Recuperado de http://www. comunidadandina.org/Normativa.aspx?GruDoc=09 Tribunal de Justicia de la Comunidad Andina. (31 de mayo de 2000). Proceso 33-IP-2000. (MP Guillermo Chahin Liz-cano). Recuperado de http://intranet.comunidadandina. org/Documentos/Gacetas/gace581.pdf Tribunal de Justicia de la Comunidad Andina. (4 de octubre de 2000). Proceso 66-IP-2000. (MP Rubén Herdoiza Mera). Recuperado de http://intranet.comunidadandina.org/ Documentos/Gacetas/GACE613.PDF Tribunal de Justicia de la Comunidad Andina. (13 de enero de 2005). Proceso 116-IP-2004 Recuperado de http:// intranet.comunidadandina.org/Documentos/Gacetas/ Gace1172.pdf Tribunal de Justicia de la Comunidad Andina. (16 de noviembre de 2005). Proceso 167-IP-2005. Recuperado de http:// intranet.comunidadandina.org/Documentos/Proce-sos/ 167-IP-2005.doc Tribunal de Justicia de la Comunidad Económica Europea. (31 de octubre de 1974). Asunto 16/74. Recuperado de http:// eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=- CELEX:61974CJ0016&from=EN Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 54 55 Tribunal de Justicia de la Comunidad Europea. (23 de abril de 2002). Asunto C- 143/00. Recuperado de http://oami. europa.eu/es/mark/aspects/pdf/JJ000143.pdf Tribunal de Justicia de la Comunidad Europea. (18 de junio de 2002). Asunto C- 299/99. Recuperado de http://oami. europa.eu/es/mark/aspects/pdf/JJ990299.pdf Turienzo, R. (2007). Proceso de integración en Sudamérica. Un proyecto más ambicioso: La Comunidad Sudamericana de Naciones. Recuperado de http://www.idee.ceu.es/access. php?file=/secure/PDF%20WEB%20OK%20Doc%20 n%BA%2027%20Raquel%20Turienzo%20serie%20 Uni%F3n%20Europea%20(IUEE)%20(Docuweb).pdf Uzcategui, M. (s.f.). Exclusividad de la marca y derechos de la libre competencia. Recuperado de http://www.cjp.ula.ve/ gpi/documentos/LIBRECOMPETENCIA.pdf Zuñiga, H. (2014). Jerarquía e interacción de fuentes en el marco del derecho comunitario andino. Revista de Economía y Derecho, 11(41), 7-27. Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. Laila Katrina del Pilar Rojas Santana, págs 40 - 55 Conceptualización y análisis del agotamiento del derecho de marca en la Comunidad Andina de Naciones. 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Issue 25.6 of the Review for Religious, 1966. ; Implementation of Vatican II by Paul VI Religious Community and the Primi-tive Church by Thomas Barrosse, A Reflection on Perfectae Caritatis by Gustave.Martelet, S.J. The Family Fallacy by Hilary Smith, O.G.D. Are Teaching Brothers Still Needed? by J. M. R. Tillard, O.P. Devouonal Confession by Dale Olen, O.F.M.Gap. Deepening Vocational Com~nitmen~ by Sister Marian Dolores, S'.:N.J.M. Humility and Pei'~onality by wali' s. S.S. Subli~nation~ by.Sister M. Rosalie, O.P. Religious and Gr~duate!!Studie~ by Michael P. 8heri~n, Blueprint.for Dialogue by Thomas Dubay, S.M. Survey of Roman DoE~uments Views, News, Previews QuesUons and ~nswers Book Reviews Indices for Volume 25, 1966 939' 971 986 1000 1018 1030 1042 1051 1055 1062 1070 1084 1088 ]092 1106 1127 VOLUME 25 N'UM~ER 6 ~Vovember 196~ Notice to Subscribers Because of constantly increasing costs, REVIEW FOR RELIGIOUS finds it necessary to increase the cost of its individual issues as well as of its sub-scriptions. The new rates, effective in 19(37, will be the following: (1) Individual issues of the REVIEW will cost one dollar; this price will apply not only to all issues beginning with 19(37 but also to all previously published issues. (2) Subscriptions in the United States, Canada, and Mexico will cost $5.00 per year; $9.00 for tw9 years. (~) Subscriptions to other countries will cost $5.50 per year; $10.00 for two years. (4) All the above prices are in terms of U.S.A. dollars; accordingly all payments must be made in U.S.A. funds. These prices wilI affect all individual issues sokl on or after January 1, 1967. The new subscription prices will be applicable to all subscriptions-- new and renewed--beginning with the January, 1967, issue of the REvmw. PAUL VI Implementation of Cer-tain Decrees of Vatican Council II The~ postconciliar administration of the Church clearly requires that there be established for the Church's affairs new norms and dispositions which correspond to the requirements of the Council and which are better adapted to the new goals and areas of the apostolate that the work of the Council has brought to the Church's at-tention as existing in the world of our time--a pro-foundly changed world that needs the full glow of light and longs for the supernatural warmth of charity. Because of these considerations, as soon as the Council was finished, We accordingly established study commis-sions to collect, each in its own area, information and to frame a practical program; the purpose of all this was that definite norms might be set down for the implemen-tation of the conciliar decrees which had already been granted a delay from imm. ediate execution. These com-missions, as We wrote with satisfaction in Our motu pro-prio letter, Munus apostolicum, of June 10, 1966, dili-gently occupied themselves with their assigned task; and at the assigned time they made known their findings to Us. After We had attentively considered their findings, We judged that it was now time for the aforementioned norms to be published. Since, however, the'entire mat-ter is one that pertains to discipline, an area to which ek-perience may be able to contribute further suggestions; and since, moreover, a separate commission is engaged in the revision and emendation of the Code Of Canon Law in which all the laws of the Church will be codified to-gether in a fitting, appropriate, and determined way; We * This is a translation of the motu proprio apostolic letter, Ecclesiae sanctae, issued on August 6, 1966; the translation was made [rom the Latin text as given in Osservatore romano, August 13, 1966, pp. 1-3~ 4. 4. 4, Implementation Vatican I1 VOLUME 25, 1966 have thought that it would be wise and prudent for Us to publish these norms for an experimental period. During this interval of time episcopal conferences may communicate to Us any observations and comments which the execution of these norms may convince them should be made; likewise, they can also propose new ideas to Us. Accordingly, after thinking the matter over carefully, on Our own initiative-and by Our apostolic authority, We decree and promulgate the following norms for the implementation of the decrees of the Council beginning with.the words: Christus Dominus (on the pastoral office of bishops in the Church), Presbyterorum ordinis (on the ministry and life of priests), Per[ectae caritatis (on the adaptation and renewal of religious life), and Ad genres divinitus (on the missionary activity of the Church); and We order them to be observed for an ex-perimental period; that is, until the new Code of Canon Law is promulgated unless in the meantime the Apostolic See should provide otherwise. These norms will begin to be effective on October 11, 1966, the Feast of the Motherhood of the Blessed Virgin Mary, the day on which four years ago the Council was solemnly inaugurated by Our predecessor of venerable memory, John XXIII. All the matters determined by Us in this motu proprio letter We order to be fixed and unalterable, all contrary things, even those worthy of very special mention, not-withstanding. Given at Rome at St. Peter's on August 6, 1966, the Feast of the Transfiguration of our Lord Jesus Christ, in the fourth year of Our pontificate. Paul PP. VI ÷ ÷ ÷ Paul REVIEW FOR RELIGIOUS NORMS FOR THE DECREES ON BISHOPS AND ON PRIESTS The episcopal office, which the Second Vatican Coun-cil has clarified in the dogmatic constitution, Lumen gen-tium, and in the decree, Christus Dominus, was divinely established for the building up of the Mystical Body of Christ which is the Church. For this reason these holy pastors must show a perse-vering zeal in the fulfillment of their duty of teaching, sanctifying, and shepherding the People of God. In doing this, they should generously share with the roman pon-tiff the solicitude of all the churches, they should ear-nestly provide for the good administration of the dio-ceses entrusted to them, and finally they should work together for the good of their several churches. In the direction of the dioceses e.ntrusted to them the bishops require helpers and counselors, the first of which are the priests; hence bishops should willingly listen to these latter and even be desirous of consulting ~hem, though in all matters there should always be retained as fixed the bishop's power of acting, freely, of setting up directives and norms, and of enacting laws in accord with his own conscientious concept of his office and with the principles of the government of the Church (see the dog-matic constitution, Lumen gentium~, n. 27). In order, therefore, that the bishops may be able to fulfill their pastoral duty more ea,sily and fittingly and in order that they might translate into practice the prin-ciples solemnly approved by the Council in the decrees, Christus Dominus and Presbyterorum ordinis, the fol-lowing norms are established. Distribution of the Clergy and Assistance to Dioceses (N. 6 of the decree, Christus Dominus, and n. 10 of the decree, Presbyterorum ordinis) 1. If it is deemed opportune, there should be set up at the Apostolic See a special committee the purpose of which will be to provide general ~rinciples for a better distribution of the clergy in the light of the needs of the various churches. ,, 2. It will be the duty of patriarchal synods and of epis-copal conferences, the prescriptionls of the Apostolic See being observed, to enact ordinances and to publish norms for the bishops by which there may be secured a fitting distribution of the clergy coming from their own terri-tory as well as of those coming fr6m other regions. Such a distribution should provide [orl the needs of all the dioceses of a given territory; the welfare of the churches in mission lands and in countries~ with a lack of clergy should also be cared for. Therefore, every episcopal con-ference should establish a commission whose work it will be to investigate the needs of the various dioceses of the territory as well as the possibilities of the dioceses for giving from their own clergy to other dioceses, to put into execution the determinations made and approved by the conferences with regard to the distribution of the clergy, and to convey these determinations to the bishops of the territory. ~ 3. In order that the transfer of clerics from one diocese to another be made easier--the p(actice of incardination and excardination being retame~d though ~n a form adapted to new circumstances--the following prescrip-tions are set down. § 1. Clerics in seminaries shoqld be trained so that they are solicitous not only for ithe diocese for whose service they are ordained but also for the entire Church + + + Implementation o~ Vatican Ii VOLUME 25, 1966 941 Paul VI REVIEW FOR RELIGIOUS and so that with the permission of their own bishop they are ready to devote themselves to particular churches whose needs are great. § 2. Except in the case of genuine necessity in the home diocese, ordinaries and hierarchs should not refuse permission to go elsewhere to those clerics whom they know are prepared and whom they judge to be suited when such clerics ask to perform their sacred ministry in regions having a serious lack of clergy; however, they should see to it that the rights and duties of these clerics are defined by a written agreement with the lbcal ordi-nary of the region that has been asked for. : § 3. In the case of clerics 'intending to transfer from their own diocese to a diocese of another' country, the same ordinaries should see to it that they are adequately prepared to exercise the sacred ministry in such places; that is, they should see to it that such clerics .acquire a knowledge of th~ language of that region and that they have an understanding of its institutions, of its social conditions, and of its usages and customs. § 4. Ordinaries can grant their clerics permission to transfer to another diocese for a determined time, which caff also be renewed indefinitely; t.his should be done, however, in such a way that such clerics remain incardi-hated in their own diocese and enjoy, when they return to it, all the rights they would have if they had devoted themselves to the sacred ministry in it. § 5. A cleric, however, who has legitimately transferred from his own diocege to another is ipso iure incardinated into the latter diocese after five years if he has manifested in writing such an intention both to the ordinary of the diocese he is in and to his own ordinary provided that within four months neither of these has expressed in. writing a contrary opinion. 4. Moreover, for the accomplishment of special pas-toral or missionary activities for various regions or social groups which need special help, there can be usefully established by the Apostolic See prelatures which consist of specially trained priests of the secular clergy and which are under the direction of their own prelate and possess their own statutes. It will be the duty of this prelate to: establish, and di-rect a national or international seminary in which stu-dents are appropriately trained. This prelate also has the right of incardinating such students and of promot-ing them to orders under the title of service to the prel-ature. The prelate should provide for the spiritual life of those promoted under the aforementioned title, for their special training which should be completed without de-lay, and for their special ministry in the light of agree- ments made with the local ordinai'ies to whom the priests are sent. Likewise, he should pro~,ide for their decent sus-tenance which should be met by the agreements that have been made or by the goods 0[ the prelature itself or by other suitable means. Similarly, he should provide for those who because of poor health or for other reasons must give up the work entrusted to them. Provided agreements have been made with the prel-ature, nothing prevents laymen, whether unmarried or married, from dedicating themselves and their profes-sional experience to the service of the prelature's works and undertakings. Such prelatures are not to be established except after consultation with the episcopal conferences of the terri-tory in which the prelature will carry out its work. In doing its work, the prelature should take every care to observe the rights of the local ordinaries and to have close and continual relationships with the episcopal con ferences. 5. Finally, with regard to the use of ecclesiastical goods it is also within the co~npetency of patriarchal synods and episcopal conferences to enact ordinances by which, attention being paid first of all to the needs of the dio- 'ceses of the territory, there are imposed on the dioceses certain levies to be paid for the sake of apostolic or char-itable works or for the sake of churches which possess 'small resources or which for special reasons are in need. Power ol Bishops o[ Dioceses (N. 8 of the decree, Christus dominus) 6. The norms for the execution of number 8 have been established in the motu proprio apostolic letter, De episcoporum muneribus, dated June 15, 1966. Fostering Pastoral and Scientific Study (N. 16 of the de-cree, Christus Dominus, and n. 19 of the decree, Presby-terorum ordinis) 7. The bishops, either individually orin cooperation, should see to it that during the year after, ordination all priests, even those engaged in the ministry, complete a series of pastoral lectures and that they also attend at stated times other lectures which are to provide them with the occasion of acquiring fuller knowledge of pas-toral matters and of theological, moral, and liturgical science, of strengthening their spiritual life, and of com-municating in a mutual and fraternal way their apos-tolic experiences. The bishops or the episcopal conferences, according to the circumstances of each territory, should see to it that one or more priests of proved knowledge and virtue Implementation Vatican H VOLUME 25, 1966 943 REVIEW FOR RELIGIOUS ~944 be chosen as., directors of studies for the purpose of pro- . rooting and: organizing the pastoral: lectures as well as the other helps judged to be n.ecessary for the ~cientific and pastoral fqrma.tion of the~priests of a given territo~; such helps incl.ude st.udy centers, traveling libraries, cate-chetical, homiletic,: or liturgical congresses, and ~the like. Remuneration and Sbcial Wellare of Priests (N. 16 of the de~ree, Christus Dominus, and nos. 20-1 of the de-cree, Presb~?terorum ~dinis) 8. Patriarchal synods and episcopal conferences should see to it that norms be set up, whether for each diocese or for several dioceses in common or for the entire te~i-tory, by which appropriate provisions are made for the due sustenance of clerics who are or have been engaged in the service of the People of God. The remuneration to be made to clerics should be essentially the same for all in the same circumstances, due regard being had [or the nature of a given office and for circumstances time and .place; the remu.neration should be sufficient .to enable clerics to lead a decent life and also to be of help to the poor. ¯ ,The reform of the system of benefices is entrusted to the commission.for the revision of the Code of Canon Law. In the meantime bishops, after conferring with their council of priests, should take care to provide for a just distribution of goods including also the revenues coming from benefices. The same episcopal conferences should~see to it that at least in those regions where the sustenance of the clergy depends completely or in large part on the offer-ings of th'e faithful each diocese has a special fund in which off, rings for thi~ purpose are collected. The ad-ministrator of this fund should be the bishop of th~ dio-cese ,himself who can be ass!sted, however, by delegated priests and, when it is advantageous, by laymen experi-enced in financial'mhtters.' Finally, the same episcopal conferences should see~ to it that in each country, ecclesiastical and civil laws always being observed, there should be either interdioc-esan institutions or institutions coestablished [or vari-ous dioceses" or'a consociation for an entire country by which sufficient provision' may be. made' under the vigi-lance of °the hierarchy for an adequate health insurance and benefit program and for the sustenance of-clerics who are sick, injured, or aged; It will be left to the revision 0f the Code of Canon Law to set down conditions for the establishment in each diocese or region of another ,common fund by which bishops can meet other obligations to persons serv-ing ~the Chulch and provide [or other needs of the dio- cese and by which richer dioceses can also help poorer dioceses. Care o1 Special Groups (N. 1"8 of the decree, Christus, Dominus) 9. 'In consideration ~ of today's great numbers of emi-grants and' travelers, the episcopal conferences' are asked to entrust to a specially delegated, priest or to a special commission everything pertaining t.o the study and direc-tion of the spiritual care of th~s~ groups. Nomination of,Bishops (N. 20 of the decree; Christus Dominus) . ¯ 10. Wi~h full retention of the roman pontiff's right of freely nominating and constituting bishops and without prejudice to the discipline of the Eastern Churches, the episcopal conferences in accordance wi~h the norms given or to be given by the Apostolic See should each year consult in secret and with prudence about the pro-motion of ecclesiastical persons to the office of. bishop in their territory; and they should propose the names of candidates to the Apostolic 'See. Resigr~.ation of Bishops (N. 21 of the decree, Christus Dominus) 11. For the implementation of the prescription of number 21 of the decree, Christus Dominus, all bish-ops of dioceses as well as other persons comparable to them in law are 'earnestly requested that before the com-pletion of their seventy-fifth year~ and of their own accord they tender their ~resignation of their office, to the.c6m-petent authority which will provide for the matter after considering all the circumstances of each case. A bishop whose resignation from office has' been ac-cepted can maintain, if he desires, his residence in the diocese. Moreover, the diocese itself should provide an appropriate and worthy sustenafice for a resigned bishop. It is the duty of the conferences of bishops to determine in a general way 'the conditions according to which the dio(ese should fulfill this duty. Boundaries o[ Dioceses (Nos. 22--4 of the decree, Christus Domin~us) 12.- § 1. In order that the boundaries of dioceses can be duly revised, the episcopal conferences, each for its own territory, should examine the present territorial di-visions of. the churches, setting up, if necessary, a special commission for this. For this examination it is necessary that the status of the dioceses with regard to territory, persons, and things be duly investigated, Individual bishops who are directly affected as well as the bishops ÷ ÷ ÷ Implementation vatican 1I VOLUME 25, 1966 945 ÷ ÷ ÷ Paul VI REVIEW FOR RELIGIOUS 946 of the entire ecclesiastical province or region within whose limits the revision of dioceses takes place should be consulted; as far as possible there should be used the help of genuinely expert persons whether ecclesi-astical or lay; the intrinsic reasons suggesting the chang-ing of boundaries should be considered with calmness; there should be considered for possible introduction all the changes treated in numbers 22-3 of the decree,~ Christus Dominus; in the divisi6n or dismembering of dioceses care should be taken to achieve an equitable and suitable distribution of priests and of seminarians, regard being had for the needs of the ministry of salva-tion to be exercised in each diocese and for the special circumstances and wishes of the priests and seminarians. § 2 With regard to the Eastern Churches it is desira-ble that in determining the boundaries for eparchies account should also be taken of the greater closeness of those places in which the faithful of the same rite live. Faculties of Auxiliary Bishops (Nos. 25--6 of the de-cree, Christus Dominus) 13.-§ 1. Auxiliary bishops must be established for a given diocese whenever this is demanded by the genuine needs of the apostolat~ exercised there. In the matter of the power to be given to an auxiliary bishop the chief considerations to be kept in mind are the following: the welfare of the Lord's flock that is to b.e shepherded, the status of membership in the episcopal college with which the auxiliary is honored, and his effective cooperation with the bishop of the diocese. § 2. The bishop of the diocese should make his auxil-iary either a vicar general or syncellus or an episcopal vicar, dependent, however, in every case exclusively on the authority of the bishop of the diocese. § 3. In order that the common welfare of the diocese be sufficiently provided for and that the dignity of the auxiliary bishop be safeguarded, the Council desired to make known its wish that when a see is vacant those who possess the right of doing so should entrust the di-rection of the diocese to the auxiliary or, when there are more than one, to one of th~ auxiliaries. Neverthe-less, ~ unless in a given case some other arrangement be made by competent authority, an auxiliary bishop as vicar general or as episcopal vicar does not lose the powers and faculties he possesses by law when the see is occupied. When, therefore, an auxiliar)~ is not elected to the office of vicar capitular, he retains the power con-ferred on him by law until a new bishop takes possession of the see; he should exercise this power in full concord with the vicar capitular who is the head of the admin-istration of the diocese. Episcopal Vicars (N. 27 of the decree, Christus Dominus) 14. - § 1. The new office of episcopal vicar was legally instituted by the Council in order that the bishop through the increase of these new co-workers might be able to carry out his pastoral direction as well as possible. Therefore it is left to the free decision of the bishop of a diocese to constitute one or more episcopal vicars accord-ing to the special needs of the place; moreover, his fac-ulty remains intact of naming one or more vicars general according to the norm of canon 366 of the Code of Canon Law. § 2. Episcopal vicars who according to the bishop's nomination are such in a given part of the diocese or in,~a certain type of activities or with regard to the faith-ful of a given rite or to groups of persons possess the ordinary vicarious power which common law gives to the vicar general. Therefore, within the limits of their com-petency they have the habitual faculties granted by the Apostolic See to the bishop as well as the execution of rescripts unless something else has been expressly pro-vided for or was purposely reserved to the person of the bishop. Nevertheless, the bishop of a diocese is free to reserve matters that he chooses to himself or to the vicar general; likewise, he is free to confer on the episcopal vicar the special mandate prescribed by common law for certain matters. § 3. As a co-worker of the episcopal office the episcopal vicar should refer everything done or to be done to the bishop of the diocese; moreover, he should never act in opposition to the latter's mind and will. Furthermore, he should not neglect to institute frequent conferences with the other co-workers of the bishop--~specially with the vicar general in ways to be determined by the bishop of the diocese; the purpose of such conferences is to strengthen unity of discipline among the clergy and the people and to obtain greater results in the diocese. § 4. A request denied by a vicar general or by an epis-copal vicar cannot be validly granted by another vicar of the same bishop even though he has considered the reasons for the denial of the vicar who made it. Moreover, a request denied by a vicar general or syn-cellus or by an episcopal vicar and afterward obtained from the bishop is invalid if no mention was made of the previous denial; a request, however, denied by the bishop cannot be validly obtained from a vicar general or an episcopal vicar without the consent of the bishop even if the previous denial has been mentioned. § 5. Episcopal vicars who are not auxiliary bishops are nominated for a set time to be determined in the very act of establishing them; nevertheless, they can be re- + + + Implementation Vatican I1 VOLUME 25, 1966 947 + ÷ ÷ Paul Vl REVIE~V FOR RELIGIOUS moved at the will of the bishop. When the see is vacant, they lose their office unless they are auxiliary bishops; it is, however, advisable for the vicar capitular to use them as his delegates so that the good of the diocese will not be harmed. The Council of Priests and the Pastoral Council (N. 27 of the decree, Christus Dominus, and n. 7 of the decree, Presbyterorum ordinis) 15. The following points refer to the council of priests: § 1. In each diocese according to ways and forms to be determined by the bishop there should be a council of priests; that is, a group or senate of priests representing the priests as a whole; this senate is to be such that by its advice it can effectively assist the bishop in the admin-istration of the diocese. In this council the bishop should listen to his priests, consult them, and confer with them about matters pertaining to the needs of pastoral work and to the good of the diocese. § 2. Insofar as they have a part in the care of souls and in the works of the apostolate religious will also be able to be admitted among the members of the council of priests. § 3. The council of priests has only a consultive voice. 24. When the see is vacant, the council .of priests ceases unless in special circumstances authenticated by the Holy See the vicar capitular or the apostolic admin-istrator confirms it. However, the new bishop will establish his own new council of priests. 16. The following points refer to the pastoral council so highly recommended by the decree, Christus Dominus: § 1. The work of the pastoral council is to investigate and appraise all pastoral works and to make practical conclusions concerning such works. All this is to be done in such a way that conformity with the gospel be pro-moted with regard to the life and action of the People of God. § 2. The pastoral council, which has only a consultive voice, can be constituted in various ways. Ordinarily, even though by its nature it is a permanent institution, its membership and activity can be for a definite time, performing its work on given occasions. The bishop can convoke it whenever it will seem opportune to him. § 3. In the pastoral council clerics, religious, and lay persons, specially chosen by the bishop, have a part. § 4. In order that the purpose of this council be actu-ally achieved in practice, it is desirable that its work in common be preceded by previous stndy with the help, if the matter warrants it, of institutes or offices which are at work in the area of the council's purpose. § 5. When hierarchies of diverse rites are present in the same territory, it is strongly recommended that as far as possible the pastoral council be interritual; that is, that it consist of clerics, religious, and lay persons of the diverse rites. § 6. Other dispositions are left to the free determina-tion of the bishop of the diocese, account being taken of the matters mentioned in number 17. 17.-§ 1. In matters involving the council of priests, the pastoral council, and their relations to each other or to the committees already existing by reason of present law, it is advisable that the bishops, especially when they are met in their conferences, take common counsel and publish similar norms in all the dioceses of the territory. The bishops should also take care that all diocesan councils be coordinated as closely as possible by a clear-cut determination of competency, by mutual sharing of members, by common or successive sessions, and by other such means. §2. In the meantime until they are revised, the bishop's councils that are in existence by reason of ex-isting law, that is, his cathedral chapter, his group of consultors, and others of the same type if there be such, retain their own work and their own competency. Suppression of Rights and Privileges in the Conferral of O~ces and Benefices (N. 28 of the decree, Christus Dominus) 18.-§ 1. The good of souls demands that the bishop possess due liberty to confer offices and benefices, even those without the care of souls, in a suitable and equi-table manner on the clerics who are best fitted for them. The Apostolic See will no longer reserve to itself the conferral of offices or benefices, whether with or without the care of souls, unless they be consistorial; in the law of the formulation of every benefice those clauses will be eliminated in the future which restrict the freedom of the bishop with regard to the conferral of the benefice; non-onerous privileges, hitherto granted to physical or moral persons and involving the right of election, nomi-nation, or presentation for any non-consistorial office or benefice, are abrogated; also abrogated are customs and rights of nominating, electing, and presenting priests for a parochial office or benefice; the law of competitive examinations is suppressed for offices and benefices, in-cluding those without the care of souls. With regard to what are called popular elections, it is the duty of the episcopal conferences where such elec-tions exist to propose to the Apostolic See what seems ÷ ÷ + Implementation of Vatican I1 VOLUME 25, 1966 9,i9 ÷ ÷ ÷ Paul VI REVIEW FOR RELIGIOUS 950 most opportune with a view of abrogating them as far as possible. § 2. If, however, rights and privileges in this matter were established by reason of a convention between the Apostolic See and a nation or by reason of a contract made with physical or moral persons, the matter of the cessation of such rights and privileges must be taken up with the interested parties. Deans (N. 30 of the decree, Christus Dominus) 19.-§ 1. Among the closer co-workers of the bishop of a diocese are to be included those priests who exercise a pastoral function of a supraparochial nature; among such are vicars forane who are also called archpriests or deans and among Eastern Christians protopriests. For the exercise of this position there should be appointed priests who are outstanding for their knowledge and their apostolic activity and who, when they are given due faculties by the bishop, can suitably promote and direct common pastoral action in the territory entrusted to them. Accordingly, this office is not affixed to a deter-mined parish. 2. Vicars forane, archpriests, or deans are appointed for a set time to be determined by special law; however, they can be removed at the will of the bishop. In the case of the nomination, transfer, or removal of parish priests in the territory of which the deans are in charge, it is advisable that the bishop of the diocese consult them. Removal, Transfer, and Resignation of Pastors (N. 31 of the decree, Christus Dominus) 20.-§ 1. Without ~rejudice to the present law of religious, the bishop can legitimately remove any pastor from a parish whenever in the opinion of the bishop his ministry, even without any serious fault of his own, is made harmful or at least ineffective because of any of the causes listed in law or for similar reasons; until the revision of the Code the mode of proceeding in this matter is to be that laid down for irremovable pastors (cc. 2157-=61 of the Code of Canon Law), the law of the Eastern churches retaining its force. § 2. If the good of souls or the'need or welfare of the Church. demands it, the bishop can transfer a pastor from his parish in which he is successful to another parish or to any other ecclesiastical office. If, however, the pastor refuses, the bishop, in order that the transfer be validly enacted, should follow in every detail the way of acting noted above. § 3. In order .that the prescriptions of number 31 of the decree, Christus Dominus, can be put into execu- tion, it is requested of all pastors that of their own accord before the completion of their seventy-fifth year they submit their resignation to their own bishop who, hav-ing considered all the circumstances, will decide whether to accept or defer the resignation. The bishop should provide those who resign with suitable sustenance and habitation. Establishment, Suppression, and Change of Parishes (N. 32 of the decree, Christus Dominus) 21.-§ 1. Every effort should be made that there be suitable partitioning or division of parishes in which because of the excessive number of the faithful or the excessive extent of the territory or because of any reason whatsoever apostolic activity can be exercised only with difficulty or in a less than suitable way. Likewise, parishes that are too small should be united into one as far as the matter demands and circumstances allow. § 2. Parishes should no longer be united by full right to chapters of canons. If any are so united, after consul-tation with the chapter and the council of priests they should be separated and a pastor established-~selected either from the capitulars or not--who should possess all the faculties which belong to pastors .according to the prescriptions of law. § 3. By his own authority and after consultation with the council of priests the bishop of a diocese can es-tablish, suppress, and change parishes; however, he must do this in such a way that if there are conventions be-tween the Apostolic See and the civil government or if there are rights involved belonging to physical or moral persons, the matter be suitably adjuste~d with the pre~ ceding subjects by the competent authority. Religious (Nos. 33--5 of the decree, Christus Dominus) 22. The norms set forth here apply to all religious, men and women, of whatever rite, but without prejudice to the rights of the Eastern patriarchs. 23-§ 1. All religious, including .exempt ones, working in places where a rite different from their own is the only one or is so much greater with respect to the num-be of its faithful that in common estimation it is judged. to be the only one, are dependent on the local ordinary or hierarch in those things which involve the external works of the ministry; and they are subject to him ac-cording to the norms of law. § 2. Where, however, there are many local ordinaries or hierarchs, the same religious in discharging their func-tions among the faithful of different rites are bound by the norms which are given by the common consent of these ordinaries and hierarchs. VOLUME 25, 1966 951 Paul, REVIEW FOR RELIGIOUS , 24. Although. the exemption of religious within its own legitima.te confines also applies in mission localities, still, because of the special circumstances of the sacred ministry exercised in those places and according to the' mind of the decree, .dd gentes divinitus," the special stat-utes are to be observed that have been giv.en or approved by the Apostolic See with regard to the relationships be-tween the local ordinary and the religious superior, es-pecially in the case'of; a mission entrusted to a given institute. 25.-§ 1. All religious, including exempt ones, .are bound by the laws, decrees, and ordinances enacted by the local ordinary with regard, to the various works con-cerned with the exercise of the sacred apostolate as well as with pastoral, and social action pr~scribed or recom-mended by the local ordinary. § 2. They are likewise bound ,by the laws, decrees, and ordinances ~nacted by the local ordinary or by the conference of bishops regarding among other things~ the following matters: a) the public"use of all means of social communica-tion according to the norm of numbers 20 and 21 of the decree, Inter miril~ca; ~ . , b) attendance at public spectacles; c) membership or cooperati.on with societies or asso-ciations which the 'local. ordinary or the episcopal con-ference has declared forbidden; d) dccle~iasti~al garb, thqugh there remain in force canofi 596 6f the ~Code of Canon Law and canon 139 of the Code of Canofi Law f6r. the East'.ern Church; the matter of ecdlesiastic.al g~.,rb 'is to include the following regulation: The l'6dal, ordinary or the episcopal confer-ence, in order ~6'~ ~oid'scarid~ilizin'g the faithful, can prohibit, the clergy, both secular and religious, including the exempt,,on~s., from publi,cly wearing lay garb. ¯ 26. Furthermore, the sarape ~r$1igio~us are bound by the laws and decrees' efia~teff by the local ordinary with re-gard to the public exercise 6f -~orship. They "are bound to this in their 6wn churches" ~nd in their public as well as their semipublic oratories if the faithful ordinarily attend them, without prejud.ic~, however,, to the rite iegitimately used f~r theirs.,, own c.ommunity only and account bei.ng taken of ~the o'rdo for the choral Divine Office and for the. sacred functions pertaining to the spe-cial purpose ~f"the institute. 27.-§.1. The epis.copal .conference of each nat.ion, having consulted the religious superiors involved in the matter, can determine norms with regard to the soliciting Of donations;, the~ norms must be observed by all reli-gious, not excluding those who by reason of their insti-. tute are called and are mendicants, without prejudice, however, to their right to beg. § 2. Likewise, religious should not begin the collec-tion of funds by means of a public ,subscription without the consent of the ordinaries of the places in which the funds are collected. ~ 28. The proper or special ~vorks of ~ach institute are those which with the approval of the Apostolic See have been undertaken from its foundation or on account of venerable traditions and which accordingly have been defined and regulated by the constitutions and other proper laws of the institu.t_e. These works, should be zealously fostered by' re!igious, special account being made of the spiritual necessities of the dioceses and fra-ternal concord being maintained with the diocesan clergy and with other institutes engaged in similar works. 29.-§ 1. The.proper or special works exercised in the institute's houses, even those that are rented, are de-pendent on the superiors of the institute who should direct and regulate them according to the constitu-tions. Nevertheless, works of this kind are also subject to the jurisdiction of the local ordinary according to the norm of law. § 2. However, works, ' even though proper and special to the institute, which are entrusted to it by the local ordinary are subject to the ordinary's authority and direction, there being retained, however, the right of religious superiors to watch over the life of their mem-bers as well as to watch over, together with the local ordinary, the execution of the functions entrusted to them. 30.- § 1. ~)ther matters of law being observed, a writ-ten agreement should be made between the local ordi-nary and the competent superior in the case of,the com-mitting of a work of" the apostolate to an institute by the local ordinary. This agreement among other things should clearly define details concerning the work to be done, the members to be .devoted to it, and its financial aspects. § 2. For these works genuinely fitted religious should be selected by their proper ,religious superior after mu-tual consultation with the local ordinary; and if it is a question of an ecclesiastical office to be conferred on a member, the religious should be nbminated by the local ordinary himself, with the presentatibn or at least the assent' of his proper superior and for a period of time determined by mutual consent. 31. Even when'a task is to' be entrusted to a given religious by the "local ordinary or by the episcopal con-ference, this should he"done with the consent of his superior and through a written agreement. ÷ ÷ ÷ Implementation oJ Vatican H VOLUME 25, 1966 953 Paul VI REVIEW FOR RELIGIOUS 954 32. For a serious reaSon any religious can be removed from the work entrusted to him both at the wish of the commissioning authdrity after the religious superior has been advised arid at the wish of the superior after the one commissioning ~has been advised. In this matter both have parity in law and the consent of the other is not required; neither one is bound to disclose, and much less to prove, t6 the other the reason for his decision, without prejudice, however, to non-suspensive appeal to the Apostolic See. 33.-§ 1. The local ordinary by his own authority and with the consent of the competent religious superior can entrust a parish to a religious institt~te even by erecting it in a religious church of the institute. This commis-sioning of a parish can be done permanently or' for a def-inite period of time; in either case it should be done by m~ans of a written agreement between the ordinary and the comp'etent superior of the institute; in this agreement among other matters there should be expressly and clearly set forth mat'ters pertaining to the work to be done, the persons to be assigned it, and to the finances involved. § 2. With the permission of the proper superior the local ordinary can constitute a religious as pastor of a parish not entrusted ~to the inStitute; in this case a spe-cially adapted agreement should be made with the com-petent superior of the ~nstltute. 34. - § 1. A religious house, whether formal or nonfor-mal; pertaining to an exempt institute cannot be sup-pressed without the consent of the Apostolic See and without consultation of the local ordinary. § 2. Religious superiors should not be hasty in seek-ing to suppress for whatever reason a house or a work; for they Should r~member that all religious have the duty to work hard and diligently not only for the build-ing up and increase of the entire Mystical Body of Ch'rigt but also for the welfare of the particular churches. § 3. When, however, suppression Of a house or work is asked for by superio?s, especially when the reason is lack of persons, the local ordinary should consider the peti-tion in a benignant way. 35. Even.when established by the Apostolic See, asso-ciations 'of the faithful which are under the leadership an~ direction of a religiou.s institute are under the juris-diction and vigilance of the local ordinary who has the right and duty of visiting them according to the norms of the sacred canons. If they are engaged in the external works of the apostolate or in .the promotion .of divine worship, they must observe the prescriptions made in these matters b9 the local ordinary or the episcopal conference. 36.-§ 1. The apostolic zeal of the members of the in-stitutes of perfection who do not profess a purely con-templative life should not be limited to works proper to each institute or to others that are occasionally as-sumed in such a way that local ordinaries, having con-sidered the special characteristics of each institute and with the consent of the competent religious superior, can-not call on not only priest religious but also on all men and women members to assist in the various ministries of the dioceses or regions because of the needs of souls and lack of clergy. § 2. If in the judgment of the local ordinary the help of religious is thought necessary or highly useful [or ex-ercising the multiple work of the apostolate and for fos-tering undertakings of a pastoral nature in secular par-ishes or in diocesan associations, religious superiors should as far as they can furnish the desired help when the same ordinary asks for it. 37. In all churches as well as in all public or semi-public oratories belonging to religious which as a matter of fact and habitually are open to the faithful, the local ordinary can order that episc6pal documents be publicly read and catechetical instructions be given and that spe-cial offerings be collected for specified parochial, dioc-esan, national, or universal purposes, all of which offer-ings are to be carefully sent to the episcopal curia. 38. If the faithful ord!narily attend them, the local ordinary has the right of visiting the churches and ora-tories, even semipublic ones, of religious, including the exempt ones, in order to assure the observance of the gen-eral laws and of the episcopal decrees with regard to di-. vine worship. If it happens that abuse is noted in this area and if warnings given the religious superior have been without effect, he himself can take care of the mat-ter by his own authority. 39. - § 1. In accord with the norm of number 35, 4, of the decree, Christus Dorninus, the general ordering of the. Catholic schools of religious institutes, their right of directing them being safeguarded as well as the norms given in the decree, number 35, 5, concerning the previ-ous mutual consultations between bishops and religious superiors, involves the overall distribution of all Catholic schools in the diocese, their, intercooperation, and their supervision to see to it that they are no less suitable than other schools for the achievement of their c~fltural and social purposes. § 2. With the exception of purely internal schools open exclusively to members of an institute, the schools, colleges, oratories, recreation centers, homes, orphanages of religious institutes as well as other similar institutions of theirs for works of religion or of charity, whether ÷ ÷ ÷ Implementation Vatican I1 VOLUME 25, 1966 " "" 955 spiritual or temporal, can be visited by the local ordinary either personally or through another in accord with the norm of the sacred canons." 40. The norms for the inclusion of religious in dioce-san works and ministries to be exercised under the direc-tion of the bishop should also be applied, suitable adapta-tions being made, to other works and ministries which exceed diocesan boundaries. + ÷ + Paul VI REVIEW FOR RELIGIOUS 956 Episcopal Conferences (N. 38 of the decree, Christus Dominus) 41. - § 1. The bishops of countries or territories in which an episcopal conference is not yet had should act promptly to establish one in accord with the norm of the decree, Christus Dominus; and they should frame statutes for it and send them to the Apostolic See for examination. § 2. Already established episcopal conferences must draw up their own statutes according to the prescrip-tions of the Council; or, if they already have a set of statutes, they should revise them in accord with the mind of the same Council and submit them for examination to the Apostolic See. § 3. Bishops of countries in which it is difficult to es-tablish a conference, after consultation with the Apostolic See, should join that conference which best fits the needs of the apostolate of their own nation. § 4. Episcopal conferences 6f many nations, that is, international ones, can be established only with the ap-proval of the Holy See whose right it is to establish special norms. Moreover, whenever any projects or plans of an international nature are undertaken, the Holy See should be advised about them beforehand. § 5. Relationships between episcopal conferences, es-pecially those of neighboring countries, can be main-tained in an opportune and suitable way by the secre-tariats of the conferences. The secretariats can among other matters be concerned with the following activities: a) to communicate the principal ways of proceeding especially in pastoral matters and activity; b) to send written reports giving the decisions of the conference or to send the proceedings or documents which are issued by the common agreement of the bishops; c) to point out various undertakings of the apostolate that have been proposed or recommended by the epis-copal conference and that may be useful in similar cases; d) to propose serious matters which in modern times and in particular circumstances seem to be of the greatest importance; e) to indicate dangers or errors in the country that may creep into other nations, making this indication so that suitable and opportune means can be taken to prevent, remove, or limit them; and to do other similar things. Boundaries of Ecclesiastical Provinces or Regions (Nos. 39-41 of the decree, Christus Dominus) 42. The conferences of bishops should attentively study whether the better achievement of the welfare of souls a) requires a more suitable determination of the boundaries of ecclesiastical provinces or b) indicates the establish-ment of ecclesiastical regions. If the answer to these points is affirmative, the conferences should send to the Holy See the ways by which needed revisions of the boundaries of ecclesiastical provinces and the needed establishment of regions are to be enacted in law. More-over, they should indicate to the Holy See the ways in which those dioceses in the territory should be aggregated which up to now have been immediately subject to the Holy See. Pastoral Directories (N. 44 of the decree, Christus Domi-nu$) 43. With regard to pastoral directories, patriarchal synods and episcopal conferences are asked to be prompt in studying the general and special questions to be treated in the directories and to communicate their advice and desires as soon as possible to the Apostolic See. II NORMS FOR THE DECREE ON RELIGIOUS LIFE In order that the effects of the Council may be care-fully brought to maturity, religious institutes should first of all promote a newness of spirit and then in a prudent but inventive way see to the suitable renewal of life and discipline by carefully studying the dogmatic constitu-tion, Lumen gentium (Chapters 5 and 6) as well as the decree, Perfectae caritatis, and by putting into effect the teaching and norms of the Council. The following norms, which apply and give insistence to the decree, Perfectae caritatis, hold with suitable adaptation for all religious, Latin as well as Eastern; they describe a way of proceeding and lay down certain pre-scriptions. PART I THE WAY TO PROMOTE A SUITABLE RENEWAL OF RELIGIOUS LIFE I. Those Who Should Promote a Suitable Renewal 1. The principal role in the renewal and adaptation of religious life pertains to tbe institutes themselves; they + ÷ ÷ Im~lementation o] Vatican 11 VOLUME 25, 1966 957 ÷ ÷ ÷ Paul REVIEW FOR RELIGIOUS 958 will achieve this especially through general chapters or, in the case of the Eastern Churches, through synax~es. The work of the chapters will be achieved no~t only by passing laws but even more so by promoting ~piritual and apostolic vitality. 2. The cooperation of all superiors and members is necessary, to renew religious life in themselves, to prepare the spirit of the chapters, to complete their work, and to faithfully observe the laws and norms enacted by the chapters. ~ 3. In order to promote a fitting renewal in each in-stitute, within two or at most three years there should meet a specia! general chapter, ordinary or extraordinary. If the chapter itself so decides by a secret vote, the chapter can be divided into two parts separated in time by an interval of generally not more than a,.year. 4. In: preparing for this chapter the general council should make suitable provision for extensive and free consultation of the members and it should put the re-stilts of this consultation into a usable form in order that the work of the chapter may be helped and orientated. This can be done, for example, by consulting conventual and proVincial~ chapters, by establishing comniissions, by issuing questionfiaires, and so forth. ~ 5. In the case of stauropegiac monasteries [Eastern monasteries with' a special type of exemption] it will be the duty of the patriarch to enact norms for achieving this consultation. 6. This general Tchapter has the right to change for experimental purposes .given noinns of the constitutions or, in the case of the Eastern churches, of the typica pro-vided that the purpose, nature, and characteristics of the institute are retained.,. Experimentations in things agaihst the general law, a matter t6 be done with prudence, will be gladly permitted by the Holy See as opportunity war-rants. These experimentations can be extended until the next ordinary general chapter which will itself have the power to again extend .them but not beyond the immediately following chapter. 7. The general council will enjoy the same power in the time period between these chapters according to con-ditions to be determined by them; in the case of the East-ern churches, this power will be had in independent monasteries by the hegoumenos with the lesser synaxis. 8. Definitive approbation of the constitutions is re-served to the competent authority. 9. With regard to the revision of the constitutions of nuns, each monastery after the fashion of a chapter or also the nuns individually should express their opinions which, in order that the unity of the religious family may be fostered according to its own characteristics, should be collected by the supreme authority of the order if there is one and otherwise by a delegate of the Holy See or, in the case of Eastern religious, by the patriarch or the local hierarch. Opinions and advice can also be ob-tained from consessions of federations or from other legitimately convoked meetings. 10. If in monasteries of nuns certain experimentations for a time with regard to observances should be judged opportune, they can be permitted by the general superiors or by delegates of the Holy See and, among the Eastern churches, by the patriarch or the local hierarch. Neverthe-less, account should be taken of the mentality and atti-tudes of cloistered persons who have need for stability and security. 11. It will be the duty of the authorities mentioned above to see to it that the text of the constitutions is re-vised with the advice and help of the monasteries them-selves and that they are submitted for the approval of the Holy See or the competent hierarchy. 1I. Revision of Constitutions and Typica 12. The general laws of each institute (whether called constitutions, typica, rules, or. any other name) should include the following elements: a) gospel and theological principles concerning the religious life and its union with the Church as well as pertinent and specific declarations in which "are recog-nized and preserved the spirit and characteristic aims of the founders as well as the sound traditions- all of which constitute the heritage of each institute" (n. 2, b) of the decree, Per[ectae caritatis); b) the juridical norms necessary for clearly defining the characteristics, purposes, and means of the institute; these norms should not be overmultiplied but should al-ways be expressed in an adequate way. 13, The union of both these elements--the spiritual, namely, and the juridical--is necessary in order that the principal documents of the institutes may have a stable foundation and that a genuine spirit and a vitalizing norm pervade them; hence care should be taken to avoid composing a text that is only juridical or merely exhorta-tory. 14. From the fundamental document of institutes there should be excluded those matters that are already obsolete or changeable according to the customs of a given age or reflect merely local customs. Those norms which reflect the present age, the physical and psychic, status of the, members, and ,the special char-acteristics of today should be placed in secondary docu- 4- 4- Implementation o/ Vatican I! VOLUME 25, 1966 959 Paul REVIEWFOR RELIGIOUS 96O ments which are called "directgries," custom books, or some other such title. " IlL Criteria of(SuitableRenewal 15. The norms and the spirit to which a suitable re-newal should correspond '~hould be derived not,only from the decree, Perfectae caritatis, but .also from the other documents of the Second Vatican' Council, especially from Chapters" 5 and 6 of the ,dogmatic constitution, Lumen gentium. 16. Institutes should see to it that the principles es-tablished in number 2 of the decree, Perfectae caritatis, generally inform the renewal of their Own religious life; therefore: - , § 1. The sLudy and meditation of Scripture should be deeply fostered in all the members from the novitiate on. Likewise, care should be taken that all ,the members ~hare by' fitting means in the mystery and life: of .the Church. § 2. The doctrine of religious life in all its various aspects (theological, historical, canonical, and so forth) should be investigated 'and explained. § 3. In order to secure the good of the Church, in-stitutes should strive for a full. knowledge of their origi-nM spirit so that, this spirit having been faithfully pre-served in the adaptations that are decided on, religious life may be purified 6f alien elements~and freed from ob-solete matters. , ~ ~ 17. Those things are~ to be regarded, as obsolete which do not constitute the nature and purpose of the institute and, having lost'their significance and relevance; no longer truly help religious, life, account,~however, being taken of the witness which the religious state should pro-vide according to its own function., ' , . '~ 18. The way ~of governing should be such that "~hap-ters and councils., each in their,:own ,way should ex-press the shared responsibility of all thd members for the welfare of the entire community" (n. 14 iof the decree, Per[ectae caritatis);,,this will be principally,achieved if tlie members have a truly effective part in. the selection of the'membership bf-chapters and councils. Similarly, the way of governing should be such that 'in~ accor~d.with the demands of modern times~ the exercise of authority is made more efficacious and more unencumbered. Hence superiors of ever.y level should be given adequate powers so that useless or overly freqiaent recourse to!higher au-thorities is not multiplied. 19. Moreover; a suitable renewal cannot be made once and for all but must be fostered in a continuous way by the help of the fervor of the members and by the solici-tude ~of chapters and superiors. PART II MATrER$ FOR ADAPTATION AND RENEWAL I. The Divine O~ice o]'Brothers and Sisters (N. 3 of the decree, Perfe~ctge caritatis) 20. Although religious who recite a 'duly approved Little Office are engaged in the public prayer of the Church (see the 'consfitution, 'Sacrosanctum Concilium, n. 98)., still it is highly recommended to institutes that in place of a Little Office 'they recite either in ~part or in whole the Divine Office so that they may take more in-umate part in the liturgical life of the Church. However, Eastern'members should recite the doxologies, and the divine praises in accord with their own typica and cus-toms. II. Mental Prayer (N. 6 of the decree, Perfdctae caritatis) 21.'In order that reli~gious may participate more inti-mately a.nd fruitfully in the sacred mystery of the Eucha-rist and that their life be nourished riaore abundantly, greater place should be given to mental prayer in prefer-ence to a multiplicity of vocal prayers, there being main-tained,, however, the exercises of devotion commonly re-ceived in the Chui~ch and du~ care being taken that the members are diligently instructed in the conduct of"~he spiritual life. ' III. Mortification (Nos. 5 and 12 of the decree, Per]ectae caritatis) 22. Religious more than the rest of the f~iitfiful should be devoted to works of penance and mortification. How-ever," the ,special penitential observances~ of institutes .should, as far as there is need, be r~evised so that, du9 con-sideration having been given to the traditions of the East .or the West and to modern conditions, the .members can actually put them into practice together with new forms taken from today's mode of living. IV. Poverty (N. 13 of the decree, Per]ectae caritatis) 23. Institutes, especially through their general chap-ters, should diligently and concretely promote the spirit and practice of poverty in accord with the mind of num-ber 13 of the decree, Per[ectae caritatis; in accord with their distinctive nature they should also seek and insist on new forms of poverty which will make the exercise and witness of poverty more efficacious for the present time. 24. Institutes of simple vows should themselves decide in their gdneral chapter whether there should be intro-duced into the constitutions a renunciation of patrimony + + ÷ Implementation 'Vatican II VOLUME 25, 1966 961 already acquired or to be acquired and, if it is decided to do so, whether it should be obligatory or voluntary and when it should be done, that is, whether before perpetual profession or after some years. Paul VI REVIEW FOR RELIGIOUS 96~ .V. Common Life (N. 15 of the decree, Perfectae caritatis) 25. In institutes devoted to works of the apostolate .common life, since it is of great importance if the mem-bers as a family united in Christ are to reactualize their brotherly fellowship, should be promoted by every means in a way that is fitted to the vocation of the institnte. 26, In institutes of this kind the daily order can often not be ~the same in all the houses nor at times in the same house for. all its.members. However, it should also be so arranged that the religious besides the time given to spiritual matters and to work may have some time for themselves and caw enjoy suitable recreation. 27. General chapters and synaxes should investigate ways in which those members who are called lay brothers, cooperators, or some other name can gradually obtain active voice in specific acts of the community and in elections as well.as passive voice with regard to certain positions; in this way they will become more closely .joined to the life and works of the community, and priests .will be able,to devote themselves with more freedom to the ministries. 28. In monasteries which have come to the decision of ¯ having,'Only one class of nuns, choir obligations should be specified in the constitutions, consideration being .giye.n to the diversity of persons which the distinction of works and special vocations requires. 29. Sisters devoted to the exte~'nal service of monas-teries, called oblates or some other name, should be gov-erned by special statutes in which consideration should be given to their vocation which is not purely contempla-tive and to the exigencies of the vocation of the nuns in ufiion with whom they live even though they are not nuns. The superioress of the monastery has a serious'respon-sibility to,take solicitor's care of them, to provide them .w.ith a suitable religious formation, to treat them with a g~nuine spirit of love, and to foster their bond of fellow-ship with the community of nuns. VI. The Cloister of Nuns (N. 16 of the decree, Perlectae caritatis) 30. The papal cloister of monasteries is to be consid-ered as an ascetical institution which is specially linked to their'distinctive vocation since it is a sign, defense, and special form of their withdrawal from the world. Nuns of the Eastern rites should observe their own kind of cloister in the same spirit. 31. This cloister is to be adapted in such a way that material separation from the' outside is always retained. However, each family according to its own spirit can de-termine and specify in the constitutions particular norms for this material separation. 32. Minor cloister is abrogated. Nuns, therefore, who by their institute are devoted to external works should define this cloister in their constitutions. But nuns who, t~hough contemplat.ive by reason of their institute, have nevertheless under'taken external works, should, after a sufficient amount of tJ.me granted them for deliberation, either give UP their external works and retain papal cloister or retain the works and define their own cloister in the constitutions, their status as nuns bein~ retained. ' VII. The Training of,Religious (N. 18 of the decree, Perfectae caritatis) 33. The training of members from the novitiate on should not be conducted in the. same way in all institutes, but rather consideration should be given to the distinc-tive nature of each institute. In revising and adapting training, an adequate and prudent place should be given to experience. . 34. The matters set down in the decree, Optata.m totius (on the training of priests), should be suitably, adapted in accord with the nature of each insti.tute.and faith-fully observed in the way of training religious clerics. ¯ 35. Further training to be given after the novitiate, in a way. suited to the individual institute is necessary for all members even those of the contemplativ, e life, for brothers in lay institutes, and for sisters in institutes de-voted to apostolic works. This training; already in. exist-ence in many institutes under the name of juniorate, scholasticate, or some other title, should in general ex-tend for the entire period of; temporary vows. 36. This training should be given in suitable houses; and, lest it be merely thebretical, it should be comple-mented by an apprenticelike exercise of the works and functions that are in accord with the characteristics and circumstances of each institute so that the ones being trained may be gradually introduced to the life which they will live thereafter. 37. Without prejudice to the characteristic formation in each institute, when individual institutes cannot suffi-ciently provide academic or technical training, this can be supplied by a fraternal collaboration of a number of them. This can take different forms and ways: common lectures or courses, the lending of teachers, even the con-solidation of teachers and equipment in a common Implementation Vatican II VOLUME 25, "1966 963 school to be attended by members of a number of insti-tutes. Institutes which are provided with the necessary means should willingly give help to others. 38. After adequate experimentation, it will be the duty of each institute to draw up its own adapted norms for the training of members. VIII. The Union and. Suppression of Institutes (Nos. 21-2 of the decree, Perfectae caritatis) 39. The promotion of union of any kind among in-stitutes presupposes an adequate spiritual, psychological, and juridical preparation in accord with the mind of Perfectae caritatis. To achieve this it will often be advan-tageous for institutes to be helped by an adviser approved by the competent authority. 40. In the cases and circumstances just mentioned, the good of the Church is to be looked for, due consideration, however, being given to the special nature of each in-stitute and to the freedom of individual members. 41. After all circumstances have been considered, the following when found together should retain a specie/1 place among the criteria which can contribute to form-ing the judgment to suppress an institute or a monas-tery: a small number of religious relative to the years of existence; lack of candidates over a number of years; ad-vanced age of the greater part of the members. If sup-pression is decided on, provision should be made that the suppressed institution be joined "if it be possible, to an-other, more vigorous institute or monastery which is not very different in purpose and spirit" (n. 21 of the decree, Perfectae caritatis). Each religious, however, should be previously consulted; and everything should be done in charity. Paul Vl REVIEW FOR RELIGIOUS 964 IX. Conferences and Unions of Majqr Superiors and Superioresses (N. 23 of the decree, Perfectae caritatis) 42. Care should be taken that the union of superiors general and the union of superioresses general be able to be heard and consulted by means of a commission estab-lished with the Sacred Congregation of Religious. 43. It is of the greatest importance that the national conferences or unions of major superiors and of major superioresses should confidently and respectfully cooper-ate with the episcopal conferences (see n. 35, 5 of the decree, Christus Dominus; n. 33 of the decree, Ad gentes divinitus). Hence it is hoped that matters pertaining to both sides will be treated in mixed commissions composed of bishops and major superiors or superioresses. CONCLUSION 44. These norms, which apply to religious of the en-tire Church, leave intact the general laws of the Church, whether of the Latin Church or of the Eastern Churches, as well as the specific laws of religious institutes unless these norms change them explicitly or implicitly. III NORMS FOR IMPLEMENTING THE DECREE ON MISSIONARY ACTIVITY Vatican Council II's decree, ,4d genres divinitus (on the missionary activity of the Church), should be es-teemed by the entire Church and be faithfully observed by everyone so that the entire People of God should be-come genuinely missionary and conscious of its mission-ary obligation; local ordinaries should see to it that the decree comes to the knowledge of all the faithful: there should be clergy conferences and sermons to the people to explain and emphasize the common obligation of all with regard to missionary activity. In order to make the application of the decree easier and more faithful, the following enactments are given: 1. The theology of missions should be included in the theological doctrine that is to be taught and progressively deepened; this is to be done in such a way that the mis-sionary nature of the Church is clearly visible. More-over, the ways of the Lord in His preparation for the gospel and the possibility of salvation for those not evangelized should be considered; and emphasis must be given to the necessity of evangelization and of incorpora-tion into the Church (Chapter 1 of the decree, Ad gentes divinitus). All these matters should be kept in view when studies in seminaries and universities are newly organized and duly ordered (n. 39). 2. Episcopal conferences are invited to propose to the Holy See as soon as possible general questions abont the missions which can be considered in the coming meeting of the synod of bishops (n. 29). 3. To increase the missionary spirit in the Christian people, prayers and daily sacrifices should be fostered in such a way that the annual Mission Day shonld appear as a spontaneous indication of that spirit (n. 36). Bishops and episcopal conferences should compose petitions for the missions to be inserted into the Prayer of the Faithful at Mass. 4. In each diocese a priest should be designated for the effective promotion of missionary undertakings, and he should also be a member of the pastoral council of the diocese (n. 38). ÷ ÷ ÷ Implementation o! Vatican 1I VOLUME 25, 1966 965 + ÷ ÷ Paul REVIEW FOR RELIGIOUS 966 5. To promote the missionary spirit students in semi-naries and young people of Catholic associations should be encouraged to have contacts with seminary students and similar associations in the missions so that a mutual understanding may foster in the Christian people a mis-sionary and ecclesial consciousness (n. 38). 6. Being aware of the urgency of the evangelization of the world, bishops should promote missionary voca-tions among their clerics and young people; and to in-stitutes engaged in 'missionary work they should furnish the means and opportunities by which they may make the needs of the missions known in the diocese and. may arouse vocations (n. 38). In arousing vocations for the missions care should be taken to set forth the mission of the Church to all peoples and the ways in which various types (institutes, priests, religious, and lay persons of both sexes) try_ to achieve this mission. Chiefly, however, .the special missionary vocation "for life" (nos. 23, 24) should be extolled and illustrated by examples. 7. The Pontifical Missionary Works should be pro-moted in all dioceses; and their statutes, especially those with regard.to the transmission of assistance~ should be duly obser.ved (n. 38): 8. Since.the .offerings given to the missions by the faithful of their own accord are not nearly sufficient, it is recommended that as soon as possible there .be enacted a set contribution, proportioned to the revenues of each, which both the diocese and the parishes and other group-ings of the diocese should pay each year and which should be distributed by the Holy See, all other obligations of the faithful remaining (n. 38). 9. Episcopal conferences should have an episcopal' com-mission for the missions whose, work it will be to foster among the dioceses missionary activity and consciousness and an abiding attitude of cooperation, to be .in contact with other episcopal conferences, and to, investigate ways in which as far as possible equitable arrangements of missionary help may be safeguarded (n. 38). 10. Because missionary institutes remain very neces-sary, all should acknowledge that they have had the work of evangelization entrusted to them by ecclesiastical au-thority in order to carry out the missionary dutyof the entire People of God (n. 27). 11. Bishops should also use missionary institutes in order that they might enkindle the faithful with a desire for missionary activity; bishops should also furnish them opportunities, right order being observed, of arousing and fostering in young people vocations to the missions and of asking for contributions (nos. 23, 37, 38). In order, however, that greater unity and effectiven&s be achieved, the bishops should use a national or regional missionary council which will consist of the directors of the Pontifical Works and of the missionary institutes existing in the country or region. 12. Each missionary institute should as soon as possible take care of its own adaptation and renewal especial!y with regard to its methods of evangelization and of Chris-tian initiation (nos. 13, 14) as well as to its way of living in communities (n~ 3 of the decree, Perfectae caritatis). 13. - § 1. It is necessary that for all missions there be only one competent curial, department; namely, the Sacred Congregation for the Propagation of the Faith. Since, however, certain missions for special reasons are still subject temporarily to other curial departments, there should be established in these other departments a missionary section that should have close relations with the Sacred Congregation for the Propagation of the Faith in order that in the organizing and directing of the mis-sions a completely constant and uniform norm can be had (n. 29). § 2. To the Sacred Congregation for the Propagation of the Faith are subject the Pontifical Missionary Works; namely, the Pontifical Work for the Propagation of the Faith, the Work of St. Peter for native clergy; the Union of the Clergy for the Missions, and the Work of the Holy Childhood. 14. The president of the secretariat for fostering the unity of Christians is by reason of his office a member of the Sacred Congregation for the Propagation of the Faith while the secretary of the same secretariat is included among the consultors of the Sacred Congregation for the Propagation of the Faith (n. 29). Similarly, the Sacred Congregation for the Propagation of the Faith should be represented at the secretariat for fostering the unity of Christians. 15. In the direction of the Sacred Congregation for the Propagation of the Faith twenty-four representatives take part with a deliberative vote unless in individual cases the supreme pontiff should decide otherwise; namely, twelve prelates from the missions and four, from other regions, four from superiors of institutes, four from the Pontifical Works; all of these shonld meet twice a year. Members of this board are appointed for five years with almost a fifth part being changed every year. When they have finished one term, they can be appointed for an-other five years. In accord with norms to be sent as soon as possible from the Apostolic See, episcopal conferences, institutes, and the Pontifical ~rorks should propose to the supreme pontiff the names of those from whom the supreme pontiff may select the representatives mentioned above as + .+ + Implementation oS Vatican II VOLUME 25, 1966 .967 Paul REVIEW FOR RELIGIOUS 968 well as the names of those, including persons living on the missions, from,whom consultors can be selected. 16. Representatives of religious institutes on the mis-sions and of regional works for the missions as well as of councils of laymen have a part in the meetings of this congregation with consultive vote (n. 29). 17. After consulting the episcopal conferences and mis-sionary institutes, the Sacred Congregation for the Propa-gation of ,the Faith should delineate .as soon as possible the general principles according to which agreements should be made between local ordinaries and mission in-stitutes with regard to" the regulation of their mutual, re-lationships (n. 32). In making these agreements consideration', should be given both. to the continuance of missionary work andoto the needs of the institutes (n. 32). 18. Because~ it is desirable that episcopal.conferences be joined intooorganic groups along socio-cultural lines, the Sacred Congregation for the Propagation of the Fi~ith (n. 29) should promote such coordinations of episcopal conferences. " Together with the Sacred Congregation for.the Propa-gation of the Faith, the work of these conferences~ will be the following: 1°. To seek ways, including new ones, in which by joint effort- the faithful and the missionary institutes may insert themselves into the peoples and groups among whom they live or to whom they are sent (nos. 10, 11) and :with whom they should conduct a dialogue of salvation. 2°. To establish study groups who should investigate peoples' ways of thinking about the universe, about man, and about man's interior attitude toward God and who should subsume for theological consideration'whatever is good or true. Such theological study should furnish the necessary foundation :for making adaptations, the consideration ~of which should also be a duty of the aforementioned study groups. Among other 'matters these adaptations should be concerned with. methods of ~vangelizing, liturgical forms, religious life, arid ecclesiastical legislation (n. 19). As far as methods of evangelization and of catechesis ~a~e concerned, the Sacred Congregation for the Propaga-tion of the Faith should promote close cooperation with advanced-level pastoral institutes. As far as liturgical forms are concerned, the study groups should send documents and opinions, to the Com-mittee for the Implementation of The Constitution on the Liturgy. ~As far as the religious ~state is concerned (n. 18), care should be taken that external form (exemplified by ex- ternal appearances, clothing, arts, and so forth) not be given more attention than the religious characteristics of peoples which should be assumed or assimilated to evan-gelical perfection. 3°. To promote at determined times meetings of those teaching in seminaries in order, after consultation with the study groups already mentioned, to adapt courses of study and to mutually exchange information so that better attention be directed to today's needs in the matter of priestly training (n. 16). 4°. To examine the best way in which manpower (priests, catechists, institutes, and so forth) can be dis-tributed in the territory and especially the way in which care can be taken of the scarcity of manpower in places that are highly populated. 19. In distributing resources a suitable part should be reserved each year for the formation and sustenance of the local clergy, the missionaries, the catechists, and the study groups mentioned in number 18. Bishops should send reports about these matters to the Sacred Congrega-tion for the Propagation of the Faith (nos. 17, 29). 20. A pastoral council should be duly established; its work will be, in accord with number 27 of the decree, Christus Dominus, "to investigate, appraise, and draw practical conclusions about matters pertaining to pastoral works," to do its share in preparing the diocesan synod, and to take care of the execution of the statutes of the synod (n. 30). 91. On the missions there should be established con-ferences of religious men and unions of religious women in which the major superiors of all institutes of the same nation or region should take part and by which their undertakings may be coordinated (n. 33). 22. According to possibilities and needs scientific in-stitutes should be multiplied; they should cooperate by common consent in order that the work of investigation and specialization be well organized; and duplication of works of the same nature should be avoided in the same region (n. 34). 23. In order that immigrants from mission countries be duly received and assisted by suitable pastoral care on the part of bishops of countries who have long been Christian, cooperation with missionary bishops is neces-sary (n. 38). 24. With regard to lay persons on the missions: § 1. Urgent emphasis should be put on the following: sincere intention of serving, the missions, maturity, suit-able preparation, professional specialization, and a suffi-ciently long time to be spent on the mission. ÷ 4. 4- Implementation 'Vatican 11 § 2. Consociations of lay persons for the missions should be effectively intercoordinated. § 3. The bishop of the mission locality should be so-licitous [or such lay persons. § 4. The social security of such lay persons should be safeguarded (n. 41). ,÷ ÷ Paul Vi REVIEW FOR RELIGIOUS 97~ THOMAS BARROSSE, C.S.C. Religious Community and the Primitive Chul'ch In the opening chapters of the Acts of the Apostles St. Luke describes how the Church began her life. The Spirit came. The Apostles preached. The gospel was believed. The believers were baptized, and the Church had come into existence. At the end of Chapter 2, Luke furnishes a vignette of life in the primitive Christian community. In Chapters 3 and 4 he introduces the threat of persecution and opposition. Then, once more, at the end of Chapter 4, he provides a sketch of life in the earliest Church. These pictures presented in Acts 2 and 4 are somewhat idealized. In Chapters 5 and 6, he will. quite frankly fill the shadows in: the deceit of Ananias and Sapphira and the grumbling of the Diaspora Jewish Christians against their Palestinian fellow believers. But he wishes first to present the life of the primitive community in its best light so that the memory of the earliest Apostolic Chureh can haunt his Christian readers down through thd years as a model they will want to emulate. ~ The casual, or even the careful, present-day reader of the Gospels of Mark and Luke might form for himself a rather individualistic conception of the ideal Christian: a person who believes (for "he who believes and is baptized will be saved"--Mk 16:16), who loves (for to the questioia, "What must I do to possess eternal life?" thd answer' is, "You must love the Lord your God. and your neighbor --Lk 10:25-7), who is completely detached (for "he who does not renounce all that he possesses cannot be my dis-ciple"-- Lk 14:33), who remains faithful through tribula-tion (for "he who perseveres to the end will be saved"m Mk 13:13). This conception is false, of course, and the Book of Acts, which shows how what the Lord Jesus pre-pared by His ministry and effected by His sufferings and Thomas Barrosse, C.S.C., is on the staff of the general-ate of the Congre-gation of the Holy Cross; Via Aurelia Antica, 391; Rome, Italy. VOLUME 25, 1"966 " ÷ + ÷ Tho~mas Barrosse, REVIEW FOR RELIGIOUS glory actually came to be, makes it very clear that the work of Christ was the creation of a communily of faith, of love, and of hope in the midst of tribulations. Here is the picture Luke paints in Chapter 2 (vv. 41-5): "Those who received [Peter's] word [with faith] were bap-tized"-- a community constituted by faith and baptism. "They were persevering in the teaching of the Apostles" --a community that maintained itself in existence by nourishing its faith. But also a community of love--for "they were persevering., in the common life--hoin6n[a --[which manifested itself in] the breaking of the bread [--the common, eucharistic meal--] and the [common] prayers" but which manifested itself too in their sharing of material goods since "the believers., considered all things common and were selling their property and be-longings and dividing up the proceeds among all accord-ing as anyone had need." Their love was not restricted to the group: they were an open community since "they were persevering daily in the temple., and enjoying favor with all the people." This same picture recurs in Chapter 4 (vv. 32-5): "The whole multitude of believers were one heart and one soul, and no one said any of his belongings were his own, but all things were common for them . " The shadow of the cross, which already falls across the community in Chapter 4 when Peter and John are ar-rested and threatened, gradually crystallizes into a princi-ple of life. It is finally formulated in 14:22 when Paul points out that only "through many tribulations must we come into the kingdom of God." Let us see how much the thought of this ideal Christian community depicted by Luke in Acts influenced the origins of religious life. Students of Christian monasticism (a way of life that would diversify and proliferate into the many forms of religious life which we know today) usually find its be-ginnings in fourth century Christian Egypt. Before that time there existed in the Church both celibates (especially virgins and widows) and "ascetics" (literally, "exercisers" or "practicers"). The celibates felt that it was given to them to forego married life for the sake of the kingdom of heaven (Mr 19:11 f.) or that they had the gift of re-maining unmarried to give undivided attention to the Lord (1 Cot 7:7 and 32-5). The ascetics applied certain New Testament passages--like Jesus' advice to the rich young man to sell all his belongings if he wanted to be perfect (Mr 19:21)--quite literally to themselves in their attempts to live a full Christian life. But the Christian ideal--or the ideal Christian--was the martyr. The martyr was the believer who by his total self-re-nunciation showed his perfect love--and even the celi- bates and ascetics hoped and prayed for the great favor of undergoing martyrdomA Clement of Alexandria in the third century could echo Ignatius of Antioch and Polycarp of Smyrna in the second in saying: "We call martyrdom perfection (telei6sis) not because the man has reached the end (telos) of his life, as others do, but be-cause he has displayed the perfect (tdleios) work of love." e For this reason, it was the martyr who was considered the Christian most resembling Christ and the Apostles. "The Lord," says Clement of Alexandria again, "was the first to drink the cup . In imitation of him, the Apostles as. perfect men suffered for the churches which they founded." 3 Even before, but especially after, the age of martyrs ended, the Church fathers tried to show that other ideal Christians could be found. They pointed out how espe-cially the celibates and the ascetics were, like the martyrs, "athletes" or "soldiers" of Christ who showed their per-fect faith and love by their perfect self-renunciation. If martyrdom might be called a second baptism, so might profession of the celibate or ascetical life.4 In fourth century Egypt St. Anthony turned the private initiative of scattered ascetics into an organized mass movement. Undertaking the life of an ascetic, he learned this virtuous and prayerful way of life from other Christians who lived it more or less in retirement. He came to appreciate from them how he might more literally put the various suggestions and injunctions of the New Testament into practice in his own life. Then after twenty years of solitude and struggle for mastery over himself, he became, at their request, the teacher of large numbers who were stirred by his example. His contemporary and acquaintance, St. Athanasius, in Chap-ter 1 of his Li~e o~ Anthony describes how the Lord "gave Anthony grace in speech so that., he induced many to choose the solitary life." The biographer con-tinues: "From that time there have been monasteries [that is, hermitages] even in the mountains, and the desert was made a city by monks . " ~ Anthony's dis-course on the ascetic life in Chapters 16 to ~ of this work has even been called the first rule of life for monks. x See St. Athanasius, Life of Anthony, Chapters 46 and ~t7, in Early Christian Biographies, trans. Sister Mary Emily Keenan (New York: Fathers of the Church, 1952), pp. 177-8. a Stromata 4, 4 (translated and commented by E. Malone, The Monk and the Martyr [Washingtou: Catholic University, 1950], p. 5). Religious ~ Stromata 4, 9 (translated [and here slightly adapted] in E. Ma- Community lone, The Monk and the Martyr, p. 6). * Malot~e, The Monk and the Martyr, Chapters Three to Six. ~Athanasius, Life o[ Anthony, in Keenan, Early Christian Biog-raphies, p. 149. VOLUME 25, 1966 973 ÷ ÷ Thomas Barrosse, C,.S.C. REVIEW FOR RELIGIOUS 97,1 At times these "monks" (that is, "solitaries") lived two or more together.~ But their association remained limited and voluntary. They were basically hermits (that is, "des-ert"- dwellers) or anchorites (that is, people in "retire-ment"). This sort of life in modified form has continued on in the Church to the present day--in the West among the Carthusians and the Camaldolese, for example, and in communities of semi-solitaries in the East. It won the ad-miration of the' western European writers of the patristic age, and many of them looked upon it as a higher life than the one to which we now turn. While Anthony lived in northern Egypt, another as-cetic, Pachomius, was organizing the ascetical life on another pattern to the south. After some training in the life under another, older man, he began to gather dis-ciples and train them. He organized them into a com-munity-- koin6nla--the very word that Luke uses in Acts 2:42 to describe the "common life" of the primitive Church. He composed a detailed rule for these cenobites (that is, men with a "common life"). Theodore, close disciple and successor of Pachomius, presents it as a "model for whoever desires to bring souls together ac-cording to God in order that they may become perfect." 7 We must not think of it merely as a practical measure to train fervent individuals. If we read on in Pachomius' life, we find that he worked gradually to dispose his disciples "to bind themselves to one another in perfect community after the manner of what stands written in Acts of the believers: 'They were a single heart and a single soul, and all goods belonged to them in common; there was no one who said of what belonged to him, "It is mine.' . s In addition, they referred to one another as "brothers," the term the Book of Acts and the New Testament epistles use to designate the relationship of early Christians to one another. One of his early lives even describes a visit of Pachomius' disciples to Anthony after their master's death, in which the latter declares "that he gathered souls around him in order to offer them pure to the Lord is a fact which shows that he is su-perior to us and that the way he followed is the Apostle's way, that is, the koin6nia" 9 When Pachomius~ disciples press Anthony with the question: "If the common life . is the higher way of the Apostles, then why did you not live in community.?" the anchorite answers that elbid., Chapters 11 and 91, in Keenan, Early Christian Biogra-phies, pp. 145 and 213. * L. Lefort (ed.), Les vies coptes de saint Pachdme (Louvain: Mu-s~ on, 1943), pp. 60-1. s Ibid., p. 276. 0 Ibid., pp. 3 and 65. he had no choice when he became a monk: there were no communities to join.1° This idea that the common life was, in its original inspiration, an attempt to create an ideal Christian com-munity on the pattern of the primitive Church of Acts 2 and 4 recurs frequently and emphatically in the teach-ing of Pachomius' successors. Theodore, for example, says: "It is by a favor of God. that the holy koin6nla ap-peared on earth., by which he made the Apostolic life known to men desirous of modeling themselves after the Apostles . ,, n The idea is found decades later even among the anchorites of the north. When John Cassian, who clearly regarded the eremitical life as superior to the cenobitic, visited the monks of northern Egypt, them-selves anchorites, he learned their conviction that the cenobitic way of life was the Apostles' own foundation! He cites one of the anchorites he interviewed: The system of Cenobites took its rise in the days of the preaching of the Apostles. For such was all that multitude of believers in Jerusalem which is thus described in the Acts of the Apostles--[he then cites Acts 4:32-5 and 2:45]. The whole Church, I say, was then such as now are those few who can be found with difficulty in coenobia. But when at the death of the Apostles the multitude of believers began to wax cold . those who still maintained the fervour of the apostles, mindful of that former perfection, left their cities and intercourse with those who thought that carelessness and a laxer life was per-missible to themselves and the Church of God, and began to live in rural and more seqnestered spots, and there, in private and on their own account, to practise those things wlfich they had learnt to h~ve been ordered by the apostles throughout the whole body of the Church in general . He goes on to explain how they are called "monks" (that is, "solitaries") because of their retirement and "cenobites" because of their community life. He con-cludes: That then alone was the earliest kind of monks, which is first not only in time but also in grace, and which continued un-broken for a very long period up to the time of Abbot Paul and Anthony; and even to this day we see its traces remaining in strict coenobia. The anchorites, he says, began only with Paul the Hermit and Anthony, who were the "flowers and fruit" of the common life.~2 The monastic life, especially in its Antonian form, spread over Palestine and Syria. After the mid-fourth 10 Ibid., pp. 268 and 323. n H. Bacht, "Pakh6me et ses disciples," in Thdologie de la vie mo1n.aos tCiqoune f(ePraernics:e A18u,b Ciehr,a 1p9te6r1 5), (ptr.a 6n7s.lated by E. Gibson in .4 Select Library o[ Nicene and Post-Nicene Fathers, 2od series, v. 11 [New York: Christian Literature Company, 1894; reprinted Grand Rapids: Eerdmans, 1955], pp. 480-1. . ¯ ÷ ÷ ÷ Religious Communit~ VOLUME 25, 1966 975 ÷ Thomas, BarrCo.sSs.eC, . ~EVIEW FO~ ~ELIGIOU$ 976 century it existed in Cappadocia (what is today south central Turkey) in a form that in many ways strikingly resembles the Pachomian pattern but quite ~possibly without any dependence on Egypt. It found an important organizer and legislator in St. Basil the Great. Cappadocian monasticism was exclusively cenobitic, and Basil's Longer Rules tell us why.13 These rules, more a commentary on monastic life and usages than a set of regulations, .begin (Preface) with the question "Why have we come together?" The answer is: "To live the devout life'S---or "To do what God wants." What he wants, he himself tells us(qq. 1-3): "You must love the Lord your God with your whole heart., and your neighbor." Basil goes on to explain the life of monks as an attempt to prac-tice this love. He emphasizes the need of some degree of retirement from possible distractions and the desirability of association with. like-minded companions (qq. 6-7), but he explicitly rejects a solitary life because the love Christ taught us does not permit each p.erson to look simply after his own. concerns while the solitary life, he says, does just this (q. 7). He buttresses his argument on the need for community by numerous New Testament citations on fraternal charity and union as the distinctive marks of those who are one with Christ. He climaxes his remarks by pointing out that life in community preserves what was "characteristic of the saints, of whom it is recorded in the Book of Acts: 'And all they that be-lieved were together and had all things common,' and again: 'And the multitude of believers had one heart and one soul; neither did anyone say that aught of (he things which he possessed was his own, but all things were com-mon tinto them' " (q. 7).14 So important does Basil consider this' union that he will not permit more than one community-one "fra-ternity" or "brotherhood," ag he prefers to say--in any one town (q. 35). Once more, his climactic argument against division into several communities is the 'ideal picture of the close-knit primitive Church sketched in Acts 2 and 4, to which he joins Paul's description of the Church in Ephesians 4. The Basilian community is not so close-knit as to be cl6sed in on itself. If the Egyptian hermits and communi-ties worked not only to support themselves b~t also to be able to give alms?5 the Cappadocian fraternities ran hospices for the sick and the poor, orphanages, and ~Translated in Saint Basil, Ascetical Works, trans. Sister M. Monica Wagner (New York: Fathers of the Church, 1950), pp. 223- 37. 1~ Ibid., p. 252. ~Athanasius, Life of Anthony, Chapter 43, in Keenan, Early Christian Biographies, pp. 174-5. schools, and considered work for the community or for the outsiders more important than austerities.1° They were in a sense "the nucleus and the elite of the 'parish,' and [their] liturgy seems [to have been] identical with that of the local church, but with this difference that the ordinary Christians did not participate in it except to only a quite limited extent." 17 In the Africa that lay west of Egypt the ascetical lif9 was also known. St. Augustine's name is associated with its organization not only because he was among the firs~ bishops to have his clergy live a monastic life with him but because of the letter (n, 211) in which he prescribes observances for a community of women in his diocese and which seems to be the source of the Rule of St. Augustine. In all his efforts to organize monastic li'fe, lie looked to forming an ideal Christian community after the pat7 tern of the primitive Church of Acts 2 and 4. The com-munity of lay monks that he organized shortly after his conversion had as its model, his early biographer Pos-sidius tells us, the "common life" (societas) lived "under the holy Apostles" in Acts. The monastic organi~zation of his clergy in the bishop's house at Hippo had as its purpose, Augustine himself explains, "that, as far as we can, we may imitate the saints of whom the book of the Acts of the Apostles speaks," and he quotes Acts 4.is In his letter to the community of women mentioned above, he begins: "This is what we prescribe that you observe in the monastery in which you live. In the first place, since this is the reason for your coming together, you must live in unity in the house, and you must have a single soul and a single heart turned toward God. You must not speak among yourselves of personal goods, but rather have all things in common." 10 He continues: "It is thus that you read in the Acts of the Apostles that 'all things were common unto them, and distribution was made to everyone according as he had need.' "20 These texts of Acts depicting the life of the primitive Church haunted Augustine.21 He returns to them no less than fifty-three times in his different works. An examina- 18 C. Butler, Benedictine Monachism (2nd ed.; London: Longmans, 1924), pp. 16-7; J. Gribomont, "Saint Basile," in Thdologie de la vie monastique, p. 113. x7 p. Salmon, The Breviary through the Centuries (Collegeville: Liturgical Press, 1962), pp. 130-1, footnote 4. xs For citations and references see M. Verheijen, "Saint Augustin," in Thdologie de la vie monastique, pp. 201-2~ a9 Ibid., pp. 203-4. ~See the entire letter in Saint Augustine, Letters, trans. Sister Wilfrid Parsons, v. 5 (New York: Fathers of the Church, 1956), pp.- 38-51. The passage cited occurs on pp, 41-2. ~ For most of the following statistics and details see Verheijen, "Saint Augustin," pp. 204--12. + + 4- Religious . Community VOLUME 25, 1966 tion of these passages shows that he recognized in this vignette of the early Church a picture of the community of love which Christians on earth should be, made one in Christ by the presence of the Holy Spirit, Himself infinite love--a unity which is at the same time an antici-pation and beginning of the fuller community of love which the Church will be throughout eternity. The life of communities of monks, clerical or lay, and the life of communities of virgins was simply the realization of this ideal by these people in a way not possible for the gen-erality of Christians. Whet/we examine early European monasticism, we dis-cover a heavy Egyptian influence. All over ancient Christian Europe the eremitical life was known and praised. So was the cenobitic. The great organizer of western monasticism concerned himself only with draw-ing up a rule for cenobites. He organized and modified. Up to the time of St. Benedict, Abbot Cuthbert Butler explains, monks, though looked upon as bound, whether by vows or without them, irrevocably to the practice of the monastic life, so that to abandon it was considered an apostasy, still were not tied to a particular monastery or community, but were allowed with little difficulty to pass from one house to another. St Benedict's most special and tangible contribution to the de-velopment of monasticism was the introduction of the vow of stability . [By this means] he put a stop to such liberty of passage from monastery to monastery and incorporated the monk by his profession in the community of his own monastery. St Benedict thus bound the monks of a monastery together into a permanent family, united by bonds that lasted for life.'~ ÷ ÷ 4- Thomas Barrosse, .S.C. REVIEW FOR RELIGIOUS In examining his Rule the casual reader may feel he finds relatively little beyond Chapter 63 (on the order of the community) about the relations of the monks with one another. Several points, however, deserve attention. It is quite clear that all the "brothers"--that is, all the monks--have a voice in the running of the community. The abbot must submit all important matters for the ad-vice of all the brothers, and in even minor matters he must get the advice of at least the older members of the community (Chapter 3). It is clear too that the common life means not only living in the same monastery and praying and eating together but also having all material goods in common--hence, a really extensive sharing of life. In this context the Rule cites Acts 4 three times over.23 .~o ~B Iunt lCerh,a Bpetenresd 3ic3ti n(we hMeothnearc hmisomn,k psp s. h2o7u-8ld; have anything of their own), 34 (whether all should receive necessities in equal measure), and 55 (on the brothers' clothing and footwear). The Benedictine Rule (Prologue) declares as its pur-pose to establish a "school of the Lord's service"--not, however, in the sense of a place one leaves (for example, for eremitical life) when he has learned what is taught there. It is written (as the Prologue goes on to say) for those who will "persevere in the monastery until death." The expression "school" occurs of the Church itself in Christian literature of the patristic period (for example: the school of Christ as opposed to the schools of the philosophers).~4 It is not at all unlikely that it is meant to designate the monastery simply as a community where the Christian life can be lived progressively bett6rmand, of course, the Christian life is radically altruistic. The original Benedictine community was by no means closed in completely on itself. Chapter 53 of the Rule (on the reception of guests) has made BenediCtine hospi-tality proverbial. The monks', readiness to evangelize the countryside around their monasteries (for example, at Monte Cassino) and to go on foreign missions (for ex~- ample, Augustine and his companions, who went to England at Gregory the Great's behest) as well as to open monastic schools shows that they were disposed to work for the larger Christian community both outside their monasteries and in themY~ In short, in this respect the Benedictine community resembled the Basilian--Bene-dict says (Rule, Chapter 73) he owes much to his eastern predecessor--and even surpass~ed it. We may sum up what we have seen so far. Th~ phe-nomenon we call religious life originated in fourth century Egypt where Anthony and Pachomius gave as-cetics an organized way of life to follow. It assumed two forms: the eremitic or solitary form (Anthony's) ' and the cenobitic or community form (Pachomius'). The latter developed remarkably--perhaps independently of Egypt --in Cappadocia under Basil. It also found a great fifth century African organizer in Augustine and a sixth century European organizer in Benedict. Pachomius, Basil, and Augustine found the model of what they ,d~re trying to create in the idealized sketch of the primitive community of faith and fraternal love which Luke pre-sents in Acts 2 and 4. Though the inspir~ition of this vision is not so evident in B~nedict, his Rule, by its introduction of stability, mdr~ effectively provided for ~ permanent community in which the Christian life could be lived to the full, Now let us ask briefly about the other three.elements which today, with the common life, form the canonical -°4 See La R~gle du Maitre, ed. Adalbert de Vogii~, v. 1 (Paris: Cerf, 1964), pp. 115-6. = Butler, Benedictine Mona~hism, pp. 389-90, nuances this state-ment. Religious ~ommunity VOLUME 25, 1966 ÷ Thomas Barrosse, REVIEW FOR RELIGIOUS 980 minimum for the religious state: poverty, chastity, and obedience. How were they viewed by the great organizers? It has been customary for centuries to look upon these three--religious poverty, celibacy, and obedience--as an asceticism meant to counter the obstacles to love, in which, of course, the perfection .of the Christian life consists,zn Today, when it has become the style to dis-parage asceticism, this conception has lost appeal. We must recognize quite frankly, however, that in the early centuries of organized monastic life celibacy and poverty and obedience were repeatedly presented as an asceticism --that is, as a tangible expression of that readiness to leave all for Christ which we can call detachment and which is the necessary condition for love. But--what is of more importance for us at the moment--they were also looked upon as being in themselves expressions of love and means to create the ideal Christian community. The case of poverty is clearest. It is true that we can find numerous passages in the sources we have been con-sidering in which the abandonment of material posses-sions appears as a renunciation--a giving up--of material goods. It appears as a means to cast off "anxiety for the morrow" (Mt 6:24). It is presented as getting rid of one's goods preliminary to the following of Christ (Mt 19:21). But even in the case of the anchorites--for example, Anthony himself--disposing of one's goods usually takes the form of selling them to give the proceeds to the poor in accord with Jesus' counsel to the rich young man (Mr 19:21).27 Even more, after the initial renunciation, the cenobite's possession of anything as his own is r~gularly exchtded by our sources as being opposed to a truly common life. Citations from Acts 2 and 4 freque.ntly serve to exclttde private possessions precisely as infidelity to full community of life. Many of the passages examined above will illustrate this if they are reexamined. Let us, instead, examine one other. St Augustine in his treatise on the Work of Monks indicates both renunciation and community as involved in monastic poverty.~s First, renunciation. He writes: Let us suppose a person is converted to this life from a life of luxury, and that he is afflicted with no physical infirmity.,Are we so incapable of understanding the sweetness of Christ that we do not know how great a swelling of deeply rooted pride is healed when, after the removal of the superfluities with ~See John Cassian, Conference 1, Chapter 6 (in Gibson, Nicene and Post-Nicene Fathers, 2nd series, v. I1, p. 297); Thomas Aquinas, Summa theologiae 2-2, q.186, a.7. ~rAthanasius, LiIe o] Anthony, Chapters 2 and 3, in Keenan, Early Christian Biographies, pp. 135-6. ~ Chapter 25, translated in Saint Augustine, Treatises on Various Subjects, trans. Sister Mary Sarah Muldowney (New York: Fathers of the Church, 1952), p. 377. which his spirit was fatally possessed, the humility of the worker does not refuse to perform lowly labors to obtain the few supplies which remain necessary for this natural life? Secondly, community. He continues: If, however, a person is converted to this life from poverty, let him not consider that he is doing merely what he used to do, if, turning from the love of increasing his own private fortune, however little, and no longer seeking what things are his own but rather those of Jesus' Christ, he has devoted him-self to the charity of common life, intending to live in com-panionship with those who have one heart and one soul in God, so that no one calls anything his own but all things are held in common. Celibacy, of course, was practiced by Christians from the New Testament period itself. The motive St. Paul assigns for it in 1 Cor 7:35 is contemplative: to provide "undivided attention to the Lord." The motive Jesus as-signs in Mt 19:12: "for the sake of the kingdom of heaven" (which means "for the sake of the reign of God") can be considered apostolic: that is, celibacy to devote oneself wholly to the spread of God's reign by the preach-ing of the gospel. After all, injunctions to go out to pro-claim the kingdom without delaying even to bury one's father or to take leave of one's relatives occur in the Gospel (Lk 9:57-62; see Mt 8:19-22). Among the Pachomians, Theodore says: "Let us pre-serve the gift [a reference perhaps to the 'gift' of celibacy mentioned in 1 Cor 7:7 or possibly Mt 19:11] which has come to us beyond the deserts of our efforts. Let. us preserve the law [of the koin6nla], each one of us being a subject of edification for his neighbor." And a recent commentator remarks: The edification of one's neighbor--which means, immedi-ately, of one's brothers--is an essential element of the law on which the koin6nla rests. The realization of this law can-not be attained except when the bonds of purely natural love 'according to the flesh' have been broken and all the brothers bound together in a spiritual love. From this source come repeated regulations prescribing separation from one's family and controlling relations witl~ those who are related by blood.-~ Basil too--one more text will have to suffice--sees the renunciation of one's own family--and even more of a family of orie's own--aS a means to be "brother" equally to all members of the brotherhood. He writes: ÷ Superiors should not allow those who have been perma- ÷ nently admitted to the community to be distracted in any + way--by allowing them either to leave the company of their brethren and live in private on the pretext of visiting their Religious relatives or to be burdened with the responsibility of caring Community for their relatives according to the flesh. The Scripture abso-lutely forbids the words "mine" and "thine" to be uttered ~ Bacht, "Pakh6me,'" pp. 67-8. VOLUME 25, 1966 among the. brethren, saying: "And the multitude of believers had but one heart and ~ne soul; neither did anyone say that aught of the things which he possessed was his own." The par-ents or brothers of a membe; of the community, therefore, if they live piously should be treated by all the brethren as fathers or other relatives possessed in common: "For whosoever shall do the will of my Fathe~ that is in Heaven, he is my brother and sister and mother," says the Lord. In our opinion, moveover, the care of these persons would devolve upon the superiOr of the community.so + + + Thomas Barrosse, C.S.C. REVIEWFOR RELIGIOUS We may find this position somewhat extreme by our standards. The basic understanding of celibacy is what makes the text important to us at the moment, and that basic understanding is clear: the. foregoing of family re-lationships is .the means to effect a more perfect com-munity of life with a larger number of fervent Ghristians. Obedience is more difficult. The anchorite placed him-self under a master or teacher to be trained in overcoming self-will but especially to be educated to the ascetical life. Obedience was an asceticism or a disciple-master re-lationship. The' arrangement was voluntary. The leader-ship of communities was Charismatic: Pachomius' virtue explains the following he had, and after his death his community almost disintegrated more than once until his disciples could agree that the successor was equipped to guide them as Pachomius had been. For Basil, the role of the superior (or the superiors--since there can be several in one "brotherhood"---qq. 26 f.) is to direct and guide the individual "in everything." So too in Augustine (Letter 211). The superior, in short, appears as a sort of rnagister. 'Before thee introduction of stability, the monk could move to another community if he was not satisfied with the gu, idance he was given. When the community became fixed and the superior-ship more institutional, the situation changed somewhat. It~must be admitted that superiors were elected--presum-ably for their leadership qualities. But if the choice was limited to members of the community or other considera-tions Anfluenced the voting, obedience might possibly place a monk under a poor master, and remaining in-definitely under his authority would then be nothing more than ~an indefinitely prolonged asceticism. But perhaps we have missed an important aspect of the superior's role more implied than explicitly stated in our sources--that is, the position of the superior as the center of unity for the community. From the end of the very first Christian century we have a heavy emphasis on the head of the local Christian community, the bishop, as the foctts of the Church's unity, This seems to be the so Question 32, translated by Wagner in St. Basil, Ascetical Wor. ks, p. 295. meaning of Ignatius of Antioch's axiom: "Where the bishop is, there is the church." 81 We must reflect for a moment on this third and perhaps principal dimension of authority as a necessity for any and all community and of obedience as being first and directly the insertion of oneself into a community---or gift of oneself to a communitywand only secondarily and consequently the placing of oneself under a su-perior's authority. The extent of any superior's au-thority is determined by the nature of the community in which it is exercised. If the authority of superiors is so extensive in religious life, it is precisely because the gift we make of ourselves to the community is so extensive: we undertake the sharing of practically the whole of our lives with others--prayer, work, responsibilities, material goods, and so forth. How the authority is exercised--for example, by frequent peremptory commands or by dis-cussions in which a superior usually agrees with the con-sensus reached--is quite incidental to this aspect of re-ligious obedience (though it is less so, of course, to obedience as an asceticism). It might be pointed out parenthetically, however, that the way in which the highest (episcopal) authority was actually exercised in the patristic Church and the way Basil and Benedict speak of superiors exercising their attthority suggests a procedure closer to the second than to the first of these two extremes,a2 Looking ttpon obedience as being sub-stantially the gift of oneself to a community means look-ing upon it in a very ancient and traditional way and perceiving it as an influence over the individual religious in his whole community life, even when the superior actually intervenes only rarely. We have been all too brief in our consideration of poverty, celibacy, and obedience. But perhaps we have 21 See V. Corwin, St. Ignatius and Christianity in Antioch (New Haven: Yale, 1960), pp. 80-7, 192-8, 214, and 256-7. Ignatius phrases it slightly differently in his letter to the Smyrneans 8, 2. Why else is nothing to be done "apart from" the bishop and only that Eu-charist is to be considered valid over which he presides or someone named by him (Ad Smyrn. 8, 1)? He is certainly not thinking of a "power of orders" to confect sacraments or of a "power of jurisdic-tion" if we are to judge from the main thrust of his arguments. There is no church apart from the bishop because he is its "center of unity," to use the phrase Vatican II applies to him in its Decree on the Missionary Activity o~ the Church, n. 30 (just after urging all missionary workers to have but one heart and one soul in accord with Acts 4:32). Interestingly, the Rule of Taiz~ (Taiz~: Presses de Taiz~, 1965), p. 55, opens its treatment of the prior (which is its treatment of obedience) with a brief paragraph on the need for nnity; then it explains: "The prior focuses the u6ity of the commu-nity." ~See Y. Congar, "The Hierarchy as Service," in his Power and Poverty. in the Church (London: Chapman, 1964), pp. 15-79, espe-cially from p. 40 on. + ÷ ÷ Religi~s Community 98-3 ÷ ÷ ÷ Thomas Ba~rosse, C.~.C. REVIEW FOR RELIGIOUS 984 spent enough time on them to show that all the essential elements of canonical "religious life as we know it in the Church today can be conceived of just as the cenobitic life as a whole was at its origins: as part of the attempt to create an ideal Christian community on the model of that idyllic picture of the primitive Apostolic Church which St. Luke presents in the opening chapters of Acts. That the apostolates of the active communities can be fitted into this picture too should be clear from what we have seen of the openness to the needs of the Church of their times exhibited by the Basilian, Augustinian, and Benedictine communities. To show that this concept has not been lost between the origins and our own day, let us conclude with two texts. The Pontificale Romanum, dating substantially from the Middle Ages, contains a ceremony for the profession of an abbot--to be used before he is blessed in case a novice or someone not a member of the order in question should be elected. At the end of the Ceremony, the pre-siding bishop gives a short explanation of what he has done in accepting the profession: Although all of us through th~ grace of baptism are brothers in Christ and have one Father in heaven if, to the best of our ability, we do what he commands, without any doubt we are most closely united when we join ourselves to one another in ~common] prayer and mutual service just as we read the holy tathers in the primitive Church, who had but one heart anal one soul, did. Many of them, their hearts inflamed with the love of Christ, sold their posSessions and material belongings, gathered the proceeds together, and brought them in joy (o t~e Apostles. The Apostles took these proceeds and distributed them to all in accord with the needs of each. So it is that this man [newly professed], under God's inspiration and encouraged by their example, desires to be joined to the community of the religious of [this order]. We grant him
Issue 19.3 of the Review for Religious, 1960. ; Councils in Lay Institutes Joseph F. Gallen, S.J. THE LAW of the code and especially that of the constitutions confers an important role on the councils in religious institutes. Almost all constitutions describe thoroughly the duties of tho general council but are unsatisfactory in their treatment ~f the provincial and local councils. This article is an effort to explain simultaneously"th~ principles that govern all councils in lay in-stitutes. The more common name for this office in such institutes is councilor; but many others are found, e.g., assistants, discreets, and consultors. 1. Necessity of councilors (c. 516, § 1). This canon obliges-all superiors general, presidents of federations and confederations, provincial and local superiors at least of formal houses to have councilors. A formal house in a lay institute is one in which at least six professed religious reside (c. 488, 5°). The canon recom-mends that superiors also of smaller houses have councilors. From analogy of law and the enactment of the particular constitutions, superiors of vice-provinces, quasi-provinces, regions, vicariates, missions, and districts should also have councilors.~ The canon does not specify the number of the councilors. From the practice of the Holy See in approving constitutions, there are four general councilors, although a few lay congregations have a greater numberi four or two provincial councilors; two councilors in a formal house, but a few congregations have a larger number; and more frequently one councilor in a smaller house. Monasteries of nuns ordinarily have four councilors. Federations and confederations of nuns have four or six councilors, and regions within such a confederation have two. ~ 2. Manner of designation and requisite qualities of councilors. The general councilors of a congregation and the councilors of a con-federation, federation, region, or monastery of nuns are elected in the respective chapters. The provincial councilors of a congregation are appointed by the superior general with the consent of his council, but in a small number of congregations they are elected in the provincial chapter. Local councilors are appointed by the ILarraona, Commentarium Pro Religiosis, 9 (1928), 418. 129 JOSEPH F. GALLEN Review for Religious superior general or, if the institute is divided into provinces, ordin-arily by the provincial, with the consent of the respective council. The constitutions sometimes enact that this provincial appoint-ment is to be confirmed by the superior general with the delibera-tive vote of his council. The quality universally demanded by constitutions for all ex-cept local councilors is that they be professed of perpetual vows. The age usually required for general councilors of a congregation and those of a confederation, federation, or region of nuns is thirty-five complete years; thirty years is the more frequent norm in monasteries of nuns; and thirty or thirty-five years are often prescribed for provincial councilors. The constitutions rarely enact a determined age for local councilors, and very many do not affirm that perpetual vows are necessary. A few make it clear that perpetual profession is not an absolute requisite by stating that the local councilors are, if possible, to be professed of perpetual vows or that such vows are required at least for the first local councilor. It is incongruous that a religious still in the state of probation and formation should be the councilor of a house. 3. Residence. According to the practice of the Holy See in approving constitutions, all the general councilors should reside with the superior general; but two of them, with the exception of the as-sistant general, may live elsewhere for a just reason, e. g., because of their other work. These must be stationed in houses from which they can .be readily summoned and can attend the meetings. The evident purpose of the practice is that the superior general may have no difficulty in consulting his councilors. Many constitutions contain no prescriptions on the residence of the provincial counci- .lots. At least the assistant provincial and the provincial secretary should reside with the provincial. Some constitutions have the same practice for a provincial council of four members as that described above for the general council. If there are only two provincial councilors, the constitutions frequently state that both or at least one of the councilors must reside with the provincial. The councilors of a confederation, federation, or region of nuns reside in their respective monasteries. 4. Incompatible duties. The general principle of the practice of the Holy See forbids a general councilor to be assigned any employment that would prevent the proper fulfillment of the duties of a coun-cilor. The present practice forbids in particular merely that the first general counc.il0r be bursar or secretary general. The former practice forbade any general councilor to be bursar general, and 130 May, 1960 COUNCILS IN LAY INSTITUTES the Normae of 1901 extended the prohibition to the master of novices (nn. 285, 300). Some constitut!ops~ ~ave the same pro-hibition with regard to the offices of provincial or local superior, any bursar, local councilor, and master of junior professed. A provincial will rarely in fact be a general councilor; but, outside of the case of the assistant general, it is difficult to see how the offices listed above are necessarily incompatible with that of general councilor. A general councilor is very frequently the local superior of the generalate. The judgment of the incompatibility is to be made on facts, i. e., the amount of work in each of the offices and the ease or difficulty with which the other office would permit the religions to be summoned and to attend the ordinary and extraordinary sessions of the general council. Few constitutions mention incompatible duties with regard to the provincial coun- .cilors, but some forbid the uniting of this office with that of pro-vincial bursar or master of novices. 5. Nature of a council (c. 516, § 1). In the constitutions of pontifical lay congregations, the general council is nsually stated to consist of the superior general and the four general councilors. Other parts of the same constitutions repeat frequently that particular matters requirethe consent or advice of the general council. All such expressions are ambiguons. The superior alone governs the con-gregation, province, or house; the councilors as such have no authority. Canon 516, § 1, makes it clear that a councilor is only an adviser of a superior, not an associate in authority. The superior votes in a council but he is not a member of the council; he is the superior, or sole possessor of authority, who has councilors or advisers. In a general chapter the authority is that of the collective body; the chapter itself and as such possesses the authority. All the members of this chapter are on the same level; all are co-possessors of the same authority and co-authors of the enactments of the chapter. Not the presiding superior general, but the general chapter places an act. A council is not a governing body; it possesses no collective authority. The councilors are not co-authors of an act. It is not the council but the superior who places an act, with the consent or advice of his council. It is possible for a particular canon or law of the constitutions to prescribe that the council is to act in the same manner as the general chapter. This mnst be certainly proved, since the contrary is the general principle of canon law. The only canon of this type that can affect lay religions is canon 650, which treats of the dismis-sal of a male religions of perpetual vows. If the majority of the 131 JOSEPH F. CrALLEN Review for Religious council vote for dismissal, it is probable that the superior general must issue the decree of dismissal in a pontifical congregation or forward the matter to the local ordinary in the case of a diocesan congregation. Therefore, the act in this case would be of the general council, not of the superior general. However, this sense is only probable; and it is at least equally probable that the wording of the canon is merely another way of expressing the deliberative vote of the council. Consequently, since it is not certain that canon 650 is an exception, this case also would in fact be handled in the same way as that described above (cf. also n. 16). These same principles apply not only to the councils but also to chapters of monasteries of nuns in the cases for which law demands that the superioress secure the consent or advice of the chapter (cc. 534, § 1; 543; 575, § 2; 646, § 2).2 6. Duties of councilors (c. 516, § 1). The primary duty of the councilors is to cast a deliberative or consultive vote when these are demanded by canon law or the constitutions. When asked to do so by the superior, they are to express their opinions with all freedom, courage, respect, sincerity, and truth (c. 105, 3°). They are likewise to bring to the attention of the superior whatever they sincerely consider to be to the good or detriment of the institute, province, or house. The superior, not the councilors, decides the matters that are to be treated in the council, as is clear from the principle stated in number 5. Councils were introduced to prevent what could degenerate into arbitrary government on the part of the superior. An equally evident purpose was to satisfy the need that all, and perhaps especially those in authority, have of securing advice and obtaining information. In an age that emphasizes ren-ovation and adaptation, the councilors should also be the principal source of progressive ideas to the superior. 7. Obligation of secrecy. According to the practice of the Holy See, an article of the constitutions states that the general councilors must observe secrecy concerning all matters confided to them as councilors in or outside the sessions.3 Another article is usually included that extends this same obligation to all others who have attended any session of the general council. A secret is the know-ledge of something that at least ordinarily should not be revealed. ~Cf. Vromant, D~ Bonis Ecclesiae Temporalibus, n. 39; Vermeersch, Per-iodica, 15 (1927), (61)-(63); Goyeneche, Quaestiones Canonicae, I, 183-89; Michiels, Principia Generalia de Personis in Ecclesia, 494-95; Larraona, Commentariurn Pro Religiosis, 6 (1925), 429-30; Bender, Norrnae Generales de Personis, nn. 376-77,1; Jone, Comrnentarium in Codicem Juris Canonici, I, 121. ~Normae of 1901, n. 280. 132 May, 1960 COUNCIL~ IN LAY INSTITUTES A natural secret arises from the very matter of such knowledge, since its revelation would cause injury or at least sorrow and displeasure to another. A promised secret has its source in a prom-ise, made after the matter was known, not to reveal the matter, whether or not this matter of itself demands secrecy. The confided or entrusted .secret arises from an agreement, given and accepted before any disclosure, that the matter will not be revealed. The agreement may be explicit or implicit. The latter is true of all who possess a confidential office, e. g., doctors, lawyers, priests consulted outside of confession on things appertaining to their ministry, religious superiors, novice masters, councilors, etc. There are degrees in the confided secret. The lowest is the revelation made to a private individual from mere friendship. The next is the revelation to a private individual to secure counsel. The third and highest is the official secret, i. e., a revelation made to a person possessing a confidential office, such as those listed above, and made to him because of this office or learned in the practice of the office. Matters confided to all councilors thus constitute official secrets and are often also natural secrets. Even the official secret may be revealed to prevent a serious injury to the institute, province, or house, or to any individual. The councilors may also reveal such matters to a prudent and learned or experienced person for the purpose of consultation, e. g., to a confessor, a priest skilled in a subject such as canon law or moral theology, or to another prudent and experienced religious. In seeking counsel, the identity of the person concerned is always to be concealed as far as possible. Even if the matter becomes public, the councilors may not reveal what occurred in the council with regard to it, e. g., the opinions or votes given by individual councilors. They are to acquiesce, at least externally, in the judgment of the majority and in the action taken by the superior. This is necessary for the efficient functioning of the council and for effective and peaceful govern-ment. They are not to imply or hint to others that they disagreed with a decision made in council. This is a shirking of the responsi-bilities of an office. The article inserted in constitutions by the Holy See adds that a general councilor who violates this obligation of secrecy is to be seriously admonished by the superior general. If he does this repeatedly, he is to be given a severe admonition and a penance. A violation of secrecy is not in itself a sufficient reason for de-position from office; but, if the violations are very serious, flagrant, a source of lack of confidence, discord, or scandal in the corn- 133 JOSEPH F. GALLEN Review for Religious munity, the councilor may be deposed from his office.4 These principles apply to all other councilors. Canon 105, 2°, empowers the superior, if he believes this prudent and demanded by the sbriousness of the matter, to oblige the councilors to take an oath to preserve secrecy on a particular matter. ~. Frequency of sessions. The almost universal practice of the Sacred Congregation in approving constitutions is that an or.dinary session of the general council is to be held every month. The article adds that more frequent sessions are to be convoked when necessary. A very small number of constitutions prescribe less frequent meetings, e. g., every two or three months. It is very difficult to reconcile such infrequent sessions with the obligation of having all the councilors reside in the motherhouse and with the insistence that they be free of all duties incompatible with the office of general councilor. An ordinary session every month is decidedly the pref-erable norm. An extraordinary session should be called by the superior general for any matter of greater moment. He should consult his councilors frequently, since the practice of the Sacred Congregation places marked emphasis on the office of councilor. These principles are true of all other councils. A monthly ordinary session is also the usual norm for the councils of provinces, houses, and monasteries of nuns. 9. Convocation of the council (c. 105, 2°). When either the delibera-tive or consultive vote is required by canon law or the constitutions, canon 105, 2°, commands the superior to convoke ~11 the councilors who can be present.5 He must therefore, sufficiently ahead of time, inform all the councilors of the place, day, and hour of the session. A convocation is not obligatory when the constitutions or customs determine the place, day, and hour of the meetings. Obviously all other sessions that the superior institutes on his own authority must also be convoked. The secretary may and often in fact does convoke the council at the order of the superior. The councilors should at the same time be given a list of the important matters to be discussed, so that they may properly prepare for the meeting. Unprepared sessions are usually both unsatisfactory and unduly prolonged. 10. Number of councilors required. (a) By the code (c. 163). By the code, a superior has the right to act when at least one councilor is present after all have been properly convoked (c. 163). The 4Cf. Vermeersch, De Religiosis, II, n. 121; Battandier, Guide Canonique, n. 466; Bastien, Directoire Canonique, n. 324. sCf. Vromant, op. cir., n. 40; Jone, op. cir., 120; Michiels, op. cir., 530. 134 May, 1960 COUNCIL~ IN LAY INSTITUTES superior may not act when he alone is present, since there would then be no consent or advice of the council. Therefore, if the constitutions do not demand the presence of a definite number for a session of the council, the superior may act validly and licitly when only he and another councilor are present, The same is true when the president of a session is the assistant or vicar in virtue of a provision of the co~.~titutions or delegation from the superior. It is clear that a session should ordinarily be postponed when only one of four councilors is present. According to the law of the code, the superior has no obligation to substitute other religious for absent councilors. It is not certain: that he may do so licitly or even validly, since the rights of the council devolve after convocation on those~ who are present and these are to be considered juridically as a full council.~ However, because the code does not expressly nor certainly forbid substitu-tion, it is probable that the superior may summon such substitutes. 7 He may use an analogous norm from the code (c. 655, § 1) and select the substitutes with the consent of his council; or he may follow one of the norms of substitution admitted in the practice of the Holy See, explained in (c) below, e. g., by taking the local superior as the first substitute and then, with the consent of his council, selecting the other substitutes from the professed of perpetual vows of the house in which the session is held. (b) By the general law of constitutions. The constitutions of lay congregations very frequently demand the presence of the superior general and two councilors for any session of the general council, and a few require a unanimous vote when only this number is present. Other specifications are also found, e. g., two-thirds of the general council, and three general councilors. The Normae of 1901 (n. 273) seem to suppose that the superior general and at least two councilors are present at any session. These constitutions do not demand that the absent councilors be replaced by substi-tutes, i. e., outside of the matters listed in the following paragraph; and substitution is accordingly regulated by the norms given above. It is not the practice to summon substitutes in such cases. (c) By the law of the constitutions [or appointments and other de-termined matters. Most constitutions of lay congregations, following the Norrnae of 1901 (n. 273), require a full general council for ap- ~Cf. Can. 163; 165; Goyeneche, De Religiosis, 47-48; Quaestiones Can-onicae, I, 26-27; Bastien, op. cir., n. 327; Schaefer, De tteligiosis, n. 586; Pejska, Ius Canonicum Religiosorum, 233. 7Cf. Coronata, Institutiones Iuris Canonici, I, 658, note 3. 135 JOSEPH F. GALLEN Review for Religious pointments to offices. A small number extend this to other matters, e. g., admission to the noviceship and first and fihal profession, dismissal of professed religious, matters that require recourse to the Holy See or the local ordinary, and even for all matters that demand a deliberative vote. Full membership is required in such constitu-tions for the liceity, not for the validity, of the superior's action. If all the members of the council are not present, the ap-pointment, if possible, should be postponed. If it cannot be deferred, the substitutes prescribed by the constitutions are to be summoned. The most common norm of substitution is that the local superior is to be called and, if a second substitute is necessary, the superior general, with the consent of the councilors present, is to choose him from the professed of perpetual vows of the house where the session is being held. If the local superior is already a general councilor or cannot attend, a religious of perpetual vows is to be chosen in this same way as first substitute. Many other norms of substitution have been admitted by the Holy See. For example, the second sub-stitute need not be of the house where the session is held; the first substitute is the secretary general, or the secretary or bursar general; the superior general, with the consent of the councilors present, chooses as substitutes religious professed for at least ten years; one or two professed of perpetual vows; and, finally, a pro-fessed of perpetual vows, preferably the bursar general. It is pos-sible to find constitutions that demand a full council for determined matters but do not provide any norm of substitution. In such cases the superior is to summon substitutes according to one of the norms given above (c. 20). Constitutions rarely mention the necessity of the presence of a minimum number of provincial councilors, of a full council for determined matters, or give norms of substitution for this council. Such provisions, when found, follow those described above for the general council. (d) Non-councilors" attending sessions. The constitutions usually state, at least of the superior general, that he may summon religious who are not councilors to sessions of the council to give information or advice but that he is forbidden to grant a vote to anyone who is not a councilor. Any superior has this same right. Those most likely to be called are the bursars, masters of novices and of junior professed, and supervisors of schools, hospitals, and studies. It is evident that no one has a right to vote in a council or to act as a councilor unless he is such by election, appointment, or by a provision of law. Some constitutions contain the strange provision that persons summoned as above "have only a con- 136 COUNCILS IN LAY INSTITUTES sultive vote." The same is more frequently said of the secretary general, e. g., "If the secretdr~y general'is,not a councilor, he has only a consultive vote." All such persons give information or advice only when requested and merely to help the superior and the councilors to form their opinions, and this may be the sense of the constitutions in question. They do not vote nor act as councilors; this appertains only to the superior and the councilors. Further-more, a secretary of a council is not by that fact a councilor nor should he act as such. He is in the same position as any non-councilor who is summoned to a session. Therefore, he has no right to give an opinion in a council unless this is at least implicitly requested by the superior. 11. Common deliberation (c. 105, 2°). The proper and primary canon on the obligatory consent or advice of a council or chapter is canon 105. The literal translation of this canon is that the coun-cilors or capitulars "are to be legitimately convoked and to manifest their opinions" (c. 105, 2°). The evident translation of the sense of this clause is that "they are to be legitimately convoked and to manifest their opinions in a common deliberation." The canon thus commands absolutely that the councilors or capitulars are to express their opinion in a common deliberation. It is therefore difficult to understand the reason for the statements of some authors that canon 105 does not forbid a councilor to vote through a proxy or by letter or that these are forbidden only for a canonical election (c. 163). From the wording of canon 105, 2°, it is illicit, but not certainly invalid, for a superior to secure an obligatory consent or advice outside of a common deliberation, e. g., through a proxy, by letter, or by interrogating the councilors or capitulars individually and separately and securing in this way their oral consent or advice. 8 The obligation of a common deliberation ceases and the consent or advice may be requested separately when the matter is urgent and a common deliberation is impossible or at-tainable only with unusual difficulty. It is possible for an institute to have a privilege from the Holy See permitting an obligatory vote to be asked separately, 8Vromant, op. cit., n. 40; Vermeersch-Creusen, Epitome Iuris Canonici, I, n. 229; Wernz-Vidal, Ius Canonicum, II, De Personis, n. 33; III, De Religiosis, n. 155; Coronata, op. cir., n. 154; Ojetti, Comfnenta}'ium in Codicem Iuris Canonici, II, 182-83; Fanfani, De Religiosis, n. 66; De Carlo, Jus Religiosorum, 82; Goyeneche, Quaestiones Canonicae, I, 180-82; Cappello, Summa Iuris Canonici, I, n. 201,'4; Pejska, op. cir., 233; Bender, op. cir., n. 417; Bergh, Revue des Cdmmunautds Religieuses, 20 (1948), 78; Chelodi-Ciprotti, Ius Canonicum de Personis, n. 102; Brys, Juris Canonici Compendium, I, n. 296, 2; Sipos, Enchiridion Iuris Canonici, 82. 137 JOSEPH F. GALLEN Review for Religious e. g., by letter. Several authors maintain that the particular law or custom of an institute may permit separate voting.9 The opinion of these authors may be followed, even though it is not easy to perceive the foundation for the opinion. Canon 105, 2°, does not contain a clause permitting the continuance of contrary laws or customs, and it is difficult to see how a contrary immemorial custom or one of a century's duration could not-be prudently removed in this matter (cc. 5-6). The attempt to prove the same doctrine by recurring to canon 101, § 1, 1°, is equally obscure. It is true that this canon explicitly permits particular law to prevail over the common law, but it is a canon that only secondarily and analogously applies to an obligatory consent or advice of a council or chapter. The primary and proper canon is canon 105, 2°, which demands a common deliberation absolutely. The value of the com-mon deliberation is that the reasons and facts adduced by some will clarify the issue in the minds of all. A common deliberation also lessens the difficulty in proposing an opinion Contrary to that of the superior. The superior proposes the matters for discussion. He should give an objective description and explanation of each case, without revealing his own opinion. He then asks the opinions of each of the councilors. It is sometimes enjoined by the constitutions and is often customary for the last in precedence to speak first. The superior is to strive to secure a sincere and complete expression of opinion from all the councilors. Canon 105, 3°, obliges the councilors to express their opinions respectfully, sincerely, and truthfully. The superior should take care lest any more aggressive and vocal members dominate the council. These are not necessarily the most able or prudent. The councilors are to consider all matters objectively; they are not to be motivated by partisanship, faction-alism, anger, pride, stubbornness, or blind adherence to their own opinions. The councilors have full liberty to express their opinions. Their norm is the objective merits or demerits of the question, not what the superior wants. To assure this liberty, it is better for the superior to give his opinion last. The superior must be careful lest his attitude intimidate or discourage the councilors from a sincere expression of opinion. He may never consider the council as a mere "rubber stamp" for his own ideas. ~Maroto, Institutiones Iuris Canonici, I, 556, note 1; Michiels, op. cir., 530; Jone, op. cir., 120; Schaefer, op. cir., n. 582; Cocchi, Commentarium in Codicern Juris Canonici, II, 44; Geser, Canon Law Governing Communities of Sisters, n. 395. 138 ~VIay, 1960 COUNCILS IN LAY INSTITUTES The amount of time given to each matter will evidently vary with its importance and the :ease or difficulty in reaching a decision. The superior determines the duration and the number of times each councilor is to speak. Some constitutions state that an interval is to be allowed, at least on the petition of the majority of~the council, between the session in which a matter is proposed and that in which it is to be decided, unless the matter is urgent. This will o~dinarily occur only in important matters, but it is a norm that prudence itself will frequently demand or counsel. Some constitutions specify the interval as of one day or more, three or more; and three or eight days. 12. Manner of voting. Canon 105 does not impose any determined manner of voting, i. e~, orally, in writing, publicly, or secretly. The code requires a secret deliberative vote for alienations and the contracting of debts and obligations (c. 534, § 1) and for the dismissal of professed of temporary vows in pontifical congregations of men or women (c. 647, § 1). Very few constitutions of lay institutes contain any provision on the manner of voting, even though the Normae of 1901 stated that the deliberative vote was to be secret (n. 273). The varying provisions on the necessity of a secret vote in constitutions are: for all matters; whenever the deliberative vote is required; only for appointments; councilors may request it for an important matter; and when demanded by canon law, the constitutions, or requested by two councilors. The preferable norm is a secret vote whenever the deliberative vote is required. A secret vote is ordinarily taken by means of black and white beads or beans or in some similar manner. 13. Necessity of voting. Whenever the deliberative vote is required, the councilors are actually to vote; and the result of the voting is to be announced to the council. Otherwise the superior could not be certain that he had the consent of his council. The superior also votes. Actual voting may be done but is not necessary when only the advice or consultive vote is demanded. The superior is not obliged to follow even a unanimous consultive vote and he can reach his decision merely from the opinions proposed by the councilorS.1° 14. Number of votes required (c. 101, § 1, 1°). Unless the constitu-ti0ns specify a different norm, the votes are computed according to canon 101, § 1, 1°, i. e.~ a matter is settled by an absolute ~°De Carlo, op. cir., 82. On the fact that the superior also votes, cf. Bastien, op. cir., n. 326; Battandier, op. cit., n. 453; Lanslots, Handbook of Canon Law, n. 394. 139 JOSEPH F. GALLEN Review for Religious majority, which is any number thdt exceeds half the valid votes cast. The constitutions do not contain, either for affairs or ap-pointments, the norm of canon 101, § 1, 1°, that a relative majority suffices on the third balloting. In appointments one person is voted for at a time; and all affairs are so proposed that they can be voted on affirmatively or negatively. Since the superior and the councilors ordinarily constitute an uneven number, a tie is scarcely possible unless one of the members is absent. Canon 101, § 1, 1°, commands a superior to break a tie after the third balloting, and this norm is to be observed when the constitutions are silent on this matter or do not contain a different norm for breaking a tie. In the former practice of the Holy See in approving constitutions, The superior was given the right or was commanded to break a tie after the first balloting. The recent practice gives this right or imposes the obligation only after the third balloting. In breaking a tie, the superior merely declares which side he favors; and he is not obliged to break the tie in favor of the side for which he had already voted. If the constitutions command the superior t~o break a tie after the first or third balloting, he must do so. He is not permitted to put the matter to another vote. The constitutions almost universally demand a full council for appointments and deny the superior the right of breaking a tie in this matter. In this case, a tie proves that the person concerned has not secured the vote of the council. 15. Appointments to office. The council should have a list of those qualified for office. This list is to be renewed at fixed intervals, e. g., every two or three years. Such a method will expedite the selection of superiors and officials and will also help to prevent the constant appointment of the same religions as superiors. In making a par-ticular appointment, the superior proposes the names for discussion. He decides when the discussion is sufficient and then proposes the names individually for voting. 16. Deliberative and consult~ve vote (c. 105, 1°). (a) Deliberative vote. There is no ambiguity in the expression of this vote. It is required whenever the code or the constitutions demand the consent, de-cisive or deliberative vote of the council. The necessity of the vote is also perfectly clear from canon 105, 1°, i. e., a superior acts invalidly when he acts without or contrary to the majority vote in any matter for which the deliberative vote is required. The 140 May, 1960 COUNCILS IN ~.~AY INSTITUTES consent of the council is a necessary positive element for the validity of the act of the superior.~1 Two important distinctions are to be kept in mind. Let us take as an example the erection of a new house, for which the con-stitutions require the deliberative vote of the general council. The superior general is not obliged to propose or to admit the proposal of this matter, since it appertains to the superior to determine whether a particular matter is to be submitted to the council. If he does propose it, the superior general must have the consent of his council validly to erect the house. If he secures this consent, he may erect the house; but he is not obliged to do so. He may abstain from such an action. The law commands him to have the consent of his council to erect the house; it does not oblige him to act according to the consent of the council.12 The second distinction is that canon 105, 1°, commands consent for the validity of an action of a superior when the consent is that of an inferior or inferiors, not when the law commands the consent of a higher authority, e. g., of a higher superior, the local ordinary, or the Holy See. The consent of a higher authority is required for validity only when this is expressly stated in the law in question; otherwise it is demanded only for the liceity of the superior's act.13 (b) Consultive vote. Consultive vote means that the superior is to listen to the opinions of his council. It is clearly stated in the following expressions: with the consultive vote, or with the advice, of the council; having consulted or heard the council; and according to the counsel or advice of the council. The expressions "with the council" and "with the vote of the council" are ambiguous but are to be interpreted in themselves as demanding only a consultive vote. Since the necessity of a vote is restrictive of the rights of a superior, it is to be interpreted strictly. Therefore, if it is doubtful whether any vote is necessary, no vote is necessary; if it is doubtful whether the vote imposed is deliberative or consultive, it is only consultive (c. 19). In constitutions it is preferable to use uniformly ~Can. 1680, § 1; Vromant, op. cir., n. 45; Michiels, op. cir., 504; Larraona, op. cir., 9 (1928), 422; Naz, Traitd de Droit Canonique, I, n. 367. Cf. De Ritibus Orientalibus de Personis, can. 35, § 1, 1°. 1~Michiels, op. cit., 500; Goyeneche, De Religiosis, 47; Quaestiones Can-onicae, I, 185; Jone, op. cit., 118-19; Larraona, op. cit., 9 (1928), 422, note 686; 424; Bender, op. cir., n. 377, 1; Berutti, De Personis, 58; Abbo-Hannan, The Sacred Canons, I, 153; Beste, Introductio in Codicem, 167. ~aMichiels, op. cir., 495; Berutti, op. cir., 56; Jone, op. cir., 118; Bender, op. cir., n. 377, 2; Regatfllo, Institutiones Iuris Canonici, I, n. 206; Scho.enegger, Periodica, 31 (1942), 120~21. 141 JOSEPH F. GALLEN Review for Religious the expressions "with the consent" and "with the advice." Both are clear and brief. 1° An act placed without consultation, i. e., the act requires the advice of a council and the superior does not even request this advice. Such an act of a superior is almost certainly invalid from the wording of canon 105, 1°;~4 but it is still solidly probable that the act is merely illicit, not invalid, until the Holy See has author-itatively decreed otherwise. Therefore, a superior acts validly but illicitly if he acts without seeking the advice of his council when this is required by law. The previous consultation is required for validity whenever a determined law demands the consultation under the expressed sanction of invalidity. This is true of some canons, e. g., 2152, § 1; 2153, §.1; 2159; but no such canon is found in the section on religious. The same sanction is possible but in fact is not imposed by the law of the constitutions of lay institutes. 2° No obligation to follow the consultive vote. The code does not oblige a superior to follow even the unanimous consultive vote of his council; but it is recommended and he is counselled ordinarily to do so, i. e., he is to consider seriously and should not depart from a unanimous vote unless he has a reason that prevails over the vote. The superior is the judge of the existence and weight of such a prevailing reason. It is evident that a superior is always to give due consideration to the advice of his council, especially but not only when it is unanimous; otherwise the office of a councilor and the obligation of seeking advice in such matters would be mere formalities. 17. Matters that require the deliberative or consultive vote. The con-stitutions contain an article that lists what are called the more important cases in which the deliberative vote of the general council is necessary. This article is usually unsatisfactory. It does not list all nor the more important or practical cases of such a vote. The constitutions most rarely include a list of the matters that demand the consultive vote. The list below is based on the present practice of the Holy See and is intended to be complete. This prac-tice is not invariable. In different approved constitutions, the same matter sometimes demands a deliberative vote, a consultive vote, or no vote at all. The list therefore will not be in complete agree-ment with all constitutions, even if they have been recently ap-proved by the Holy See. Some of the matters listed below demand 14Cf. De Ritibus Orientalibus de Personis, can. 35, § 1, 2°. 142 May, 1960 COUNCILS IN LAY INSTITUTES the deliberative or consultive vote from. the law of the code, but in most cases the vote is imposed only by the law of the constitu-tions. It would unnecessarily complicate the question to include this distinction in the list. Some also require recourse to the Holy See or the local ordinary, but this is stated in the chapter of the constitutions that treats of the particular maiter. (a) The superior general must have the deliberative vote of his council in the following cases. 1° The condonation in whole or in part of the dowry of those having degrees or compensating abilities, if such a faculty is contained in the constitutions. 2° The investment of the dowry. 3° Dispensation from an entrance impediment of the constitu-tions. 4° Admission to the noviceship and first profession. 5° The establishment or transfer of a novitiate. 6° The dismissal of a professed of temporary or perpetual vows and the sending of a professed religious immediately back to secular life. 7° The convocation of an extraordinary general chapter for reasons other than those specified in the constitutions, the designation of the place of a general chapter, and the forma-tion of groups of smaller houses for the election of delegates to the general chapter. ' 8° The transfer of the permanent residence of the superior general or provincial. 9° To give a formal precept of obedience to an entire house, province, or to the entire congregation. 10° To appoint a. visitor for the entire congregation or an entire province, at least if the visitor is not a member of the general council. 11° The choice of a substitute for an absent general councilor. 120 The acceptance of the resignation, removal, and deposition of a general councilor, secretary general, bursar general, procurator general, and the appointment of a si~ccessor in these cases. 130 The appointment, transfer, and removal of provincial, regional, and local superiors, their councilors, secretaries, and bursars, of a master or assistant master of novices, the master of the junior professed, instructor of tertians, supervisors of schools and studies, principals of schools, and administrators of hospitals. 143 JOSEPH F. GALLEN Review for Religious 14° Approval of the accounts of the bursar general. 15° The imposition of an extraordinary tax, the alienation of property, contracting of debts and obligations, the making of contracts in the name of the congregation, extraordinary expenses, and other matters of a financial nature according to the norms of canon law and the ordinances of the general chapter. 16° The erection of new provinces; the union, modification, or suppression of existing provinces; the formation, change, and suppression of regions; and the erection and suppression of houses. 17° All matters for which recourse to the Holy See is necessary. 18° All matters remitted to the deliberative vote by the general chapter. (b) The superior general requires the Consultive vote of his council in the following cases. 1° The dismissal of novices. 2° The prolongation of the noviceship and temporary profession. 3° Admission to renewal of temporary profession, to perpetual profession, and exclusion from the renewal of temporary profession or from perpetual profession. 4° The declaration of fact for the automatic dismissal of a pro-fessed religious. 5° Approval of the quinquennial report to the Holy See. 6° Approval of the reports of the superior general to the general chapter. 7° To give a practical interpretation of a doubtful point of the constitutions. 8° All matters remitted to the consultive vote by the general chapter. There is very little in many constitutions on the part of the provincial superior and his council in the acts listed below. There is even more variety in the constitutions that do treat this matter. The admission to the noviceship and professions, the dismissal of novices, the appointment of local superiors, local councilors and bursars, and of the master and assistant master of novices are often made by the provincial with the consent of his council but require the consent or especially the confirmation, ratification, approbation, or approval of the superior general with the deliberative vote of his council. (c) The provincial superior requires no vote of his council for admission to, prolongation of, or dismissal from the postulancy. 144 .May, 1960 COUNCILS IN LAY INSTITUTES (d) The provincial must have the deliberative vote of his council: For the following acts: 1° Investment of the dowry. 2° Admission to the noviceship. 3° To send a professed religious immediately back to secular life. 4° The designation of the place of the provincial chapter and the formation of the groups of smaller houses for the election of delegates to this chapter. 5° To give a formal precept of obedience to an entire house. 6° To appoint a visitor for the entire province, at least if the visitor is not a provincial councilor. 7° The appointment of local councilors and bursars, principals of schools, and administrators of hospitals. 8° Approval of the accounts of the provincial bursar. 9° The alienation of property, contracting of debts and obliga-tions, the making of contracts in the name of the province, extraordinary expenses, and other matters of a financial nature according to the norms of canon law and the ordinances of the general chapter. 10° Other matters according to the enactments of the general chapter. For the following requests to the superior general and his council: 1° The condonation in whole or in part of the dowry of those having degrees or compensating abilities, if such a faculty is contained in the constitutions. 2° Dispensation from an entrance impediment of the constitutions. 3° Admission to first temporary profession. 4° Dismissal of a professed of temporary or perPetual vows. 5° Erection and transfer of a novitiate and erection and suppres-sion of houses. 6° The removal, deposition, and replacement of a provincial councilor, secretary, or bursar; and the appointment, transfer, and removal of local superiors, the master and assistant master of novices, the master of the junior professed, the instructor of tertians, and provincial supervisors of schools and studies. 7° All matters for which recourse to the Holy See is necessary. 8° Other matters according to the ordinances of the general chapter. (e) The provincial superior requires the consult~ve vote of his council: For the following acts: 145 JOSEPH F. GALLEN Review for Religious I° Prolongation of and dismissal from the noviceship. 2° Admission to renewal of temporary profession. 3° The declaration of fact for an automatic dismissal of a professed religions. 4° Other matters according to the ordinances of the general chapter. For the following requests to the superior general and his council: 1° Prolongation of or exclnsion from renewal of temporary pro-fession and exclusion from perpetual profession. 2° Admission to perpetual profession. 3° Other matters according to the ordinances of the general chapter. The treatment of the local council in constitutions is far more varied and unsatisfactory. Canon 653 states: "In the case of grave external scandal or of very serious imminent injury to the com-munity, a religions may be immediately sent back to secular life by a higher superior with the consent of his council or even, if there is danger in delay and time does not permit recourse to a higher superior, by the local superior with the consent of his council and that of the local ordinary." This extraordinary case is the only one in which canon law demands the consent of the local council in a lay institute. The following typical article is a practical summary of what is found in constitutions at the present time. The local superior shall convoke his council every month, or oftener if necessary. Outside of the extraordinary case of canon 653, the local councilors have only a consultive vote except in matters for which the general chapter or the superior general with the consent of his council has decreed that the vote mnst be deliberative. The superior is to discuss with his council the appointment of religions to the local offices and duties not :reserved to higher superiors, the monthly approval of the accounts of the local bursar, financial matters according to the ordinances of the general chapter, the ~material condition and all important matters of the house and its works, the observance of the constitutions, the progress of the religions spirit among the members of the house, and the means to be used to correct abuses and defects that may have crept into the house. Several constitutions impose a deliberative vote for all financial matters. 18. Monasteries of nuns. A monastery is different from a congrega-tion in that the superioress may be obliged to seek the vote of either the council or the chapter (cc. 534, § 1; 543; 575, § 2; 646, § 2). To give again merely a practical summary of what is stated 146 May, 1960 COUNCILS IN LAY INSTITUTES in constitutions, the vote of the chapter is deliberative for ad-mission to the noviceship and temporary profession and consultive for admission to final profession, solemn or simple, and in some monasteries for all the more important affairs of the monastery. The vote of the ,council is deliberative for the dismissal of a novice, investment of the dowry, dismissal of a professed of temporary or perpetual vows, the sending of a professed religious immediately .back to secular .life, appointment and removal of officials of the monastery, alienations, the contracting of debts and obligations, extraordinary expenses; and in some monasteries there is a de-liberative vote previous to that of the chapter for admission to temporary profession. The vote of the council is consultive for the dismissal of postulants; the prolongation of the postulancy, noviceship, or temporary profession; all other important matters of the monastery; and' in some monasteries there is a consultive Vote previous to that of the chapter for admission to perpetual profession, solemn or simple. 19. Federations of nuns. The mother general (president) requires the consent of her council in such matters as the designation of the place of the general chapter; the convocation of an extra-ordinary general chapter; acceptance of the resignation, deposition, and appointment of a successor of a general official; and the erec-tion and suppression of monasteries. The regional mother is obliged to consult her council on such matters as the erection and suppres-sion of monasteries and the possible erection of a common novitiate. It is evideat that the council of a confederation, federation, or region should also be consulted in other important matters. 20. Minutes. There should be a council book, in which the minutes of each session are recorded by the secretary. These are to contain the date, names of the absentees and of any substitutes, all affairs that were discussed, the decisions reached, and the number of votes for and against each decision. The minutes are read and approved by the council at the beginning of the following session. The secretary should add a notation of the vote by which the minutes were approved. The minutes are then signed by the superior and the secretary or, according to some constitutions, by all the councilors. In many congregations the minutes are signed by the superior and the secretary before the approval of the council, and there are also congregations in which this approval is not prescribed. The reading and approval of the minutes are an or-dinary practice in both secular and religious bodies of this nature. 21. The assistant and vicar. The constitutions of lay institutes 147 JOSEPH F. GALLEN ordinarily determine that the assistant takes the place of the superior, whether general, intermediate, or local, when the latter is absent or for any reason whatever is unable to exercise his office. They prescribe with equal frequency that the assistant, as vicar, succeeds immediately but provisionally to the office of superior on a vacancy by death, resignation, removal, or deposition. A vicar has all the powers of a superior, as has also an appointed acting superior. The right to convoke and preside over a council appertains to the superior, vicar, and an acting superior. A few constitutions enact that the general or provincial assistant con-yokes, and presides over the council when the respective superior is sick, absent, or otherwise impeded. Unless expressly forbidden by the constitutions, any superior may also give even general delegation to his assistant to do this (c. 199, § 1); and this power is explicitly stated in some constitutions. It is not the practice of constitutions to make provision for sessions of the local council in the absence or incapacity of the local superior. Any vicar or acting superior, whether general, intermediate, or local, should hold the sessions prescribed by the constitutions, sinve he pos-eesses the authority of a superior. Because his office is provisional and temporary, he should avoid innovations of moment unless these are demanded by the urgency of the matter. 148 The Dictionary of Spirituality R. F. Smith, S.J. THE DICTIONARY OF SPIRITUALITY (Dictionnaire~ de I spiritualit~) is a French reference work devoted exclusively to matters concerned with spirituality. The Dictionary is still in process of being published; three volumes have already appeared, and a large part of the fourth volume has been issued in separate fascicles. The purpose of this article will be to give some idea of the contents of the latest fascicles (nos. 26 and 27; Paris: Beau-chesne, 1959). No attempt will be made here to indicate all the articles included in the two fascicles, but a number of them will be summarized so that readers of R~.v~Ew Fo~t RELm~OUS may have some knowledge of the type of subject matter treated in the Dictionary. As is evident, statements of fact or of opinion are the responsibility of the authors of the various articles in the Dictionary and do not necessarily reflect the views of the editorial staff of the REw~.w. Elevations English spiritual literature does not as a rule use the term elevation as the name of a certain type of meditation book, but both the name and the type have been popular in France; the history of this form of spiritual writing is detailed in the Dictionary from column 553 to 558. The term elevation is actually an ancient one in the history of thought, going back to Plato and other pagan Greek philosophers, the aim of whom was to secure the ~a¢~, or the a~a~7~ (both words mean equivalently elevation or ascent) of the soul to God or at least to spiritual realities. These words were then taken over by Christian writers, and all the more readily since parallel ideas are found in the Bible (see Ps 123:1; 141:2; Col 3:1-2). Hence it is that the traditional description of prayer has always been that of an elevation (or an ascent) of the mind to God. Since the seventeenth century, howev.er, the term elevation has been used in French spiritual literature to denote meditations in which the beauty of the thoughts, the ardor of the feelings, and a certain magnificence of style join forces to lift the soul more easily and gently to the thought of God. Passages of this kind of 149 R. F. SMITH Review for Religious writing are to be found even among pagan writers (for example, the monotheistic hymn of. Aton, some of the passages in Plato and Plotinus); and large sections of the Bible also partake of the nature of elevations (see Jb 36:22-39:25; Tob 13; Is 60-62; Jn 17; Rom 8). So too throughout the course of Christian spiritual literature elevational passages have not been absent, but it was not until modern times that elevations became a separate and self-conscious type of spiritual writing. Cardinal B~rulle gave the greatest impetus to the new form with his frequent elevations, the purpose of which was to bring the spirit of the liturgy into private devotion, The greatest example of elevations is Bossuet's work, Elevations to God on All the Mysteries of the Christian Religion. This type of writing is still frequent among the French, Vandeur and Guerry being, two of the foremost exponents of it today. Elijah Two Carmelite authors (col. 564-72) examine the validity of the traditional association of the prophet Elijah with religious life and with the Carmelite order in particular. The first section of the article remarks that although the Carmelite- tradition of~ the prophet Elijah as the father of monastic life has. not always been based on the soundest reasons, yet the intuition incorporated into the tradition is basically sound; for Elijah is presented in the Bible as a remarkable combination of contemplation and action. Thus, for example, in his dispute with the priesis of Baal on Mount Carmel there is manifested the zeal of Elijah for the worship of the one, true God, even at the possible danger of his. own life. So, too, Elijah shines forth as a man of action in his constant and frequent opposition to the kings whom he regarded as a source of moral corruption for the Israelites. The contemplative aspect of Elijah is shown in the scriptural presentation of him as a man of mystery, removed from other men. His appearancesand disap-pearances are sudden; he lives in solitude, nourished by food pro-vided for him in a supernatural way; the distance between Elijah and other men is strikingly accentuated by his final ascent in a fiery chariot. Finally Elijah is presented as a man who has spoken with God and to whom God has spoken in that small, still voice which is a symbol of God's intimacy with him. The next section of the article considers Elijah and the mo: nastic life. Before the foundation of monastic life, .Greek and Latin fathers rarely referred to Elijah as a model for Christian living; 150 May, 1960 DICTIONARY OF SPIRITUALITY but the fathers of the desert found in him a forerunner of their own way of living, It is in fact in the Life of St. Anthony that is found the first explicit appeal to the example of Elijah as a model of a life lived in the presence of God. This linking of Elijah and the life of perfection continued to grow in the Eastern Church; and in the liturgical feast which was finally accorded Elijah he was hailed with the title usually given to a monk-saint: "terrestrial angel and celestial man." In its beginnings western monasticism did not appeal to the example of Elijah. Later, however, St. Ambrose and St. Jerome expressed the opinion that Elijah could be legitimately considered a forerunner of monastic life; and gradually the monks of the West came to see in the prophet a model for their own virginity, purity of heart, solitude, and life of prayer. Nevertheless there .are but few indications of a liturgical cult to the prophet, and even among the Carmelites the feast of Elijah was a late introduction. It is to be noted that the new preface approved for the feast of the prophet says of him that "he laid the foundations of monastic life." The last part of the article examines the relationship between Elijah and the Carmelite order. During the crusades of the eleventh and twelfth centuries, not a few of the crusaders were drawn to a life of preyer; and some of them settled on Mount Carmel in pursuit of this aim. In 1209 a group of monks living on Mount Carmel re-ceived a rule of life from Albert, patriarch of Jerusalem; later the rule was confirmed in 1226 by Pope Honorius III. These monks became the Carmelites. It is not certain, however, that the monks had come to Mount Carmel out of veneration for the prophet; and their rule does not refer to the prophet as a source of inspiration. It seems more probable that the monks' presence on Mount Carmel gradually led to a devotion to Elijah which eventually became an integral part of the traditions of Carmelite spirituality. The legend of a continuous eremitical life on Mount Carmel from Elijah to the crusaders is alluded to in the Constitutions of the Chapter of London of 1281; and in the fourteenth century the figure of the prophet was linked with the strong Marian tradition of the Carmelites. Elizabeth of the Trinity and Anne Catherine Emmerich Sister Elizabeth of the Trinity (1880-1906) and her life lived in the praise of the glory of the Trinity have been of considerable interest to modern spiritual writers; the Dictionary's brief article 151 R. F. SMITH Review for ReligiOus on her (col. 590-94) delineates the stages of her spiritual progress, At nineteen she found in the writings of St. Teresa of Avila the central orientation of her life: intimacy with God living within her. From that time the aim of her life was to live always in the "cell" which God had built in her heart and one of the most characteristic phrases of her spirituality became that of the "heaven of my own soul." Later the Dominican Father ValiSe taught her to realize the Trinitarian aspect of the divine presence within her, and the reading of the works of St. John of the Cross gave her a full awareness of the transforming effects of the Trin-itarian presence. Meanwhile God Himself had been directing her, leading her through a long, continuous period of aridity and de-pression meant to purify her soul for its final ascent to God. At the end of this period on November 21, 1904, she was led to compose her famous prayer to the Trinity that synthesizes her entire spiritual doctrine. For Sister Elizabeth the fundamental condition of the spiritual life was the ascesis of silence and recollection, a separation from all things that could prevent one from praising God. The essential duty of the spiritual life was to believe in the God who is love and to give Him an adoration of love expressed in an absolute fidelity to His least desire. The model of this life she found in the Incarnate Word, for He is the perfect praise of the glory of the Father. And her final desire in her spiritual life was to join the unceasing praise of the blessed in heaven as that is described in the last chapters of the Apocalypse. Anne Catherine Emmerich (1774-1824) is known today chiefly for the lives of Christ and our Lady attributed to her, but she was also a stigmatist; it is this latter aspect of Anne Catherine that is first discussed in the Dictionary (col. 622-27). Although she possessed a partial share in the stigmata as early as 1799, it was not until 1812 that all the stigmata became apparent in her. Soon after their appearance she was given a full medical and ecclesiastical investigation. The wounds of Anne Catherine, however, yielded to no medical treatment; moreover' continuous medical surveillance established the fact that she fasted from everything except water. Later a governmental examining, board investigated the case and could find no evidence of deception or fraud. In the opinion of the author of the article the stigmata of Anne Catherine must be judged to have been of supernatural origin; a.n.d he quotes with approval the remark of Alois Mager, O.S.B., that the records of the stigmata of Anne Catherine constitute "a rare source for the 152 May, 1960 DICTIONARY OF SPIRITUALITY psychological, religious, and medical study of stigmatisation and other analogous phenomena." The case is not quite so clear, however, with regard to her visions. At the command of her spiritual director, Anne Catherine related her visions from 1818 to 1824 to Clement Brentano; from the notes he took from his almost daily interviews with her, he later published three works on the lives of our Lord and our Lady. Although Brentano himself admitted that Anne Catherine never attributed more than a human value to her experiences, he himself insisted on the historical accuracy of every detail in the works, claiming that Anne Catherine in her visions was actually present at every scene described. Critical study, however, has proved that Brentano actually incorporated into the works he published ac-counts borrowed from other writers. Accordingly in 1927 the Congregation of Rites refused to accept as the writings of Anne Emmerich the volumes published under her name. With regard to the visions actually experienced by Anne Emmerich, the author of the article concludes that it is impossible for anyone today to say whether or not they had a supernatural origin. Devotion to the Infant Jesus The Dictionary's article on devotion to the Infant Jesus (col. 652-82) details the history of that devotion from the earliest times down to our own day. The patristic period of the Church did not in general possess what we would call today a personal devotion to the Infant Savior. Even the liturgical feasts of Christmas and Epiphany did not express such a devotion, for they were primarily instituted to stress religious ideas "and dogmas, and not to com-memorate historical events in the life of Christ. In the earliest history of the Church, the closest thing to a manifestation of a devotion to the Infant Jesus is to be found in the nun~erous pil-grimages to the Holy Land and especially to Bethlehem. With the Middle Ages, however, devotion to the Infant began to grow and to flourish; medieval man, with his taste for the con-crete and his desire for affectivity in his religious life, was led quite naturally to a display of ardent devotion to the appealing figure of the Infant of Bethlehem. The devotion received its first major impulse from St. Bernard; it is in his sermons on the Nativity cycle that are given the first detailed contemplations of the Infant, and there for the first time is His charm described at length. Afterwards St. Francis of Assisi, with his predilection for the 153 R. F. S~I Review for Religious mystery of the Nativity, continued and enlarged the popularity of the devotion to the Infant Jesus. This Franciscan love for the Nativity scene also marked a step forward in the technique of meditation; it was at this time and on the occasion of meditations on the Nativity scene that the Franciscans introduced the method of entering into and becoming a part of the scene meditated on, The ardor with which the devotion was practiced during the Middle Ages can be judged by various indications. It is then that for the first time in the history of Christian sanctity., saints and mystics are given visions of the Infant Jesus. Painters began to depict the adoration of the Infant, thus making the Babe the center of their artistic works. At the same time the use of individual statuettes of the Infant came into existence. Finally, towards the end of the sixteenth century, the Carmelite Francis of the Infant Jesus became the first known person to choose the Infant as his special model. Tl~e frequency with which this title was afterwards used is a dear sign that devotion to the Infant Jesus had assumed the role of an orientating point for the conduct of the spiritual life. The seventeenth century saw another great growth in the devotion. The Infant Christ was a special object of devotion for Cardinal B~rulle who loved to insist that a person interested in the spiritual life could learn from the Infant innocence, dependency, humility, purity, and especially silence. Under B~mlle's influence, the French Carmelite nuns became advocates of the devotion; it was these nuns who popularized the notion that a person must become an infant in order to honor the Infant Word. St. John Eudes introduced a special feast of the Infant (February 6) and composed the oi~ce for it. Olier received a vision of our Lady bidding him to honor the infancy of her Son, and from him the devotion spread throughout the Sulpicians. Towards the end of the seventeenth century, however, devo-tion to the Infant began to decline, possibly because of the con-demnation of Madame Guyon, who had practiced an extreme form of the devotion. In the eighteenth century the devotion was not very prominent, though there was a growth throu~ghout the world in the devotion to the Infant Jesus of Prague. The religious revival of the nineteenth century, however, led to a new growth in the devotion; the extent of this growth can be judged from the number of congregations of religious who placed the name of the Infant Jesus in their official title. The devotion to the Infant Jesus con, tinues to be prominent in the modem Church. St. Teresa of Lisieux practiced the devotion as did the spiritual writer, Dom Vital 154 May, 1960 DICTIONARY OF SPIRITUALI~ Lehodey, whose whole spirituality was centered around the Infant of Bethlehem. Spiritual Childhood The article that is devoted in the Dictionary to a consideration of spiritual childhood or infancy (col. 682-714) is chiefly interesting for the scriptural data that it provides. Spiritual childhood is defined at the beginning of the article as an act of abandon into the hands of the Father made by a soul conscious of its own smallness and radical powerlessness. It is composed accordingly of humility and the consciousness of the divine fatherhood with all the limitless confidence implied by these two elements. This concept of spiritual childhood is to be found in the Old Testament but expressed in different phraseology. It is expressed first of all in the Old Testament theme of poverty. In the early books of the Bible poverty means only the lack of possessior&; but with Isaiah and Sophoniah it adds to this a spiritual meaning, denoting an attitude that is the opposite of pride. This poverty is the theme of some thirty of the Psalms where the poor man is shown to be one whose only wealth is God and who regards himself as an infant in the hands of God. The spiritualisation of this concept of poverty re-ceived its final form in the sapiential books, where the idea of spiritual poverty is completely isolated from its sociological mean-ing and made into a moral-ideal applicable to all, whether rich or poor. This poverty of spirit is a voluntary and total submission to Yahweh with a special emphasis on the smallness and powerlessness and misery of man with regard to his Creator. Poverty in this sense became an essential element in the Jewish religious attitude; it is to be noted that Zechariah (9:9) presented the coming King- Messiah as one who is poor in spirit. The constituents of spiritual childhood are also to be found in another major theme of the Old Testament, that of the father-hood of God. The idea of a divine fatherhood had deep roots in Semitic history; all Semite peoples regarded their national god as the father of the nation. Hence too Yahweh is the father of the Israelites, but in a special sense; since Yahweh is not a national god, but the Ruler of all peoples, His fatherhood of Israel is a special favor given to the Israelite people. Accordingly the prime duty of the Israelites is to honor Yahweh as their father, and He on HIS part must love and protect HIS sons. This loving relationship between God and the Israelite nation is emphasized by another figure of the Old Testament, that of God as the Bridegroom of 155 R. F. SMITH Review for Religious Israel; this figure accentuates the tenderness and intimacy of the union of God with Israel. When we come to the New Testament, it is to be noted that all the elements of spiritual childhood (including the vocabulary) are to be found in Christ's own personal teaching. He makes poverty (in the sense of the Old Testament) the fundamental attitude of His disciples; they must be joyfully aware of their own radical powerlessness with regard to the kingdom and must expect their salvation only from God. At the same time they must address God in their prayers as their Father, and their love for God as their Father demands of them an absolute confidence (see Mk 11:34; Mt 7:7-8; Lk 11:9). Christ also introduced the word child into the vocabulary of the spiritual life. In Matthew 11:25-26 Christ thanks the Father that He has made His revelation not to the wise and prudent, but to little children. The term "little children" is a translation of a Greek word meaning an infant still unable to speak; the doctrine of God, then, is given to those aware of their helplessness and receptive to help from outside of them-selves. Again in Mark 10:14 Christ says that the kingdom of God belongs to children; in this passage Christ's consideration is not directed toward the innocence or simplicity of children, but to their humility, receptivity, and confidence. The kingdom of God is a gift and a grace, and it must be received in the same spirit of de-pendence as the child receives his natural needs from his parents. It is to be noted that in the Gospels two groups of persons are said to possess the kingdom of God: the poor in spirit (Mr 5:3) and children (Mk 10:14). Thereby is made an identification of the poor man of the Old Testament and the way of spiritual childhood.' The poor man of the 01d Testament becomes the child of the Gospel. In the Pauline epistles there is given a sort of negative com-mentary on the word child, as Christ understood it. In his writings St. Paul always gives the word child a pejorative sense, implying childishness and lack of maturity. By so doing, St. Paul is not to be understood as rejecting the way of spiritual childhood, but as forcibly underlining the fact that spiritual childhood or infancy must be carefully distinguished from infantilism, which is not worthy of a Christian. The rest of the article on spiritual childhood or infancy does not add much to the above scriptural teaching. Three things from this section can, however, be noted here. First, growth in the understanding and practice of the way of spiritual childhood 156 May, 1960 DICTIONARY OF SPIRITUALITY developed in the Church under the impulse of devotion to the Infant Jesus. Secondly, it is again emphasized that spiritual child-hood is not childishness but is rather full Christian maturity. And thirdly, the way of spiritual childhood is but the development of the grace given in Baptism by which man is made into a son of God. Education for Sanctity The article (col. 714-27) on the spiritual life of the infant and the pre-adolescent child points out that a child becomes capable of exercising the supernatural powers that were given him in baptism when he reaches the age of reason, that is, when he is capable of an attitude of love and adoration towards God and hence of moral discernment. In many cases, says the author, this period may come quite late, but in well-endowed children who have received good training the age of reason may be reached at the early age of two and a half or three. The presence and growth of the spiritual life in the child can be judged by three signs based on the teaching of St. Thomas in Summa theologiae, 1-2, 112, 5c. These signs are: the child's aptitude for silence and interior recollection; his aptitude to do things for others without expecting a recompense .for himself; and a certain quality of peace and joy in the child's way of acting. The author next considers the various modes in which the child exercises his life of grace. The first way is that of a conversion process, as indicated by St. Thomas in Summa theologiae, 1-2, 89, 6c and ad 3. So St. Teresa of Lisieux experienced a conversion to God at least by the age of three; and Anne de Guign~ at the age of four experienced a conversion from a life of jealousy, anger, and pleasure to a life of love for her neighbor and intimacy with God. Generally this process of conversion takes place on the occasion of the symbols of God that are presented to it. Gradually the child begins to sense the presence and reality of a mysterious Being who is at once very powerful and very lovable and whose name is always uttered by his parents with respect and reverence. The life of grace in children is also expressed in contemplation, and the beauties of nature may well be the means by which the spirit and exercise of contemplation is aroused in them. Children also experience vocation, that is a particular orientation of their life as intended by God. Frequently the exact goal of this orienta-tion remains closed to them, but their life begins to take on a special comportment in accord with God's designs for them (for example, interest in thinking about God or in helping others), and 157 R. F. SMITH they develop a special spiritual climate (for example, joy or com-punction). Finally in this section the author inquires into the possibility of sin. in the infant and small child, concluding that grave sin is rare and practically impossible in children until they reach the ages of seven or eight. In the next part of the article the author considers how a child may be trained so as to allow him to develop the gifts of grace within him. The first requirement is to provide the child with a climate of silence and peace; hence in those training the child there must be calmness and a lack of nervousness, haste, and febrile agitation. The child must also be given a climate of joy, and this will be best achieved if he perceives that those around him regard their Christian life not as a burden but as a privilege. Hence too all religions duties must be presented to the child in a context of gladness. Parents and educators cannot afford to forget that the spiritual life of the child develops largely out of imitation of them. He knows God in the resemblance of those who speak to him about God. From the love of his parents he derives his first idea of the love and providence that God has for him; and the way in which parents and educators pronounce the name of God will be the child's first initiation into the mystery of God. From the beginning the child must be introduced to the fundamental and central truths of the Christian religion: God is great, and He loves us as a father. The communication of religious truth to the child must be made concrete and personal, for the child must be introduced into a living world of reality. Finally the child must be introduced to prayer and must gradually be made a participant in the prayer of his parents and educators. He should be taught the Our Father from the beginning and then other prayers -- short and dense -- drawn principally from the Bible and the liturgy. It is hoped that the above pages will furnish some indication of the kind of article to be found in the Dictionary of Spirituality. The work will be found useful both on the level.of information and on that of inspiration. It should be noted in conclusion that each article of the Dictionary provides bibliographical references for further study and investigation. 158 The Director of the Retreat Hugh Kelly, S.J. ANY PRIEST who has a tree understanding of the Spiritual Exercises will feel a movement of resentment, a desire to protest when he hears himself described as "preaching" a retreat. He can accept "giving" a retreat because the phrase carries the traditional meaning, but he knows that to consider him as preacher is to misunderstand the nature of the Exercises. He has, of course, to deliver conferences; but he must not be merely the preacher. He knows that if he is to be tree to the essential conception of that most distinctive ministry, he must be a director and director even more than preacher. But here a difficulty presents itself to the modem retreat master. There are certain circum-stances in the modem retreat which reduce -- if they do not suppress -- the role of the director. If these are not considered and countered, there is a grave danger that the director may be entirely replaced by the preacher and as a result the value of the Exercises seriously diminished. Before considering the problem presented by modem retreats, it will be necessary to have a clear idea of the role of the director in the Exercises as St. Ignatius understood them. It can be said without exaggeration that the place and function of the director are indicated or supposed in every stage of the retreat. A detailed page-by-page proof of this assertion would occupy too much space ¯ and moreover is not necessary. It will b~ sufficient t9. refer to those parts where the work of the director is most clearly indicated. First of all in position, and even in importance fdr our purpose, come the twenty Annotations, which are a set of practical instruc-tions meant to indicate what. the Exercises are and which are intended t~ help both the director and the exercitant, but chiefly the former. By far the greater part of these twenty are meant for the director. From the beginning they make it clear to him that he is in charge of the retreat, that he is to conduct and control it to such a degree that it can scarcely be conceived without him. He is given detailed instructions as to the manner in which he is to give The Reverend Hugh Kelly is presently stationed at Rathfarnlmm Castle, Rathfarnham, Dublin, Ireland. 159 HUGH KELLY Review for Religious his conferences, to propose the spiritual truths. He is instructed that he is to watch the exercitant so as to get to know his interior reactions, that he is to visit him every day to find out how he is following the meditations, that he is to protect him against those temptations or illusions that will trouble him at certain stages, that he is to impart to him some criteria that will enable him to deal with spiritual experiences, like consolation or desolation. He is also to enlighten and encourage and comfort him. In all this we are very far from the idea of one who merely preaches a set of spiritual conferences; we have a very definite sketch of one whose work is not at all finished when he has ceased to address the exercitant. It is made quite clear that his more important function is to see to it that his message has been received, that it has produced a definite fruit, and that it is carrying the hearer forward on a planned line. Moreover, throughout the course of the retreat, the work of the director is indicated. He is to administer the doctrine ac-cording to the capacity of the exercitant. He is to control the elaborate method and system which constitute a great part of the whole process of the retreat; he has the duty and power to modify, change, omit, retard', hasten, according to the needs of his hearer. This watclfful attention is especially commanded in the business of the election which is the chief work of the whole retreat. The preparation for this decision is the most subtle and delicat~ part of the director's work. He must shepherd the exercitant to this decision in such a way that the latter will be in the most favorable condition, spiritually and psychologically, to make the decision which is most for God's glory. He must enlighten him gradually and skilfully; he must guard him against illusions and errors; he must submit him to strong selected influences; he must dispose him, as it were, in every department of soul; and finally he must instruct him how to manipulate the complex method of election. But in all this elaborate, delicate work the director is, if he is to be true to his proper function, not to impose himself; he is not to urge nor drive nor even to lead. His work is essentially to bring it about, by his skill and prudence, that the exercitant is in the most favorable condition of soul to know the will of God, to feel most surely the attraction of grace, to be freed from inordinate affections in his choice. Hence the director must keep himself in the background; he will arrange the setting, regulate the tem-perature, so to speak, ward off interruptions, induce a suitable 160 May, 1960 DIRECTOR OF THE RETREAT atmosphere. He will then leave the soul face-to-face with God; he will not enter the ring when the decision is being made. This role of the director is clear in the genesis of the Exercises. We know that they record the process and method of St. Ignatius as he passed through the different stages of his conversion and vocation. When he was convinced that he was called to be an apostle, he set about that work in a characteristic way. He was not a preacher, either in natural gifts or with canonical authority. His method was to converse simply with a few hearers in a con-versational tone, to show forcibly and concretely what they were to do to live good Catholic lives, His talks were quite practical: how to examine their conscience, how to distinguish mortal sin from venial, how to make the commandments a living influence in their daily lives. He was concerned that his hearers should apply what he had said to their individual needs. He was primarily a director and not a preacher. When he. came to write down the fruits of his experience, he maintained the chief features of his apostolate: he gave the director the place he himself had played in his work for souls. That distinct place was recognized from the beginning;, and several manuals expounding that role -- called directories -- were composed, one of them by St. Ignatius himself. The chief official directory was drawn up at the desire of Father Aquaviva within forty years of the death of St. Ignatius and was meant to gather up and make permanent the practice and tradition of those who had learned from him. Its purpose is -- as its name indicates -- to lay down what is the function of the director. It is a practical manual, a method of procedure, a set of rubrics, for the conducting of the retreat. Thus the place of the director is fixed as an essential part of the Exercises. The director thus understood has been accepted in the tradi-tion and practice of the reinstated Society of Jesus as well as in the old. But with the lapse of time has come a new kind of religious retreat which does not seem to afford such a place to the director. The type of retreat specifically envisaged by St. Ignatius is one of thirty days, made by a man who probably had no previous exper-ience of spiritual things, for the purpose of coming to a decisio~a about his state of life -- an individual vocation-retreat. The place of a director in such a retreat is obvious and has been described. But the almost universal type of retreat in our time is something quite different; it is given to a religious community, as a prescribed periodic exercise, to those who may have long ago given themselves 161 HUGH KELLY Review for Religious to the service of God and who may well have considerable experi-ence of the spiritual life. The question then arises immediately, Is the traditional role of the director possible or how far is it possible in such aretreat? The question is one that cannot fairly be evaded. We are convinced of the value of the Exercises for the modern apostolate; and this conviction is strongly reinforced by the com-mendation given by Pins XI --' the most splendid testimony given by the Holy See to them. We are convinced of the place the director, that it is something substantial in them. But is a place possible in the modern retreat? The very considerable differences which mark. off the modern retreat from that envisaged by St. Ignatius must inevitably to considerable differences in the manner of giving the Exercises. There will be some obvibus modifications demanded by the conditions. For instance, some of thedoctrines proposed, especially in the beginning of the book, are of an elementary nature --how examine one's conscience, how to prepare for a general confession, and so forth. In our modern community retreat more mature deeper instruction will be expected. In the Directory in Chapter Nine, a considerable freedom is allowed to those who are practiced "in spiritual things." They are allowed to meditate on the subjects which they think useful for themselves or for the purpose they before them in the retreat. In his book La Spiritualit~ de la Com-pagnie de J~su, Father de Guibert discusses some of the changes which the new kind of retreat involves. He points out that those who make a retreat every year the Exercises must be quite familiar and that there is a danger of tedious monotony. overcome that mood of overfamiliarity in the audience and present the Exercises with some measure of freshness, a retreat giver of our day will need to introduce certain "adaptations enrichments." These will generally be the development of basic spiritual ideas of the Exercises, which are capable of hfmite application and development. The question of the director is no less important a problem. The measure and kind of direction prescribed by St. Ignatius an individual inexperienced in the spiritual life and seeking will of God about his state of life would not be appropriate: modern community retreat. That is at once obvious; the problem is to find out how much direction can be given in such a retreat and in what form. The retreat master is dealing with people who have been religions for many years and who may have reached high level of prayer and union with God. The first point to 162 ~Iay, 1960 DIRECTOR OF THE RETREAT noted then is that such people do not need the direction of be-ginners. There could be no need for detailed step-by-step direction, of constant inquiry into" the movements of grace, of warning against temptations and illusions. The stage for such treatment has passed long ago. The second point to be made is that direction need not be continuous. A soul finds itself perhaps at a minor crossroad, about to make a decision which may have considerable consequences; or it may feel attracted to some new method or degree in the spiritual life. Or again a soul needs confirmation, assurance, and encouragement. Such a soul knows that the mere fact of manifesting one's aims, attractions, failures to a sympathetic and competent director will bring light or a warm sense of gratitude and security. The situation of such souls can be easily explained to an experienced director and valuable help derived from such a procedure. That is a true and fairly normal process of direction with souls well advanced. These do not feel the need of constant direction; they will get the help they need with such occasional interview, s. How often does one hear a priest or religious say that a certain retreat marked a stage in their life; and on inquiry it would be explained that the 'deciding influence did not come from what was said at the conference table but from an interview in the confessional. The priest giving the retreat was a trained director; he understood the situation, the needs and capacity of the soul; he gave the advice and enlightenment which the occasion demanded; his help constituted direction in the truest sense. It follows from this that in a retreat according to the method of the Exercises the place of confession is of great importance. It is through the confessional that the director will. do his work; it is there that the general instructions of the conference are applied to the needs and dispositions of the individual. We may have heard retreat masters say that all their work was done at the conferences and that consequently the retreat confession meant for the exer-citant merely the usual weekly confession of rule or at most a brief review of the year since the last retreat. Such an opinion shows a very naive idea of the complexity of the individual soul. It also shows that the director has been replaced by the preacher and that the traditional way of giving the Exercises has been abandoned. That this traditional view is not merely a venerable tradition but still very much a matter of practice is clear from recent works on the Exercises. One article begins by correcting a mistaken view as to the strong point of the whole scheme of the Exercises, the view 163 HUGH KELLY Review for Religious that the value lies primarily, if not entirely, in the rigorous con-nection, the studied progress of ideas. The author points out that such a view takes no account of the interior activity which is suggested and controlled by the director.~ Another article describes in detail the work of finding the will of God pursued by the com-bined efforts of the exercitant and the director. This treatment is not merely historical, but obviously envisages the modem retreat.2 We may take it then that to secure the tree distinctive fruit of a retreat a certain cooperation with the director is generally nec-essary. The soul that is responding more sensitively and generously to the interior movement of the Spiritual Exercises will see the value, ff not the need, of some contact with a skilful director. That contact may be brief, just one or two interviews in the confessional; but such briefmeetings will be truly helpful. They will be sufficient to give assurance about the general direction of the spiritual life and also perhaps sorely needed encouragement to continue to struggle against the paralyzing monotony of fervor maintained. No doubt the experienced soul will be quick to see the application of what the director says in his conferences; but if the troth is one which may have a considerable effect on the spiritual life, then it will be grasped more firmly and fruitfully if discussed with the director. In such a situation it is clear that the preacher has not taken over full control. The influence of the director is felt; it permeates all the stages; it is discreetly active behind the conferences. The director has not merely preached spiritual doctrine; he has tried to apply it. He has not merely instructed; he has actually guided. He has kept in touch with the individual exercitant -- at least with those who have realized the need or benefit of direction. He has a certain idea of how the Holy Spirit is working in that section of his audience, of how His inspirations are being received. In the sixth Annotation St. Ignatius points out that the entire absence of spiritual movements might constitute a suspicious sign. It might well indicate that the exercitant is not doing his duty, is not cooperating by his fidelity to the conditions of the retreat. Consequently he should be questioned with a view to discovering if his aridity is the result of negligence or is due to the action of God. If a retreat consists of a series of lectures, then the work of the preacher is done when he stands up from the table. He is 1Jean Laplace, "L'Expdrience du discernement dans les Exercices de Saint Ignace," Christus, 4 (1954), 28-49. 2Charles Jacquet, "Le rSle de l'instructeur de la retraite," Christus, 10 (1956), 208-24. 164 May, 1960 DIRECTOR OF THE RETREAT not expected to interest himself in the effect of his words on individual hearers. But in .such a situation there is no meaning in the Annotation of St. Ignatius. From what has been said it is clear that in a retreat according to the tradition of the Spiritual Exercises the confessional will play an important part because the work of direction will be done there. From the beginning then the director should make that fact evident. He should do what he can to get the exercitant to speak freely about his interior life. Whether .because of a certain natural reserve or because of a want of practice, many people find it very difficult to open their souls. The skilled director should have acquired means of dealing with these inhibited souls who have been locked up in themselves. There are certain leading questions which may help to split or melt the shell of reserve they have built around their interior life, questions which may set them thinking that the occasion may mean more than the telling of their sins and that there might be some benefit in revealing their state of soul to the gaze of a skilled and sympathetic director. "Are you satisfied with your progress after so many years .of religious life? Do you realize practically what your vocation de-mands of you? Have you been disappointed with religious life? Could you describe your way of prayer? Have you noticed a change in your prayer since the noviceship? What do you think is the strongest attraction which God exercises on you? Are you satisfied with living the daily routine superficially without much advertance to the general purpose of your religious life, which is perfection? Do you realize that perfection consists in charity? What is your idea of being a saint?" Questions like these will often come with a kind of revelation to certain souls. These questions are perhaps a new approach to the spiritual life; they may show a fresh aspect of what had seemed dull and uninteresting. They will often loose tongues which have been atrophied and open up interiors that will benefit greatly by light and air. We may take it that every religious is interested in his spiritual life, that he is prepared to talk about it if he knows how to do so and if he sees that another is taking an interest in him and is prepared to help him. This power of unlocking consciences is a part of the endowment of the director. It will, of course, be possessed in unequal measure; but every priest who gives the Exercises should try to cultivate it. There is another aspect of this attention to direction in a retreat which is worth emphasizing. The obvious handicap which the giver of the Exercises has to start with is the fact that they 165 HUGH KELLY Review [or Religio~8 are well known to his hearers. Most of these have made the Exer-cises before, perhaps many times. The foundation, sin, the kingdom, the standards -- they have been over that road before and know every step of it well. The strategic value of surprise, so sought after in warfare, must necessarily be sacrificed; there can be no surprise -- substantially -- in the Exercises. One who gives a retreat not based on the Exercises is free from this disadvantage. His hearers live in an atmosphere of expectancy. They troop to every new lecture as travelers to a mystery tour. Such a retreat may well be a series of unexpectancies and even surprises. The director of the Exercises, who has to forego this strategic pedagogic advantage, must try to compensate some other way. What he loses on the swings he must make up on the roundabouts. He will, of course, try to give what freshness he can to his meditations; but it is the Exercises he is giving, and for all his ingenuity most of what he says will be well known to his hearers. But he has another resource in his difficulty; a resource that may well make the retreat something really personal and appealing. He must remember that he is a director. He must try to bring the Exercises home to the needs of the individual soul. He must see to it that the retreat is not merely a set of entertaining instructions; but that the exercitant cooperates with the light and grace that are offered. This is the work of direction which, if skilfully per-formed, can more than make up for the familiarity of the matter. The truest benefit and even interest of a retreat will not come so much from the originality of the conferences as from the degree in which the truths have been assimilated and experienced. This statement is but a free translation of the well-known second Annotation of St. Ignatius which states a principle of the highest importance for prayer: "for it is not to know much, but it is to understand and savor the matter interiorly, that fills and satisfies the soul." This savor or taste of spiritual truths, this personal appreciation of the ways of God, does not come as a matter of course with the hearing of a discourse; it presupposes a distinctive personal effort. It will come from a sensitiveness of the exercitant, to which the action of the director will greatly ~ontribute. When it comes it is the true measure of the value of the retreat. It has made new and fresh some truths which were thought to be old and worn. The truths which St. Ignatius strung together in the pattern which constitutes the Spiritual Exercises and which had such an astounding effect on men like Xavier and Faber and Canisius 166 May, 1960 DIRECTOR OF THE RETREAT were not new truths; they belonged to the general Christian tradi-tion. The originality of St. Ignatius is that by means of the pattern and system he has given to these truths he can communicate to others something of the force and power that he himself got from them. His presentation of these truths presupposes the cooperation of the director. A person might read the book without feeling any particular enlightenment or enflaming of soul. The Exercises, if they are to produce their effect, must be given, administered; delivered, not merely read or heard. If that cooperation which St. Ignatius and tradition assigned to the director ceases to be forthcoming, then the Spiritual Exercises will lose one of the chief conditions of their efficacy. Without the work of the discernment of spirits in which the director has a necessary role, the Exercises are nothing, says P~re Laplace. "They will perhaps furnish an occasion for prayer in silence, for learning how to examine one's conscience and make a good confession. These advantages are not to be despised, but it is not necessary to go ~o St.~ Ignatius to get them.''~ The Exercises promise a greater, rarer spiritual benefit, but on condition that they are made in their true conditions. 80p. cir., p. 48. 167 Survey of Roman Documents R. F. Smith, S.J. THIS ARTICLE will give a survey of the documents which appeared in the December, 1959, issues of Acta Apostolicae Sedis (AAS). All page references throughout the survey will be to the 1959 AAS (v. 51). Encyclical on the Missions Under the date of November 28, 1959 (pp. 833-64), John XXIII issued the encyclical Princepspastorum. The new encyllcalwas occasioned by the fortieth anniversary of Pope Benedict XV's apostolic epistle on the missions, Maximum illud; to a large extent the encyclical of the present Pope is a reiteration and confirmation of the mission principles laid down in Benedict XV's document. The first principal division of the encycEcal is concerned with the need of a native hierarchy and clergy in mission lands. John XXIII recalled with gratitude the great increase in native clergy since the publication of Maximum illud. The Pope noted that the first Asian bishop was consecrated in 1923 and that Vicars Apostolic were taken from the native African clergy in 1939. Up to the year 1959, 68 Asian bishops had been consecrated and 25 African bishops. Statistics re-garding native clergy are even more impressive. In 1918 there were 919 native priests in Asia; by 1957 that number had increased to 5,553. In the same year, 1918, Africa had 90 native priests, while by 1957 their number had increased to 1,811. John XXIII then went on to urge the present members of the native hierarchy and clergy in mission lands to exercise their priesthood faithfully. He exhorted them to preach to their people about the dignity and greatness of the priesthood and to urge them to pray the Lord of the harvest to send more laborers into the field. The Vicar of Christ also noted that missionary lands stRl need the help of priests from other countries; such priests are not to be regarded as strangers, because every priest finds his fatherland wherever the kingdom of God is beginning or flourishing. The second principal part of the encylical emphasizes the necessity of a thorough training for the native clergy of missionary lands. This training, the Pope insisted, must first of all provide for the sanctity of the native clergy, for it is chiefly by sanctity that a priest becomes the light of the world and the salt of the earth. After sanctity, the most important thing is a solid and complete intellectual training of the native clergy. In this connection the Pope noted that the seminary training should not take place in localities too distant from the society of other 168 I~OMAN DOCUMENTS men, for the native clergy must be led to understand their people and should be trained to take over their leadership. The seminary training of the native clergy should give adequate time to the study of missiology, according to the wishes and directives of Benedict XV and the following pontiffs. The native clergy should be encouraged to baptize the native culture; like Matthew Ricci, they should be so educated in an under-standing and appreciation of the native culture that they will attract their countrymen to the truth of Christianity. The native clergy should be trained to use all means of mOderu communication for the spread of Christianity, and they should be given studies of social matters so that they will be equipped to establish a Christian social order in their countries. In concluding this part of the encyclical, John XXIII warned the native clergy that like all priests their first love must be for the whole world and not for their own country; otherwise they will be tempted to love their earthly fatherland more than their heavenly one. The third part of the encyclical is concerned with the native laity of missionary countries. It is not sufficient, the Holy Father emphasized, to convert and baptize large numbers of persons; they must also be trained to work for the present and future increase of the Church. The number of Christians, he said, is insignificant if their quality is low and if they do not bear fruit. Christian education must show the laity the greatness and grandeur of their faith so that they will be inspired to the practice of virtue and of the apostolate. A true Christian must realize that his first and fundamental duty is to be a witness to the truth that he believes and to the grace which has transformed him. It is in the light of this, remarked the Pope, that one must understand the words of St. John Chrysostom: "No one would be a pagan, if we were worthy Christians" (Tenth Homily on i Timothy, Migne PG, v. 62, col. 551). This testimony of the laity, the Pope added, must be given not only by individual Christians but also by the Christian community as such. This will be done especially by a manifestation of that Christian charity which surpasses all distinctions between nations and languages and embraces all men, whether friend or enemy. The fourth principal part of the encyclical considers the training of the laity in the apostolate. This training, the Pope said, should begin from the earliest moments with special emphasis on it at times like the occasion of the administration of the sacrament of confirmation. The Pope praised the work of lay catechists, saying that their work is perhaps the most important apostolate exercised by laymen. He also called for the establishment of Catholic Action on the missions, but warned that it must be adapted to the conditions and necessities of each country. He also noted that Catholic Action does not exclude the possiblity that laymen themselves have varying degrees of direction and administration in it; indeed members of the laity who show signs of leadership should be educated for such direction and administration. The laity must be taught that the influence of Christian doctrine must be manifested in 169 R. F. SMITH Review for Religious the area of public questions, especially those concerning schools, as-sistance to the poorer classes, and the administration of public affairs. The Pope also called for the formation of lay groups in missionary countries to study doctrinal, social, and apostolic matters. In con-cluding this section of the encyclical the Pope urged laymen of the entire Christian world to give serious consideration to means and methods of helping their fellow laymen of missionary countries who have just been converted; and he exhorted bishops to give adequate care to laymen from the missions who may be studying in their dioceses. In the fifth and concluding part of the encyclical, the Holy Father asked the entire Christian world to continue and to increase their aid to the missions. He also urged bishops to allow priests who have a vocation to the missions to follow their desire, even when there is a scarcity of priests in the diocese. In the same way bishops should be ready to let outstanding laymen of their dioceses go to the missions. The final paragraphs of the encyclical are devoted to encouraging missionaries in those countries which are presently persecuting the Church. Allocutions and Messages On November 22, 1959 (pp. 903-7), the Holy Father addressed a gathering of Italian seminarians. In the course of his speech to them the Pontiff offered them a three-point program of life. As future priests they must be characterized first of all by purity of heart. This, he said, has an attractiveness that is irresistible for souls. This purity ofheart, he continued, is the atmosphere in which every serious vocation lives. It is an indispensable conditon for a disinterested service of one's neighbor; .it prepares the incomparable joy of long periods of prayer at the foot of the tabernacle; and it adorns the priest with the attrac-tiveness of Christ Himself. The second need for the priest, the Pope continued, is strength of character. The priest, he pointed out, requires a steellike quality of character and will, for he must engage in a con-tinuous struggle against his passions and his egoism. Future priests must be able to resist the attractions and seductions of the world, and they must be masters of themselves in every situation. Finally, the Pope said, the last mark of a priest must be the ardor of his charity. Charity, he noted, is the fulfillment of the law; hence it is necessary for the faithful fulfillment of one's daily duties, whether these be large or small Charity sustains a priest's obedience to his bishop and makes him Serve his diocese without thought of earthly and human returns. It is also this charity, he told his audience, that will keep a seminarian from giving way in the face of the difficulties he finds in his life of prayer and study. On November 18, 1959 (pp. 867-70), John XXIII add~ressed a gathering of ecclesiastical censors of books. He told them that their work was directed to the discovery of genuinely human and Christian 170 May, 1960' I~OMAN DOCUMENTS values and to the rejection of error and the danger of error. Accordingly their work is a real .pastoral: occupation, participating in the solicitude of the Church to guide and instruct her children in truth. The Pontiff told his listeners, that they must possess a sane realism as well as an apostolic sense and told them to avoid an intransigent severity which scourges but does not encourage. Finally he'suggested to them that their motto in their work should be the ancient phrase: Unity in necessary things; liberty in uncertain things; charity in everything. On NoVember 29, 1959 (pp. 909-11), the Vicar of Christ radioed a message~ to the First National Congress of Cuba and the General As-sembly of the Catholic Apostolate. He told his listeners (who had just received Communion in a body) that since they had just taken the Bread which is Christ, they must have but one heart and one soul, being conscious of themselves as the sons of the one Father. The face of the earth, he continued, would be changed if true charity reigned in the hearts of men. Hatred, he added, brings only the bitter fruits of death, while love establishes social peace. On November 10, 1959 (pp. 865-67), the Pontiff addressed members of the Food and Agriculture Organization. He told his listeners that they were engaged in a true work of mercy, for their purpose is to assist the most unfortunate of human beings -- those who are hungry. He also told them that theexistence of their organization is one of the great signs of the awakening of social consciousness and responsibility in the modem world. The Pope concluded his allocution by praising the combination of realism 'and optimism that marks the work of the organization. On December 6, 1959 (pp.' 908-9), the Pope gave a short address to President Eisenhower, then visiting the Vatican. Miscellaneous Documents Under the date of May 29, 1959 (pp. 871-74), the Sacred Congrega-tion of Rites approved the introduction of the cause of the Servant of God, Guido Maria Conforti (1865-1931), archbishop-bishop of Parma, founder of the Pious Society of St. Francis Xavier for Foreign Missions. By a decree of the Sacred Congregation of the Council issued on Decem-ber 3, 1959 (p. 918), the privilege was granted to all Catholics to change the fast and abstinence of December 24 to December 23. On November 23, 1959 (p. 921), the Sacred Apostolic Penitentiary announced that a partial indulgence of three hundred days could be gained once on the wedding day only (cf. 1960 AAS, v. 52, p. 62) by married couples who with contrite heart kiss the marriage ring 6f the wife and say the follow-ing prayer or one similar to it: Grant, O Lord, that loving You we may love each other and that we may live in accordance with Your holy law. On August 8, 1959 (pp. 915-18), the Sacred Consistorial Congrega-tion published the list of faculties and privileges which have been granted to the Church in Latin America and in the Philippine Islands. 171 VIEWS, NEWS, PREVIEWS Review for Religious The privileges and faculties listed in the document will be in force until December 31, 1969. On November 17, 1959 (p. 920), the Sacred Congregation of Seminaries and Studies declared that a university entrusted to the diocesan clergy or to a religious family depends on the same congregation, even if the university has not been granted canonical erection. Finally the Secretary of State issued on November 16, 1959 (pp. 875-76), the statutes which are to regulate the activity of the newly founded Vatican Film Library. The purpose of the library will be to collect movies and television films concerning the following topics: the Pope, his representatives, and the Roman Curia; apostolic and charitable activity in the Church and cultural works promoted b~ Catholics; the religious life of the world; all works of high artistic and human quality. Views, News, Previews Correction: Missionary Servants AN,V, EieDwIsT, ONRewIAs,L P EreRviReOwRs, ,p iang teh 2e 8J,a oncucaarsyi oisnseude t hoef tfhoell oRw~i.nvgx ~in.w- , formative letter from Fathe~ David O'Connor, M.S.SS.T.: "Surprise and laughter, mixed with a little downright masculine indignation, was the response to our Congregation being referred to as the Missionary Sisters of the Most Holy Trinity! Actually, our oi~cial title is Missionary Servants of the Most Holy Trinity (M.S.SS.T.). We have 230 priests and brothers engaged in missionary works and activities in fourteen states (mostly in the Southern dioceses), the District of Columbh and Puerto Rico. Our motherhouse is now in Silver Spring, Maryland. Our sisters community, Missionary Servants of the Most Blessed Trinity (M.S.B.T.), has its motherhouse in Philadelphia, Pennsylvania. Over five hundred sisters labor in missionary, hospital and charity work throughout the United States, Puerto Rico and Cuba. They have a modern, distinct habit without the customary veil. The sisters have charge of the charity bureaus in many dioceses and arch-dioceses in the eastern section of our country. It was never the inten-tion of the founder, Father Thomas A. Judge, C.M., to establish two religious congregations. His interest and attention were given to foster~g the lay apostolate among souls who wished to dedicate themselves to this type of work for the Church. When some of these began to live a community type of life, they asked him to petition the proper ec-clesiastical authority to erect them as a religious community. Along with his two religious communities, the lay apostolate group in our Missionary Cenacle family continues to grow and expand. There are well over 1,500 members active in many sections of the country." 172 May, 1960 VIEWS, NEWS, PREVIEWS Summer Institutes and Courses Catholic University of America: The Mari~logy Program will be offered for the fourth time in the 1960 summer session. Registration dates are Jtme 22 to 25; classes begin June 27 and end with examinations, August 4 and 5. Courses are open to both undergraduates and graduates, with credits applicable towards degrees inthe field of religious education. A certificate is awarded those who complete a full two-summer program in the theology of our Blessed Lady. The lectures are under the direction of the Reverend Eamon R. Carroll, O.Carm, assistant professor of sacred theology at Catholic University and past president of the Mariological Society of America. Scheduled for 1960 are: "Advanced Mariology" (two credits) covering privileges of the Virgin Mary such as freedom from inherited and personal sin, fullness of grace, assumption, queenship, and the current question of the Mary-Church relationship; and "Marian Doctrine of Recent Popes" (two credits) covering analysis of papal statements of the past century, such as the Ineffabilis Deus of Plus IX, on the Immaculate Conception, the major rosary encyclicals of Leo XIII, the Ad diem illum of St. Pius X on spiritual motherhpod, the LUX veritatis of Plus XI on divine maternity, the Munificentissimus Deus of Pius XII on the assumption, and the Grata .recordatio of John XXIII on the rosary. A folder with full informatioK is available from the Registrar, The Catholic University of America, Washington 17, D.C. Dominican College, San Rafael, California: Registration for the summer session will take place on June 25 and 26. The session will close on August 3. An extensive undergraduate program leads to the Bachelor of Arts degree. The degree of Master of Arts may be gained in the fields of education,_ English, biochemistry, history, and religion. The graduate program in theology is under the direction of the Domin-ican Fathers of the Holy Name Province. The classes are open to grad-uate students who wish to benefit from them as well as to those who are taking the full program. For the summer of 1960, Father P. K. Meagher, O.P., S.T.M., will give a course in the Epistles of St. Paul; Father J. P. Kelly, D.P., S.T.M., courses in liturgy and ascetical theology; Father John Fearon, O.P., S.T.L., a course in canon law. Four courses will be available for those interested in the Confraternity of Christian Doctrine. Workshops are planned in drama, children's literature, music, and physical education. Religious who wish an M. A. degree from the Catholic University of America may take courses and satisfy all requirements at the Pacific Coast Branch on the Dominican College campus. Three large dormitories are available for sisters, and a new dining room for sisters, priests, and brothers. For the summer session announcement, write to Sister M. Richard, O.P., Dominican College, San Rafael, California. For~lham University: The Tenth Annual Institute on Religious and Sacerdotal Vocations will be held on the campus of Fordham University 173 VIEWS, NEWS, PREVIEWS Review for Religious on Wednesday, July 13, and Thursday, July 14. Priests, religious, and the laity interested in stimulating, encouraging, and promoting voca-tions to the priesthood or religious life are invited to be present. The Fifth Annual Workshop for the Mistresses of Novices, Postulants, and Junior Professed will be held from Monday, July 18, until Friday, July 22, inclusive. The lecturers will be the Reverend Martin J. Neylon, S.J., Novice Master, St. Andrew-on-Hudson, Poughkeepsie, New York; Reverend Edmund J. Hogan, S.J., Chairman of the Department of Theology, Fairfield University, Fairfield, Connecticut; Reverend Joseph G. Keegan, S.J., Department of Psychology, Fordham Uni-versity. The topics to be discussed will be: The Adjustment of the Novice, Prayer, Emotional Maturity in Religious. The Fourth Annual Workshop for Local Superiors will be held from Monday, July 25, until Friday, July 29, inclusive. The lecturers will be Reverend Edmund J. Hogan, S.J., Reverend Joseph G. Keegan, S.J, and Reverend John F. Gilson, S.J., Vice-Chairman, Division of Educational Psychology, Measurements, and Guidance, School of Education, Fordham Uni-versity. The topics to be discussed will be: Prayer, Emotional Maturity, The Spiritual Ideal of the Local Superior. Address all communications to: Reverend John F. Gilson, S.J., Director of Institutes and Workshops, Fordham University, New York 7, New York. Gonzaga University, Spokane, Washington: The summer session for 196o will include three two-week institutes for sisters: "Writings of St. John of the Cross" conducted by Fathers Louis Haven, S.J., and Michael McHugh, S.J., from June 20 to July 1; "Understanding Human Nature," by Fathers Van Christoph, S.J,, and John Evoy, S.J., from July 5 to July 15; "The Last Things," by Fathers Joseph Conwell, S.J., Leo Robinson, S.J., and Vincent Beuzer, S:J., from July 18 to July 29. There will also be a two-week institute for priests from July 18 to 29 in the mornings, on psychological guidance, conducted by Fathers John Evoy, S.J., and Van Christoph, S.J. 'For information about the second year of the Master of Arts program in Sacred Theology (five summer cycle) write to the Reverend Joseph Conwell, S.J., Chairman, Gonzaga University, East 502 Boone Avenue, Spokane 2, Washington. Immaculate Conception Seminary, Conception, Missouri: A pastoral institute will be held this summer for priests and clerics in major orders, both diocesan and religious. The full coursewill'run for eight weeks, June 19 to August 14; however, any number of two-week periods may be attended. The institute is designed to furnish instruction beyond the regular four-year course in theology. For the religious who attend, the days of class may count toward the days of formal instruction required by the apostolic constitution Sedes sapientiae and the annexed Statuta generalia. For information on the institute write to: Director of the Pastoral Institute, Conception Seminary, Conception, Missouri. 174 May, 1960 QUESTIONS AND ANSWERS Saint Joseph's College, Rensselaer Indiana: An Institute of Liturgical Music, largely modeled after,the Corso Ordinario of Gregorian Chant of the Pontifical Instittite 6f Sacred Music in Rome~, has been initiated. The institute will be held every summer; this year, from June 20 to July 30. The program is open to priests, brothers, sisters, seminarians, lay men' and lay'women. It will offer a comprehedsive program of theory, chant, polyphony~ organ, and so forth, leading to the Bachelor of Arts d'~gree in Liturgical" Music for those students Who have a bachelor's degree from a recognized college or university, or to a Certificate in Liturgical Music for tho~e who do not have a bachelor's degree. All courses in chant and polyphony will be taught by instructors who have been schooled in the Pontifical Institute of Sacred Music in Rome. The faculty Will include Fathe~ Lawrence Heiman, C.PP.S., of St. Joseph's College and chah~nan of the Institute;, Father Eugene Lin-dusky, O.S.C,, of Crosier Seminary, Onamia, .Minnesota; and Mr. Noel Goemanne, choir director and organist'at St. Rita's Church, Detroit, Michigan. Fathers Heiman and Lindusky hold degrees from the Pon-tifical Institute in Rome, Mr. Goemanne, a former student of Flor Peeters, holds a Laureate from Lemmens Institute in Mechelen, Bel-gium. Further',Inform~tion may be obtained by writing to Father Lawrence Heiman, C.PP.S., St. Joseph's College, Rensselaer, Indiana. ( uestions and Answers [The following answers a~e given by Father Joseph F. (~allen, S. J., professor of canon law at Woodstock College, Woodstock, Maryland.I The following questions and ariswers are a continuation of the series on local houses and local superiors which was begun in the March, 1960, issue of the RsvI~.w. 15. We are a clerical exempt order. We have a parish, high school, and'college under the one religious superior. Therefore, there is only one canonically erected house and only one moral person. What permissions do we need to transfer the college classrooms to a location two miles distant from the present location but within the same diocese? Must we have a further permission later when the college faculty begins to reside at the new location while re-maining, however, under the authority of one and the same local superior as at present? This is a question of a separated establishment (c. 497, § 3). Sep-arated establishments, whether built or opened, that is, to be constructed or used as such in a building already constructed, demand for validity the special written permission, of the ordinary of the place of the estab-lishment. For validity, the permission must be in writing; and the argument is the same as that given in Question 11. This permission 175 QUESTIONS AND ANSWERS Review for Religious of the ordinary is sufficient for any institute, even if exempt (cf. Question 13). The permission is special in the sense that it must be distinct from that given for the canonically erected house to which the establishment is attached. These establishments may be for any purpose whatever, for example, all types of schools; hospitals; clinics; orphanages; homes for the aged, the poor, or delinquents; recreation centers; places for the education of candidates for the institute, and so forth. Their two distinctive notes are that they are separated from and are part of the canonically erected houses to which they are attached. If they are not separated, for example, to be located on the same grounds, no permission of the local ordinary is necessary, unless such a work was excluded in the permission for the religious house. Separation was defined in Ques-tion 2. If they are to be canonically erected houses, all the formalities described above in Questions 11-13 are necessary. All strictly filial houses obviously come under the. present heading, since they are merely separated establishments in which the religious reside. Authors frequently presume that all such establishments are filial houses, that is, that the religious reside in them. This is not always true, for example, as in the present question, religious have begun colleges at a distance from their house without residing in the college for a considerable period after its opening. No added permission would be necessary to begin residence in such a case, since this is not a formal external change in the establishment nor in itself anything that demands an immediate change of the establishment into a canonically erected house. If a small school is opened by a parish or diocese and sisters residing in another house are engaged simply to teach in it, the special permission of canon 497 is not required, because the institute itself did not build or open this establishment. The special permission will be necessary if and when the sisters are to reside in the small house as a filial house. It is more probable that a separated establishment or filial house should be located at least within the same diocese as the canonically erected house of which it is part, since the canon demands a special written permission for either of these, that is, one distinct from that given for ,the canonically erected house, and thus appears to state that the same local ordinary is to give both permissions. Several' authors exclude a long distance between the canonically erected house and its dependencies. They argue that otherwise the dependence would be apparent rather than real and that the members of the filial house would not be able to exercise their rights in the canonically erected house (cf. Question 6). Neither of these arguments appears to be certain. The dependence of the filial house is less when the authority of the one in charge is delegated by a higher superior, as may be done and is the practice in centralized institutes. It is certainly the practice of religious institutes to locate especially filial houses at a distance and in other dioceses, and constitutions approved by the Holy See contain no general 176 May, 1960 QUESTIONS AND ANSWERS norm contrary to this practice. When a separated establishment or filial house is to be located in
Issue 16.5 of the Review for Religious, 1957. ; A. M. D. G. Review for Religious SEPTEMBER 15, 1957 God's Living Sermon . Bonaventure Balsam Dismissal in Lay Institutes . Jo,eph g. ~,allen Our Supernatural Organism . Daniel J. M. Callahan Book Reviews Questions and Answers Roman Documents VOLUME 16 NUMBER 5 RI::VII:::W FOR RI:LIGIOU.S VOLUME 16 SEPTEMBER, 1957 NUMBER, 5 CONTENTS GOD'S LIVING SERMON AND MYSTERY-- Bonaventure Balsam, O.P . 257 DISMISSAL OF RELIGIOUS IN LAY INSTITUTES-- Joseph F. Gallen, S.J . 265 SOME BOOKS RECEIVED . 292 OUR SUPERNATURAL ORGANISMu Daniel J. M. Callahan, S.J . 293 OUR CONTRIBUTORS . i99 SURVEY OF ROMAN DOCUMENTS--R. F. Smith, S.J . 300 QUESTIONS AND ANSWERS: 29. Professed of Temporary Vows and Return to Motherhouse for Perpetual Profession . " . '.309 30. Adaptation and Renovation and New Laws on Poverty . 310 31. Last Gospel According to the Simplified Rubrics .312 32. Masses. Permitted on the Saturday of Our Lady . 312 33. Personal Gifts and Poverty . 312 BOOK REVIEWS AND ANNOUNCEMENTS: Editor: Bernard A. Hausmann, S.J. West Baden College West Baden Springs, Indiana . 313 REVIEW FOR RELIGIOUS, September, 1957. Vol. 16, No. 5. Published bi-monthly by The Queen's World, 3115 South Grand Blvd., St. Louis 18, Mo. Edited by the Jesuit Fathers of St. Mary's College, St. Marys, Kansas, with ecclesiastical approval. Second class mail privilege authorized at St. Louis, Mo. Editorial Board: Augustine G. Ellard, S.J.; Gerald Kelly, S.J., Henry Willmering, S.J. Literary Editor: Robert F. Weiss, S.J. Copyright, 1957, by The Queen's Work. Subscription price in U.S.A. and Canada: 3 dollars a year; 50 cents a copy. Printed in U.S.A. Please send all renewals and new subscriptions to: Review for Religious, 3115 South Grand Boulevard. St. Louis 18, Missouri. God's Living Sermon and Myst:ery Bonavent:ure Balsam, O.P. WE CANNOT LOVE, reverence, and respect what we do not know: A religious priest, brother, or sister will never love and appreciate his life and vocation as much as it is lovable unless he first sees and tastes the indescribable nobility of that vocation. We begin to evaluate a thing rightly only when we begin to see it, to understand it, rightly. Misguided love follows on misguided and false knowledge, detestation often follows on the footsteps of ignorance. To a very great extent, the intensity' and scope of our love will depend on the genuineness and grasp of our knowledge. All religious preach God. They do so, not so much by word of mouth as by their whole life. Their preaching--and this is the judgment of the great minds of the Church- since it is by action, can make a far deeper and more lasting im-pression on the world than any or all the sermons preached in Notre Dame Cathedral. For religious are their own sermon and their own cathedral. In preparing and preaching .their sermon to the world, they must study, not so much the spoken word, as the far more powerful and vocal deed. If .we could summarize in a few words the influence which it is the role of a religious to have on the world about him, it is this: it is his vocation in life to teach the whole world this v~ery important lesson, "We have here no lasting city, but we look for 6ne which is to come." By their life, religious must preach that lesson to the world. It is the holy and privileged task of every religious to make the world unworldly, to teach the world to be divine, and to lift up the mind and heart of the world to God in one great offertory. The vocation of a religious is brought home to him every day in the Preface of 257 BONAVENTURE BALSAM. Review for Religious the Mass; he is to lift up the heart of the world to God in love, "Sursum Corda.'" And where a religious does not find love, he must see to.it that God puts love there. As St. John of the Cross says: "~ 'here there is no love, you must put love." To preach that sermon with its double element of detachment from the world and clinging to God is the vocation, par rxcellence, of every religious brother and sister. In a special way, and by special right, religious can apply to themselves the words of the same St. John: "The life of every religious sho~,ld be a complete doctrinal sermon." The life of every religious is one continuous paradox, a divine anomaly. Religious must love the whole world and everyone in it; yet they must ceaselessly try to keep it dis-satisfied with itself, discontented. Their life is one of opposi. tion to the spirit of the world and its maxims, one of constant disagreement and protest. That is a most unenviable task; and, like all opposition and protest, it brings with it much enmity and misunderstanding. That is why the-world often and in many ways misunderstands religious and scorns them. That is why, too, religious sometimes misunderstand them-selves and their role in the salvation of the world. In walk-ing down the street, every step a religious takes is a sort of step of protest, of admonition. He protests to the world and warns it that the glitter and tinsel meeting the eyes on all sides are all too ephemeral and passing and petty and that the only One worth living for and loving with every fibre of one's being is God. The way that they teach this to the world which they live in, but away from, is a most efficacious one. Religious preach to the world by the daily living of their vows which make their life unearthly because heavenly. By their vow of poverty religious lecture on the unending wonders of divine Providence. They lecture on that subject though they may never actually utter a word about it; they do not have to, for they live their subject. By the mere fact that they have freely and gladly relinquished all claim and aspira- 258 September, 1957 GOD'S LIVING SERMON tion to this world's goods, religious proclaim to the world that they trust in God's divine providence with an unshakeable confidence and that "possessing nothing, they have all things." For they have learned to "cast your care upon the Lord, who cares for you." Religious daily experience the truth of St. Paul's words: "As needy though enriching many; as having nothing and possessing all things." By that childlike confi-dence in divine Providence, a confidence solidified andmade a very part of their life and reridered inamissible, as it were, by their vow of poverty, religious take at face value the loving promise of our Lord that, if God is ever careful to feed the birds of the air and clothe the grass of the fields, will He not take infinitely greater care of a religious who is of much more value than they and the rest of the material universe combined? Moreover, by their vow of poverty religious te.ach a materialistic world an important lesson in divine economics, for they teach the world a proper sense of values, a divinely wise and exact evaluation of all creation. Religious appraise things for what they are--and are not--and proper ap-praisal of a thing is indispensable for its true appreciation and enjoyment. One can never love a thing rightly until one knows its true value; j~ust as one can never know its worth unless one knows the value God places on it. All of which means that we can never love a creature rightly except in and through God Who makes it worth whatever it is. In teaching mankind all this by ~he daily living of their vow of poverty, religious are teaching a most wise lesson. In so doing, they themselves become more wise and share their wisdom with others. For it belongs to the wise man to order and evaluate things rightly. By their vow of chastity, religious teach the world another saving lesson; they teach a selfish and unsacrificing world the value of sacrifice. Religious teach the world the fruitfulness of unfruitfulness. They teach the world that in order to win more of the children of God they have given them up. Relig- 259 BONAVENT~JRE BALSAM Review for Religious ious teach a grasping world that, in order to gain what is really worthwhile, one must lose what is really not worthwhile. They teach the world that oi~ten the only way to conquer is to surrender and that everything that one gives up for God he gains back again in God, and "pressed down, in good measure, and flowing over." And God besides. Religious give up a lesser privilege t~or a .greater one; they t~orego the privilege of bringing children into the world because to that privilege they pret~er the greater privilegi~ of bringing God into the world. So, in actuality, the chaste brotherhood or sisterhood of a religious is far more fruitful and noble than wedded t:ather-hood, or motherhood. There is something more that religious can do t~or the world and for God's children which often goes unappreciated even by themselves. Religious should realize the element of personal reparation and vicarious atonement inherent in their vow of chastity./ Vices are not only expelled, but are most fittingly atoned for, by. their opposite virtues. Religious are God's "chosen pedple." They stay the avenging hand of God by the purity of their lives. God, in looking upon the un-earthly purity of His religious, is moved to forgive the morass of impurity in which a great part of mankind is floundering and to give it grace to repent and change its evil ways. Here, again, the life of religious is a living protest to a "wicked and adulterous generation." The protest they lodge against the world is the silent protest ot~ their unassuming though uncon-cealable modesty and purity which, "like a city seated on a mountain top, cannot be hid." By their entire and absolute chastity, religious work to make this carnal world into a holy and pure generation. They must offer up their chastify, which makes them akin to the angels, as a protest to the world and and as a propitiatory sacrifice for its unspeakable impurities. Only the pure o~ heart will ever see God,. and they alone will be able to show God to others. God makes use o~ the conse-crated purity ot~ a religious to sterilize the world ot~ its in~ection 260 September, 1957 GOD'S LIVING. SERMON of impurity. Thus the~ freely chosen childlessness of religious is, .indeed, most fertile of good--their holy barrenness begets countless children of God. By their vow of obedience, religious proclaim to the world that the root of all sin lies in inordinate self-love and inordinate self-will. And they teach the world the remedy fo~ this ill. By their obedience, religious tell the world that the only way to escape out of the maddening labyrinth "of self and selfish-ness is to take one's will in both hands and exchange it for the #111 of God by riveting it to His most Sacred' Heart. The o~nly way to be truly free is.to serve m to serve God without stint. In this exchange of wills one's own narrowness and smallness are exchanged for the infinite generosity of God. The stagnate pool of selfishness ,is displaced by7 the restless sea of love which is God's holy will. And since the will of God is the cause of all good; since, too, religious have exchanged their will for His by vow, then they too will bring into the world and into the lives of men unlimited good. Religiods, by the life they lead, will diffuse through the universe some of the infinite goodness of God. In this vowed exchange of wills with God, religious be-come more and more sinless. For the more God's will dis- 'places theirs and becomes the motive force of their life and actions, the more religious approa.ch the state of impeccability --the impeccability of God's holy will. Hence, the more and longer God's. will works in them, the less will they fall into daily sins and faults, and the more they will do, and diffuse, good about them. The world seeing this transformation in religious, their own fellowmen, will first wonder at them, then admire them, and finally imitate them. And when the world imitates them, religious thus renew the face of the earth. They and the life they live. Besides being a living sermon on G~d, every religious is a living mystery also. Religious must have all the elements 261 BONAVENTURE BALSAM Review for Religious about them of a true mystery of faith. They must be thor-oughly supernatural. They must think, will, and act always on a supernatural plane. They must survey the whole of their own life and every event that befalls them from that super-natural ~vantage point, from the loft~; peaks of faith. Their viewpoint, their perspective of everything will always and every-where be determined by faith. Nothing will be purposeless; everything will be judged according to a divine pattern. All their assignments, and the minutest details and circumstances surrounding those assignments, must be looked upon and judged with the eyes of faith. The hardships and crosses of a par- ' ticular assignment, the trials and difficulties attached to an act of obedience, the misunderstandings and false accusations that may dog their steps, all these must be seen in their supernatural light. They must be seen as~having a definite .place in God's plan for their sanctification and salvation. Never will religious live on the merely natural level mthe level of those who have no faith. Rather, they must, under all circumstances, "live in such a way that their life would not make sense if God did not exist." God and their great faith in God must determine every decision religious make, must be the heart in every one of their motives for acting. By profession, and even more by religious consecration, religious belong to God and are familiar with God's ways. But religious are a living mystery for more reasons than that. As in the case of every' mystery, their life is one of im-penetrable paradox. Religious are in the very midst of the wo~ld, though they can never claim any of it as their own. By profession, they are consecrated down to their fingertips. Though they are vowed to seek after that peace which only God can give, still they are ever stirring up discontent and dissatisfaction. They are ever fomenting a rebellion against the ways of the world. A religious is an aposde of elevation; his whole life tends to. raise the general worth and standards of. mankind by the 262 September, 1957 GOD'S LIVING SERMON unearthliness and loftiness of his own life. He is the divine yeast in the rather inert and formless mass'of humanity without God. He is what the priest has been called, "the minister of restlessness." In looking upon his life, the world is wounded with a sort of tormenting longing for the divine. A religious may be rightly called "an apostle of the abso-lute." He is ever on a relentless search, a quest, not for that which is merely good, but for that which is God, for the Per-fect. His very religious consecration makes him ever a pilgrim, ever a foreigner to this wor/d, and en route to see the face of God. Whatever he finds, good, whether in himself or in others, he must ever try to make better. He is gripped by a continu-ous and divine unrest, which, oddly enough, is the great source of the profound peace which surrounds his life. That unrest takes the form of a hunger to be more united to God, though he knows full well that divine union must entail the painful surrendering of deep-seated attachments. It entails turning a deaf ear to the unending call of the flesh to pla~ riot in the warm fields of its pleasures; it entails purging out of one's spiritual organism the multiplicity of sins which plague it and keep it undeveloped, ~tunted, and impede its more complete union with God. All this means pain, struggle, denial, sacri-fice, and death. But the religious is equally aware that in the midst of all this struggle to embrace his God and never to let Him go there is a joy that makes all this tremendous effort and strife insignificant, short-lived, accountable as nothing at all. He knows that the more he peels away the outer bark of bitter self, the more he sees and tastes of the fruit of God with-in. He knows that the sufferinss of these times are like seasoning, sharp and bitter, but necessary to taste one's God, indeed to consume Him in love. Like ev.ery mystery, the religious .must remain beyond. the ken and grasp of the generality of mankind. He will be misunderstood, his actions misconstrued. So lofty and extra-ordinary is his life that those who see only with a fleshly eye 263 BONAVENTURE BALSAM will say that it is impossible or a huge deception. He will be considered a cowardly fugitive from the world, from reality; 'whereas, in truth, he pursues thd world in its flight from God, takes it in his arms as a father does a recalcitrant child, and offers it up to God in love. Instead of being a dreamer, as he is accused of being, he is the world's greatest realist, for he knows and appreciates God, the cause of all reality, and claims Him as his very own possession and gift to the world. Since he is a sort of special creation of God, the religious must remain unknown; he must n~ver become profane. When his life becomes common, banal, vulgar, a byword among the people, he is no longer a living and sacred mystery; he is now common knowledge. He has then lost that necessary quality of' super-naturalness. He must ever remain like a beautiful tree with its roots hidden in the earth and its head and heart in the heavens. Every religious is a living mystery. Like every divine mystery, he must be accessible to all those who ai, e seeking God. He and his life must ever be a source of awe for the world. Being a pilgrim and an apostle of the absolute, of perfection, he must keep the world dissatisfied, discontented with its smug and mediocre ways. He must be .the tangible and living expres-sion of the life of God and the degree in which it can be shared by grace. His life must be one of elevation, of an offertory. Sworn to pursue perfection, he must make himself and the world one grand host of love offered up to God in adoration, thanksgiving, petition, and atonement. From ttie rising of the sun even to the going down thereof, the religious must be a liv!ng mystery and sermon of God. 264 Dismissal ot: Religious in Lay Insfit:u es Lloseph g. Gallen, S.,J. 1. Definition. Dismissal is the compulsory departure from a religious institute during the time of the vows of the religious. Any religious, whether of solemn or simple vows, perpetual or temporary, may be dismissed. Dismissal is effected by the de-cree of the competent superior and by law, ipso facto, or automatically because of the commission of any of the crimes specified in canon 646. The present article is confined to the dismissal of religious in lay institutes. However, the norms are the same in other institutes for the dismissal of a professed of temporary vows and also for men of perpetual vows in a clerical non-exempt institute. The canonical prescriptions for the dis-missal of a clerical or lay religious man of perpetual vows in a clerical and exempt institute are likewise the same as in a lay institute of men except that in the former the crimes, admoni-tions, and incorrigibility must be proved in a judicial process. The provisional return to secular life is essentially the same in a clerical exempt institute (cc. 653; 668). The laws of the code and of the particular constitutions must be accurately' and sincerely observed in a dismissal. They were enacted to protect the rights of both the institute and the individual religious. It is very likely that an unusual number of highly unsatisfactory religious justifies a complaint against facility of admission and retention during the probationary periods rather than against the difficulty of dismissal. It is evident, also that the age of the religious is to be considered before deciding on the formalities of a dismissal, even though this is not mentioned in the code. Older religious should be dismissed only for most serious reasons. Their adjustment to secular life, especially in the case of a religious woman, is obvi-ousl'y more difficult. A religious whose conduct merits serious 265 JOSEPH F. GALLEN Review for Religious thoughts of dismissal should practically always be first encour-aged to ask for an indult of secularization. Those who are found certainly unsuitable at any time during temporary pro-fession are to be counseled to ask foi: an indult of secularization rather than to wait until the voluntary departure or exclusion at the expiration of temporary vows. I. Competent Authority for Dismissal by Decree and for Final Adjudication of Provisional Sending Back to Secular Life . 2. In pontifical congregations. (a) For professed men and women of temporary vows (c. 647, § 1). The competent authority is the superior general with the deliberative and secret vote of his council. In the few constitutions where his part in any dismissal is mentioned, it is prescribed that the pro-vincial should consult his council before proposing a dismissal to the superior general. The provincial will usually, in fact, initiate a dismissal by proposing it to the superior general, Since the matter is one of greater importance, in prudence he should at lea~t ordinarily consult his council before doing so. (b) For professed of perpetual vows. 1° In congregations of men (c. 650, § 2, 2°). The superior general with the consent of his council is competent to decree the dismissal, but his decree has no effect until it is confirmed by the Sacred Congregation of Religious. 2° In congregations of women (c. 652, § 3). The Sac/ed Congregation of Religious alone is competent to decree the dismissal. 32 For professed of temporary or perpetual vows in diocesan congregations of men or women (cc. 647, § 1; 650, § 2, 1°; 652, § 1). The competent authority in all cases of men or women is the ordinary of the diocese where the house to which the religious is attached is located. The ordinary of the diocese of the generalate is competent only for religious attached to houses' in his diocese. In virtue of canon 647, § 1, the local ordinary may certainly initiate the dismissal of a professed of temporary vows. He probably possesses the same .right with regard to professed men or women of perpetual vows.' If the 266 September, 1957 DISMISSAL IN LAY INSTITUTES ordinary initiates the dismissal, he is obliged to inform the superior general before dismissing the religious. He is also obliged to give consideration to the reasons the superior gen-eral proposes against the dismissal and is forbidden to dismiss a religious, if this superior ha~ just reasons against it. If he does so, the superior general has the right of recurring to the Sacred Congregation of Religious. 4. Societies living in common without~ public vows (c. 681). The norms of dismissal for pontifical and diocesan religious congregations ~pply also to these pontifical and diocesan socie-ties, i. e., the norms for the professed of temporary vows apply to members whose bond is temporary, those for religious of perpetual vows to members whose bond in such a society is per-petual. 5. In monasteries of nuns. (a) For professed of temporary vows .(c. 647, § 1). If the monastery is not subject to regu-lars, the competent authority is the local ordinary of the mon-astery. If the monastery is subject to regulars: two opinions are probable, i. e., the competent authority is either only the regular superior or, the more probable opinion, the regular superior and the local ordinary acting conjointly. (b) For professed of perpetual vows (c. 652, § 2). The competent authority is the Sacred Congregation of Religious, but all the documents and acks of the case are to be transmitted to the congregation by the local ordinary of the monastery with his own vote and that of .the regular superior, if the mon-astery is subject to regulars. 6. Obligation of competent authorities. The competent au-thorities, as well as the superior and his council who propose a dismissal to such authority, have a grave obligation in con-science to observe the norms for dismissal imposed by canon law (cf. c. 647, § 2). ~ Tabera, Corntnent,~rium Pro Reli]io$i$, 13-1932-124-25; 14-1933-35; Schaet:er, De Religiosis, n. 1602; Quinn, Relation of t/~e Local Ordinary to Religious o/ Diocesan/l$/~ro¢,al, 103-105. 267 JOSEPH F. GALLEN Review for Religious . II. Dismissal by Decree of a Professed of Temporary Vows (cc. 647-48) 7. Sufficient" reasons for dismissal. (a) ' General principles (c. 647, § 2, 1°.3°). The authority dismissing a religious of tem-porary vows must have. moral certainty, i. e., a judg,ment that excludes a founded doubt, of the existence and sufficiency of the reasons. The reasons must be external to the extent that they are known by others. They mu~t also be ~sekious'or grave, which does not imply serious moral culp~ibilit~ or any culpa-bility at all. The general principies on the sufficiency 0f the reasons are that it is to the good of the institute not to retain the subject; the institute will suffer a notable harm or serious incon;cenience in retaining him; there is no hope that ~he reli-gious will be able to conform his life in a creditable or praise-worthy manner to the demands of .the constitutions; "lie lacks the general aptitude for the religious life or the special aptitude requisite for the spiritual life or works of. the particular insti-tute; and any reason is sufficient that is of the same or greater import than that stated by way of example in canon 647, § 2, 2°, i. e., a defect of religious spirit that 'is a cause of scandal to others. It is probable, as under exclusion from a further profession,~ that after more than six prescribed years in tem-porary vows a religious may be dismissed or~ly for reasons that are sufficient to dismiss a professed of perpetual vows. (b) Particular sufficient reasons (c. 647, § 2, 2°). A sufficient reason on the part of the institute is the lack of aptitude stated in the preceding paragraph. Sufficient-reasons on the part of the religious himself can be reduced to intelledtual defects, which is included under aptitude above, to health, which will be explained below, and to moral defects. Moral defects constitute" tl~e principal motive for dismissal. The code mentions only one sufficient cause of dismissal by way of ex-ample, and this is a habitual moral defect, i. e., a defect of 2Cf./IEwsw FOg RELXG~OL~S, July, 1957, 216-18. 268 September, 1957 DISMISSAL IN LAY ]INSTITUTES religious spirit that is a cause of scandal to others. This defect can be ascertained from the conduct and motives of the religious and from the effect of his conduct on others. Such a religious seems to lack all supernatural motives, and' acts almost constantly from those that are purely natural. He is de~oid of love, attachment, and devotion to the religious life and its duties. His transgressions arise from habitual negligence, sloth, weariness, perversity, and ill will, not from accidental weakness and frailty. He ,manifests little care or effort for per-sonal sanctification. In his conduct he "habitually violates the constitutions, rules, customs, and usages of the.institute, even if not in relatively serious matters. He obeys superiors with diffi-culty in matters that are not strictly commanded. He habitually omits, performs carelessly, or places little value on religious exer-cises. In its effect on others, the conduct described above is already scandalous in a person consecrated to God. Such conduct and the fact that .the motives and state of his will externally manifest themselves decrease in others respect and 'devotion to the religious life and its duties and make observance of religious disci-pline by others more difficult. Often there, is added the direct insti-gation of others to violations of religious duties and discipline. Among the equivalent habitual moral defects are the follow-ing. 1° Obedience. Habitual, unwilling, and grudging obedience; .habitual murmuring against and criticism of superiors; habitual negligence in fulfilling duties assigned by superiors. 2° Poverty. Repeated violations of the vow and of common life, even if not in serious matters. 3° Anger. One who is habitually quarrelsome or has an" ungovernable temper that~ breaks out in frequent and serious fitsof anger and causes frequent disturb-ance of the peace of the community, loss of peace of soul, insults, and injuries to companions, .and dissensions in the community. 4° Charity. One who is addicted to faults of the tongue that annoy, disturb, or provoke others to quarrels, Or that consist of frequent calumnies, detractions, imprudenc~e in speech or violations of secrets. 5° Disturber of the peace. A 269 JOSEPH F. GALLEN Review for Religious habitual disturber of the peace of the community who creates or fosters dissatisfaction, dissensions, factions, or provokes to quarrels. 8. Necessity of repeated admonition and salutary penance with-out effect (c. 647, § 2, 2°). Any habitual moral defect is a sufficient reason for dismissal only when a repeated admonition together with a salutary penance has produced no effect. The code demands only that the subject should have been admon-ished at least twice, orally or in writing, secretly or in a manner /hat can be proved, by a local or higher superior, to reform his conduct. Canon law does not require here that the admoni-tion be given in virtue of a mandate from a higher superior or that a threat of dismissal be. added to the admonition. The salutary penance to be added to each admonition i~ one suitable for effecting the reform of the religious and the reparation of the scandal" already given. It will consist of the penances in use in the particular institute, e. g., recitation of determined prayers, an act of humility, or a public acknowledgment or reprehension of defects. A sufficient period of time is to be allowed to pass "after the second admonition to permit the religious to reform his conduct. After this period, if he has ¯ nbt reformed his conduct to such an extent that it can no longer be considered a sufficient cause for dismissal, he may be dismissed. Both for the reform of the religious and proof in the eCent of dismissal and recourse, the more secure and prudent ¯ dgctrine is to be followed in practice, i. e., a threat of dismissal is to be added to each admonition and the admonition and penance are to be given in such a way that there will be proof that both were given and received. This can be accomplished b'y¯giving the admonition and penance before two witnesses or in writing. A copy of such a document is to be retained. by the institute. 9. A single act as a sufficient reason. A religious of temporary vows may be dismissed because of a very serious single act, 270 September, 1957 DISMISSAL IN LAY INSTITUTES e. g., a grave external s_in against chastity; formal contempt of the authority of superiors; violation of a formal precept .of obedience; an act that creates a danger of notable harm or infamy to the institute; serious scandal given once or twice in the community, or what is more serious, to seculars, when there are indications that the same thing will happen again.-~ A pro-fessed of temporary vows who becomes a fugitive from religion or does the same thing as an apostate from religion, even though he cannot technically be called an apostate because he is not in perpetual vows, may be dismissed because of either of these acts. :~ 10. Insul/icient reasons (c. 647, ~ 2, 2°). The statement of the religious that he never possessed or has lost a religious vocation or the mere agreement of the institute and the religious that he be dismissed are insufficient reasons. In either case, the religious, giving all the reasons that actually exist, may ask for an indult of secularization or may wait and depart at the expiration of temporary vows. Ill health is a sufficient reason for dismissal only if it was certainly fraudule.ntly concealed or dissimulated before the first profession of temporary' vows. Everything said under exclusion from a further profession because of ill health, lack of ability arising from ill health, ailments such as hysteria and neurasthenia, and insanity apply here also.~ 11. Procedure (c. 647, § 2, 3°). No special process is pre-scribed for attaining certainty of the existence and sufficiency of the reasons for dismissal nor for decreeing the dismissal. If it is d~cided to proceed to dismissal, the .necessary preliminary data should be written out first, i. e., the religious and family name of the subject, age, date of entrance into the postulancy and noviceship, date or dates of temporary profession, and the houses and employments to which the religious had been assigned. To this should be added a brief and accurate descrip-tion of the previous conduct of the religious. The formalities 3 Cf. REVIEW FOR RELIGIOUS, May, 1957, 162-63. -1 Cf. REVIEW FOR RELIGIOUS, July, 1957, 219-20. 271 JOSEPH F. GALLEN Review for Religious of dismissal are practically always preceded by a protracted period o'f most unsatisfactory conduct. The decision on dis-missal is then to be studied and obviously with the greatest care. The matters to be decided are whether certain proof is had of the existence and sufficiency of the reasons, of the admonitions given privately and of those given in writing or before witnesses with a threat of dismissal, and of the lack of effect, of these admonitions. Proof of the existence of the reasons will ordinarily be from signed statements of local superiors and councilors, principals of schools, companions in religion, etc. Canon 647, ~ 2, 3°, prescribes that all the reasons for dismissal, not the proofs nor the names of the witnesses, be manifested to the religious orally or in writing before dismissal. The proposal of the reasons in writing is preferable for proof. The religious must be given full liberty and a su~cient amount of. time to reply to the charges. He is .to be counseled to reply in writing. If his replies are given orally, they are to be taken down immediate!y in writing and he is to be requested to sign them. If he refuses, this is to be noted in the document on which his replies are given. His replies are to be submitted fully to the authority competent for dismissal. Everything given above in this number should have been followed also by the superior general and his council in a diocesan congregation and the superioress and her council in a monastery of nuns before tl~e written petition for dismissal is forwarded to the competent authority. The vote of the council should be given in writing to this authority. In a monastery of nuns, this vote must be deliberative.~ In a diocesan .congregation, the superior general will present the petition for a dismissal to the local ordinary; but the constitutions will frequently require the con-sultive or deliberative vote of his council for such a petition. The local ordinary and the regular superior must have certainty ~Cf. Tabera, Commentarium Pro Religiosis, 12-1931-372-73; Larraona, ibid., 2-1921-364-65; Schaefer, 010. cir., n. 1584. 272 September', 1957 DISMISSAL IN LAY INSTITUTES of the existence and sufficiency of the reasons alleged in the representations of the superior. They accordingly have the right and duty of investigating the existence of the reasons, although this is usually proved in the proposal of the superior, and of weighing the seriousness of these reasons. 12. Dismissal. If the decision is for dismissal, a decree" of dismissal should be drawn up containing the date, name of the religious, the reasons for dismissai, and the statement that the religious is therewith informed of his right of suspensive recourse against the decree to the Sacred Congregation of Religious. The decree should either be read to the religious or he should be given a copy of it. Either the original-or a copy of the decree and of all the proofs and documents in the case is to be retained in the files of the institute. It would be well to give the religi-ous a written statement to the effect that he was l~gitimately dismissed from the institute and freed of all his vows and obligations. In the presence of two religious as witnesses, the dismissed religious is to be asked to sign the following or a similar docu-ment after it has beenread to him. "I realize that I am hereby informed that'I have the 'right of recurring to the Sacred Congregation of Religious against this decree of dismissal and that, if I make this recourse within ten days from this date, such a recourse will suspend the effect of this decree until offi-cial notification is received that the decree has been confirmed by the same Sacred Congregation." The two religious witnesses are also to sign as such. If the dismissed religious will riot sign, this refusal is to be noted on the document; and the two religious witnesses ard also to attest on the document to this refusal. This document also is to be retained by the institute. If the religious has already left the institute illicitly, th'e notification of the decree and of the right of suspensive recourse is to be sent to him by certified mail, which provides for a receipt, to the sender and a record of delivery at the offi~ce of the address. 13. Suspensive recourse (c. 647, § 2, 4°). The one who 273 JOSEPH F. GALLEN Review for Religious communicates the decree of dismissal is counseled in a reply of the Sacred Congregation of Religious to inform the religious of his right of recourse.° This should always be done; and several authors advise that this information be included, as above, in the decree of dismissal. The religious has the right of making a suspensive recourse to the Sacred Congregation of Religious against the decree of dismissal within ten days from the date on which he was informed of the decree. The first day is not counted. If the religious was informed of the decree on June 1, the time begins to run on June 2 and expires ~it midnight of June 11-12. The time does not run for any period during which the subject is ignorant of his right or unable to act, e. g., because of illness. The recourse is to be made by letter, either immediately by the subject or mediately through the superior who communicated the decree to him. The subject is to give his reasons againsf the dismissal. Proof that he had made the recourse is had by the authentic document of his own letter or the testimony of two trustworthy witnesses. The recourse within ten, days suspends the effect of the decree, which is completely ineffective until the authority that issued the decree is notified of its confirmation by the Sacred Congre-gation of Religious. While the recourse is pending, the subject is not dismissed and remains a religious with the same obligations as any other professed of temporary vows. He has the right and obligation of dwelling, under obedience to superiors, in the religious house assigned by them. If the religious does not wish to make recourse but to leave the institute immediately after the. decree is communicated to him, he may do so. Superiors may oblige him to leave immediately only if he has declared in writing that he will not m~ike recourse.7 Otherwise the religious is to remain until the ten days have elapsed without recourse having been 0 Bouscaren, Canon Law Digest, 1,329. ¢ Cf. c. 1880, 9°; Coronata, Manuale Practicum luris Discipli~iaris et Criminalis Regularium, n. 248. 274 September, 1957~ DISMISSAL IN LAY INSTITUTES made. A subject may als6 make recourse after the lapse of the ten-day period, but such recourse does not suspend the effect of the dismissal, 14. Effects of dismissal (c. 648). Canon 648 frees a professed of temporary vows, as soon as the decree of dismissal is effective, from all the vo~,s of his religious profession. There is no need of a dispensation from the vows. The ~ther effects are the same as explained under secularization in the REVIEW FOR RELIGIOUS, September, 1956~ 233-36. III. Dismissal. By Decree of a Professed of~ Perpetual Vows (cc. 649,52; 669, .~ li 672, ~ 1) 15. Sufficient reasons. (a) In institutes of men (cc. 649; 656, I°). Three grave and external crimes of the same or different species in the proper sense of canon 2195, § 1, two admonitions, and incorrigibility a~e necessary. A violation of any positive law accompanied l~y special gravity or scandal is also a crime (c. 2222, § 1). The following are examples of sufficient ¯ reasons:' serious sins against common life, external si~s against chastity, disobedience to formal precepts, formal contempt of authority, rebellion against superiors, seriously impeding the government of superiors, creating or fomenting factions in the community, drunkenness, striking companions in religion, seri-ous diffamation of others or 0f the institute, apostasy or flight from religion, as also violations of the vows or of the ~onstitutions that constitute a specially grave offense or give rise to~ grave scandal in or outside the institute. These acts must be seriously sinful objectively and subjectively. Crimes of different species should be such as to reveal, when viewed collectively, a will obstinate in evil (c. 657).s (b) In institutes of women (c. 651, § 1). The same reasons are required for the dismissal of any religious woman of per-petual vows, whether solemn or simple. The reasons must be s Cf. Creusen, Religious Men and Women in the Code, n. 353; Bastien, Directoire Canonique, n. 634, 1, 1°; Tabera, op. cit., 14-1933-267; Beste, Introductio in Codicem, 443,448. 275 JOSEPH F. GALLEN Review for Religious external, culpable, serious, and joined with incorrigibility. The reasons have to be external to the extent that they are known by others. The code requires culpable but does not certainly demand seriously culpable reasons. Inculpable reasons, e. g., lack of aptitude and physical and intellectual defects do not suffice for the dismissal of a perpetually professed religious. The reasons must be serious or grave. Finally, the reasons must be joined with incorrigibility, i. e., attempts at correction were made and their lack of success proves that there is no hope of amendment. ~The following are general examples of sufficient reasons: violations of the vows, constitutions, and religious dis-cipline that are considered more serious, even though in them-selves they are not mortal sins, or that cause serious scandal in or outside the community; and conduct that causes a notable spiritual or temporal harm to the community. The following are examples of particular sufficient reasons: repeated violations of~the vow of poverty, even after admonitions, reprehensions, penances, and even though the matter in itself does not consti-tute a serious sin; repeated and more serious acts of disobedi-ence; exciting others to rebellion and insubordination; arousing others against superiors by word or conduct; impeding the authority of superiors; disturbing the peace of the community by constant murmuring and complaints; causing dissensions and factions in the community; and the diffamation of the institute or its members among seculars. The reasons given above for men also evidently suffice for the. dismissal of women, since less serious reasons are required for the dismissal of women. Incorrigibility supposes repeated or habitufil actions. There-fore, one violation does not suffice for the dismissal of a per-petually professed religious woman. As in the case of religious men of perpetual vows, there must be at least three violations or one continued violation which, after a double admonition, becomes vi'rtually three violations. These three violations may all be of the same species, e. g., all against poverty; they may be of different species, e. g., one against poverty, the second 276 September, 1957 DISMISSAL IN LAY INSTITUTES against obedience, and the third contrary to charity. The one continued violation is verified in such things as apostasy from religion, being a fugitive from religion, and a refusal to obey. The apostate who has been admonished twice to return to religion and refuses commits virtually three violations, the original act of apostasy and the two refusals to return (c. 657). 16. Attempts at correction and 'incorrigibility (cc. 649; 656- 62; 651, § i). Everything below on the admonitions and incor-rigibility is of obligation 'from canon law in lay institutes of men. The code does not determine just what' 'the attempts at correction are to consist of in the case 'of religious women but leaves these and the judgment of the incorrigibility to the supeiioress. However, the doctrine that is more probable :in itself and to be followed in practice is that the canons on religious men should be extended to women, i. e., there should be two admonitions coupled with suitable corrections and penances. When these produce no effect, the religious wom£n may be judged in-corrigible. 17. Admonitions (cc. 658-62). (a) Prerequisite certitude of first violation (c. 658). Before the first admonition may be given, there must be certitude, not mere suspicion, probability, or conjecture, of the commission of the first violation. If cer-titude is not had, a further investigation of the conduct of the religious may be. made. If the investigation does not give certitude, an admonition may not be given. (b) Matter of the admonitions (c. 661). The' essentialnotes of an admonition are three: the superior reprehends the religiou~ for the violation already committed; warns him to avoid slich conduct in the future; and adds a threat of dismissal if the religious should persist in such conduct. The thi:eat of dismissal is always to be added to the admonition in the case of a per-petually professed religious man or woman (c. 661,. § 3). 9 Statuta a Sororibus Externis 8er~anda, n. 119; Coronata, lnstltutiones luris Canonici, I, n. 651; Palombo, De Dimissione Religiosorum, n. 179; Tabera, o~. cit., 13-1932-123; Bastien o/,. tit., rt. 639, 3. 277 JOSEPH ~. GALLEN Review for Religious The superior is also to add to the admonitions: 1° an apt exhortation, i. e., to give motives to the religious for the reform of his conduct; 2° an apt correction, i. e., to show the religious the disorder of his past conduct, its effect on himself and .others, on the community and the institute; 3° preventive measures against a future violation. Almost necessarily these will imply putting the religious under the vigilance of a superior. Other such measures that the particular case demands are also to be employed, e. g., changing the employment or house of the religious and, in general, removing and lessening the occasion of a future violation. 4° apt penances. These are to be added to each admonition. Their aptitude is to be judged from their suitability for effecting the amendment of the religious and the reparation of the scandal already given. (c) Number and form of the admonitions (c. 660). There must be two admonitions, one for each of the first two viola-tions. In a continued violation, at least three full days must elapse between the first and second admonition. The admoni-tions are to be given in such a way that there will be proof that ' they were given and received. They are accordingly to be given before two witnesses or in writing.When given before witnesses, it is better to have the admonition also written out, to retain a copy, and have the two witnesses sign this copy to the effect that they witnessed the giving of the admonition. If given in ¯ writing, the religious is always to be made to sign a document to the effect that he received the admonition, a copy of the admonition is always to be retained, and two witnesses are to attest that the copy agrees with the original. If the religious is'outside the institute, e. g., as an apostate or fugitive, the admonition is to be sent to him in writing by certified mail (cf. n. 12). (d) Competent superior for admonitions (c. 659). In institutes of men, the admonitions should be given by the immediate higher superior personally or through another authorized for the purpose. An authorization given for the first admonition 278 September, 1957 DISMISSAL IN LA~ INSTITUTES suffices also for the second. From analogy, the same principles are to be followed in an institute of women. (e) Interval and violation after the second admonition (c. 662). After the second admonition, there must be a third vio-lation or a refusal to obey the second admonition in the case of a continued violation. An interval of at least six full days is to elap, se between the second admonition and any further action in a continued violation.'° After the third violation or the lapse of the six days without sincere repentance, the religious is canonically incorrigible and may be dismissed. If he sincerely repents within the six days, ¯ he is not incorrigible and may not be dismissed. If such repen-tance is verified only after the third violation or after the six days, action on the dismissal may be continued, since the religious is canonically incorrigible; but it would be better to discontinue such action provisionally, because the religious is not in fact incorrigible,n If the religious later commits another violation, the formalities of dismissal may be continued unless the reforma-tion of thereligious was sincere and complete. Such a reforma-tion excludes the computation or inclusion of past violations and admonitions and requires that the formalities of dismissal be begun anew. A sincere and complete reformation demands that the religious, e. g., have avoided the occasions of violations, have been willing to repair scandal by public penance, and have been more than ordinarily faithful to religious observance. The common doctrine is that such an amendment of conduct should have continued for three years, but a lesser space of time, e. g., a year, will su~ce in the case of extraordinary repentance.12 l°Cf. Tabera, 0p. cit., 14-1933-273; Toso, Commentaria Minora, II, II, 268; Chelodi-Ciprot~i, lus Canonicura de Personis, n. 291; De Carlo, Jus Religiosorum, n. 587. 11Cf. Goyeneche, De Religiosis, 217; De Carlo, oiO. cir., n. 587; Schaefer, oil: clt., n. 1629; Palombo, 0/~. cir., n. 113; Coronata, 0/L cir., 867; Beste, 0/~. cir., 450; Jone, Commentarium in Codicem Iuris Canonici, I, 586. ~2Cf. Goyeneche, op. cir., 217; De Carlo, oiO. cir., n. 587; Schaefer, o/,. cir., n. 1629; Palombo, op. tit., n. 114; Beste, oiO. cit., 450; Jone, o~O. tit., 586; Coropata, op. cit., 864. 279 JOSEPH F. GALLEN Review for Religious 18. Procedure (cc. 650-52). (a). Intervention of the superior general and his council. In pontifical or diocegan lay institutes of men, canon 650, §§ 1-2, not only require that- the dismissal of a professe~ of perpe~tual vows be submitted to th~ superior gen-eral but also demand a deliberative vote of his council for such a dismissal. Canon law "does not clearly demand the interven-tion of the mother general nor of her council in the dismissal of .a professed of perpetual vows. However, from analogy with the law on the dismissal of religious men of perpetual vows and the constant practice of the Sacred Congregation of Religi-ous in the approval of constitutions, the dismissal of a professed woman of perpetual vows in both pontifical'and diocesan congre-gations is to be referred to the mother general and h'er council and the council is to have a deliberative vote.la For the same reasons, the deliberative vote of the council is required in a monastery of nuns. The remarks on the provincial and his council in n. 2 (a)apply here also. A proviricial should prac-tically never initiate the formalities of dismissal except after having consulted the superior general. The superior general and his council should have the pre-liminary data on the' religious drawn up, as stated in n. 11. To'this document are to be added a description of the three violations, proof of their existence, and proof that the admoni-tions Were properly given and received. As explained in n. 11, the reasons for the dismissal are tg, be fully manifested to the religious; and his replies in writing are to be submitted to the authority competent for dismissal. The matters .to be decided are whether certain proof is had of the three violations, of the giving and reception of the admonitions, and of the incorrigi-bility of the religious. (b) If the decision is for dismissal. 1° In a pontifical congre-gation. The mother general is to transmit all the acts and a:~Cf. Larraona, Commentarium Pro Religlosis, 2-1921-364-66; Ta~era, op. cir., 14-1933-53-54; Schaefer, op. cit., n. 1608; Jone, op. cit., 578; Muzzarelli, Tractatus Canonicus de Congregationibus Iuris Dioecesani, 175; Goyeneche, op. cit., 219; Bastien, op. cir., n. 640. 280 September, 1957 DISMISSAL IN LAY INSTITUTES documents of the case along with the vote of her council to the Sacred Congregation of Religious (cf. n. 2). In a congregation of brothers, the same things are to be sent to .the Sacred Con-gregation. However, the brother general,, with the deliberative vote of his council, decrees the dismissal; but this has no effect until it is confirmed by the Sacred Congregation (cf. n. 2). A superior who transmits a case to the authority competent for dismissal may include further information from himself or the members of the council in, addition to the latter's vote. 2° In a diocesan congregation, of brothers or sisters. The same things are to be forwarded to the local ordinary (cf. n. 3). The matters to be decided by the ordinar~ are the same as those stated above. He may summon the religious, defer the dis-missal and prescribe further attempts at correction, deny the dismissal, or issue the decree of dismissal. 3° In a monastery of nuns. The superioress is to transmit the same things to the local ordinary and the regular superior (cf. n. 5). 19. Dismissal. The religious is dismissed only at the moment that he or she receives legitimate notification of the decree of dismissal or of the confirmation of the Sacred Congregation of Religious in the case of religious men.~ Before that time he may neither leave the institute nor may the institute eject him. He is then to leave the institute, unless he is a member of a diocesan congregation, as will be immediately explained. 20. Recourse. (a) In any pontifical lay institute of men or women. The religious may recur io the Holy See against the decree of dismissal, but this recourse does not suspend the effect of the dismissal. The code gives no such right, and the Holy See has both examined ihe reasons of the religious against the dismissal and has itself effected or confirmed the dismissal. (b) In any diocesan congregation of men or women. The code says nothing on the right of the religious to recur to the Holy See against a dismissal effected by the local ordinary. a4 Palombo, op. cit., nn. 144, 187; O'Leary, Rdi.oious Dismissed after Perpetual Profession, 47-50. 281 JOSEPH F. GALLEN Review for Religious However, it is admitted that the religious has the right of recur-ring. to the Sacred Congregation of Religious against the decree; and, if made within ten days from the date on which the religi-ous was informed of the decree, this recourse suspends the effect of the dismissal. This right to a suspensive recourse follows a fortiori from the fact that such a right is granted to a religious of temporary vows dismissed by the local ordinary (c. 647, ~ i, 4°). Therefore, everything said in n. 13 under ¯ the dismissal of a professed of temporary vows applies here also. 21'. Effects of dismissal (cc. 669, § 1; 672, § 1). (a) If dis-missal frees from the vows. The code itself (c. 669, § 1 ) does not free a dismissed religious of perpetual vows from the vows of religious profession by the very fact of the dismissal. Such a liberation may be effected by a provision of the particular constitutions, or the Holy See may append a dispensation to the dismissal, or the dismissed religious may petition the Sacred Congregation of Religious in the case of pontifical institutes or the local ordinary in that of diocesan institutes for a dispen-sation. 1~ The religious is to be most earnestly encouraged to make such a petition, and the superiors are willingly to aid him. Constitutions of lay congregations submitted to Rome in the earlier years after the Code of Canon Law became effective, May 19, 1918, uniformly do not provide that legitimate dismis-sal of a perpetually professed religious frees from the vows; tho~e submitted in more recent years frequently contain this provision. The latter practice should be followed in any revis-ion of pontifical or diocesan constitutions. Ill such a provision is contained in the constitutions, the dismissal frees from all the vows of religious profession as soon as the decree is effective. There is no need of a dispensation from the vows. The other effects are the same as explained under secularization in the REVIEW FOR RELIGIOUS, September, 1956, 233-36. (b) If the dismissal does not free from the vows (c. 672, § 1). Canon 672, § 1, prescribes that a religious of perpetual is Cf. Muzzarelli, o~. cir., 306. 282 September, 1957 DISMISSAL IN LAY INSTITUTES vows who has been dismissed without being freed of his vows is obliged to reform his.life so that he will be worthy .of being received back into the institute. If the dismissed religious has manifested a complete reform during a period of three years, he is obliged to return to the institute and the la'tter~ is obliged to take him back. Howe.ver, it is the far more probable interpre-tation that this canon applies only to a religious in sacred orders (priest, deacon, subdeacon).'6 If the dismissed lay religious will not voluntarily petition a dispensation from the vows, the practical remedy is to submit the case immediately to the Sacred Congregation of Religious. A professed of~ perpetual vows is also to be given an official statement to the effect that he had been l~gitimately .dismissed, and mention should b~ made as to whether he had been freed of the vows by the dismissal or a concomitant or subsequent dispensation. IV. Dismissal By Law (c. 646) 22. Definition. This dismissal is effected automatically by canon 646 itself by the very fact and at the instant that any of the three crimes specified in the canon is committed. Therefore, the law itself, not the decree or declaration of a superior, effects the dismissal. In its nature, the dismissal is a punishment in-flicted for the crime and also a means given to religious, insti-tutes to free themselves immediately of members who have perpetrated most serious crimes against the religious life. 23. Subject. The subject of the il~so facto or dismissal by law of canon 646 is any professed religious, man or woman, of solemn or any type of simple vows, whether perpetual or tem-porary, and the members who have been aggregated perpetually or temporarily in societies living in common without public vows (c. 681). A postulant or novice is not the subject, but the commission of any of these three crimes is certainly more 'than a sufficient reason for his dismissal by the decision of the competent superior. ~6 Cf. Fanfani, De lure Religiosorum, 703-705. 283 JOSEPH F. GALLEN Review for Religious 24. "Religious who have publicly apostatized from the Catholic faith" (c. 646, § 1, 1°). The crime is simply public apostasy from the Catholic faith. (a) Simply. The canon does not demand that the religi-ous have joined a non-Christian sect, e. g., Judaism, Buddhism, Mohammedanism. The crime can be" verified either in or out of such a sect. "(b) Public (c. 2197, 1°). In the case of a religious, a crime is public when it is actually known or is in serious and immediate danger of being known by at least a notable part of the mem-bers of the religious house to which the delinquent is attached.1~ It is not necessary that such knowledge or danger extend.to the province, institute, or to externs. External apostasy that has not attained this publicity does not effect dismissal by law. (c) Apostasy from the Catholic faith (c. 1325, ~ 2). Apos-tasy is the act of a baptized person who formally" denies or positively doubts about the entire Christian-faith. The unbap-tized are infidels, not apostates, heretics, or schismatics. Formally means that there must be a subjective mortal sin in the act. A doubt is the suspension of the acceptance of the intellect. A positive doubt is had when the intellect judges that there are sufficient reasons for affirming and denying the proposition, that the reasons on neither side are convincing, and therefore the intellect suspends assent to the proposition. In a negative doubt, the intellect suspends assent because it does not p~rceive reasons either for affirming or 'denying the proposition. This is to be classed rather as ignorance. As in heresy, /~ positive doubt constitutes an injury to the faith and is sufficient four apostasy.18 The one who so doubts has had the truth suffi-ciently proposed to him, but he positively judges that the truth is not sufficiently proposed and that contrary reasons make it uncertain. ~ Cf. Michiels, De Delictis et Pornis, 117-18. ~8 Ciprotti, De Consummatione Delictorum, 15; Coronata, o,O. cir., IV, n. 1856. 284 Septe,~be~', 1957 DISMISSAL IN LAY INSTITUTES Apostasy is a denial or positive doubt concerning the entire Christian faith, e. g., the existence of God, the fact or possibility of the Christian revelation, the fact or possibility of the supernatural order. Apostasy is therefore distinguished from heresy or schism. A heretic is a baptized person who formally denies or positively doubts about one or some dogmas of faith. A schismatic is a baptized person who formally refuses to submit to the spiritual authority of the Roman Pontiff or to communicate with the other members of the Church (c. 1325, ~ 2). Canon 646 mentions only apostasy and thus inflicts dis-missal by law only on apostates, not on heretics or schismatics. (d) Excommunication (c. 2314). An apostate incurs by the very fact of the apostasy an excommunication reserved in a special manner to the Holy See. An excommunication demands merely that the act be external and not that it be public. 25. "A religious man who h~as run away with a woman or a religious woman who has run away with a man" (c. 646, ~ I, 2°). The crime will be explained with a religious man as the subject. Four notes are required to constitute this crime. The last three are only probably required in theory but are certainly necessary in fact to effect the dismissaI (cc. 15, 19). (a) The religious man must be united physically or morally in flight from one place to another with a woman. It is not required that the r.eligious be an apostate or fugitive from religion in the canonical sense of canon 644J" Flight in canon 646 has the common and ordinary sense of running away with a woman. The crime, is completed as soon as this notion is verified, without any consideration whatever of the length of absence from the religious house. The intention of returning or not returning, of contracting or not contracting marriage has nothing to do with the crime. Both must flee, since the canon demands that the religious man have run away with a woman. This is verified physically if both start out from the religious house; it is verified morally. 19 Cf. REVIEW FOR RELIGIOUS, May, 1957, 155-64. 285 JOSEPH F. GALLEN Review for "Religious if the religious alone flees in virtue of a previous agreement to meet the woman. The moral union is caused l~y the previous agreement; if such an agreement does not exist, there is no flight. In a doubt, this agreement is'to be presumed if.there was an illicit attachmehr or familiarity beforehand and union shortly after the departure of the religious; otherwise the agree-ment must be proved. The dismissal is effected at the begin-ning. of the flight. The flight described above is always neces, sary. Without such flight, neither concubinage nor the illicit leaving of the. house to sin with a woman, even though done frequently and furtively, constitutes the crime. When tlqe flight of this canon is difficult to prove, as is often true, an investiga-tion is to be made as to the existence of a marriage ceremony. It is rare in such cases that the woman does not insist on some form of marriage ceremony. (b) Probably the motive of the ,flight must be the satisfaction of lust. The iaecessity of such a motive is implicit in the text of the law and is part of the common notion of running away with a woman. Ordinarily this motive is to be presumed as soon as the other notes are verified.2° (c) Probably the woman must have attained puberty and not be a relative by blood or marriage in the direct line (mother, grandmother, etc.) or in the first degree .o~ the collateral line (sister) of the religious man. Puberty in a girl is attained can-onically on the day after the twelfth birthday, in a boy on the day after the fourteenth birthday (c. 88, § 2). The correspond-ing relatives will apply in the case of a religious woman, i. e., father, grandfather, brother. The necessity of this note is founded on the extrinsic authority of several authors. It has little foundation in the text of the law. The sense of the law is rather that the lustful motive is presumed not to exist with such persons but, if proved, the crime exists. Otherwise, the state of the woman is indifl:erent. It is of no import that she z°Cf. Tabera, Ol~. cir., 11-1930-416; Goyeneche, oil. cir., 209; Vermeersch, Periodica, 19-1930.122". 286 September, 1957 DISMISSAL IN LAY INSTITUTES is married, unmarried, capable or incapable of contracting marriage validly;. (d) Probably proof must exist of the preceding, requisites. The probability of this doctrine arises from the fact that the other two crimes of canon 646, public apostasy and marriage, are of their nature capable of proof and from the extrinsic authority of some authors. If the religious has verified the other notes but the crime is so secret that this fourth note is not verified, he is not dismissed by law."~l Any proof that gives moral certi-tude suffices, e. g., the testimony of reliable witnesses. (e) Excommunication (c. 2385). Obviously the flight described above will usually also imply apostasy from religion if the religi-ous has perpetual vows and thus the incurring i/)so fdcto of an excommunication reserved to the ordinary.-~" 26. "A religious who attempts or contracts marriage, even the so-called civil marriage" (c. 646, § 1, 3°). The crime is the contracting (validly) or the attempting (invalidly) of marriage by any type of Catholic, non-Catholic, or civil ceremony pro-vided both parties gave a naturally valid consent. The form of celebration of a civil marriage must be valid according to the civil law of the place of celebration. A solemn vow of chastity renders marriage invalid; a simple vow forbids but does not invalidate marriage. The crime presupposes a marriage consent valid" from the natural law and is not verified if the consent is vitiated in either party by an essential defect, e. g., ignorance, simulation, physical violence, grave fear. However, it is to be presumed that true consent was given; and this pre-sumption is sufficient to declare the religious~dismissed. In itself, the invalidity of the marriage does not exclude the crime, i. e., the crime is still verified if the marriage is invalid because it was attempted outside the Church or because of a diriment impedi-ment. ~lGoyeneche, Quaestiones Canonicae, II, 153; Schaefer, op. cir., n. 1578; Bas-tien, op. cir., 446, note 2; Jone, o~0. tit., 572; Jombart, RevUe des Communautets Religieuses, 6-1930-148. 22 Cf. REVIEW FOR RELIGIOUS, May, 1957, 158. 287 JOSEPH ~. GALLEN Review for Religious Excommunications (cc. 2388; 2319, § 1, I°~; 2385). By presum-ing to attempt marriage, both a solemnly professed religious and the other party incur an excommunication reserved simply to the Holy See (c. 2388, §.1); if the vows of the religious are simple but perpetual, the presuming to contract or attempt marriage is punished in both parties by an excommunication reserved to the ordinary (c. 2388, § 2). If the marriage is attempted before a non-Catholic minister, the punishment of a Catholic is an excommunication reserved to the ordinary (c. 2319, § 1, 1°). A marriage ceremony implies an intention never to return to the institute and thus results in an excommunication for apostasy from religion reserved to the ordinary in the case of a religious of perpetual vows (c. 2385). A civil ceremony is not punished by the code, but in some dioceses of the United States it is punished by an excommunication reserved to the o~dinary and in some others it constitutes a reserved sin. 27. Effects (c. 646, ~ 1). Upon the commission of any of the three crimes, the religious is immediately an.d i~pso facto dis-missed, by canon 646. This dismissal by law is a legitimate dis-missal and produces all the effects of the ordinary dismissal by decree. Therefore, in the case of a professed of temporary vows, the effects are ~he same as those described in n. 14; if the religious is. of p.erpetual vows, the effects are those of the'ordinary dismissal exp!ain~d in n. 21. 28. Declaration of fact (c. 646, ~ 2). This canon commands the higher superior with the consultive vote of his council to make a declaration of fact concerning the crime. Some con-stitutions restrict this right to the superior general, and some also demand a deliberative vote of the council. In monasteries of nuns, the declaration is to be made by the superioress of the monastery with the consultive or deliberative vote of the council or chapter as commanded by the constitutions. The declaration of fact is merely a description of the pertinent points of the case, the headings of the proof, e. g., a copy of the marriage record, statement of witnesses, etc., and the conclu- 288 September, 1957 DISMISSAL IN LAY INSTITUTES sion that the religious ~was dismissed in virtue of canon 646. The local superior is ordinarily in the best position to secure these proofs, e. g., the statements of witnesses. Frequently a trustworthy man such as a lawyer or priest should be deputed to secure some of the proofs in the case of an institute of women, e. g., the copy of the marriage record. The declara-tion and proofs are to be retained in the secret files of the house of the higher superior who made the declaration. The pur-pose of the declaration is to possess proof of the automatic dismissal and to prevent future doubts and difficulties, particu-larly for the eventuality of a recourse by the subject to the local ordinary or the Holy See. V. Provisional Sending Back to Secular Life (c. 653) 29. Subject. The subject of thi~ provisional return is any pro-fessed religious, man or woman, and any aggregated member of a society living in common (c. 681). Canon 653 speaks explicitly only of the perpetually professed; but afortiori, from afialogy of law, the common opinion of authors, and the practice of the Holy See in approving constitutions, the same canon applies to the professed of only temporary vows and to the aggregated members whose bond with the society is only tem-porary. 30. Reasons required. The reason must be either of the fol-lowing: (a) Grave external scandal. This is a culpable defamatory act, committed within or outside the religious house, which is well known outside the house or known only to a few externs, who, however, will not keep the matter a secret, e. g., a sin against good morals. (b) Very serious imminent injury to the community. This is an extraordinary injury or harm certainly and proximately threatening at least reductively, not merely one or some individ-uals but the religious house, province, or institute. The religious must be the cause of this harm but it is not certain that he 289 JOSEPH F. GALLEN Review for" Religious must be a culpable cause. Examples of this reason are the proximate judicial accusation of a defamatory crime in either the moral or political order; sexual actions with students in an institute devoted to education when it is foreseen that these wil][ become public and bring infamy on the house, province, or institute; a serious threat to set the house on fire or against the life of a superior or another member of the institute; and a serious loss of temporal property of the house, province or institute. (c) Three conditions required in both cases. Since such an extraordinary action should not be taken against a religious because of mere probability, conjecture, or suspicion, the ex-istence of the cause must be certain; it must also be impossible to avoid the scandal or harm in other ways, e. g., by transferring the religious to another house; and there must be at least prob-ability that the scandal or harm can be averted or appreciably diminished by the provisional return to secular life. 31. Competent authority. (a) Ordinarily. Canon 653 gives the right for such action in lay institutes to the higher superior with the consent of his council. The right is therefore given by the ~ode also to provincials, even though the constitutions may affirm it only of the superior general. In prudence and if possible, the provincial should refer the case to the superior general or at least consult the latter. In a monastery of nuns, "the competent authority is the superioress with the consent of her council. (b) In a more urgent case. In a case in which the time re-quired for recourse to the superior general or provincial would imperil the avoidance of the scandal or injury, the competent authority is the local superior with the consent of his council and also the consent of the local ordinary. If it is impossible to have recourse to the local ordinary and the case will not admit _.3 Berutti, De Religiosis, 349; Bouscaren-Ellis, Canon La~w, 319. 290 September, 1957 DISMISSAL IN LAY INSTITUTES o~. delay, it is.safely probable that this action may be taken by the local superior with only the consent of his council.'~4 32. Final adjudication of the case. (a) Report. A report of the case should always be made out without delay and submitted to the authority competent for a final decision of the matter. The report is to contain the religious and family name of the subject, date, age, date of entrance, date of temporary or perpetual profession, house to which he was assigned at the time of the return to secular life, cause of this return, proofs and present state of this cause, a brief record of the past of the religious insofar as it is pertinent to the cause 6f his return and dismissal, the name and rank of the superior who effected the return, the fact that the consent of the council and of the local ordinary, when prescribed, was obtained; and, if the latter was not secured, the report is to state the reasons that'justified its omission. (b) Authority competent for a final decision. Canbn 653 states that the case is to be referred to the Holy See without delay. This canon, however, is to be interpreted in the light of the other canons on the competent authority for dismissal; and it is admitted doctrine that the authority competent for an ordinary dismissal by decree is competent also for the final decision in the case of a provisional return to secular life.~'~ Therefore, the case is to be referred, according to the nature of the institute and the vows of the subject, to the authority competent for dismissal by decree stated in nn. 2-5. 33. Effects. As soon as the provisional return is decided, the re-ligious puts off the religious habit and leaves the institute. The return to secular life is a provisional measure. It is not a dismissal and does not produce the effects of a dismissal. The competent authority mentioned above decides for or against dismissal and 24Cf. Tabera, 0p. tit., 14-1933-58; Goyeneche, De Religiosis, 221, note 31; Palombo, op. cir., n. 192; Schaefer, 0iL cir., n. 1609; O'Neill, The Dismissal of Religious in Temporary l/o~vs, 104. 25Cf. O'Neill, op. cir., 103-104; Schaefer, op. cir., n. 1636; Wernz-Vidal De Religiosis, 490, note 13; Bastien, o~0. cir., n. 645, 4; Palombo, op. cir., n. 195; Tabera, op. cir., 14-1933-57; Vermeersch-Creusen, Epitome luris Canonicl, I, n. 807. 291 JOSEPH F. GALLEN decrees the dismissal in the t~ormer case. The charitable subsidy is to be given to a religious woman who is provi~ionally sent back to secular lithe.2° SOME BOOKS RECEIVED [Only books sent directly to the Book Review Editor, West Baden College, West Baden Springs, Indiana, are included in our Reviews and Announcements. The following books were sent to St. Marys.] The 1957 National Catholic Almanac. Edited by Felician A. Foy, O.F.M. St. Anthony's Guild, Paterson, New Jersey. $2.00 (paper cover). Does God Exist? By Alfred M. Mazzei. Translated by Daisy Corinne Fornacca. Society of St. Paul, New York, N.Y. $3.50. St. Bernadette Speaks. By Albert Bessi~res, S.J. Translated by The Earl of Wicklow. Clonmore & Reynolds Ltd., 29 Kildare St., Dub-lin. 10/6. Queen of Heaven. By Ren~ Laurentin. Translated by Gordon Smith. Clonmore & Reynolds Ltd., 29 Kildare St., Dublin, 12/6. Le Ciel ou l'Enfer. II. l'Enfer. By Chanoine G. Panneton. Beau-chesne et ses Fils, Rue de Rennes, Paris. Methods of Prayer in the Directory of the Carmelite Reform of Touraine. By Kilian J, Healy, O. Carm. Institutum Carmelitanum, Via Sforza Pallavicini, 10, Rome. Some Philosophers on Education. Edited by Donald A. Gallagher. Marquette University Press, 1131 Wisconsin Ave., Milwaukee 3, Wis-consin. $2.50 (paper cover). Wellsprings of the Faith. By Most Reverend John C. McQuaid, D.D. Clonmore & Reynolds Ltd., 29 Kildare St., Dublin. 18/-. The Reluctant Abbess. By Margaret Trouncer. Sheed and Ward, 840 Broadway, New York 3, New York. $3.75. Quadalupe to Lourdes. "By Frances Parkinson Keyes. Catechetical Guild Educational Society, St. Paul 2, Minnesota. $0.50 (paper cover). The Mystery of My Future. By Jean De Larhove. Society of St. Paul, 2187 Victory Blvd., Staten Island 14, New York. $2.50. Of the Imitation of Christ. By Thomas a Kempis. Translated by Abbot Justin McCahn. The New American Library of World Literature, Inc., 501 Madison Ave., New York 22, New York. $0:50 (paper cover). The Caiholic Booklist 1957. Edited by Sister Mary Luella, O.P. Rosary College, River Forest, Illinois. $0.75 (paper cover). ¯ _,6 Cf. REVIEW FOR RELIGIOt;S, September, 1956, 235-36. 292 Our Supernat:ural Organism Daniel J./~. Callahan, $.J. GOD IS THE author of all things. The more science ad-vances, the more does it disclose the wonders of His crea-tion. Even a superficial reading of a manual of biology or physics or chemistry or astronomy wrings from us the words of the Psalmist: "How great are thy works, O Lord. Thou hast made all things in wisdom; the earth is filled with thy riches" (Ps. 103:24 ). These divine masterpieces, especially as mani-fested in man, qualify us by analogy for the marvels of the supernatura! order. God gives life in the embryonic state and with it an or-ganism capable of developing the tiny creature into the pleni-tude of its specific perfection. The fundamental natural prin-ciple of this evolution is the vital principle within it, which energizes it and is the source of its least activity. Its separation from the bodily element would mean the termination of growth, deterioration, death. In us the human soul is the basic source of our natural life; its faculties or powers are the immediate cause of our vital activities and these in turn bring to perfec-tion our human life. To all this the supernatural is closely analogous as will appear from a brief study of the components of its organism. Sanctifying Grace Appropriately this may be styled the soul of the higher life in us. Only from divine revelation do we know its exis-tence and nature, and it will be useful to recall here what rev-elation tells us about this precious endowment. It is something most real; a spiritual quality inherent in our soul and of such an excellence'that only God could be its principal cause; it is a stable quality, an adornment abiding in the soul till forfeited through mortal sin; it is a totally free gift to which no one of us could lay claim and which transforms us into God:like 293 DANIEL J. M. (~ALLAHAN Review for Religious beings resembling our eternal Father and enabling us to share, in a finite manner, in His life. That life comprises the infinite contemplation;, love, and possession of His uncreated perfec-tion. To this no creature by its native powers could aspire. By a privilege entirely gratuitous God destines us for the immediate visiofi of Himself in heaven and adapts us ~or it through sanctifying grace. Attended by faith; hope, and charity such grace equips us to know, love, possess God, imperfectly, of course," as He knows, loves, and possesses Himself; and thus we enter into the divine life and become truly His children. And while this life is distinct from our natural life, it is not merely superimposed on the latter: it penetrates it through and through, elevating and transforming it. Leaving intact all the natural goodness that is ours, sanctifying grace imparts a new orientation to everything within us, establishes new relations to the Blessed Trinity, and inaugurates on earth the life of the blessed. To aid us in the apprehension of this prerogative, writers resort to many comparisons and illustrations. They liken the soul to a living image of the adorable Trinity., divinely impressed on the soul as the seal leaves its image on the wax, lavishing on it an entrancing beauty since the prototype and the artist is no other than God. Again such a soul is compared to a trans-parent body receiving the sun's rays and, all aglow" itself, radiating them in all directions; to a bar of steel plunged into a furnace and sharing the heat, brightness, and pliancy of the fire; to a branch engrafted into a plant, maintaining its identity while partaking of the life of the plant; to the union in us of soul and body where the soul quickens and energizes the body even as grace communicates a new life and effects our most intimate union with God. Finally, an analogy with the hypo-static union in Christ is introduced; and, though the soul's union with God is only accidental, yet it is the union of a substance with a substance; and, while the hypostatic union results in the God-man, the union through grace issues in a God-like being, 294 September, 1957 OUR SUPERNATURAL ORGANISM whose actions are performed at once by the Creator and His creature, even as in Christ His actions were shared in by both His divine and human nature. And though our union with God is neither hypostatic nor substantial in the proper sense, for we always retain our personality and the union is only accidental, it is not merely the intimacy of two friends, for it rests on a/physical quality abiding in the soul and on physical bonds intensifying and safeguarding that union. The three Divine Persons are immediately presefit to the soul in a com-pletely new way and are possessed and enjoyed by it. Though the precise nature of this extraordinary inhabitation continues to exercise theologians, we are assured that it is capable of indefinite expansion up to the last breath of life here below, and this in p.roportion to our surrender to the Holy Spirit through the removal of all barriers and the cultivation of the infused virtues and the gifts of the Holy Ghost. The Infused Virtues In the natural order our soul functions through its faculties or powers. It thinks through the intellect; .it loves through the will; it senses through our different senses. These faculties bestowed on us together with the soul, by means of their varied activities, are susceptible of tremendous development. In the supernatural order grace parallels the soul, and the infused virtues are its chief faculties. These emanate from sanctifying grace, elevate our mind and will, enable us to perform supernatural, meritorious deeds. Virtue may be described as a good habit designed for action. It is natural if it has been acquired through the repeti-tion of the same specific act and communicates facility in doing so; if directly granted by God and if it confers the ability to do something, it is called infused. The natural virtues facilitate nat-ural righte6usness; the infused confer the power to act on a superhuman level. These latter are usually divided into theologi-cal and moral. The former have God for their formal and principal material object; in the concrete they are faith, hope, and charity and unite the soul directly to God. The moral 295 DANIEL J. M. CALLAHAN Review for Religious virtues have for their objective some moral good distinct from God, serve to eliminate the hindrances to divine union and to stabilize it, and are commonly listed under the four cardinal vi£tues. The theological virtues certainly accompany sanctifying grace and integrate the process of justification, and it is the generally accepted doctrine that the moral virtues also are then bestowed. ¯ All of these virtues are susceptible of increment and 'do increase proportionally with the increase of grace, just as the branches of the tree ke~p pace with the expansion of the trunk. Apart from the complete loss of the virtue, may they diminish? In general, any activity that is discontinued or exercised bnly rarely tends to decline or even to cease. Venial sins, especially when frequent and deliberate, considerably impede the practice of virtue and thus diminish the facility previously attained. Neglect of actual graces may likewise occ~lsion the privation of such helps as notably conduce to acts of virtue and add vigor and polish to them. And though venial sins do not directly decrease or destroy the infused virtues, it remains true that such failings open the way for serious lapses and the destruction of th.e virtues. Do all grave sins deprive us of these? Faith is destroyed only through a mortal sin of infidelity, hope through the same and that of despair; charity and the infused moral virtues, through any mortal sin. Relative to the duration ot~ all such virtues, in the lost none of them persists; the theological remain in the souls in purgatory; in heaven there will be neither acts of faith nor of hope relative to God, and most probably not relative to objects distinct from Him. And whereas neither the moral virtues nor those of faith and hope will endure in the blessed, these will retain the virtue of charity and live a life of the purest actual love. The Gifts of the Holy Spirit There is unanimity among Catholic theologians about the existence of such gifts, but their specific nature is widely contro-verted. In accordance with the doctrine of St. Thomas (Summa, 296 September, ~957 OUR SUPERNATURAL ORGANISM I-II, q. 68, a. 3), the most prevalent opinion is that they are supernatural habits, distinct from the virtues, implanted in the soul conjointly with sanctifying grace, which impart a recep-tiveness, a docility to the impulse of the Holy Spirit, a more prompt and more generous cooperation with His grace. They would appear to be, at least in the early stages, not operative habits like the virtues, but rather dispositive, adjusting the soul for a better reaction to the divine intervention. Their func-tion, then, is that 0f perfecting the exercise of the virtues. There is no certainty about their number; and, while conferred simultaneously with grace, a more copious outpouring may be the fruit of the sacrament of confirmation. The docility issu-ing from these' gifts improves perceptibly through prayer for fidelity to grace, through a life of faith and recollection, through the cultivation of the moral virtues and due control over our passions, for unless these latter are consistently mortified, the inordinate attachments in the soul will hamper us in discerning, accepting, and responding to the inspirations of grace. We must combat the spirit of the world which is diametrically op-posed to the divine and school ourselves in prompt, magnani-mous compliance with God's will. The more complete our surrender' to Him, the more will He be pleased to enlighten and inflame us. Actual Grace just as in the natural order we cannot bring power into motion without the concurrence of the Almighty, so also in the supernatural. Such cooperation is known as actual grace to distinguish it from habitual grace previously considered. It is a transitory aid imparted by God, consisting in the illumina-tion of the mind and the urge of the will for the performance of a supernatural act. It sets the intellect and heart in motion and enables them to function on a superhuman level. In the concrete, it is a holy thought, a salutary incitement of the will, produced by God who directly influences our rational faculties, stimulating them to operate, and cooperating with them to 297 DANIEL J. M. CALLAHAN Review for Religious elicit a good thought and a salutary desire in keeping with the special need of the moment. The thought is most real and comes directly'from God; it is a holy thought, designed for the spiritual benefit of the individual. When we say "salutary desire," we understand any good act of the will, for instance, the love of good, hatred of evil, fear of divine punishment, sorrow for sin, joy 'in well-doing. It is a real act of the will. Antecedent to our activity God lovingly takes the initiative and continues to act within us and with. us for the accomplishment of a deed that will conduce to life eternal. This assistance is not permanent; it persists only while its purpose lasts; and it influences us in a moral way through attraction and persuasion and physically by adding energy to our intellectual faculties too weak to act of themselves. As religious we are to be profoundly penetrated with the conviction of our need of such divine assistance. It is necessary for the achievement of every supernatural act: for the prelim-inary acts of faith, hope, sorrow requisite for the remission of sin. The constant endeavor to resist temptations which assail even the just, as well as our steadfastness in good living, are the fruits of actual grace. Obviously, then, we have not the power to persevere in religion and even to reach perfection through our unaided strength. Christ's memorable words, "Without Me you can do nothing" (Jn. 15:6), are pertinent to the natural and supernatural levels. Everyone who attains the use of reason needs this grace and all such receive it. It proceeds from the love of God; the ordinary channels for its dispensation are the sacraments, prayer, and'our meritorious deeds; and the more generous our cooperation with grace received the more will be granted, for here, as in the entire economy of salvation, God takes the initiative, awaits our free reaction, and assures us that He will" bestow th~ necessary help for the completion of our project. Conformity to the divine will, consequent peace of soul, trust, and magnanimity are supremely important in the struggle for real sanctity. 298 September, 1957 OUR SUPERNATURAL ORGANISM Appreciation "If thou didst know the gift of God" (Jn. 4:19) spoke Jesus to the Samaritan woman, referring to the supernatural life which He communicates to us through His vivifying action, here compared to water springing from an unfailing source. Religious have totally consecrated themselves to God; to Him they belong entirely; and there must be in them the life that is His. In them the supernatural must always be dominant. It is a treasure to be courageously safeguarded even at the cost of sacrifice; it is an endowment to be zealously augmented; it is a life and life is essentially progressive. Cessation of growth soon induces recession. In the wake of tepidity and lethargy spiritual death follows closely. The law of spiritual gravity is to be counteracted through p.urity of intention at all times, through earnestness even in small affairs, through fervent, per-severing prayer, and through the frequent reception of the sacraments of penance and Holy Communion. "Walk in a manner worthy of the calling with whic'h you are called," wrote 'St. Paul to the Ephesians (4:1 ff.), "with all humility and meek-ness, with patience bearing with one another in love, careful to preserve the unity of the. spirit iri the bond of peace; one body and one 'Spirit . . . one Lord, one faith, one baptism, one God and Father of all who is above all and .throughout all and in all." Surely a relevant injunction for all religious. OUR CONTRIBUTORS BONAVENTURE BALSAM is engaged in parish work at St. Anthony's Priory, 4640 Canal Street, New Orleans, Louisiana. JOSEPH F. GALLEN is professor of canon law at Woodstock Col-lege, Woodstock, Maryland. DANIEL J. M. CALLAHAN is profes-sor of ascetical and mystical theology at Woodstock College, Wood-stock, Maryland. 299 Survey ot: Roman Documen!:s R. ~. Smil:h, S.J. IN THIS survey only those documents will be considered which appeared in the ./Iota/lpostolicae Sedis (AAS) during the months of April and May, 1957. Hence all page references throughout the survey are to AAS of 1957 (v. 49). The African Missions On Easter Sunday, April 21, 1957 (AAS, pp. 225-48),. the Holy Father issued a new encyclical letter which is entitled Fidei Donum (TheGift of Faith) and which treats of Africa and its missions. After noting that man'.s gratitude for the gift of faith is best shown by spreading the light of Christ's truth, His Holi-ness remarks that while he is not unaware of the grave and pressing problems attending the spread of the Faith in all parts of the world, yet special attention is needed in the case of Africa, for this continent now finds itself on the threshold of its political and cultural maturity and faced with circumstances the import-ance of which is rivaled by nothing in the previous history of /~frica'. The Vicar of Christ then begins the first of the four sections into which the encyclical letter is divided. This first section is devoted to an over-all picture of the missionary scene in Africa. Most of the countries of the continent, the Pope says, are in the midst of profound social, economic, and political changes which will have a lasting effect on the fut.ure lives of these nations. The Church which has seen the rise and growth of so many nations cannot but be intensely interested in the peoples of Africa who are now attaining their civil rights. It is at this point that the Holy Father exhorts the coloniz-ing nations to grant civil rights to peoples who are prepared for them; and at the same time he urges the colonial peoples of 300 ROMAN DOCUMENTS Africa to be grateful .for .~vhat they have received from the vari-ous countries of Europe. Only such a harmonious attitude will exclude prejudice and exaggerated nationalism and will permit the peoples of Africa to experience the entire range of benefits which flow from the religion of Christ. Pius XII is especially concerned that in many countries of Africa atheistic materialism has been spreading the seed of its doctrine, thereby arousing jealousy between nations, inducing false perspectives in the matter of temporal prosperity, and excit-ing to rebellion. The presence of this atheistic materialism in Africa, thinks the Pontiff, is particularly grave owing to the fact that the peoples of Africa, because they wish to accomplish in a few years what ~he peoples of Europe took centuries to achieve, are psychologically vulnerable to the specious .promises which materialism offers. The H01y Father continues by remarking that of all the missionary regions of the world, Africa is the one with the greatest needs. African mission posts which have been estab-lished in the last ten or twenty years cannot expect a sufficient number of native clergy for a long time, while the missionaries in such stations are few and widely scattered throughout large regions where, moreover, non-Catholic religions are also spread-ing their doctrines. The gravity of the situation can be illustrated by one region of Africa where there are 2,000,000 inhabitants but only 50 priests whose energies, moreover, are completely absorbed in the care of the 60,000 persons already converted to Catholicism. Twenty more missionaries in such regions at the present time would mean, the Vicar of Christ sadly comments, the spreading of the banner of the cross in places which twenty years from now will be impossible of access. Moreover, twenty more missionaries would mean that the Church could educate in such regions a corps of African Catholics equipped to meet the social and political needs of the continent. Nor are difficulties lacking in African missionary centers which have long been established. Such centers too feel the 301 R. F. SMITH Review for Religious extreme lack of missionaries. Moreover, the bishops and vicars apostolic of Africa are obliged to provide for their flocks a full Catholic life; and this necessitates in turn schools, colleges, social institutes, all the modern communication arts. Such needs can be met only by a great flow of material and apostolic help to the continent of Africa where 85,000,000 human beings are still attached to the practice of paganism. The Holy Father centers the second part of his encyclical around the theme that the problems of the Church in Africa are not merely local difficulties, but are of vital concern to the entire Mystical Body. Bishops, those preeminent members of the Mystical Body, should have a special concern for the Church in Africa, for they as the legitimate successors of the apostles retain the duty of preaching to all nations. Moreover, continues the Holy Father, there ig not a Catholic in the world who should not be interested in the problems of the Church in Africa. Nothing that is characteristic of the Church should be absent from the mental outlook of the individual Catholic. If then catholicity or universality is one of the characteristics of that Church which is the mother of all nations, breadth of outlook must also mark the individual Catholic. In the third part of the encyclical the Holy Father dis-cusses the means by which Catholics can aid the missions of Africa. ~The first means is that of continual and earnest prayer. The best prayer, of course, will be that which Chris~, our High Priest, daily offers on our altars. And while the faith-ful should be instructed that it is good to offer Mass for their private intentions, still they should also be taught to give atten-tion to those petitions with which the Mass is primarily and neces-sarily concerned and "which include the we~Ifare and propaga-tion of the entire Church. To prayer must be added alms or material help, for present needs far exceed the help now being given. The faithful in other parts of the world should compare their conditions with the 302 September', 1957 ROMAN DOCUMENTS situations of missionary countries and see who are the real need~i of the Church. Hence the Vicar of Christ urges that each Catholic make an examination of conscience to consider if there is not something tl~at can be given up in order that material aid might be given to the missions. The third way of helping Africa is through the fostering of vocations to missionary work.~ Bishops should train their flocks in such a way that there will always be members of that flock ready to heed the Lord's command i~ Genesis 12:1 to leave one's land and the house of one's father. Dioceses with a suffi-ciency of priests should give of their workers to the missions; and even dioceses which themselves suffer from a scarcity of priestly workers can still offer their mite as did the widow in the gospel story. The problem of missionary recruitment, however, can be met only by the ~oncerted work of all the bishops who should encourage the Missionary Union of the Clergy, foster the work of pontifical missionary associations, and be aware of the needs of those religious institutes which do missionary work but which cannot increase the number of their vocations without th~ under-standing assistance of the local ordinary. Finally, the Holy Father approves the practice of a diocese lending some of its priests to missions for a limited time. The fourth part' of the encyclical consists of a brief conclu-sion in which the Holy Father repeats that he is as interested in all the missions as he is in those of Africa. To all missionaries of the entire world he extends his gratitude and his congratula-tions and exhorts them to labor fervently in the work to which they have been called. Lenten and Easter Messages On March 5, 1957 (AAS, pp. 208,15), the Holy Father gave his usual Lenten allocution to the parish priests and Lenten preachers of Rome. The present year, begins the Holy Father, marks the fifth anniversary ot: the inauguration of the movement 303 R. F. SMITH Review for Religious "Fora Better World." After detailing the work accomplished in the diocese of Rome during that period and after noting the things yet to be done, His Holiness then urges his listeners to sow the seed that is the word of God. To preach anything but the word of God, he warns them, is to sow destruction. He gives special attention to the matter of Sunday preaching, insist-ing that nothing can achieve so much as this regular and familiar custom so long in use in the Church. Finally,. he recalls to his listeners the fact that the true sower of the good seed is God and that they are but instruments in His hand; what changes then would sweep the world if all who preached did so as ones truly coming with the power of God. The Holy Father's Easter message, delivered on April 21, 1957 (AAS pp. 276-80), was a meditative reflection on the phrase "O truly blessed night" of Holy Saturday's E, xultet. The night preceding the Resurrection, His Holiness begins, was one of desolation, tears, and darkness: Christ is dead; His flock is scattered; all is apparently in ruin. Nevertheless, even in that night there are signs of the dawn to come: the body of Christ suffers not the slightest taint of corruption and Mary prays in quiet confidence and expectation. That night before the Resurrection is also a symbol, adds the Vicar of Christ, of the night in which modern men find themselves: they must live in fear; their intelligences are cap-tured by error; immorality has reached a new depth. Neverthe-less, there are signs of a new day dawning. Science is provi-dentially multiplying the means to a fuller and freer life, while technology is providing the way to make these means available on a large scale. Moreover, men are now beginning to realize that the night of modern times is here because Christ has again been betrayed and crucified. Day will finally come to modern man when Christ restores grace to the individual soul and takes His rightful place in human social life. The Holy Father con-cludes his Easter message to mankind with a prayer that Christ may send the angel of the Resurrection to remove the obstacles 304 September, 1957 ROMAN DOCUMENTS which men have built up :but which they are now powerless to remove. To Hospital Sisters On April 24, 1957 (AAS, pp. 291-96), Pius XII spoke to some 2,000 Italian hospital sisters who had met for the first time in a national meeting to discuss their common problems. The Pontiff began with a forceful statement of the part that religious women play in the life of the Church today, remarking that many branches of the Church's apostolate, especially those concerned with education and with works of chariiy, would be inconceivable without the existence of religious sisters. This said, the Holy Father then began to discuss with them the ideals of their relig-ious life. It is.a truth of our faith, he notes, that virginity is higher than the married state; for through virginity the soul achieves an immediate relationship with God that is one of absolute and indissoluble love. The virginal soul takes everything that God has given her to be a wife and mother and offers it back to Him in a complete and perpetual holocaust. In order to love God, the vi,rginal soul does not reach Him through other loves: noth-ing is interposed between such a soul and God. Hence it is that a religious must be a true spouse of our Lord, uniquely, indissolubly, and intimately united with Him. Hospital sisters then must take care that their assistance to the sick does not interfere with their spirit of absolute and perpetual devotion to God, guarding against all disordered activity which leaves them neither time nor repose for prayer to Christ. They must also guard themselves against long and frequent withdrawals from common life, that strong protection of the interior life. And they must watch carefully over their spirit of individual and collective poverty, making certain that their hospitals do not assume the character of merely money-making organizations. Turning now to their work for the sick, the Vicar of Christ notes that the existence of special institutions for the care of the 305 R. F. SMITH Review for Religious sick stemmed historically from the charity of the Church. Even today, when so many are interested in the care of the suffering, the Church will never abandon her task of caring' for the sick, for no one can take the place of the Church at the side of one who besides a body also possesses a soul whose needs and claims are often greater than those of the body. It is for this reason that the Holy Father urges hospital sis-ters to continue their work. Besides being perfect religious, they must also know and use the latest scientific methods and ap-paratus. They must train themselves to a motherly kindness that is linked with a strong element of firmness. They must lead a fully dynamic life and still retain their calm and serenity. Here the Holy Father adds that superiors must see to it that community time-schedules and practices do not make the sisters' work ineffi-cient and more difficult. In conclusion the Holy Father dwells at some length on the recommendation that the sisters train themselves always to see Christ in each of their patients. If they do so, he notes, then it will be easy to pass from the chapel to the sick room; religious observance and care for the sick will not interfere one with the other; and there will be no interruption of the sisters' union with Christ. The Holy Father then blessed the assembled sisters and concluded ~ith a remark that all hospital sisters will treasure: "The Church, the Pope, are depending on you: on your complete dedication, on your abilities, and on your spirit of love." Miscellaneous Matters Under the date March 19, 1957 (AAS, pp. 176-77), the Holy Father issued the rnotu proprio Sacram Co~nmunionern in which he provided that henceforth local ordinaries (with the exception of vicars general) may permit daily celebration of after-noon Mass provided the spiritual good of a notable part of the faithful warrants such a permission. His Holiness also further mitigated the Eucharistic fast. The drinking of water does not 306 September, 1957 ROMAN DOCUMENTS break the fast'; and the time element for the Eucharistic fast is the following: Before the celebration of Mass in the case of priests and before the reception of Communion in the case of the faithful, solid food and alcoholic drink must be abstained from for three hours, while non-alcoholic drink must be abstained from for one hour. These time regulations extend both to morning and afternoon celebration of Mass and reception of Communion; and they must also be observed by those celebrating Mass at midnight or at the early hours of the morning as well as by those receiving Communion at such times. Finally, the Holy Father grants to the sick, even those not confined to bed, the .permission to take non-alcoholic drinks as well as liquid or solid medicine at any time before the celebration of Mass or the reception of Communion: Three documents of April and May of this year concerned the saints. The first of these is an apostolic letter of the Roman Pontiff which is dated June 8, 1956 (AAS, pp. 199-200), and which appoints St. Dominic Savio the patron of all choir boys. The other two documents are decrees of the Sacred Congre- - gation of Rites, both being dated January 22, 1957 (AAS, pp. 251-56). In the first of these decrees the congregation affirms the heroic virtue of the Venerable Servant of God Sister Mary Celine of the Presentation, professed nun of the Second Order of St. Francis (1878-97); the second decree affirms the heroic virtue of the Vdnerable Servant of God Sister Teresa of Jesus Journet Ibars, foundress of the Congregation of Little Sisters of the Indigent Aged (1843-97). Priests will be interested in the Holy Father's letter, dated March 25, 1957 (AAS, pp. 272-75), and sent to Cardinal Feltin of Paris on the.occasion of the 300th anniversary of the death of Jean-Jacques Olier, founder of the Society of St. Sulpice. - Olier, the Holy Father notes, recalls to the present generation the truth that the greatness and power of a priest consists in being a man of God and a man of ihe Church. As a man of God the priest must have two indispensable qualities: prayer 307 R. F. SMITH Review for Religious exercised especially through meditation and the Divine Office; and asceticism, manifested principally by a perfect chastity of heart and body. The priest then must always be aware that union with God is the indispensable prerequisite for apostolic fecundity and that the cross is the only instrument of salvation: evil is still cast out only by prayer and fasting. As a man of the Church, concludes the Holy Father, the priest must realize that all personal sanctity and apostolic effectiveness must be founded on constant and-exact obedience to the hierarchy. ¯ Several documents of the period surveyed are concerned in one way or another with matters educational and intellectual. On March 24, 1957 (AAS, pp. 281-87), the Holy Father addressed a group of 50,000 college students of Rome and gave them some detailed advice on their studies, urging them to dedicate them-selves completely to the pursuit of truth. A month later on April 25, 1957 (AAS, pp. 296-300), His Holiness spoke to the members of the eleventh plenary assembly of Pax Romana, telling them that no Catholic can be indifferent to the new world com-munity now in process of formation. This is especially true, he says, of Catholics engaged in intellectual work, for it is their task to spread Catholic truth and to give it practical application in all areas of human activity. Educational and intellectual matters also figure in two decrees issued by the Sacred Congregation of Seminaries and Universities. In the first of these decrees, dated-November 4, 1956 (AAS, pp. 219-20), provision is made for the canonical erection of a faculty of theology in Sophia University in Tokyo. In the other decree, dated December 20, 1956 (AAS, p. 308), . a faculty of philosophy was canonically erected in the Catholic University of Quito. Thre~ documents of April and May of this year pertain to political matters. On February 16, 1957 (AAS, pp. 201-5), a c-onvgntion was ratified betweeri the Holy See and the German Federal State of North-Rhine-Westphalia concerning the estab-lishment of a new diocese of Essen. On March 28, 1957 (AAS, 308 September, 1957 QUESTIONS AND ANSWERS pp. 287-88), the Pontiff:addressed a group of young Berlin Catholics, telling them that the state must always respect the rights of individuals and of families and adding a plea for a united Europe and for the moral conditions without which such a union can never be realized. On Aprii 28, 1957 (AAS, pp. 300-301), the Pope gave a brief address on Communism, empha-sizing that the events of the last fdw months have clearly shown' to all men the aberrations of that way of life. Two other documents may be mentioned by way of conclud-ing this survey. On March 6, 1957 (AAS, pp. 215-17), the Holy Father sent a radio message to the school children of the United States exhorting them to be generous in contributing help for the needy children of other countries. And on Apri'l 23, 1957 (AAS, pp. 289-90), His Holiness spoke to a small group of Paris lawyers, extolling their° dignity as men devoted to the defense of law and of humanity and remarking that their profession is noteworthy as showing the value of humanism in a world where technical and scientific education is at a premium. Questions and Answers [The following answers are given by Father Joseph F. GaIlen, S.J., professor of canon law at Woodstock Coll~ge, Woodstock, Maryland.'] 29 Are the professed of temporary vows obliged by canon law to return to the motherhouse two months before perpetual profession, remain there, and prepare for this profession? No. You are applying to the professed of temporary vows what an instruction of the Sacred Congregation-of Religious, November 3, 1921, had commanded only for novices employed in the external works of a congregation during the second year of noviceship. The code does not even command a retreat before perpetual profession. The constitutions almost universally prescribe such a retreat, and the usual duration is eight full. days. A shorter retreat is also found, for" 309 QUESTIONS AND ANSWERS Review for Religioue example, five or six days. It seems evidvnt enough that the constitu-tions or customs should command a retreat before perpetual profession. It would also be reasonable and profitable to prescribe a longer period of greater recollection .before perpetual profession. REVIEW FOR RE-LIGIOUS, September, 1953, 267; November, 1955, 313. --30-- Hasn't the movement of renovation and adaptation suggested any new laws whatsoever concerning poverty? This movement is primarily spiritual, theological, educational, formative, and apostolic. It is only very secondarily canonical or legal. Therefore, in the matter of poverty the emphasis of the move-ment is on the striving for detachment that. leads to an intensified love of God (REVIEW FOR RELIGIOUS, November, 1955, 302; September, 1956, 269-70). No new laws on poverty have been enacted by the Holy See, and no important suggestion for a new law has been made by authors with regard to the poverty of solemn profession. In the 'matter of the poverty of institutes of simple vows, suggestions have been.maple for inclusion in constitutions that are being origitxally approved or revised. The purpose of these suggestions is to make the poverty of simple p*ofession at least approach that of solemn profession. They are founded on the principle that in itself it is more in accord with evangelical poverty to give away one's property than to retain it for life and to be deprived or restricted in the right of acquiring property for oneself than to retain this right in an almost unlimited manner. The su.ggestions are thus reducible to two headings. 1. Right of acquisition. A limitation of the right of acquisition is according to the mind of the Sacred Congregation of Religious. In new or revised constitution~, congregations of men or women may in-clude an article of the following type: "After profession, whether of temporary or perpetual ~,ows, the religious acquire for themselves only property received as an inheritance or legacy from relatives to the second degree. All other temporal goods are acquired for the con-gregation." This practice may be followed only by institutes that have such a provision in their approved constitutions. An article of this nature would effect a purer poverty and would also eliminate some practical 310 September, 1957 QUESTIONS AND ANSWERS difficulties and abuses. The meaning of relativ.es may be confined to blood relatives or extended also to relatives by marriage. The degrees would be computed according to canon law. 2. Giving away or renouncing one's property. New or revised con-stitutions of women may contain an ~rticle of the following type: "A professed sister, whether of temporary or perpetual vows, may not alienate the ownership of her property by a free gift effective during her lifetime. However, the professed of perpetual vows may (or, are counselled to) give all the property they own to the congregation under the form of a dowry." The similar article for institutes of men would be: "A professed religious, vShether of temporary or per-petual vows, may not alienate the ownership of his property by a free gift effective during his lifetime. However, the professed of perpetual vows may (or, are counselled toI give all the property they own to the congregation under the condition that the capital sum will be restored to them if they should leave or be dismissed." Either of the practices of the preceding paragraph, since they are not contrary to the code, may be ~ollowed even if not contained in the constitutions. The second sentence in Zither article may be introduced by an apt spiritual phrase, e. g., lCor their greater sancti-fication, for their greater poverty, for the greater purity of their evangelical poverty. There would be no difficulty also in applying either practice to the professed of temporary vows. In both cases the capital sum of the property will be restored to a religious who leaves, is excluded from further profession, or is dismissed. This fact would pro.tect the right of the religious to leave, if he wishes to do so, aad ,~iould also prevent want in the case of a departure, both of which constitute the purpose of the retention of property in congregations. Neither practice would prevent the religious from applying part or all of the income oa his property to other good purposes, e. g., to needy relatives, nor, with the permissioa of the Holy ~;ee, all or part of the capital sum of his personal property. However, it does not seem contrary to the mind of the Sacred Congregation for new or revised constitutions not merely to permit or counsel but to impose either practice with regard to all the personal property of a religious (REvIsw FOP, RELIGIOUS, September, 1953, 258-59; Escudero, /Iota et Documenta Congressus Generalis de Statib'us Per[ectionis, I, 377; Muzzarelli, ibid., 430-31). 311 ~UEsTIONS AND ~NSWERS ~31m What is the law for the last Gospel according to the simplified rubrics? The last Gospel is always that of St. John except in the third Mass on Christmas and low Masses on Palm Sunday at which the palms are not blessed. Cf. Bugnini-Bellocchio, De Rubricis ad Sira-pliciorem Formam Redi#endis, 69; Bugnini, The Simpli/ication of the Rubric, s, 113; J. B. O'Connell, Simpii[yin# the Rubrics, 71; The Cele-bration o[ Mass, 178. What Mass may be said on the Saturday of Our Lady (S. Maria in Sabbato)? The Mass of the Saturday of Our Lady; the Daily Mass of the Dead and any votive Mass that is not of the BlesSed Mother, but both of these, if low, are forbidden during the three periods of January 2-5; January 7-12; and Ascension-Vigil of Pentecost; and the Mass of an occurring simple feast or mere commemoration, e. g., on Jan-uary 5, 19; July 13, 27; August 3; September 28; October 5, 26 in the ordo of the Universal Church for 1957. As stated above, the only Mass of the Blessed Mother permitted is that of S. Maria in Sabbato. Cf. Wuest-Mullaney-Barry Matters Liturgical, n. 252. --33-- What should be done if a check in a small amount is received for your own personal, use? Endorse the check and drop it in the treasurer's box. The inten-tion of such a donor is certainly not that the religious should sin by using the money without permission. Neither are we to presume that a donor intends that the religious should make use of the gift in a way that is contrary to the greater perfection of the religious. Externs are fully conscious that the religious is in the state of perfection and that his life should be distinguished by renunciation and self-denial. They are readily scandalized at the lack of these qualities. If you have any material necessity, the more perfect time to ask for it is not on the occasion of receiving a gift. Cf. gEVlEW FOg gELIG~OUS, January, 1949, 39. 312 Book Reviews [Material for this department should be sent to Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West Baden Springs, Indiana.] THE ROMAN CATACOMBS AND THEIR MARTYRS. By Lud-wig Hertling, S.J., and Engelb~rt Kirschbaum, S.J. Translated from the German by M. Joseph Costelloe, S.J. Pp. 224. The Bruce Publishing Company, Milwaukee I. 1956. $3.50. It is a pleasure to ir~troduce this excellent hook to readers of the REVIEW FOR RELIGIOUS. The subject is nowhere so well presented, to my knowledge, within the compass of one modest volume. It is com-petent; it is well ordered; it is readable; it is warm with the sympathies of the Christian tradition of culture. Archaeology, in all its branches, has a remarkable appeal to many people today, no doubt becauseit brings to them a new and vivid revelation.of the community of human nature with itself. The catacombs of Rome, with their touching expression of the pi.eties of our forefathers in the faith, reveal to Christians the communion of saints. A Catholic feels wonderfully at home in these ancient resting places of our dead. The authors are professors of ecclesiastical history and of achae-ology, respectively, in the Gregorian University and scholars of estab-lished authority in their fields. Father Kirschbaum was one of the four commissioned by Pius XII to investigate the reputed site, under the high altar of St. Peter's, of the apostolic tomb. A brief account of the results Of their quest is among the points of major interest in this book. Father Costelloe'meets with ease the two great exigencies of the translator's art, faithfulness to the thought of his author and to the idiom of his reader. A skilled initiate in Roman archaeology, he can write so clearly about these matters which he understands so well. With the praiseworthy permission of Fathers Hertling and Kirsch-baum, he has added his own notes to theirs and some quite new matter in the body of the book, known through the advance reports of explorations yet unpublished. By this positive contribution, he gives to English readers a welcome revision as well as a sound version of the original. 313 BOOK REVIEWS Review' for Religious The scope of the book may be indicated by running down the titles of the chapters: The Exploration of the Catacombs;. The Ceme-teries; The Tombs of the Popes; The Tombs of the Martyrs; The Tombs of the Apostles; The Persecutions; On the Way to Martyrdom; The Eucharist; Baptism; The People of God; The Art of the Cata-combs; The Creed of Catacombal Art. Forty-five plates and eight figures make an important complement to the text. By some fault of printing, twoor three of them, in my copy, are rough to the touch. Generally, the publisher has done 'a good job, and at a remarkably low price.--ED~;~,g R. SMOTH~P,S, S.J. FRANCIS OF THE CRUCIFIED. By Myles Schmitt, O.F.M.Cap. Pp. 152. The Bruce Publishing Company, Milwaukee 1. 1956. $3.00. Father Myles Schmitt, of St. Francis Capuchin College, Washing-ton, D. C., offers his readers a series of conference-chapters on the Franciscan way of perfection. Writers of general treatises on spiritual theology, such as Tanquerey and de Guibert, can present a .particular way of perfection only in skeletal form. Father Schmitt develops at suitable length the Franciscan way. At the same time, he is constantly concerned to relate it to the Christian way. For, at root, all Christian perfection is one, no matter the diversity of ways proposed for arriv-ing at it. In a way reminiscent of Gerald Vann's The Heart of Man, Father Schmitt organizes the life of perfection around the Beatitudes. His book is not as complete and detailed as Theodosius Foley's Spiritual Conferences for Religious Based on the Franciscan Ideal. Nor does it follow the life of St. Francis as closely as de Tour's Franciscan Perfection. But his choice of the Beatitudes as an organizing principle keeps the main line of argument simple, strong, and progressive and still gives him room enough to touch on a variety of subjects. Father Schmitt is especially good at describing the spiral move-merit of growth in perfection. Not only must ofie try to live more and more in accordance with his vision of the ideal; but, at the same time, one's vision must grow correspondingly in depth and p~netration. This spiral movement is particularly clear in St. Francis's religious life which began with what might be called an "inaugural vision" and grew as that vision' deepened and matured. Father Schmitt takes great pains .to delineate the initial vision of the Franciscan way, to map out 314 September, 1957 BOOK REVIEWS the s~ag'es of progress of that vis~ion, and to relate to it all growth in perfection. Basically, then, the Franciscan must focus his attention on the imitation of Christ crucified through a living out of the gospel life as envisaged by the Beatitudes. The foundation of this life is poverty leading to that poverty of personality called humility. Keeping before his eyes his nothingness in the presence of God, the~ Franciscan makes a sacrifice of himself and .thus fulfills simple justice. With mercy and simplicity, he takes on the role of peace-maker, courageous!y overcoming the opposition of a world set against Christ and at war ,with itself. His is a life of love, of devotion to the Eucharist, of love of Mary sorrowful. And oil such is his .vision, his necessary response will be apostolic action. Obviously the book's usefulness is not limited to Franciscans. Inasmuch as all the means proposed are the common heritage of Christi
Issue 15.5 of the Review for Religious, 1956. ; Our New Business , ddress When we were preparing to publish the REVIEW, we arranged to have the College Press, in Topeka, do the printing and distribut-ing. For fifteen years the editors and the College Press have worked together in the closest h.armony. We have literally shared both heart'- 'aches and °joys. The heartaches were',mostly brought about by the difficulties of the war years: for example, as we published each num-ber we wondered how we would get enough paper for printing the next. The jo~,s consiste,d, am6ng other things, in getting the REVIEW out regularly and on time, despite the difficulties, and in the realiza-tion that this new apostolate for religious seemed to be appreciated. Please send all renewals and new subscriptions to REVIEW FOR REL~IGIOUS 3115 South Grand Boulevard St. Louis 18, Missouri This is our new business address During all these fifteen years, Mr. 3. W. O,rr, owner of the Col-lege Press, and his assistants, have given the REVIEW the best they had: and that was very good, indeed. But the time has come when we must make new publishing arrangements. The reason for this is purely an "act of God," as far as both the editors and the College Press are concerned. There has been no break in the harmony that has always characterized our collaboration. Fortunately for us, the publishing department of the Queen's Work has agreed to take over the publication of the REVIEW. Be-ginning with the next volume, the REVIEW will be printed and dis-tributed by the Queen's Work. Obviously, the new publishers can-not wait till the last deadline to begin making addresses and keeping records. For this reason, please note the announcement in the c~nter of this page and follow it exactly. The editors are deeply grateful to the College Press for past col-. laboration and to the Queen'~ Work for taking over the burden. 225 I=xclaus!:rat:ion and Seculariza!:ion Joseph F.°Gallen, S.J. I. EXCLAUSTRATION , 1. Definition. Aft indult of exclaustration is the permission to remain temporarily outside one's religious institute apart from obedi-ence, dependence, and vigilance of religious superiors either for a determined period of time or for the duration of the reason for which the indult was granted. The religious requests the indult and is not obliged to use it afterit has been granted. The petition is made throu~gh religious, superiors. Canon law does not demand the con-sent of superiors, but it is the practice of the Holy See to grant no indult to religious without having considered the opinion of superiors nor generally without their consent. It is difficult to obtain an in-dult of exclaustration from the Holy See when superiors are opposed. The Holy See d~cides whether the opposition of superiors is unreas-onable or unjust.1 The petition therefore should be accompanied by the opinion of the superior general, substantiated by pertinent reasons and facts, as to whether the indult should be granted. Local ordin-aries follow the same practice in granting indults of exclaustration to members of diocesan congregations. Exclaustration differs from a me/e absence outside any house of one's institute (c. 606, § 2), es-sentially because in a simple absence the religious remains subject to the obedience and vigilance of superiors. Authors commonly assert that the Holy See does not grant an in-dult of exclaustration to priests unless the petition'is accompanied by the attestation of a local ordinary that he will permit the priest to reside in his diocese during the exclaustration and at least to say Mass. ~ 2. Competent authority forexclaustration and secularization (c. 638). The competent authority is,the same for both exclaus-tration and secularization. In pontifical institutes~ whether orders or congregations', only the Holy See can grant such an indult. Either the Holy See or the local ordinary is competent for members of dio-cesan congregations, but in practice the indult is obtained from the latter. The competent local ordinary is the ordinary of the place where the religious is staying. The ordinary of the mother house is 1. Goyeneche, Quaestiones Canonicae, II, 124-25 2. Schaefer, De Religiosis, n. 1536, 5. 226 EXCLAUSTRATION AND SECULA.RIZATION competent only for religious staying within his diocese, not for those staying in. other dioceses.3 The competent ordinary therefore is the ordinary of the domicile or quasi-domicile of the religious, even if the latter is Outside either diocese at the time the indult is granted. A religious has a domicile in the diocese of the house to which he is assigned, a quasi-domicile in a diocese where he has licitly resided for the greater part of a year or has been or.dered to reside for the greater part of a year. The ordinary of the licit actual and real resi-' dence of a religious is also competent as long as such residence con-tinues and'the religious is within his diocese, i. e., of a diocese in which the religious has licitly resided for a week or at-, least for several days, since a place where one is staying is not confined in canon law to a domicile or quasi-domicile,4 An ordinary is probably competent with regard to any diocesan religious who is .actually licitly in his diocese at the moment the indult is granted, even if only momentarily and without any regard to the length of the stay, since this also is at least probably a canonical meaning of the place where one is staying.6 The apostolic delegate, possesses the following faculty for nuns: "To allow nuns in case of sickness or for other just and grave rea- ~sons to live outside the religious house for a time to be fixed at his prudent discretion, on condition, however, that they shal~ always have the association and assistance of their relatives by blood or mar-riage or of some other, respectable~woman, that they shall live at home and elsewhere a religious life free 'from the society of men, becomes virgins consecrated to God, and without prejudice to the prescription of canon 639.''~ 3. Sufficient reasons for exclaustration (c. 639). Since common life and subjection to superiors are highly essential elements of the religious state, serious and exceptional reasons are required for the granting of this indult. Those commonly given are a business un-dertaking, care of personal health, and care or support of one's par-ents when these things cannot be accomplished b~ a simple absence from the institute according to ~; 606, § 2~ Other reasons of equal or greater import will suffice. 4. Effects of an indult of exclaustration (c. 639). The effects 3. Code Comm., July 24, 1939; Bouscaren, Canon Law Di~est. II, 173. 4. CL'cc. 94, §§ 2-3; 162, § 1; 620: 1023, § 3; 1039, § 1: 1097, § 1, ~.2": 1563: 1787, § 1; 2385. 5. Cf. c. 94, §§ 2-3: Regatillo, lnterpretatio et lurisprudentia Codicis luris Canonici, 244-45: Michiels, Principia Generalia de Personis in Ecclesia, 210- 11 : 119: Normae Generales luris Canonici, II, 729-36. 6. Bouscaren, op. cir., I, 184; Vermeersch, Periodica, 12 (1924), 145-46. 227 JosEp~-I F. GRLLEN Reoieto for Religious are always the same, whether the indult is granted by the Holy See or a local ordinary. The latter cannot determine the effects of an indult granted by himself, since these are determined by c. 639. The exclaustrated religious remains a religious and a member of hi~ in-stitute. Therefore, he is free of no obligations and loses no rights except those expressly stated in law. The obligation of the vows continues during exclaustration. The obligation of chastity remains undhanged. Instead of being subject to the superiors of his institute, the exclaustrated religious is now subject, also in virtue of the vow of obedience, to the ordinary of the dibcese in which he is staying. The cession of the admihistration, disposition of the use and usufruct, and will that he had made in religion all remain in effect. Exclaus-tration does not change the norms for acquiring property, and the religious acquires property for the institute and for himself in the same way that he would if he were not exclaustrated. He is given implicit permission by the indult itself to acquire, administer, and use temporal goods insofar as these are necessary for his becoming sustenance and the purpose of the indult, e. g., the support of parents. He is obliged to avoid all superfluous expenses. The institute has no obligation from justice to support an exclaustrated religious but shbuld do so from charity insofar as he is hnable to support himself.7 The exclaustrated religious is held to all other obligations, i. e., the laws of the code on religious, the obligations of the Rule, con-stitutions, customs,, ordinances, and regulations of his institute in-sofar as these are compatible with his present state. He is therefore not held to incompatible obligations, which in general are those that depend on common life, e. g., silence, attendance at common exer-cises, inspection of correspondence. Compatible obligations, to which he is held, are, e. g., mental prayer, private recitation of the office, hearing of Mass, ~requenting the sacrament of penance, recitation of the rosary, examen of conscience, other prayers that can be said pri-vately, fast, and abstinence. He must put off the religious habit but may continue to wear any undergarments that appertain to the habit and the small habit, called the scapular, worn under the clothing by the tertiaries of some religious orders. Exclaustrated priests and clerics wear the dress of the diocesan clergy. For special reasons the local ordinary may permit an exclaustrated religious of a diocesan 7. Cf. Guti~rrez, Commentarlum Pro Religiosis, 36 (1955), 375; Schaefer, op. cit., n. 1535; Goyeneche, De Relioiosis, 196, note 19; Coronata, lnstitutiones luris Canonici, I, 840, note 4; Chdodi-Ciprotti, lus Canot~icura de Personis, n. 286; Berutti, De Religiosis, 327. 228 Seprernber, 1956 EXCLAUSTRATION ,AND SECULARIZATION congegation to wear the habit,s The Holy See, of course, may grant the same permission to a religious of a pontifical or diocesan insti-tute. The Holy See grants this permission when no scandal will ens,ue and provided the superior of the institute approves the request, espe-cially when the reason for the exclaustration is not caused by the re-ligious himself.9 During exclaustration the religious possesses neither active nor passive voice. He retains the merely spiritual privileges of his institute, e. g., indulgences. He follows the calendar and rite of his {nstitute in the recitation of the office and the same rite in saying Mass. He retains the privileged confessional faculties of his institute as also those of blessing objects. Heo is not deprived, of suffrages if he should die during exclaus~ration, since no law of the code divests him of this right acquired by profession.19 5, Return to the institute. Whe~i the definite time for which the indult was granted has expired or the reason for which it was given has ceased, the religious is ~o return without delay to his institute, unless an extension of the indult has been obtained from the'com-petent authority. The religious has the rights, to ret'urn before the expiration of the indult, and the institute is Obliged to receive him back. For just reasons his ,religious superiors may also recall him to the institute before the expiration of the indult. 6. Imposed exclaustration. A new form of exclaustration, not contained in the code, has been introduced in the recent practice of the Holy See. It is usually granted on the petition of superiors, whether the subject consents, .is opposed, or indifferent. The essen-tial characteristic of, this exclaustration is that it is imposed, is of obligation, is a precept of dwelling outside the institute. The rea-son is f.requently the good of the community, i. e., the conduct of the religious is a source of serious harm to the institute. Often the good of the subject also is intended, i. e., for his own good' the re-ligious sbould be e~claustrated. Typically specific cases are those of religious who are notably deficient in observance or obedience, who undermine and mi~chinate against government, and very difficult characters who do not merit dismissal but seriously disturb the p~ace of the community. These cases are stated to be of more frequent occurrence in institutes of women. Such reasons are often accom-panied by physical or mental maladies. The state of the religious in 8. Code Comm., Nov. 12, 1922; Bouscaren, op. cir., I, 326-27. 9. Larraona. Acta et Documenta Congressus lnternationalis 8uperiorissarum Gen-eraliurn, 265. 10. Creusen, Religious Men and Wom, en in the Codb, n. 334. 229 JOSEPH F. (3ALLEN Reolew for Religious imposed exclaustration is the same,as in 'the ordinary or voluntary exclaustration, but he may be placed under the vigilance of the local ordinary or his own religious superiors. The religious is obliged to work for his own support, but in this case the institute has a greater obligation i~n charity to support him insofar as he cannot do so him-self. Imposed exclaustration is not prescribed for any definite period of time, but it is not perpetual. It lasts as ldng as the.reasons and purpose persist in the judgment of the S. Congregation of Religious, and the rehg~ous may return and be receN:ed back into the institute only with the permission of the S. Congregation. A clerical religious in sacr,ed orders wh~ is to be exclaustrated in this manner may be received by a bishop but without any intention of future incardination. In this case the religious is in the same state as that of ordinary exclaustration. He is under the authority of the bishop, also in virtue of the vow of obedience, and he exercises the ministry under the authority of the bishop. Such a clerical religious may not have a bishop who is willing to receive him, but another ecclesiastical authority, e. g., a.religious superior of another institute, is willing to be answerable to the Holy See for at least his priest!y life. The religious is then permitted to say Mass in the religious or pious house under the responsibility of this superior. He remains under the authority~and vigilance of his own religious superiors. If ¯ neither a bishop nor other ecclesiastical authority is had, the Holy See does not ilnpose exclaustration on such a c]'erical religious except in a case of absolute necessity. If it is imposed, the exercise of any order or sacred ministry is fbrbidden; and the religious is under his own superiors with regard to his Christian, clerical, and religious life~n II. S~CULARIZATION 7. Definition and competent autboritO (cc. ,638, 640). Secu-larization is a departure from religion by which a subject is separ-ated completely and perpetually from all membership in his .institute and is freed completely and perpetually of all obligations and loses all rights that h~ve their source in religious profession. By seculari-zation the religious ceases to be a religious. Since secularization dis-penses from all the vows of religious profes~sion, even if solemn, i( is commonly called a dispensation from the vows of religion. The competent authority for an indult of secularization is the same as for exclaustration, as explained in n. 2. ~ 11. Guti~rrez, op. cit., 32 (1953), 336-39~; Larraona, op. cir., "266. 230 September, 1956. EXCLAUSTRATION AND SECULARIZATION 8. Sufficient reasons. Very serious' reasons~are required for secu-larization, and the ecclesiastical authority competent to grant the indult is the judge of their sufficiency. There must be a reason over and above the mere desire to'leave religion. The ir~dult is granted because of the motive of the request, not merely because it is requested. The most common reaso~ is that the religious finds the religious life morally impossible or too difficult, even if this state arises from culp-able causes that he will not correct, The difficulty may have its source °in the vow of chastity, obedience, or poverty, the common life, work, or general life of the institute. A reason insufficient in itself may become sufficient when the mental state of the religious that be will not correct is taken into account, e. g., if his desire to leave makes him useless or a source of harm i:o the institute. Other reasons of equal or greater import will suffice, ~. g., lack of suitability for the work of the institute, ill health, mental depression, necessary support of parent.s, and the case of those who are counselled to leave because otherwise the institute will initiate their dismissal. 9. Petition. The religious himself asks for the indult of seculari-zation, since it is a voluntary leaving of religion. He is to write out or at least sign his request, stating his name in religion and in the world, name of his institute, his present address, age, number of years in religion, of what vows he is professed and for how ,long, what orders he has received, that i~e requests an indult of seculariza-tion, all the reasons, and the date. The institute should retain a copy of this petition. The petition should be forwarded to the competent authority ordinarily through the superior general or at least through a higher superior. All the statements above (n. I) on the necessity of the consent of superiors for exclaustration apply here also. The higher superior should enclose a letter with the petition giving all in-formation pertinent to the case ;~nd his own opinion as to whether the religious should leave, substantiatin~ the latter with all reasons and facts that he may know. 10. Acceptance and refusal of indult. (a) Acceptance. When the indult of secularization is received, it should be communicated to the religious; and he should manifest his acceptance of it. "Any instruc-tions on the manner of acceptance contained in the indult are.to be followed. Otherwise, it is ,sufficient that the religious manifest his acceptance by any external s, ign that expresses acceptance. It is better for the acceptance to" be manifested in writing and before two wit-nesses. The following or a similar statement should be written or typed: "I attest that I today accepted, an .indult of secularization 231 JOSEPH 1~. GALEEN from the Order (Congregation)~ of N." The statement should con-tain mention of the place and date. It is to be signed by the recipient before the two witnesses, who are themselves to sign the acceptance as witnesses. The document is to be preserved in the files of the in-stitute. It would be well also for the higher superi'or, personally or through another, to give the secularized ex-religious a written and signed statement on the stationery of the institute to the effect that he had received and accepted an indult of secularization and .accordingly left religion free of all obligations of the religious life. The place-and date are to be mentioned also on this statement. (b) Acceptance and immediate repentance. An indult of seculari-zation produces all its effects immediately upon its acceptance, even if the former religious repents instantly and before leaving the house.12 (c) Refusal. Secularization, even though voluntarily petitioned, has no effect.until accepted; and the religious may refuse to accept the indult.13 If the institute, whether pontifical or diocesan, has serious reasons against the refusal these are to be proposed to the S. Congregation of Religious, which could oblige the religious to accept the [ndult or declare [hat the indult has its effect without ac-ceptance, thus making it equivalent to a form of dismissal.14 The formalities described above for an acceptance should also be followed for a refusal of the-indult. (d) Later useJof a refused indult. If the religious definitively fused the indult and later wishes to leave, a new indult must be pe-titioned. 'If, all things considered, 'the refusal was only doubtful, hesitant, not definitive, the indult is suspended and may be used later. If it is not accepted nor definitively refused within six months, the matter is to be referred tO the ecclesiastical authority that issued the indult.~ (e) Present practice of the Holt¢ See. Indults of secularization granted by the Holy See, for those who are not priests now contain the sentence: "This decree ceases to have any validity if hot'accepted by" the petitioner within ten days after being informed of the execu-torial decree." If within ten days: (1) the indult is expressly ac- 12. Cf.'Guti~trez, o/9. cir., 32 (1953), 194: Creusen, o/9. cit.,'n. 332, 3; Fan-fani, De lure Religiosocaro, n. 490. 13. S. C. of Religious, Aug. I, 1922; Bouscaren, ol9. dr., I, 326. 14. Ci:. Maroto, Commentari,,m Pro Religiosis, 4 (1923), 106. 15. Cf. Goyeneehe, Quaestiones Canonlcae, II, 126-27; Guti~rrez, o/9. cir., 32 (1953), 194-95: Jombart, Tcaitd de Dcoit Canonique, I, n. 907; Muzzarelli, Tractatus Canonicus de Congregationibas luris Dioecesani, 172: Jone, Cora-raeotarium in Codicem laris Canon.&[, I, 563; de Bonhome, Ret~ue des com-munautds Religieuses, 26 (1954), 47, 232 EXCLAUSTRATION AND SECULARIZATION cepted, it becomes effective immediately; (2) the indult is neither accepted nor definitively refused, it ceases'to have any validity at the end of this period;~ (3) the indult is definitively refused, all validity of the indult ceases on this definitive refusal. A new indult is to be petitioned if the religious repents of his refusal and wishes again to leave, even during the ten-d.ay period. The practice of the'.Holy See is not to grant the indult directly to'the religious but to commit to an intermediary person, e~ g.; the local ordinary, the granting of the indult to the religious. The actual granting of the indult by this intermediary is called the executorial decree. The ten days begin to run from the time the ~eligious is offi-cially notified of the executorial decree, not from the date of notifi-cation of the rescript of the Holy See. The day of notification, is not computed. If the notification is given on August 1, the ten days expire at midnight of August 11-12. This time does not run for any period in which the religious was ignorant of or unable to ex-ercise his right of acceptance and refusal.l~ 11. Effects of an inctult of secularization (c. 640). The effects are always the same, whether the indult is granted by the Holy See or ~a local ordinary~ The latter cannot determine the effects of an indult granted by himself, since these are determined by c. 640. One who has been secularized ceases simply and absolutely to be a r& ligious. He is in the same state as if he had never been a religious and° consequently has none.of the rights or obligations of a religious. Can. 640 specifie~ these effects by stating that he ceases to be a mem-ber of his institute; that he must put off the religious habit, as ex- ,plained in n. 4; that he is freed from all the vows of his religious p~ofession, even if solemn; that he is no longer bound by the con-stitutions nor by any particular law of his former institute nor by the obligation of .reciting the Divine Office in virtue of religious pro-fession; and that he loses a.ll rights and privileges of a religious. A secularized religious cleric in sacred orders is bound by tl~e obligation of clerical celibacy and chastity (c. 132, § I), of reciting tl'ie Divine Office (c. 135), and of wearing becoming ecclesiastical garb (c. 136, § 1). In the celebration of Mass, the recitation of the Divine Office, and the administration and reception of the sacraments, the secular-ized religious follows the rite and calendar of the diocesan clergy and laity, not any special rite or proper calendar of his former in-stitute. A secularized religious ma.y not. be admitted into any re-ligious institute without a dispensation from the Holy See, since he 16. Cf. Guti~rrez, ibid., 186-97; Larraona, op. cir., 266. 233 JOSEPH F. GALLEN Review for Religious. is now bound by the invalidating impediment of c. 542, I°, of a previous religious profession. If he is again admitted,, he is not obliged to make another postulancy17 but must make another novice-ship, temporary profession, for the full time prescribed by, the, con-stitutions, and perpetual profession. His seniority is determined by the new profession. A dispensation may be requested for'a lessening of a noviceship of more than a year and also of the time of tem-porary profession. The questions specific to clerics in minor and sacred orders (c. 641) and the privations that affect the latter (c. 642) can be found in the ordinary canonical manuals. (a) Return o['tgroperty. The institute has no obligation to re-store to the secularized religious any property that he had given to the institute, e. "g., in the renunciation before solemn profession. However, it is the very common d6ctrine of authors that equity counsels the restoration of a part of such property, at least if it has not been expended,is The renunciation, ceases to have any validity with regard to property that will come to the former religious in the future. A professed of simple vows regains the administration, use, and usufruct of his personal property (cc. 569, § 1; 580, § 3). A few constitutions contain the provision that clothing and personal effects brought to the institute at entrance are to be restored in their current condition to a religious who leaves'or is dismissed after first profession. Such a provision is to be obeyed. The constitutions may contain the contrary provision that hll such objects, except those of sufficiently notable value, are implicitly renounced in favor of the institute at first profession. In the absence of any provision' of the constitutions or custom, the latter doctrine may at least probably be followed. The ihstitute cannot be expected to permit the religious to carry all such objects from house to house or be obliged to retain and store them. The entire capital sum of the dowry, ~but not the interest already derived from it, is to be restored to a.secularized re-ligious woman (c. 551, § 1)i It is forbidden to deduct anything from the dowry for ordinary or extraordinary expenses that the institute had to pay in favor of the religious, e. g., for her support as a postulant or novice, studies, or illne'ss. A secularized r~ligious may not seek compensation for services rendered to the institute at any 17. Cf. c. 640, § 2: Larraona, Commentacium Pro Relioiosis, 16 (1935), 223; done, ot9 clt., 565. 18. Cf. dombart, o19. cir., n. 908; Beste, lntroductio in Codicem, 436; Claeys Bouuaert-Simenon, Manuale duris Canonici, I,, n. 689; Bastien, Directoire Canonique, 440, note 3; Vermeerscfi-Creusen, Epitome luris Canot~ici, I, n. 801. '234 EXCLAUSTRATION AND, ~;ECUL!~RIZATION time from his entrance .(c. 643, § 1). 12. Charitable subsidy for religious wotner~ (c. 643, § 2). The charitable subsidy consists of suitable clothing, personal effects, and a sum of money sufficient to enable a religious woman to return home safely and becomingly and to provid~ her with the means of a re-spectable livelihood for a period of time to be determined by mutual consent or, in the case of disagreement, by the local ordinary. The subsidy need not be prolonged beyond the time required for finding employment suitable to the condition of the former religious. If she is quite old and infirm and without resources, she must agree to enter" into a'suitable institution intended for persons of that condi-tion. The help given by her former institute need never have the~ character of a pension for life.19 Constitutions of religious women most rarely determine whether it is the institute, province, or house that is to furnish the subsidy. The matter.is therefore determined by the 'usage of the particular institute. The subsidy is to be given when the religious was received with-out a dowry or with a dowry insufficient for the purpose2° and cannot p~ovide for herself sufficiently from her own property. In " these circurfistances therefore the institute is obliged to give either the full amount of the subsidy or, in the event that the religious has some property of her own and/or a dov~ry insufficient for the purpose, the added amount necessary to equal the full amount of the subsidy. The ~ubsjdy has to be given to any ~eligious woman who leaves at the end of temporary profession or is then excluded from renew-ing temporary or making j~erpetual profession (c. 643, § 2), who is secularized during temporary or perpetual profession. (c. 643; § 2), or is dismissed during either temporary or perpetual profession (cc. 643, § 2; 647, § 2, 5°; 652, § 3). The code does not mention the subsidy in c. 653, which treats of s.ending a religious back im-mediat. ely and provisionally to secular life, nor in c. 646, which lists the crimes that effect theipso facto dismissal of religious. How-ever, the general canon on the subsidy is 643, § 2, which is evidently closely joined with the firs~ paragraph of the same canon. The latter lists dismisged religious without any restriction. The subsidy should certainly be given in the first case. It seems that it should also be given in the second case. It is not likely that the reli~gious is deprived of the su, bsidy because of the greater culpability of these crimes. The 19. Creusen, op. cir. n. 338; .]'ombart, op. cir., n. 908. 20. S. C. of Religious, Mar. 2, 1924: Bouscaren,.op. cir., I, 300. 235 JOSEPH F. GALLEN Review for Religious ordinary dismissal of a religious wbman of perpetual vows demands culpable reasons, yet the code certainly commands that the subsidy-be given to all religious women dismissed in the ordinary manner. The canonical obligation of giving the subsidy is confined to religious women. However, an institute of men will practically al-ways have to give a subject in the same circumstances suitable cloth-ing, personal effects, and a sum of money sufficient to enable him to retu, rn home safely and becomingly; and equity and charity may oblige the institute to assist him financially until he secures em-ployment. 21 13. Special exctaustration (exclaustratio qualit~cata) o1: priests. This is, equivalently .a temporary laicization and secularization. Lai-cization deprives the cleric of the licit use of the power of orders, of clerical offices, rights, and privileges, and frees him of all clerical obligations except that of clerical celibacy and chastity attached to sacred orders (c. 213). The effects of secularization have been de-scribed above. In special exclaustration clerical and religious rights and obligations are not removed but'suspended for the time of the indult. This form of exclaustration is new and was introduced in the practice of the Holy See in October, 1953. It is confined to priests and may be granted only by the Holy See. The indult is generally given only on the petition of the subject or at least with his con-sent. It is likewise temporary and is usually granted only for a brief time, e. g., one or two years. Special exclaustration is a tem-porary and provisional remedy and ordinarily presupposes, tempor-ary reasons that will probably cease by its use. Typical cases are those of a serious crisis of faith, of disgust or fear "of the religious and priestly life, serious da,nger of public scandal or of apostasy from the priesthood or from fai.th, some physical infirmities, serious psy-chic disorders caused by the persuasion of a fundamental lack of aptitude for the priestly and religious life, depressive and scrupulous states, obstinate abstention from the celebration of Mass and from the sacraments caused partially, by infirmity and scruples, invincible repugnance to the exercise of the priestly ministry, and a secretly sinful life with consequent psychic depression and the persuasion that the life of chastity is impossible. The Holy See is ac,utely con-scious of the various dangers of this form of exciaustration and pro-ceeds prudently and cautiously in granting the indult and acts only 21. Cf. Woywood-Smith, A Practical Commentary on the Code of Canon Law, I, 323; Coronata, op. cir., 845; Cappello, Summa luris Canonlci, II, n. 630; ¯Regatillo-Zalba, De Statibus Particularibus, n. 254. 236 September, 1956 EXCLAUSTRATION AND SECULARIZATION ¯ after having obtained complete information of the course of life of the petitioner. The priest continues to be a member of his institute, and this constitutes the essential similarity to ordinary exclaustration. The obligation of all the religious 'vows is suspended, but that of clerical celibacy and chastity attached to sacred o~rders remains. All other clerical and religious rights and Obligations are s,uspended, all clerical ministry is forbidden, and the priest is in the state of a lay person with regard to the reception of the sacraments. The indult places him under the special discipline and assistance of the local ordinary and of the institute that he may be charitably guided to upright and be-coming conduct and be aided in overcoming the crisis. He is obliged to put off the external form of the religious habit, as in ordinary exclaustration and secularization, and be ii also forbidden to wear ecclesiastical garb. He retains the merely spi'ritual privileges of his institute but does not have any of the other rights nor active and passive voice. During the time 'of the indult he acquires property for himself and may and should provide his own support. Before leaving religion he is to give the superior a declaration that he will provide his own support during the exclaustr~tion without any ob-ligation on the part of the institute. Cases can occur in which this declaration will not be prescribed, and the institute in charity should support the subject insofar as he cannot do so himself. Superiors may receive the subject back into the institute before the expiration of the indult~ but the clerical privations remain intact. until the Holy See has given its decision. On the expiration of the indult, the priest is obliged to return to his institute and recourse is to be made to the S. Congregation for a decision of the case. Su-periors, however, may use the faculty of c. 606, § 2, and permit him to live outside the institute for a brief time until the S. Congre-gation decides the matter. The indult can also cease on" its revoca-tion by the S. Congregation, either on the petition of the subject or for a serious reason on the initiative of the S. Congregation. The indult likewise ceases on the granting of perpetual laicization, by the penal infliction of such laicization, e. g., in the case of public scandal, or by a petition for secularizatior~ when the priest has found a bishop who is willing to receive him according to the norm of c. 641. All of the above on special exclaustration is a synopsis of Gutiirrez, Commentari~m Pro Religiosis, 36 (1955), 374-79. The matter i~ briefly described also in Sartori, durisprudev.tiae Ecclesiasticae Ele-menta, 3 ed., 60-61. ~ 237 Mo!:her Dolores Sister M. Teresita, S.H.F. The story of the foundress of the Sisters of the Holy Famil'y THE sudden rush of the ambitious gold seekers of 1848 gave Cali-~ | fornia, and San Francisco in particular, a cosmopolitan Char-acter. But abreast with the adventurers came new recruits in the missionary field seeking the finer gold of precious human souls. Ireland supplied a great many zealous young priests who-were ready to sacrifice home and country. They came to minister to the spiritual wants of her children who followed the lure of gold to the far-away shores of the Pacific. Foremost among the early students of All Hallows' Seminar~, in Dublin was John J. Prendergast. Born in Clogh~e, County Tip-perary, Ireland, in 1834; Father Prendergast was ordained for the Archdiocese of San Francisco on June 26, 1859. His great talents and fervent piety marked him out as an extraordinary student. He was offered a place on the faculty of All Hallows. As he was or- .dained for San Francisco, the authorities communicated with Arch- 'bishop Alemany. To make sure of the Archbishop's permission, two priests were offered in place of Father Prendergast. The de-" cision was left to the newly ordained. He refused the honor and set out for the distant country, chiefly known to the gold hunter, the specul~tor, and adventurer. He arrived in San Francisco when it was in the throes of civil, reli~lious~ educational, and social disor-ganization. In the exercise of the sacred ministry, Father Prendergast met the poor, the unfortunate, as well as the newly rich. He frequently walked the streets of the rapidly growing metropolis sprung out of the sand dunes, the city built,on the hills. His priestly heart ached for the many children he found who were totally ignora.nt of the truths of the faith of their forefathers. The sudden growth since the gold rush. of '49 had far outstripped municipal facilities. Mission Dolores was the parish to which Father Prendergast was assigned. It covered two-thirds of the present area of San Fran-cisco. In taking the census, this ardent son of Erin found many of the children of the poor living in frightful conditions. Many, whose mothers were obliged to go out to work for their living, were left alone all day. They were locked in their backyards with a half losf of bread and a bottle of milk to suktain them. Daily, Father 'lSrayed 238 MOTHER ~OLORES for a solution to the problem and begged God to send a suitable person to inaugurate a systematic campaign among the poor and neglected families of his parish. It was in the sun.rsplasbed gardens of historic Mission Dolores that Father Prendergast first met the high s~0irited, vivacious Eliza-beth Armer. Elizabeth had accompanied Mrs. Richard Tobin to arra, nge to have Masses said for departed relatives. She was standing there beside her" dark-eyed foster mother, the morning sun shining on her golden crown of auburn hair. She carned her fifteen years with girlish dignity. The warm, radiant personality manifested in one so young impressed Father Prendergast. Father felt that Elizabeth, though still a young girl, was just the one to begin his work. When he was later transferred to the Cathedral parish, he secured her services as a religion teacher for the children. She also assisted in cariflg for the altars. Eagerly he watched the unfolding of this beautiful flbwer in God's chosen gar-den. Rapidly plans for a much-needed institute developed in his own mind. Elizabeth Armer came to us out ~f Sidney, Australia. Little is known of her ancestry or early childhood. She was born on April 30, 1851. Soon after she arrived on our shores with her family, her mother died. Her father, Robert Amkr, remarried. It was the oft-repeated story of the step-dhild. Richard Tobin, a friend of Robert Ar~mer, coming home from the office one~da~, said, "Mary; I have a surprise for you. I've brought you a new daughter." Mr. Tobin told his wife that she was the child ofhis.old friend Robert Armer and added, with, deep faith, "Mary dear, God will provide." And God did. Elizabeth was enrolled in the classes at Presentation Convent. Here she spent her happy" school days under the supervision and in-struction of the good Sisters of the Presentation of the Blessed Virgin Mary. That Elizabeth developed such a well-adjusted personality, spite her early misfortune, was due to the sympathetic understand-ing of her new parents. The comforts of their luxuriant home on exclusive Nob Hill did not distract Elizabeth from her love of God and souls. She often met little folks on ,thestreet. She would ,stop them to talk with them. This tall, beautiful girl would ask, "Do you love God? Do you say your prayers? . But we don't know any prayers, Miss," they would answer. "'Come to our house and I will'help 239 " SISTER M. TERESITA Review [or Religious you to learn to love God and to talk to" Him." Soon, Elizabeth had gathered quite a group of children around her to "learn about God." Her foster father remarked that their home was beginning to take on the appearance of a kindergarten. However, Mr. Tobin good naturedly tolerated the invasion. Mrs. Tobin often accompanied Elizabeth on her visits to the homes of the poor. In the institute of which she was destined to be foundress, these early characteristic traits, zeal for sQuls, love for the poor, were to be its distinguishing marks. Alleviation o.f both material, and spiritual poverty, .especially in families, was to be its special work. Soliciting funds from the wealthy to aid the less fortunate was to be the means, of extending help. 'They would seek out the children who needed religious instruction. They would lend a helping hand where needed, to preserve the family. This apostolic social work and social-minded apostolate are the_constant endeavors of her spiritual daughters, today. In spite of her active participation in the lay apostolate, Eliza-beth yearned for a complete dedication of her life to God, Her per-sonal love of the Saviob drew her with such force that Elizabeth thought that God was calling her to be a Carmelite. The future foundress desired to do God's will rather than her own, which led her to consult the archbishop about her vocation. "Elizabeth," replied the saint!y'Archbishop Alemany, "Father Prendergast and I have another work for~ you to ~1o, There are the little ones to be cared for while their mothers are off to work. And who is to instruct the children of our big city in the ways of faith, hope, and love? They must be prepared "for the Sacraments; they must be brought to the knowledge, love, and service of God. There are the poor to be visited in their homes. There are hearts to heal and souls to save in our busy city streets. This, is the work Ggd wants you to do, Elizabeth." To give up the s.ecurity of a life in a long-established and well-ordered religious congregation! To launch out on the rough sea of uncertainty of establishing a new institute! Was this what God was asking?. With firm faith and steady heart, she gave herself with perfect trust into the care of God's representative. This same simple faith, ardent love; and child-like trust mzrked all her dealings with God and men throughout her beautiful but comparatively short life. Trials were. not wanting; for it is only in the crucible of suffer-ing that the pure gold of such a soul is tried. It was necessary that the edifice of the Holy Family institute (the eternal inheritance be- 240 September, 19~6 MOTHER DOLORES queathed by Mother Dolores to her spiritual children) had to rest on the solid foundation of deep humility. God was not long in sending the first trial. Elizabeth was now twenty years of age. The time had come for definite action. At the bidding of her archbishop and Farher Pren-dergast, she left her foster parents' home. With one companion, Miss Collins, she moved into a little rented flat on Pine Street on November 6, 1872. This is Foundation~Day. DaiI~ they went about the duties of caring for the poor, the sick, and the needy: From the outset, the idea of a religious com-munity was in the mind of the founders. They were to devote them-selves generously to the service of God in the children and the poor. Father Prendergast had very definite i~leas of the life and work off. the young institute. To visit the homes of the poor, to bring" relief to the sick, to seek out the neglected children in their families--these are goals in social work that cannot be too much insisted upon. There is danger in our modern projects, providing recreation grounds and community clubs and hikihg expeditions, to neglect the family. 'Father Pren-dergast's idea of assistance covered the whole field of need. "Help-ing others to help themselves," was to be the m6tto of his welfare work. These two energetic young women labored enthusiastically for some months. The good the future institute was to accomplish, in the designs of God, was to be far-reaching. The souls to Obe snatched from Satan were to be 'many. Of course, the devil did not like this. He had his own plan to kill this good work in its infancy. On the other hand, every good work must be tried in the crucible of tribulation: A soul as staunch and courageous as that of Elizabeth Armer must be refined yet more. One morni~ng Miss Collins failed to report for duty. When Miss Armer visited her room, there were visible, On the hands and feet of Miss Collins, the likeness of the wounds of the Savior. Ever straightforward and upright herself, Miss Armer did not doubt her companion's sincerity. The incident created quite a stir. Shortly after, however, on investigation, it was discovered that the wounds were self-inflicted. Miss Collins was dismissed. , The incid'ent is brief in the telling, but who can kno~v the de.ep wound in the soul of the trusting Elizabeth. The scorn that sur-rounded her young institute. The infidelity of one she loved and trusted. 241 SISTER M. TERESITA ~ Review for Religious Another joined Miss Armer for a time. But the work was too hard; the.scorn was too difficult to bear. Friends of Father Prender-gast advised him to give up the idea. One after another had failed. He only replied, "There is one who will never fail, Elizabeth Armer." These were indeed dark days for the young foundress. She never referred to it--this trial was one she bore alone. She leaned on God alor~e for support. She maintained the same zeal for works of charity, the same devotedness to the poor and to the children of the Sunday schools. She did not seek a moment to relax. Her visits to the sick poor continued as before. When she needed a companion, she al-ways knew where to find one in the ever-faithful Mrs. Richard Tobin. Nearly two years had passed since Miss Armer had begun her work in the little rented house on Pine Street. They had been years of struggle and discouragement. True, they had been fruitful of good, but barren as far as a religious community was concerned. Alone, "disappointed in one, abandoned by another," the future Mother Dolores prayed, labored, and trusted in God. Mrs. Tobin remained faithful and Father Prendergast maintained his confidence. Then renewed hope came. On lk-lizabeth's birthday, in 1874, there came a, caller. It had been Ellen O'Connor's third attempt to see Miss Armer. "You are my birthday present!" Elizabeth exclaimed, when Ellen told her that Father Andrew Cullen had sent her. "This morning I asked the" Blessed Mother to send me a present. Have you come to stay? . I hope so," was Ellen's reply. ,And she did. As Sister Teresa, Ellen became the lifelong companion of Mother Dolores and succeeded her as Mother General of the institute. The new enterprise had been marked with the cross, the sign of God'~ special favor. The youthful foundress had proved herself faithful. The work was readyto move fbrward.:. Very soon, other generous young girls came knocking at the door of the little rented convent asking, "May I help too?" The poverty of the flat did not seem to frighten them. The long .hours among the children did not seem to tire them. The night watches with the sick and dying did not make them change their minds. They had cgme to give their all to Christ. He was all in all to them! This was the generous, self-sacrificing spirit that animated those early sisters who were first known as "The Miss Armers." Father Prende~gast called them Sisters of the Holy Family. And that name has been made their own. In rapid succession, four young ladies came to. join Miss Armer 242 September~ 1956" MOTHI~R DOLORES and Miss O'Connor. Winter,was now past for the young institute, and God was blessing it with increase. Archbishop Alemany decided that ,steps should be taken to establish a regular religious congrega-tion. Miss O'Connor was sent to the Dominican Convent in Benecia to make her novitiate. In 1878, she pronounced her .vows as Sisger Teresa of Jesus, in the presence of the Archbishop and the sisters. Now the foundress became .subject and, with her four compan-ions, began her novitiate under the direction of Sister Teresa. They completed their required novitiate in March, 1,880. On the Feast of St. Joseph, faithful guardian of the Holy Family and special pro-tector of the institute, Sister Dolores and the four sisters pronounced their holy vows. The Sisters of the Holy Family were molded into a new congregation in the Church. California's' own; its first, and still its only, native religious institute. Alr~eady, as early as1878, Archbishop Alemany"entrusted a new field of labor, which had long been dear to his heart, to the infant community. They were asked to care for young children throughout the day, whose ~mothers were qbliged to work to support their, little ones. Ever mindful of the sacredness of the integrity of family life, the Archbishop saw in these Day Homes the fulfillment of his early plans. At first the sisters shared their own convent with these needy ones of Christ's flock and cared for them "'with the fender charity of a Christian mother~" In due time, four commodious Day Homes were erected in San Francisco through the industry .of the zealous sisters and the charity of kind benefactors. Abreast with catechetical work, the Day.Hgmes have since spread to San ,Jose, Oakland, and Nevada. From their new mother house on Hayes Street, these~ new, ly pro-fessed religi0us, now augmented by more members, carried on the apostolic work already well begun, They set out on their exalted and laborious mission of pushing back the frontiers of rel.igious ig-noranCe.~ The growing city of San Francisco was their first concern. Soon, pastors of parishes outside of San Francisco were asking for the sisters. They gathered th~ children together after school as well as on Saturday and Sunday rhornings. Sometimes classes were held in an unused store. At Tanforan~ race ,track, they held sessions in the pavillion where the children came to them on foot, on. horse-back, or in wagons. Stories could be multiplied without end, of the men and women, priests and religious, who trace their first desire to hear of Godtto the 243 SISTER M. TERESITA Review for Religious kindly invitation of these seekers of souls. This attraction which her sisters have fo~ children seems to be one of the priceless !e~acies Mother Dolores has bequeathed.to her f~mily. We might cal[ it the special sacramental character of their missionary vocation. These were the specific works of the new institute. However, Mother Dolores.was not slow to respond to emergencies. San Fran-cisco's P[esidio became the port for the sick and wounded soldiers during the Spanish American War. Suddenly the dread typhoid ,plagde broke out in the camps. Her sisters willingly volunteered for active duty as nurses. Mother Dolores herself prepared and provided many of the medic~i1 supplies during the three months in which the disease raged. A grateful city expressed its thanks to the valiant work of the many sisters who foughttthe plague by granting free transportation to all sisters on her street cars and buses, even to this day. The memory of the public service rendered by the sisters in this emergency prompted city officials to call upon them in the greater catastrophe of the 'terrible fire and earthquake of 1906. When the trembling city was licked with flames, the sisters could be found assisting the sick and dying. Their mother house became a hospital for the insane. The now homeless desuits found a tem-porary shelter 'on the main floor of the convent. In return, th~ey have given the mother'.house daily'~Mass ever since. The sisters' im-mediate and efficient, response to the city officials' appeal for help in San dose du.ring the influenza epidemic again manifested their alert-ness to the need for prompt and generous action in public calamities. Tireless in her efforts to save souls, Mother Dolores never spardd herself. The work. of organization and administration of her grgw-ing community was taxing her physical ~trength more than her sisters ~realized. A severe heart attack made it evident that Mother's condition was critical; she was'but.53 years old. Father Prendergast was called to her bedside. On seeing him, Mother simply said, "I am going." "No doubt you would like to see your work more~ per-fectly finished and carry out some 6f your plans before going to Heaven, to our Lord." She answered, "God knows best." So on August 2, 1905, her ardent souF in all its radiant splendor, like a restless flame, leaped from the charred remains of its burned-out temple, to the presence of her Creator, her Divine Lover. Mother Dolores was a product of her age and locale. She im-bibed the spirit of the adventurous gold seekers. By supernaturalizing 244 September, 1956 MOTHER DOLORES that spirit, she became an adventurous soul seeker. : Ever mindful of the necessity of adaptation to changing times, the progressive spirit of the foundress was passed on to her daughters. When modern means of travel proved helpful, they were used. The Sisters of the Holy Family were driving their own cars to distant missions when women drivers were still uncommon. Across the alkali beds of Utah, the deserts of Ne,~ada, or into its high moun-tain peaks they go. They use every means to bring the word of God to the ghost towns so reminiscent of the "Gold Rush." Now they contain only the precious ore of immortal souls. The populous cities witness their zeal in going from school to school during the day, teaching on released time. In the far~flung parishes of the Monterey-Fresno Diocese, they travel within the radius of forty-five miles of their convent home. They gather small groups in one-room schools of tile districts. Soon, a little chapel marks the spot and the Mass comes to another outpost conquered for Christ. Or, in the more populous areas, they assemble large groups, for which ~hey need the belp of a "walkie-talkie" to make themselves heard. Always seeking souls, the sisters will be found with the Mexican~ in Texas, extending the frontiers of faith among the~ Indians in Nevada, the Chinese in Fresno, the colored in our large c~ties, the Hawaiians in Hawaii. The young Americans from every state in the Union, who are pouring into our beautiful California in fabu-lous numbers, are feeling the impact of their religious training. Today, the daughters of Elizabeth Armer are laboring in three archdioceses and six dioceses. They are ~nstr~cting 79,000 public school Children in 225 parishes. Last year there were 1400 belated baptisms and 12,843 first Holy Communions. What a rich harvest of souls! Indeed, the fires of her zeal had inflamed many generous young women. The highways and byways,, the towering moun-t;~ ins and the lowly valleys, know the steady progress of this veri-table conflagration-~conquering one outpost after the other for Christ. The welfare work done among these families cannot be estimated. The Day Homes gave day care to 2,000 regardless of race, colo~, or creed during the past year. The same spirit of faith that SUlSported the pioneer sisters is re-flected in the constitutions of the institute "The special end is to instruct and educate children in the doctrine and practice of the Catholic faith . . ." 245 P. DE LETTER Review "for Religious Wl~en death claimed Mother Dolores on August 2, 1905, there was as yet no foundation outside of San Francisco. Mqnsign6r John J. Prendergast went to his reward on January 19, 1914. Pontifical approval was not requested until many years later, so it was not until-July 8, 1931, that the Holy See issued its decree of praise and approval of the" congregation and its constitutions, thus raising it to the status of a pontifical congregation. Monsignor Pren- ~dergast and Mother Dolores witnessed the crowning of their efforts from heaven when on May 28~ 1945, Pope Plus XII, gave tile definitive approbation, bidding the Congregation to ""continue to the~ end of,time." OnMet:hod in !:he Spiri :ual Life P. De Letter,,S. J. THE most common inconsistency is to desire some end and not to take the means to attain it" (Father de Pdnlevoye, S.J.). This applies particularly, though in no way exclusively, to the spiritual life. It happens, and perhaps it is not rare, that we wish for some certain ideal, desire a particular step forward in spirituality, and neglect to take the means. What is the root of this inconsistency? No doubt some sort of inertia-, of fear of effort. We fight shy of exertion. One takes it easy, and so nothing happens. ~We may not like to confess this sort of laziness. No one, no religious, especially, likes'to acknowledge he is lazy. Perhaps that is why not infrequently an endeavor is made to cover up this ihdecision and lack of action with theoretical difficulties. Perhaps the main difficulty in this re-spect is an objection against method in the spiritual life. For; if one were to follow a method, one would be doing something hbout one's intended objective. THE OBJI~CTION The objection is this: In, the spiritual or supernatural life, 'free-dom must be left to the Holy Spirit, to the initiative and inspiration of grace. It is not we who have to take'the initiative; it is the Spirit that takes the lead. Methods endanger 'the freedom of the Spirit who moves as He pleases; they may stifle the growth of the spiritual life, kill its spontaneity. Perhaps today a little more than formcrly this objection is raised, if not in theory then at any rate in practice; 246 September, 1956 ON METHOD IN THE SPIRITUAL LIFI~ it is acted upon. A number of people who yet try tO lead a spiritual life are inclined to care little for effort, for methodical application to prayer, or to the practice of definite virtues. They like to trust in the inspiration of the m, oment, to" follow the movements of grace rather than to forestall them. Lest this objection may actually turn into a cover for laziness, it is worth considering the issue. We shall do so and first consider method in general and then a concrete ex-ample of it, the Ignatian method. THE ISSUE: METHOD AND COOPERATION WITH (~RACE According to Father'de Guibert's Tl~eolog~ of the Spiritual ~Lit¥, n. 176, the use of method in the spiritual life, in prayer, or in the acquisition or practice of a virtue consists in baying some pre-fixed mode of action, suitable, fo? attaining an end and of application in a series of cases. In mental prayer, for example, it means that one prepares and foresees the subject matter and order of meditation, then starts with a progressive introduction to the subject, follows ,point by point using on'e's memory, understanding, and will--re-flecting, prayer, res, olving and ends with a colloquy. Andther ex-0 ample of use of method is the particular examen applied to the prac~ tice Of a virtue. One foresees what should be,done, how and when, resolves beforehand to pay attention and make the effort, and. tv~ice a day checks the way one went about it, examining success or. ill-success and its cause, resolving again 'to do better in tl4e next. half day. " Now, the problem involved in this use of method is that of our cooperation with grace. How must we conceive this cooperation? Tl~e spiritual life, being supernaturally inspired, actually is a matter of cooperation of our free will with grace, the latter leading, the first following~the lead of grace. It is beyond all doubt that in every; supernatura! activity it is grace that takes the initiative i(just a~ it is the reason of its spiritual fruitfulness and success, but this does not concern our present problem). And so the question is whether the use of method goes against the initiative of grace. Do We by'mak-. ing use of such methods as mentioned abbve take an initiative in the spiritual life that should be left to grace, to the inslAibation of the Holy Spirit? , ANSWER ~ We answer: The rigl~t use of method does not hinder the initia-tive of grace but is only ou'r way of cooperatirig ~with grace. When will the use of method be right? On two conditions: when it is 247 P, DE LETTER Review #:or Religious itself prompted by grace and when in its actual practice one does' not stick too rigidly to fixed details but follows eventual inspira-tions of grace that invite to greater liberty of spirit. 'The use of method can .be, and generally is, an answer to indi-cations that come from .grace. When duty calls to set exercises of prayer~ as when the bell sounds for meditation, or when providential ~ircumstances or genuine inspirations of grace (which are in perfect agreement with duties of obedience) invite to a particular practice of virtue, we may take it that to apply oneself methodically to prayer or to virtuous practice i~ merely to answer the initiative of grace. That is our way of cooperating with grace. There could be nothing but self-delusion in waiting for the promp.tin~s of grace to begin meditation when the hour of prayer is there. Method, used in these, circumstaF~ces,is but a guarantee that we are not wanting to grace but do our' share~ Yet in doing our share, enough freedom of mind must be kept for allowing grace to direct us whenever the Spirit so'chooses. A well-known example of this freedom is given in the directive of the Spiritual Exercises to the effect that in meditation we should stop at the poi,nt in which we find spiritual fruit, without any anxiety of going further, stop as long as we find what satisfies our spiritual need. This freedom and docility to the Spirit forestalls 6vet-rigid fidelity to mechanical rules. When grace clearly, takes the le~d, we follow. When the promptings of grace do not draw us, we on our part do what in us lies to answer the Lord's call expressed in our duty. When we understand the use of method in this manner, then Father de Guibert's practical conclusions in the matter are in no way surprising. He says: To reject all method is unsafe and may amount to the error of quietism; the inspirations of ~grace duly known for. authentic (by the discernment of spirits) may be followed, not how-ever against obedience or clearly known duty; the use-of method, generally speaking, is beneficial, because it is" nothing else" than profit-ing by the experience and wisdom of other people and using the r~eans for the end; methods may and do vary greatly, and freedom must be left in using them, the main point being that one has some method which proves workable; exaggerations however are not ex-cluded, one of which may be undue self-reliance shown in. excessive trust in the efficacy of or~e's method. Such being the case, it may be'well for us religious now and. then to see in which direction the general trend of our spiritual life in- 248 Septemb~er, 1956 ON METHOD IN ,THE SPIRITUAL LIFE clines: are we inclined either to overstress method or to neglect it? The danger of neglect may be the more frequent, because of the ef-fort and monotony involved in methodical action, both of which, may look uninteresting and unappealing. Yet, the other extreme of a too-mechanical fidel~ty is not excluded, nor is it without a danger of turning prayer or virtue into a more or' less fruitless for-mality. IGNATIAN METHOD One of the well-known and much,spread methods in the spiritual life is that of St. Ignatius of Loyola. Perhaps it has been no less maligned than praised. What exactly does Ignatian method consist in? We may characterize it briefly in a feW words: Have an objective in view and take the means to achieve it. Or, more briefly, know what you are after and go for it. What do these two principles mean in practice? How do they respect the initiative that must be left to grace? It is worthwhile to ponder a moment over this simple method~ and see how it enhances rather than hinders the initiative of grace. FIRST PRINCIPLE Its first principle, have a purpose in view, is of the utmost im-portance in spirituality, as in every other field of human activity. In fact, many people oftentimes do not know~ what they are after what they do, say, desire. They do what they do because they have to, or because they feel like doing it, or because they must do something to spend their time and for no reason known to then~ they happened to hit on this particular occupation. Such a manner of living may be little respectful of a man's rational nature; it cer-tainly is not Ignatian at all. St. Ignatius means us to know and to desire .what we intend in prayer or mortification-~or for that mat-ter, in study or manual labor or recreation or social relations. And he wants us to be very definite about our objective. For meditation, he not only begins the exercise with a preparatory prayer in which we ask that our entire activity.during our prayer be directed to God's glory and service; in a, second (or third) preclude he makes us ask for "what we desire," his famous id quod volo, that is, for the par-ticular grace and spiritual fruit which is suggested by and. in con-formity with the subject matter of the meditation. Definiteness of ai~n in prayer is a first Ignatian principle. Does it gb against" the initiative that belongs to grace? On the face of it, it may look as though we ourselves settle beforehand what spiritual fruit or grace we are after; is that not to take the lead and 249 P. DE LETTER Reoieto for Religious to put limits and rules to the activity 6f the Holy Spirit? Is that not a sort of Semi-Pelagianism? The question has more than once been mode :into an accusation, partly perhaps when some hasty or unsym-pathetic reader overlooked what precedes the id quod uolo, namely, to.ask for what I desire. We may point to a threefold answer to this difficulty. First of all, we are directed to ask for the grace we desire; and we may safely take it that this desire and prayer itself is already prompted by grace--is not every salutary act which helps us spiritually to draw nearer to God, and prayer is such an act, a fruit of ~the inspiration of grace? This prayer, moreover, is as it were open to correction; it is' up to God's grace to answer our desire --it is not our effort alone that will carry or enforce it--and to an-swer it in the manner He pleases and knows best. Secondly, the very specification or determination of the grace we ask for is, in principle and generally also in fact, not the result of personal whim or fancy (barring perhaps the exceptional cases of impulsive and weather-cock- like characters who lack or neglect due preparation and fore-' sight) ; it is either provided by external providential indications, as is the case in retreat time or when we use a meditation manual, whether prescribed or advised by a director or even chosen on our own motivated decision, or suggested" by internal inspiration. Of grace. In all these cases, this prayer for a particular grace is but an answer to the initiative of grace. Lastly, this initial desire which to a varying extent inspires the very manner in which we apply our-selves to our prayer does not preclude any new promptings of grace that may and often do arise in the course of the exercise. The above-mentioned Ignatian rule about freedom in stopping at what satisfies the soul clearly entails this. Moreover~ the ~d quod ~olo is often of such a comprehensive nature that it leaves ample and free play to. the manifold and varying inspirations of grace. An example is the prayer made at the beginning of most meditations on the life of our Lord: that we may know Him better, love Him more ardently, and follow Him more closely. This is an ide~il which each particular soul will realize in his or her own p~irticular way--and there are as many various ways nearly as there are particular individuals ~and particular vocations. Futhermor.e, tfiis definiteness in asking for a particular grace is mainly a matter of psychological preparation and should not be misunderstood in the sense of dictating to grace. As in any other human uladertaking, so also in prayer; definiteness of aim makes for definiteness in efforts; and this guarantees definite results, just as vagueness of aim leads to vague and weak efforts~ 250 - September, 1956 ON METHOD IN THE SPIRITUAL LIFE and vague and poor results., Accordingly, it is safe tO say that Ig-natian definiteness of aim in our prayer does not clash with the initiative due to grace, provided 0nly we handle our method with a pure intention and with the necessary freedom of spirit. This free-dom is perhaps less fo be attended to in the beginnings of a life of ¯ prayer or of religious training; beginners generally do well to follow directives closely. But after years of practice, experience should teach one what this freedom means, and how it opposes in no way thorough generosity. So much for the first: principle in the Ignatian method~. SECOND PRINCIPLE The second principle; take the means to the purpose you are after, implies mainly two things. It first means to say that we should make the necessary effort. We should not expect results without taking the means that must produce them. Perhaps it is very l'Juman (or must we say childish?) to rely on ,good luck whilst, neglecting what one should do, to hope: and expect that' things will turn out for the b~st somehow. Children in fact more or less expect"miracles to happen. But is tha.t reasonable and safe? Is it not overlooking one of the very first principles of reason: that every effect demands a sufficient and proportionate cause? Which means, in this case, that spiritual results suppose ~not only grace but also our cooperation. It is rather risky to count on a ~ause that may Well never act; in this particula'r case, to rely on abundant grace which would mal~e up for our lack of. diligence; all the more so, since this very unprepared-hess for cooperation with grace is likely, to preclude that grace--God does not dispense His graces in sheer waste. A.second thing implied in this principle, is that we should make a tolanned effort: go about our business, whether of prayer or of any other virtuous practice~ in an orderly manner and not haphaz'ardly: not in an unenlightened way, groping as it were in the dark; not according to an unmotivated manner of proceeding or according to whim and fancy of the moment. This supp,oses first that we know the means for our purpose as they are laid down in directives and rules or borne out by the experience of others or even' learned and confirmed by personal experience. We must know the rules of the game if we are to play properly. It means therefore that it is not enough, however important it may be in itself, to overcqme inertia and set oneself to one's, task, making the needed exertion. We must apply ourselves in a clear-sighted manner, knowing what we are doing and why. It further means that we follow the known direc- 251 P. DE LETTER rives with perseverance. It has been said that "with many, courage gives way when they are half way of the effort; some are afraid of trying, others are afraid of succeeding"; in fact "things are worth what they cost" (Fat, her de Ponlevoye). Yet this perseverance should not be marred by shortsighted stubbornness.We must never forget in practice the necessary freedom of spirit in following methodidal rules; rather we must be ever ready to obey the inspiration of grace, to learn from circumstances and from experience, with humility and, docility, with sincerity and honesty with ourselves. It ma~ not al-ways be easy in practice to find the proper balance bet,ween perseverant fidelity to rules and freedom of spirit or docility to the Spirit. Only the interior Guidi~ can teach it in practice, and He certainly will if we do not lack sincerity and generosity. When this necessary freedom of spirit is safeguarded, there is no fear that metbodital application to prayer or practice of virtue, according to rules and planned action, will make one too mechanical or kill the spontaneity of life needed also in the spiritual life. Method makes for orderly activity; it excl'udes a happy-go-lucky manner which actually is more a lack of readiness to cooperate with grace than the contrary. Method does not kill spontaneity; it directs it, if only one uses it properly, that is, with t?reedom of spirit and sincerity. Nor does it then in any way hinder the initiative of grace which must be respected also in the course of our prayer or practice of virtue. It is part of the method ever to be docile to what grace may show or demand. And so, if tile use of metho~d in the spiritual life is rightly un-derstood and put into practice, that is, as the very expression of our desire to answer the call of grace, then certainly it will never stand in the way of grace. It will guarantee our cooperation with God's grace and leave no excuse for inertia or lazine.ss. Grace do.es not dis-pense with our effort, it renders our effort possible and fruitful. " 252 NEW BUSINESS ADDRESS Please send all renewals and new subscriptions to: REVIEW FOR RELIGIOUS 3115 South Grand Boulevard St. L~uis 18, Missouri Sisters' Re!:rea!:s--V Thomas Dubay, S.M. CHARACTERISTICS OF THE RETREAT MASTER ]F it is possible to assay the general mind of the sisters as expressed in their thousands of answers and observations given in this re-treat study, the present writer would be inclined to point out the subject matter of this article, the retreat master himself, as consti-tuting what they consider the single, most-imporant element covered in the survey. The sisters often cast this general impression into a concrete mold. Observed one sister: There is one order whose technique I prefer over the others and one whose method I like least. Yet the best retreat master I ever had was from the latter! The man makes the 'retreat master, not the method! Time and time again the sisters retur~ in their comments to the retreat master, his message, his methodology, and especially his qual-ities or lack of them. And yet we frankly grant that we approach this most difficult of the subjects treated in the survey with consider-able diffidence. It is difficult because it deals with persons, not mere things, But there is nothing like the truth, anO so we will plunge in. QUALITIES In order to ascertain what qualities the sisters especially looked for in their retreat masters, the following question was placed before 'them : Among the following characteristics of ~a retreat master would you put the number 1 before the one you appreciate most, a 2 before the next in order, etc. to the last: __experience ._._~sense of humor genuine sanctity __theological learning ~kind manner ~practicality Further comment: (spice provided) Unlike their modus aqendi in the other survey questions, the sisters did not here mention man.y new qualities in the blank spaces. Simplicity, humility, and interest in work were noted twice, while the following qualities were mentioned once each: clarity, sweetness and patience, sincerity, .understanding of women, average speaking ability, and intelligence. In order to differentiate as finely as possible the varying degrees of importance, which were attached to the qualities contained, in 253 THOMAS DUBAY . Reuiew for Religious the questionnaire, three points were given to th'e quality eachsister first selected, tWO points to the second, and one point to the third. In parentheses are indicated the number of times each characteristic w'as given first choice. Genuine sanctity . 1481 (414) Practicality . 786 (100) Experience 693 (71) Theological.learning .496 (63) Kindness . 360 (23) Sense of humor . 'i. 225'(10) As can be easily seen, there is really no contest for first 'place. The very fact that gefuine sanctity received more first place votes than all other characteristics put together clearly demo~astrates the fact that sisters want their retreat masters to be men of God before ;Ill else. Practicality is rated as a little more important thar~ experiehce, while knowledge of theology is given the nod over kindness and a sense of humor. The reader may be interested in comparing tile above rating of qualities with the various comments the sisters have made (or will make) in other articles of this series. The correlation 'is significantly high, We are thus rendered all the more certain that our survey has accurately captured their collective mind. We will give typical excerpts of the sisters' further comments according to tee alphabetical order in which the qualities .were listed on the survey form. Experience-- [I select experience] because if he has survived in this type of work, he should be" good.' Father, this is a hard one. They should all be first. A retreat master need not have years of experience in order to conduct a successful retreat: Sometimes those with most experience can be very dry and not at all practical. By ekperience I would understand his dealing with people, not the number of retreats he has conducted. I take by experience You mean with souls and religious life. I also appreciate it when he. makes [sic] a spade a spade and leaves nff loop holes for if's or ,but's. Genuine sanctity-- It has been my conclusion that the best thing any retreat master has to give is his own personal example. The convictions with which he approaches his own spir-itual life necessarily,shdw through his efforts to instruct-.others and in this lies his greatest appeal at least for me. 254. September, 1956 SISTERS' RETREATS--V The personal holiness of the retreat master is by far the most impoltant characteristic. "We thunder what we are" and I think this is particularly true of retreat masters. A priest who says Mass slovenly, and has a worldly manner, etc., can hardly expect his hearers to be "refOrmed" or uplifted in spirit regardless of how perfect his con-ferences may be. A genuine saint might be a very poor retreat master, if he is unable to express himself effectively~ and lacks the theological learning necessary to instruct and guide others to sanctity. Experience and practicality should help a retreat master in making the best use of the short time ;it his disposal to cover the necessary points. Sanctity is most important, however, because without it, the insincerity" would be obvious and detract from the effectiveness of'tl~e speaker. Of all the retreats I have made, three are outstanding and have affected my spiritual life most, as far as I can judge. In each case it was the personal sanctity .of the retreat master that gave these retreats their form and impetus. . A doer of the wo~d as well as preacher carries more weight than any other quality [ know. Sometimes the good effects are lessened by a discovery" that Father preaches but does not live what he advises. The tirlge of pharisaism is usually detrimental. A genuine saintly retreat master by his very presence is a light to the beholder: his example gives inspiration, and a desire to be like him and draws or attracts the at-tention of the listener. His teaching is naturally as be lives: therefore very ac- Ic elpiktaeb tloe fbeye al ltlh oart mthoes tr eotfr ethaetsm m.aster is really doing what he is asking us to do. Sanctity radiates a something that neither intelligence or humor can replace. I've made retreats given by saintly men after which I was ready to sign up with a Foreign Legion or for China if I were asked to .do sd. If a man is genuinely holy, the rest doesn't matter. If God has thrown in a sense of humor, the man's mighty lucky'. Father, many sisters lead deeply spiritual lives and we are not so interested in your learning as such, as we are in knowing that you firmly live and believe your doc-trine. We want you learned but in the end it is your own spiritual life that tells. Many retreat masters fail to stress holiness as intimate union with God. We thirst for the fountains of living water. We want solid doctrine. We want you to fire us' with enthusiasm. We are not bored or critical when you speak. We are intent upon gaining a spiritual lift. Don't apologize for repeating the same material. We are not looking for novelty. If we knew you prayed out all your meditations be-fore Christ in the Blessed Sacrament, we would have great faith in your spoken words. I have watched 4.8 retreat masters come and go, and observed the sisters,, making retreats, heard their reactions, attended conferences when possible and there is one answer: personal sanctity. Kind manner-- One who is kind and understanding in confession--and who asks. if there is any-' thing else on your mind. Sometimes tha't last question is just what one needs! I think if a retreat master has real genuine sanctity and a kind manner, whatever else is lacking God will supply the rest. Please don't close the slide or glee absolution before sister has told her story and received some satisfaction. I am not referring to a scrupulous soul. 255 THOMAS DUBAY "Reoieto for Religio~ PracticalitF-- I like a retreat master who can "talk" to us and be practical in the applications he makes. A clear cut set of ideas is what I always hope to find in a retreat. A retreat master who sets down principles to live our daily lives by and who makes us toe the mark and set out with new determination to seek perfection with God's help d~es a greatest ot: services. Some seem to avoid the practical problems of religious life. They don't get down to the core of the matter, even in discussing the vows. Make them practical! Not the extraordinary, once in a lifetime act of obedience, but the everyday type, the everyday needs of each vow. Occasions of sin, etc. Most Of us cduld actually write a volume on the theory of sanctity. It has been well explained, but maybe we could have more practical hints to help us practice what we .know. Sense of humor-- A good sense of humor in a retreat master makes for a good retreat. The dry kind never appeal to me. A retreat to me, is a joy, not a dry thing'. A sense of humor is O.K., especially on a very hot day to keep you awake, but Sacred Scripture should not be used to make fun. By sense of humor I understand having a proper evaluation of things, ability to see,and enjoy a joke~not necessarily "full of jokes." Theological learning-- The choice of I and 2 is a difficult one for the "Spirit breatheth where He wills." However, in the analysis of problems, judicious decisions to be made. delicate situ-ations to handle and the like the educated theologian has much to offer. A certain confidence is generated. God can ~use a stick to work wonders. I think all of these necessarily link together because theological learning could not be passed over to some of us without sanctity, experience, practicality, and a sense of humor. We can really presume en~ough theological learning in any religious set aside to give retreats to nuns. A real absence of theological learning would be worse than an absence of sanctity--but a lot of learning carries small weight with nuns with-out genuine holiness behind it. In the last analysis it is only holiness as concretized in another person which can inspire. But sanctity lending weight to incomplete or misapplied doctrine can do harm. General comments-- This is difficult to answer because he needs them a11, at least in some degree~ Nuns like humility in a retreat master, but not a "scared" attitude or one of"'you-know- it-all-already--what can I tell you" attitude~ We do not know very much. He should sound convinced. A sister can tell whether a retreat master is giving.a retreat merely because of duty or whether he honestly loves the sisters and wants to help them advance along 256 September, 1956 SISTERS~ RETREATS--V the road to perfection, understanding their problems no matter how small they may be. Fatherly is the characteristic I like best of all. One to whom you can speak with ease, knowing and realizing that he has your interest (souls) at heart. Very difficult to decide--would like to have all in one. , One final word on the qualities of the retreat master. As has been indicated in a p~evious article, sisters, teaching in college lay a heavier emphasis as a gioup on their need for theglogy. The' writer noted the same stress here on the importance of theological learning in the retreat master. Among the var, ious qualities of the retreat master, a knowledge of theology is the only one that received an emphasis that was noticeably different according to the work in which' the sisters en, gag~d, DEFECTS Often enough pointing out deficiencies is little short of,.unpleas-ant, and it so happens that our present task is decidedly such. How-ever, St. Thomas speaks of fraternal correction as a spiritual alms, an act of charity. For that reason and because the sisters so intended their observations in a lovely spi'rit of combined kindness and frank-ness, we move with less hesitation to the business at hand. The question dealing with defects was worded as follows: What characteristic do you dislike most in a retreat master? Please place hum- . bet 1 before the one you dislike most, etc. Further comment : t No suggested defects were offered to the sisters. The writer feels that more objectivity was thus secured for the reason that a defect would have to make a considerable impression on a sister if she was to be able to recall it unaided. It would have had to be real. This "no suggestion" technique gave rise on the other hand to a ~wide'variety of noted failings. These we have tried to reduce to common categories as far as possible, but accuracy forbade too drastic a reduction. Hence, the sizeable list below. After each obs.erved defect, is given the number of tirffes it was mentioned. The figure in parentheses indicates the number of times the failing was listed as "disliked most." Statements under each heading are characteristic ways in which the sisters styled the defect. Reading conferences an~t meditation expos~.s . 176 (83) 257 THOMAS DUBAY Review for Religious Reading the retreat--slave to notes--reading entire conference--r~ading notes in-stead of talking. Lack of interest . 93 (28) Sense of boredom (I'm here because of obedience)-~cold, factual 16resentation-- "job attitude"-~a no interest attitude-~-doing something assigned and no mor~-- listless, sleepy, dull. , Conceit . 81 (35) Desire to make an impression~know-it-all attitude--attracts to himself--better-than- thou attitude-~c0cksureness--aloofness---ccnstant reference to himself-~go-tism. Verbosity . 71 (15) Long and rambling--talks and talks and says nothing--nev.er getting to the point-- endless repetition --- d0esn't keep to the schedule--long windedness. Sarcasm, ridicule .¯ . 68 (31) Making fun of problems of sisters of other communities--rididule of superiors-- sarcastic manner--sarcastic approach. ,Joking manner . . 59 (19) Too many jokes--keeps retreatants in an'uproar-~clowning~trying to be funny --a joker. Impracticality . 57 (12) Examples that don't fit o~ur work-~-prlnciples without examples---out-dated. Severity . : . 56 (13) Hell fire and brimstone gloomy--fills with fear rather than love--harsh---blunt expres,sions--six days of scolding. Confessional defects . 50 (9) Impatient.-not available--fast--harsh-~curt--not helpful~talks too loud--no in-terest in the Confessional--indifference to problems. Delivery defects . 47 (11) Talks too fast--inaudible--shouting, ranting-r--muttering, indistinct too slow in .speech--hilting, hesitating---cannot heat him. Superficiality ' .42 (5) La~k of material to communicate--superficial flippancy--shallow--greats retreat lightly--too many ideas .at one time--lightnes~ of treatment--banality lack of theological basis--ignorance theologically unsound. Emotionalism and dramatic manner . . 40 (8) Oratorical---excessive emotion--flowery langfiage--sentimentalism in choic~ of poems, prayers, etc.--too many gestures--unnecessary play on words. Lack of preparation . .,. . . 40 (15) Unpreparedness---lack of organization--lack of immediate preparation. 258 September, 1956 SISTERS' RETREATS--V Excessive intellectuality .". . . 39 (15) Subjects too deep--explainer of theology too philosophical--theological learning' --bookish conferences--high sounding explanations~ Critical spirit in general .3.4. .(10) Chip on the shoulder---critical spirit--pet grievances---critical toward his own corn: re.unity or supenors-~constant scolding-~criticism of sisters studying for degrees--, Cynical" spirit. Lack of sense of humor .: . . . 34 (10) Too serious--gloomy--never a sense of humor. Critical spir'it toward sisters .3.1. (6) Belit'tling nuns--atti.tude that religious are frustrated-~-' unfriendly toward our com-munity-~ critical toward sisters--lack of respect for religious women--making fun of nuns-~critical of our rule, constitutions, and customs--says he dislikes giving retreats to sisters. Worldliness .~. . .~ . 29 (7) Lack of spiritual depth--too l~lasi--play boy type~lacks ho!iness-~easy going-- selfish. Narration of personal experie,nces . 26 (8) Too much personal reference--talking about what they have done-~-~introducing himself and his beloved relatives --- details of family history. Lack of kindness .,. .25 (5) o Harsh, unkind, especially in the confessional--unapproachable--unsympathetic. - Condescension toward sisters . 21 (4) Acting as though we can't understand him--talking down to women-~condescend-ing toward nuns-~belittles the intelligence of nuns and hence waters, down doctrine --treats sisters as beginners in the spiritual life, ' Negative approach .1.5. (4) Too much sin, no love--stressing the negative--emphasis on God's justice. Lack of understanding .1.4. (1) Doesn't understand human nature--lack of understanding of nuns and their problems. In or, der neither to prolong our list beyond due m~asure nor to deny the sisters' views full recognition, we will treat the remaining de-fects in paragraph form and indicate only the total number of times each failing was mentioned. Defects in examples (lack .of, exag-gerated, too many), 14; narrating faults~and scandalous stories re- ~arding other religious, 12; mannerisms and idiosyncrasies, 12; brev-ity, 12;language defects (crude, coarse, slang, grammatical errors), 11 ; nervous and timid ' (restless, fidgeting), 11 : not looking :at audience, 10; inexperience, 8; apodictic, 8; insincerity (affected sanc- 2:59 THOMAS DUBAY ~ Review /or Religious tity, not practicing what he preaches), 8; lack of originality (espe-cially in illustrations and expressions), 8; too familiar, 8; watering down spiritual life, 7; slovenly at Mass, 6; no theme in the retreat, 5; late for. conferences, 5; too eager to please, 4. Subjects receiving three mentions were vagueness, rigid retreat routine, self-depreciation, effeminacy, and excessi;ce praise of sisters. Those noted twice were curiosity and p~ying, stress on unimportan.t matters, loud speaking in the convent, neglectof the liturgy; and provincialism. A few of the many items mentioned by only one sister were immaturity, use of cliches, preoccupation with a favorite subject, lack of refinement, joking about sacred things, and use of pietistic expressions. We must not fail to note that 208 sisters chose not to answer this question. While we cannot be sure just what their reasons may have been, it seems likely that some sisters simply could not recall any outstanding defects. Others may have thought it unkind or unappreciative to record defects of their retreat masters. These latter we may admire even though we, do not agree with them. Whatever the reasons may be, more sisters abstained from replying to this question than abstained from any other. In other questions thus far treated in this series of "articles, .we have given representative excerpts from the sisters' further comments, but for the present question any attempt to be really representative would far exceed the bounds of one article. We will, therefore, limit ourselves to excerpts characteristic of some of the more-frequently mentioned defects. Reading notes-- [ also do not like for the retreat master to read his conferences. He may wish to refer to notes,, but he should have his material so well at his finger tips that he cari deliver it without reading. Some are far from interesting. It is a real penance to sit through six days of listening and straining while someone drones away from some notebook. The only real dislike is toward the retreat master who rea,ds all his talks. I don't say he can't have notes, etc., but the reading of entire lectures and meditations has simply no effect. I'd rather ten minutes of a straight talk. Lack' of interest-- The worst fault is perhaps an attitude of mere tolerance of this job of giving nuns a retreat. The sooner it's over the better! Sisters look forward to their annual retreat with eager anticipation for months, and most of them really do want to progress in the spiritual life. It is a big dis-appointment when they have to listen to a retreat master who apparently does not care for this type of work. 260 September, 1956 SISTERS" RETREATS--V Conceit-- One who calls attention to himself --- the 'T'--more than necessary in conferences. Shows off his intelligence and forgets retreatants also have some. Sarcasm-- Sarcasm and ridicule of women in general and of riuns in particular. Critical negativism-- If there is any observation I should like to make it is this: whatever you can do to dissuade retreat masters for sisters from flavoring their conferences, meditations, and talks with stories exemplifying the ¢ricities and quirks of sisters--usually these apply to only a relatively few--please do . There is nothing so devas-tating and So harmful, it seems to me, than just, that t~;pe of story. If our youth-~ ful entrants grow cynical, distrustful, perhaps even weak in their vocation, may it not be because of the unwise, imprudent choice of illustrations chosen by retreat masters? True, there are odd sisters, but for every odd one, there are at last eight or more sensible, normal ones. Why select the queer and rarely allude to the truly noble and fine in every sense' of the words? Young people are shocked, and rightly so, at the strange things they sometimes hear. "It may~ be that retreat masters wish to be entertaining, amusing. But at what a cost! Ours is an age in which reverence is fast wanifig. Couldn't it help to a restoration' if retreat masters were occasionally more reverent? Tendency to overemphasize the fact that disagreements and petty jealousies do occur in religious life. We know they do, but there are plenty of sisters who are outstand-ing examples of beautiful si?terly charity as well as communities ,where the spirit of charity is outstanding. Joking manner-- What the sisters need is practical help toward sanctity . . : , but too often the" maste? uses the shell of the pulpit to reflect Father Retreat Master instead of the will of God to his listeners. This is especially true of the "joker" who uses the time for his stories and leaves the sisters with nothing to take with them except mem-ories of his cleverness. Severity.--- Pounding, scolding, and "yelling," though I don~t mind being told the truth,--- but not so loud! Lacl~ of understanding~ Sometimes the retreat master forgets that the sisters have more to do than just say their prayers. He should look into the entire picture and help both'subject and superior. Some retreats the subject gets all the corrections, and then sometimes the superior is all to blame. Why not lead all to God by charity, patience, and a. kind understanding of our difficulties? I think community life is a far happier and "homey-er" state than some retreat masters imply. After 29 years of it, under 16 different superiors, I can say I've never lived in a house where happiness and virtue didn't far outweigh human failings and "blue Mondays."--(I'm a realist, not an optimist!) 261 THOMAS DUBAY We now have the happier task of noting a few of the unsolicited compliments rciany of the sisters paid their retreat masters. To neg-lect these and dwell on defects alone would be to give the reader a badly distorted' picture of the whole situation. As is usu~ally the case in human affairs, all is neither black nor white. Among the favorable observations made, the following are characteristic. Most retreat masters are sincere, earnest, and holy. We can make allowances for lack of absolute perfection. If a retreat master is sincere and works hard I¯can't dislike much in him. I have had none whose characteristics made me.lose the value of retreats. I never really thought about this [defects], for I can truthfully say and I thank God for it, I enjoyed every one of my retreats. I learned something every time, betause I was looking for something. I have never had a dislike for a retreat master. I see in him God's messenger for my soul, who will only do his best to bring me nearer to God. I have observed no serious undesira~01e characteristics. Actually I have liked every retreat and every retreat master in my twenty years in religion. These very minor dislikes are:mentioned only to indicate how trivial are the things we let get between us and the message of the retreat. Heavens! I don't know--I've never stopped to think. I always figure the poor man is doing a job that's hard enough without our being critical; He's out to help us and we ought to help him to help us. I'm told, '~It's easier to criticize a retreat master than to be one." Most retreat masters have the necessary characteristics requisite for such important work--God bless them! And we might add: God bless these'sisters! both those who in fraternal charity pointed out defects and those who in the same charity saw none to, point out. OUR CONTRIBUTORS JOSEPH F. GALLEN is professor ~f canon law at Woodstock College, Wood-stock,, Maryland. SISTER M.TERESITA is stationed at the Holy Family. Motherhouse, 890 Hayes Street, San Francisco, California. P. DE LETTER is a member of the faculty of St: Mary's Theological College, Kurseong N. E. Ry., India. THOMAS DUBAY teaches philosophy at the Notre Dame Seminary, 290l S. Carrolhon Ave., New Orleans, Louisiana. 262 ( ues .ions and Answers [The following answers are given" by Father Joseph F. ~allen, S.J., professor of canon law at Woodstock College. Woodstock, Maryland.] I am guiding a young man who is entering our own institute. He casu-ally remarked to me that his family wanted him to sign over his mor3ey to his brothers and sisters before entrafice. By careful questioning I learr~ed that his money amounted to several thousand dollars. Should he sign over th~s money to others before his entrance? A renunciation'is the giving away, the gratuitous, abdication of the ownership of property. An obligation is any act by which own-ership is lessened, rendered less secure, or impeded, e. g., putting up property as security for the debts of others. Can. 568 renders both illicit and invalid any renunciation or obligatmn placed on the prin-cipal of his property by a novice. The canon applies only to the noviceship, but it" is contrary to the spirit of this same law for a renunciation or obligation to be placed on the property of a candi- .date during the postulancy or before entrance becafise of the inten-tion of entering religion. The purpose of c. 568 is to protect the novice's right to. leave religion and to prevent him being, deterred from doing so because he had given away his property. This reason applies equally to the time before the noviceship. Therefore, postu-lants and candidates should in practically every case be dissuaded from any renunciation or obligation. 'The professed of simple vows may give away the income on his property even after first profession. He c6uld later ask the Holy See for permission th give away all or part of the principal of his property, if there should be real need of this; and the solemnly professed will have to give away all his prop-erty at the renunciation effective at solemn profession. Relatives are not often selfless in a case of thi~ nature. It is also at least becoming for those in or approaching the state of perfection, if they are to give away any property, to follow the counsel of perfection, which is not to give to relatives but to give to the poor. A postulant was in danger of death. Could he have been admitted to the profession that is ~ermiffed to novices in danger of death.'? A plenary indulgence in the form of a jubilee is attached to the profession permitted to novices, and this profession also requires ad-mission by a higher superior, the superior of the novitiate house, or the delegate of either. This profession is restricted to novices and" 263 QUESTIONS AND ANSWERS Revidw [or Religious may not be granted to a postulant. However, canon law does not forbid professed religious, novices, and postulants to make private vows (c. 1307, §' 2). Such vows are most rgrely advisable for them, and should never be made without consulting a confessor who is prudent and sufficiently conversant with the habitual state of soul of. the subject. There would rarely be any reason for opposing a private vow by a postulant in danger of death. Therefore, the postu-lant in danger of death can be instructed that he may, make the vows of the institute completely of his own volition. There is no ad-mission in this case on the part of superiors, and the indulgence is not attached to this profession. The essential effect of the profession granted to novices is .attained, i. e., the greater oblation of oneself to God and the co.nsolation of the postulant. In this case also, the or-dinary formula of profession of the institute "is to be used but with-out any determination of time. The implicit duration of the vows is until the postulant zecovers his health. If he does, the vows cease; and he is in exactly the same state as if he had taken no vows what-soever. Cf. Wernz-Vidal, III,.De Reli~liosis, 258-59, note 71. m32-- Is it canon law or merely our own constitutions that forbid the assign-ment of any but exempla, r¥ religious to the novitiate house? Is it always possible to observe this prohibition? Can. 554, § 3, commands higher superiors to assign only ex-emplary religious to novitiate houses. The evident reason is the in-fluence that the lives of the professed.can exert on the novices. The sense of this law is that religious who are not exemplar.y must not be assigned for habitual residence to the house in which the novitiate is located. The code presumes that ,only the master and his assist-ants will reside in the novitiate itself. In clerical institutes the same prescription of the code extends t6 houses of study. Lay i~astitutes should be directed by the same principle with regard to the houses where the professed of temporary vows reside during studies. Every effort is to be made to observe this law, of the code, but it is quite often impossible in practice to send a refractory religi0us to any house except the novitiate house. The religious' at times has to be removed from contact with externs, and even more frequently he or she simply has to be sent to a very large community. Religious of this type can make life impossible for a smaller community. In cases ¯ of this nature, superiors are to strive tO observe the purpose of the law by preventing such religious from having a harmful influence. on the novices. ' 264 September, 1956 QUESTIONS AND ANSWERS 33 ¯ Must the nov;t;ate be located at the residence of the superior general or prov~ncla~? Neither canon law nor the practice of the Holy See in approv-ing constitutions demands that the novitiate be located at the resi-dence of the superior general or provincial. Article 88 of the Normae of 1901 contained the self-evident prescription that the novitiate wasoto be located at the place most suitable for the formation of the novices. The supervision of the higher superior can be more readily exercised when he resides at the novitiate, but the same purpose can and should be attained by more frequ.ent visits to the novitiate. --34--- Must we admit to the novlceship one who has been approved in the canonical examination of the local ordlnary~ and ~s it of" obligation that this examlnafi6n be made outside the clolster7 The canonical examination prescribed for institutes of women by can. 552 .is not admission to the noviceship or first temporary or perpetual~profession but a prerequisite for a licit admission. There-fore, a subject, who has been approved in this examination may be dismissed, excluded from further professions, or have her time of postulancy, noviceship, or temporary vows prolonged by the com-petent higher superior: The examination is to take place outside the cloister of both orders and congregations, but .any just or reason-able cause (c. 604, § 1) will suffice for holding the ~examination within the common cloister of congregations, i. e., institutes of simple vows." What is to be done ff in giving Holy Communion at the grille a Host hlls within the papal cloister of nuns? A priest may enter the cloister to pick up the Host, or a nun may pick up the Host with the paten, a clean piece of paper, or'her fingers And either consume it, if she has not already co'mmunicated, or give it to the priest. The place where the Host had fallen is after-wards to be washed by a nun, and the water is to be thrown into the sacrarium. Cf. Fanfani, De Religiosis, 460; J. O'Connell, The . Celebration of Mass, 242; De Amicis, Caerernoniale Parochorum, 181; De Herdt, Sacrae Liturgiae Praxis, II, n. 188. --36-- I asked a priest to say a votive Mass of the Annunciation of the Bless- 265 QUESTIONS AND ANSWERS Review for' Religious ed Virgln Mary. He told me he was not allowed to do so. What is the reason for this? Only the Masses for which permission is expressly given may be said as votive Masses of the Divine Persons, the Blessed Virgin, and the angels. This permission is verified when the Mass 'is listed as a votive Mass in the missal ~r when directions are given in the. Mass, usually after thi~ gradual, for saying it as a votive Mass. The votive Masses of the Blessed Mother universally permitted., are the five Masses of Our Lady for Saturdays according to the season, Immacu-late Conception, Seven Dolors, and Immaculate Heart. All the Masses of the Blessed Virgin in the Masses for Certain. Places may be used as votive Masses, except that of the Expectation of the Birth of Our Lord (December 18), but only in places where the festal Mass is permitted. Particular dioceses or religious institutes can also have indults to say some other Masses of the Blessed Virgin as votive Masses. A votive Mass may be said-in honor of any canon-ized saint whose name is inscribed in the Roman Martyrology, in its~approved supplements, or in tlhe calendar approved by the Holy See for any diocese, religious order, or congregation. Votive Masses may also be said for the various necessities contained in the second series of votive Masses of the missal. Cf. 3.O'Connell, "T'he Cele-bration of Mass, 68-73. --37m What is thb meaning of lay brother and la~/sister? When found, different classes of religious in the same instittite are commonly those of clerical religious and lay brothers, teaching brothers and lay brothers, choir nuns or sis~'ers and lay sisters. Lay brothers and lay sisters are sometimes called coadjutor, coadjutrix, auxiliary, and converse religious. The Latin n.ame for their class is conversi(ae). A lay brother or sister is not simply a. lay religious. All religious wo'men are lay religious, Since a lay religious is one not destined for, the priesthood. Lay brothers can be had in ~i male in-stitute in which all, the members are lay religious, e. g., in a congre-gation of teaching brothers, The class of lay brother and lay sister is distinguished ,by the following notes. There are two juridical classe's of members of distinct rights 'and obligations in the institute. The lay brother or sister is destined for domestic, manual, and tem-poral la.bors, while to the other class appertain the priestly ministry, teaching, nursing, and the formation of postulants, novices, and prbfessed. The lay brothers and sisters have no part in the govern-ment of the institute, which is reserved to the other class. Therefore, 266 September, 1956 QUESTIONS AND ANSWERS they cannot be voted for or appointed to any office; nor do they have a vote in any chaptbr, general, provincial, or local. In virtue of c. 526, lay sisters have a vote on prolonging the term of the ordinary confessor; but this is.not a matter of government. ~38~- We prolonged the temporary vows of a junior professed for three more years'. May we admit him to perpetual profession before the ex-plratlon of these three added years? By canon law both the postulancy and the noviceship may be prolonged but not longer than six months. This prolongation ma~ be made even if the duration of,the postulancy and noviceship is longer than the six months and the year prescribed by canon law. Some constitutions restrict prolongation, e. g., by forbidding an tension Of more than three months to a prescribed post~lancy of nine months or to a noviceship of two years. Canon law also per-mits a prolongation of temporary vows for' three years but forbids that the whole time of- any case of temporary profession, without an indu.lt from the Holy See, be more than six years. If an institute has five years of temporary vows, they are prol6ngable-only for a year; if six, they may be prolonged only by an indult from the Holy See. Prolongation of any of these probationary states is to be avoided as far as possible by a system of reports to the highe[ superior and the prompt instruction, counseling, and admonishing of the unsatis-factory subject. Prolongation is rarely found to be a satisfactory expedient except in a case such as that of health. A prolongation of any of these probationary states does not have to be made for the frill time permitted by law. Any of them may be prolonged for days, Weeks, months, and the temporary pro-fession for one or two years. ,Whether the prolongation has been made for the full time allowed or any lesser period, the competent higher superior may admit a subject who has proved himself satis- . factory before the expiration of such a period. --39m What ,is the difference between the canonical impediments that' make a noviceship ,invalid and those that render it merely illicit?. An impediment to the noviceship is a circumstance affecting a per.son that would make his novi'ceship either invalid. (diriment im-pediment) or merely illicit (merely prohibiting impediment). All religious' institutes are' obliged by the impediments of can.~ 542. Some 267 QUESTION~AND ANSWERS Review f~r" Religious institutes have additional impediments of their own constitutions. All laws of the code oblige immediately under sin. Their vio-lation is consequently a sin, at least, objectively. The common ef-fect of law is to produce a moral obligation. A law produces no other effect uialess this is certainly stated in the law. For example, ' some laws enact'a canonical penalty, such as an excommunication against a Catholic who attempts marriage before a non-Catholic minister (c. 2319, § 1, 1"). In the present inatter, a law produces only the common effect of a moral obligation when it is a merely prohibiting impediment. To be also a diriment impediment, the law must state certainly, either explicitly or implicitly, that it is an invalidating law. This i~ done explicitly by the phrases that the person is incapable of making a valid noviceship or ~afinot be validly admitted to the noviceship. Implicitly the same effect would be ex-pressed by stating that the circumstance was a diriment impediment or that no noviceship could exist because of the circumstance or by requiring a circumstance for a noviceship or a novice to exist. Invalidating ecclesiastical laws are-concerned only .with juridical acts. These are acts that effect the acquisition, change,~nd loss of rights and ol~ligafions, such as contracts, marriage, and religious pro-fession. It is impossible to invalidate a simple act of disobedience; but marriage, since it produces the rights and obligations of husband and wife, can be invalidated. Let us suppose that a religious pro-fession is invalidly made. The invalidating law does not and can-not annihilate the physical enyity of the act of l~rofession; nor can it annul the moral entity of the act, i. e., that the act was or was not knowingly and thus sinfully made contrary to law. However; the act of profession would otherwise have produced the rights and ob-ligations of the religious state. The' p.recise effect 0f the invalidating law is tO annul these rights and obligations. The one who made the profession is not a religious and h~i's none of the rights and obliga-tions of a religious. The juridical effect of a valid noviceship is to make the subject capable under this" aspect of a valid religious pro-fession; a diriment impediment not dispensed annuls this capability. Inculpable ignorance excuses from the sin but not from the invali-dating effect of a Violation of such laws. Ignorance would excuse even from the invalidity of a particular law when such a law states that ignorance has this effect (c. 16, § 1). None of the invalidating laws on the religious state admit ignorance as an excuse from the invalidating effect. ¯Religious should faithfully observe all the laws of their institute 268 $eptember, 1956 QUESTIONS AND ANSWERS and especially of the Church, but the invalidating laws are to be even more carefully studied and most strict~ly observed.Very serious consequences can arise from negligence in this matter, since the in-validating laws on the religious state can quite readily cause a chain of invalidity in the institute; For example, an invalid noviceship makes all subsequent professions invalid, and a house not validly designated as a novitiate house renders all noviceships in that house invalid. These possible cases could be multiplied, and all possible cases appear to have been verified in fact. The care for the observance of. invalidating laws on the religious state rarely falls on subjects or local superiors. It.is the master of novices, higher superiors and' their councilors, and the general and provincial secretary who must take care of the observance of such laws. They should know enough canon law to recognize or at least suspect an invalidating law and they must seek competent advice in any doubtful matter. ~0-- Poverty is a constant, iproblem in our institute. The principal difficul-ties are the use of money.wlthout permission, the very frequent request to use all or part of cjiffs, the obtaining of personal necessities, practlca~ly always of better quality, from seculars, and the obtaining of money from seculars for special purposes, which appear very extraordinary to the other religious. The last two are often solicited, directly or indirectly, by the rel[glous. It is hum[llatlng to realize that this is being done, and es-pecially the last two practices cause difficulties, discontent, and 9radua| loss of observance in quite a few other religious. I am sure that, with the possible exceptlbn of rare and accidental cases, local superiors are cjen~ erous. Are there any law~. that we should add to our constitutions to strengthen the observance of poverty? The principles with regard to such practices and even thespecific practices themselves have often been treated in the REVIEW FOR RE-LIGIOUS. It is a delusion to believe that new or added laws neces-sarily effect a renewed spiritual life. Defective laws,should b~ cor-rected; but the laws of the institute in question, as of so many others that are faced by the same problem, are not defective. The precise difficulty of many religious is that they confine their understanding and practice of poverty to the mere obligation of the vow and .of law. Superiors are to insist on the observance of both the vow\ and the laws on poverty; they are to. remember that it is easier to prevent than to eliminate abuses; and by apt ~nstruction and individual guid-ance they are to strive.to rfiake their subjects realize the purpose of poverty, without which poverty in many cases will be a matter of, 269 QUESTIONS AND ANSWERS Reoieu~ for Religious ;'what I~can get away with." The purpose of the religious life is the perfection of divine charity, and the primary purpose of the three vows of religion is to remove the chief obstacles that impede the soul from complete,love of God. The princilSal purpose therefore of tt~e vow of poverty is not mere external observance but a detach-ment from external goods that will lead to an increased love of God. Detachment here is the habitual interior state by which one uses, requests, and desires ma'terial things, not for themselves, but only in-sofar as they are necessary or useful for personal sanctification, prog-ress in that sanctification, and work. Permission is a help to the at-tainment of deta~chment, but no assurance of its acquisition. Per- .mission is highly compatible with attachment to the object permitted. It should be axiomatic that religious pove~rty is efficacious only to the degree that it effects detachment. If a religious iS not striving for detachment, poverty is contributing very little to his religious life. This purpose of povery is not commanded under sin; but a religious is grievously deceived if he does not realize that his sanctification, even after profession, is placed principally in matters of counsel. Religious poverty consequently is real and effective only in the degree that it is increasing love of God, detachment from material' things, and the ~ correlative virtues of trust in divine providence, patience, meekness, humility, and the spirit of mortification. A candidate applied for admission~ who had evidently been conceived before the marr[acje of his parents, but the parents married in the C~hurch before his birth. Is he lecjitlmat~? A legitimate child is one either conceived or born of a valid or a putative marriage (c. 1114). It is therefore not necessary that a Child be both conceived and born of such a ¯marriage, but either con-ception or birth is sufficient. This child was born of a valid mar-riage and is consequently legitimate. ¯ If'will be clearer to put the present question in the form of'a case with fictitious names. Irwin, a Gatholic, attemp÷ed marFiacje with an Episcppalian, before an Episcopalian minister. A daughter, Jane, was born to the couple a year later. The marrlacje was ne~;er ¢onvalidated in the Gathloi¢ Church. 'Irwin has always been certain ofthe invalidity" of his marriacje, but Irma has never had a doub~ about its validity. -Jane has olways been a C~athollc and wishes to enter relicjion. Is she lecjitim~te? 270 " September, 1956 QUESTIONS AND ANSWERS A child is legitimate if conceived or born °either from a valid or from a putative marriage. A putative marriage is an invalid mar-riage, but at the time of the celebration at least one of the parties believed'the marriage valid. It is sufficient that a non-Catholic party be the one in good faith. (Cf. Vlaming-Bender, Praelectiones Iuris Matrimonii, 45-46; Woywood-Smith, A Practical Commentary, I, 646.) This good faith required in at least one of the parties means that such a party at the time of the celebration either had no doubt about the validity; or, if there was such a doubt, it was proportion-ately investigated. If such anlnvestigation was neglected, the party was not in good faith. The marriage remains putative until both parties are certain of its invalidity. A child either conceived or both while the marriage is putative is legitimate and remains so forever, even though later both parties become certain of the invalidity. A putative marriage can occur, when the invalidating .cause is el}her a defect of consent or a diriment impediment not dispensed. On January 26, 1949, the Code Commission gave an au.thentic inter-- pretation, whose sense is that a .marriage attempted completely with-out canonical form cannot be puta, tive if at least one of the parties is held to c~nonical form. Canonical form consists in the presence of a competent priest and at least two witnesses. As a Catholic, Irwin was held to canonical form; and his marriage with'Irma before an Episcopalian minister was attempted completely without ~canoniCal form. Therefore, the marriage cannot be putative; and Jane is iilegitimate. --43m Does the impediment of a religious profession effect one ~vho left after profe~slon and later wishes to be readmiffed to the, same institute? This diriment impediment of can. 542, 1 °, reads: "Those who ~ire or were bound by religious profession." The language of the canon is absolute and i.s to be understood absolutely. The impediment )herefore is verified in those who. are now bound or at any time in the past were bound by valid religious vows, sOlemn or simple, per-~ petual or temporary, iri the same or a different institute, whet,her an order or a pontifical or diocesan congregation. The iNpediment does not affect , those who were merely novices or postulants in any re, ligious institute, nor novices who were admitted to profession in dan-ger of death, nor finally anyone who was a member of a society of common life without public vows or of a secular institute. How-ever, m~iny institutes have a merely, prohibitive impediment of their own constitutions with regard to.those whd were novices or pos~u~- 271 QUESTIONS AND ANSWERS lants in another, religious institute, which some extend also to those who had been nox;ices or postulants in the same religious institute. The impediment is dispensable. Greater care is to be exercised in this case to secure assurance of a religious vocation. The departure from ,,another institute is, generally speaking, a strong argument against the presence of a religious vocation. The petition should give the circumstances and reasons for the departure, i. e., the name of the 6ther institute, of what vows the candidate was professed, how long, and whether the departure was voluntary or by exclusion at the end of temporary vows, by secularization, or dismissal. The reasons for the departure should be given truthfully arid completely. Should novices be separated from the postulants? Canon law does not command the separatioh of the novices and postulants. Constitutions of lay congregations approved by the Holy See after 1901 are based in great part on the Normae of 1901. Article 64 of these Normae prescribed such a separation when this could be conveniently accomplished. Some institutes have such a prescription in their constitutions, due either to the influence of the Nor.maeor to the fact that these institutes believe separation to be more conducive to the religious formation of both novices and postulants. What does canon law command about the place of postulancy? Can. 540, § 1, commands that the postulancy be made in the novitiate ,house or in another house of the institute where the religious discipline prescribed by the constitutions is faithfully observed. The canon does not forbid the distribution of the postulants in many houses of the institute nor the repeated transfer of a postulant from one house to another. Experience, however, 'more than fully dem-onstrates that it is far more preferable for the postulancy to be made , in the novitiate house. It can be taken as a thorotighly sound and general practical principle that the effect o,f separation from the master of novices or postulants is little instruction 6r formation in the religious li~e. A small number of congregations have wisely pre-scrib, ed that the postulants must spend two complete months in the novitiate house before their entrance into the noviceship when the earlier part of the postulancy has been made outside the novitiate house. 272 (Material for this department should ,be sent to: Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West Baden Springs~ Indiana.) THE MIND OF THE CHURCH IN THE FORMATION OF SISTERS. Se-lectlbns from Addresses Given durln9 the Six Regional Conferences and the First National Meeting of the Sister Formation Conference, 19S4-19SS. Pp. 282. Fordham University Press, New York. 19S6. $3.00 This book is another milestone in the Sister Formation move, menL The inspiration of the movement was the address of Plus XII at the first International Congress of Teaching Sisters in September, 1951. The Holy Father dxhorted the ~ sisters to make all of their schools excellent, to make sure that the education of sister teach-ers corresponds in quality and academic degrees to that demanded by the state, and to adapt themselves to new conditions. "You," he added, "must serve the cause of Jesus Christ and of His Church as the world t~oday requires." The movement was inf~rmally laurlched at the Kansas City NCEA convention in 1952 when a ggoup of sisters was authorized .to survey the current status of sister education in the United States. ,The findings of the survey underscored three major problems of sister education: (!) the. needed time for sisters to complete a bachelor's degree program and state certification requirements beford entering the classroom, (2) the resources (financial and academic) necessary for this adeq
Issue 4.4 of the Review for Religious, 1945. ; " GRACE AND ~BEAUTY~--G'. AuguStine Ellard, S.J" . 217 ENEMIES OF FAITHmF. X. McMenamy, S.J . " . 229 NEWMAN AND THE RELIGIOUS LIFE Walter J.On.g, S.J. y : . ~'230 ¯ WHY DOES FATHER ASK QUESTIONS? Gerald Kelly, S.J. Bo~JKs RECEIVED . , . .~252~ PERFECTION IS UNION WI*FH,GOD .~Aug, ustine .Klaas,. S.J. ., 253, PAMPHLET NOTICES ,:~ . .-. . OUR LADY;S PARENTS Francis L. Filas, S.J .~ . .OUR' CONTRIBUTORg / . ' ~ . ~ ~- 270 QUEST~IO,N~ AND ANSWERS~. , 35. Blessed Ashes and Things Put in Sacrar~um- " (.' 271° ~ 36. Jurisdiction o~Mother Generiil and ,Local~Superior . ~7. Bo~y of Deceased Sister in Community Chapel . 38. Permission to Close Religious House . . . . . : . 272 ~ 39.~ Rosaries of String for fi.rmed Forces Only. .° . . ,: . . .o .~273 ~40.~Vows and Status of Reliigious.with Mental Disorder .-. '2_.73) ,41. Anticipating Date of Perpetual Vows .- . : .' .-'. , 275 42. ,Su.pterior's Obligation t6 Pro¢ide Monthly Conference COMMUNICATIONS ' ' ~ " ~77 ' ~BOOK 'REVIEWS~ :7 ' ~A'Dynamic World Order; That You May Live: Too S~nall a Wo-rld: The Hope of the.Har4es~; The Nu'rse:. Handmaid of the DivineoPhysi-." _ ¢ian;.Enjoying the NeW Testament . ~: . . . ' 28.2 REVIEW FOR RELIGIOUS, July, 1945. Vol.IV, No. "4. Publishdd-bi- 'monthly: January, March.May, July,S¢ptemb,er, ahd N0ve~ber at the College Press. 606 Harrison Street, Topeka, Kansas, by St.'Mary's College, St., Marys, Kansas, with ecclesiastical appr.obation.' Entered as second clas~ matter January 15 1942'; at the Post Office, Topeka,,~Kansas, "under the act bf March 3, 1879: ' "~ Editorial Board: Adam C. Ellis. S.J., G~ ~ugustine Ellard, oS.J., Gerald Keily~ S.J. Editorial Secretary;: Alfred F, Schneider, S~J.2 Copyright, 1945, by'Adam C. Ellis. .Permission is hereby granted'for quotations of, reasonable length, provided due credit be given this r~view an'd the autt~'b~. Subscription pride: 2 dollars a ~'ear. ~ ~ Pilnted in U: S. A. Before writing to'us, please consult notice on Inside fiack cover. G. Augustine Ellard, S.,J. AN EFFECT of sanctifying grace that does not seem to get as much mention and consideration as it deserves is the beauty that it possesses .and adds to the soul. And yet beauty, with truth and goodness, is the object of the principal aspirations of every spirit. Moreover, beauty is an important element,in the value of grace. A clearer .knowledge of the beauty of grace should lead to a highe~ appreciation of it and a more eager desire for it. I. One could hardly hope in the present stage of the evolution of esthetic.philosophy to propose a for.mal defini-tion of beauty that would be generally acceptable. For-tunately, it is one of those things of which nearly every-body feels that he has a fairly satisfactory empirical notion, even though he could not set it forth in words. Among the definitions of beauty current among those who have studied the matter in the light of Aristotellan br Thomistic philosophy .we find : "the spl~ndor of truth" (attributed to Plato); "the splendor of order" (St. Augustine); "the effulgence of form in material elements definiti~ly limited and proportioned, ok in different forces or actions" (S~. Thomas); "the goodness of a thing inasmuch as when known .by the mind it gives delight" (Kleiltgen, [3ung-mann); and "the perfettion of a thing that makes it pleasing to behold" (Gietmann). Some would place beauty in truth, others in the goodness of a thing, arid still others in both truth and goodness together . Even when it ¯ is embodied in material objects, the perception of it i~ essentia!ly spiritual: animals give no evidence of,having a sense of the beautiful. 217 G. AUGUSTINE ELLARD Reoietu for~ Religidus Beauty may be either physical or moral. !V~oral beauty is found only:iiri th~ character or moral activity of persons; when one's characte,.r or action,i~ such that the very sight or thought of it ~tit~S delight and admiration, then it is morally.beautiful. Many insta.n.ces of heroism are examples :of it." All 6thOr beauty is physical. This may be material o~ sigiritual. About the material 'ther~ will be rio difficulty, and about the spiritual there need be none. It is simply that beauty which belongs to spirits, as material beauty belongs to visible things. To see and appreciate it properly is poss!ble, of course, only to ~pi~its themselves; but wecan have an analogous knowledge and enjoyment of it. It is very evident that angels must perceive one another and that that perception, of itself, must bring pleasure, in fact, great ¯ pleasure, betause prest~mably the beauty of angels is pro-poi: tionate to. their general ~perfection. Therefore one (good) angel viewing another and finding him pleasant to behold would be ~xperiencing What is meant by physical ~spiritual beauty. 'The angels now in heaven possess, as a matter of fact over and above the beauty that follows their angelic nature, the supernatural beauty of grace. Being g.ood, they exhibit also, of course, moral beauty. Simi-larly, human souls or spirits now i'n heaven and adorned with grace give pleasure to all who see them, both by reason of the natural perfection .and beauty of the. human spirit and because of the love!iness of their grace. It is well to¯note that to please ordelight, the. beautiful need not actfially be seen. It is sufficient that it can be seen, or hgs" been°seen, or can be ~epresented in quasi.-vision before the mind, A young man 'enjoys his belov.ed's beaut~, even when she isabsent: A living human soul in graOe is an object of actuAland full complacence to ~whoever sees it;. therefore c~rtainly to God, most probably to one's guardian angel, and perhaps to all the blessed. In heaven its beauty 218 duly, 1945 GRACE AND BEAUTY will add to the joys of all the angels and saints. Meanwhile there can be great satisfaction in really bein~l beautiful, though that beauty be all hidden.within, and in expecting the future manifestation of it. II. Other works:of God are beautiful; therefore, grace. is beautiful. In view of the extension.of beautyih God's works and the intensity of it in His greater creatures; this argu, ment from induction or analogy, seems to be legitimate. "The firmament on high is his beauty, the beauty of heaven with its glorious shew . The glory of the stars is the beauty-of heaven; the Lord enlighteneth the world on high . Look upon the rainbow and bless him that made it: it is very beautiful in its brightness." (Ecclesiasticus 13 : 1, 10, 12.) If the Supreme Artist has produced beauty so widely, and so profusely throughout His creationm -in natural scenery, inthe forms of crytallization, in flowers, in birds, in the human form and face, and in the angelic nature--it is not likely that He l'ias d~nied a high degree of it to wha.t is in a very true sense one of the greatest of all His productio.ns, namely, sanctifying grace. III. A consideration of the nature of grace confirms the conclusion indicated by induction or analogy. Sanctifying grace is essentially a participation in the divine nature, .that is, in what is in God the fundamental principle of the activity that i~s most characteristic of Him, namely, the direct intuition of infinite truth. Now God Himself must be supremely beautiful. He is the first author of all that is beautiful in His universe, in inanimate scenery, in the stars of the heavens, in the vegetative k.ingdom,. in animals, in men and women, and in the angels. "Let them [men] observing the works of the Creator know how' much the Lord of .them is more beautiful than they: for the first author, of beauty made all tho~e things . For by the greatness of the beauty, and of the creatures, the Creator of 219 G. AUGUSTINE ELLARD Review fo~'" Religious them may be seen, so as to be known thereby." (Wisdom 13: 3, "5.) Moreoverall the beauties of human art are ultimately.His creations. As a matter of fact God is not only the origin of all beauty; He is Beauty Itself, absolute, infinite, ineffable beauty, without the slightest admixture of anything that could detract from it. That beauty must be infinite, because the~being, truth, and goodness upon which it is founded are immeasurable. Though all perfec-tions are there, they are unified in the highest degree in abso-lute simplicity, and thus they. exist in the most admirable harmony. God is Hisown uialimited light, brightness, and brilliance. Long ago St. Augustine wrote of the beauty of God: "Consider the whole universe; the,heavens, the earth, the sea, all that is in heaveh or on earth or in the sea: how beau-tiful, how marvelous, how well and wisely arranged it al! is! Do these things move.you? Of course.they move you. Why? Because they are.beautiful. What then of Him. who made them? You would be stunned, I tt'iink, if you saw the beauty of the angels. What therefore of the Creator of tt~e Angels?" ($erm. 19, n.5: ML. 38, 136.) And St. Basil the Great: "Is there anything, I ask, more wonderful than the divine beauty? . .What thought is.there more delightful and pleasant than the magnifice ,rice of God? ¯. Altogether ineffable and indescribable is the brilliance of the divine beauty. Speech cannot make it known, nor ear receive it. Even though you should, think of the splendors of the morning star, the brightness of .the moon, or the light of the sun, everything beside the glory of that beauty. is insignificant and dark, and compared with the true light .is more distant from it than the depth of a gloomy and moonless night from the clearest noonday sun." (Reg. Fus. Tract.; Inteccog. 2, n. 1; MG. 31, 910.) Comprehensively to knox~T the magnitude and fascina£ 220 tibn of Beauty Itself and the enrapturing~effect ofbeholding it is pos~ibl'e only to one of the Bli~ssed Trinity. To.have some proper conception of itand how it feels subjectivdly to. see it is: possible only to those who have experienced the beatific vision, and even they c~uld not express itin human lariguage. Surely it is most significant that, giventhe pres-ent superna~u'ral order oi~ things, nothing on earth or in heaven except the .sight of God can quite satisfy, and quiet the' aspirations of the human spirit. But the sight of infinite truth, goodhess, and beauty is sufficient to beatify even the. divine spirit. Even though the beauty of God must remain concealed from us while we are burdened with the veils of mortality, it is so great that for some contemplatives it can ¯ become a source of the most exquisite delight and ecstasy and a most potent stimulus to di~'ine love. ~, Now sanctifying grace, being a participation oi: the divine nature~ and hence of the divine beauty,' must itself be correspondingly beautiful. Or, in other terms, grace is an assimilation to the divine nature and a resemblarice to it, and must slSar'e in its beauty as a'copy partakes of the excel-lence of a masterpiece. With the sonship to God which grace confer~ it must also brihg something of the paternal lineaments and features. -_,~ St. Cyril of ~Alexandria, speaking of the effect 6f grace, wrote: ".Is it not the Spirit thi~t carves the divine image upon us and like a seal imprints upon us a beauty su.perior to any in the world?" (Dial. 7 De Trin., p. 683.) .Again: "All of us who have :believed and become c6nforrned to God have been made, through union with the Son and the Holy Spirit, paiticipants of.thee divine nature, not only in name but in very reality in as much as we have been glori-fied with a beauty that is above all creation. For Christ is fashioned in us.in a manner that is indescribable, not as one 6feature in another, but as God in created nature in.that He 221 G. AUGUSTINE ELLARD Revieu~ for Religious has transformed our created nature through the Holy Spi.rit into His likeness and raised us to a dignity surpassing that. of all creatures." (De Trin. L. 4.) "The Spirit does not, like a painter, reproduce the divine substance in us as if He were extraneous to it, nor does He in .this way bring us to the likeness of God: rather He Himself who is God and pro-ceeds from God is .invisibly impressed upon the hearts of those wh6 receive Him like a seal upon wax, through com-munion and likeness to Himself, again painting our nature with the beauty of its original model and manifesting the divine image in man." (Tfiesaur., MG. 75, 609:) St. Basil: "Man was made according to the image and likeness of God, but sin destroyed the beauty of that image ¯. Let us return to the original grace from which we were ~alienated by sin. And let us beautify ourselves in the like-ness of God." (Serroo Ascet., MG., 31, 869.) Similarly St. Ambrose: "You have been painted there-fore, O man, and painted by the Lord thy God, You have a good artist and painter; do not. spoil the good painting, resplendent, not with color, but with the truth; expressed not~ with wax, but with grace," (Hex. VI, 47.) And St. Augustine: "Human nattire, When it is justified by its Creato~r, is changed from ugliness and deformii:y into a lovely and beautiful form" (De Trin. XV, c. 8, n. 14). IV, Grace also gives one a share in the beauty of Christ. Among the three divine persons of the Blessed Trinity .bea'uty is appropriatedparticularly to the Word, as "being the flashing-forth of" the Father's "glory, and the very .expression of his being" (Hebrews 1:3)i, or, in Knox's yersion, "who is the radianc~ of his Father's splendour, and the full expression of his being~" Even the created beauty of the humanity of Christ, natural and supernatural, physical and¯ moral, material andspiritual, is very great indeed and an object of the keenest delight to all the angels 222 Jul~, 1945 GRACE ,~NI~ BEAUTY and saints who see it. The Church in her liturgy often proclaims that .beauty: "Thou art beautiful above the sons of men: grace is poured abroad in thy lips . With thy comeliness and thy beauty set out, proceed p~osperously, and reign." (Psalm 44:3-.5.) Commenting on this passage St. Augustine. wrote: ',He is beautiful as God, the Word with the Father; He is beautiful i~ the womb .of the Virgin, where He assumed human_ity and did not lose His divinity.; He is beautiful as .a new-born babe and silent Word (infar~s Verbum) . Beautiful therefore in heaven, beautiful~ on on the earth; . beautiful .in His miracle~, beautiful in the scourging; beautiful while callii~g to life,~ and beautiful in not caring about death; beautiful as He lays down His life,.and beautiful in taking it back: beautiful on t.he. cross, beautiful in the sepulcher, beautiful in heaven . Let not, the imperfections of this body turn your eyes away from the splendor of His beauty. (In Psalm. 44, 3.) Clement of Alexandria thus extolls the.attractiveness of Christ: "Our Savior surpasses all human nature. Indeed He is so beautiful that ' He ' alone deserves to be loved b31 us, if we desire true beauty; for He was the truelight." (St~r,om. L. 2, c. 5.) ' . ~ All who receive sanctifying, grace are adorned after the model of Ch~:ist: "For all Of you who were bapt.i~zed into Christ, have pu~ on Christ" (Gala.tinny3:27):1 "My children witt~ whom I am again in tra.~ai.l,~ until Christ be formed in you" (Ibid. 4: 19) : "Those Whom he hath fore-known, them he hath predestined to bear a nature in the ima~ge of his Son's, that he should be first-born among many brethren" (Romans 8:i9). The Fathers of the Church like to emphasize the 1New Testament texts quoted in this article are from the Westminster Edition. 223 G. AUGUSTINE ELLARD Retffeu~ for Religious ?esemblance even in appearance between Christ and Chris-tians., Thus St. Cyril.of Alexandria writes: "Nor should we be sons by. adopti.on and inlikeness if there were no real and true son; to His form we are fashioned; to beilike Him we are transformed with a certain art and grace" (Tbesaur. MG., 75, 526). "One is molded to become a son of God according to an excellent model . This beauty is spiritual. ~ By participation in the Holy Spirit they ar~ fashioned in Christ as it were, according to Him as a model . Christ is indeed formed in us, the Holy Spirit impres.sing upon us a certain figurel ~hrough holi-ness and jusgice." (In Isaiarn; IV, II; MG.; 70, 936.) Sim!larly St. Gregory'Nazianzene writes: "Since the day -when y'ou were changed by baptism, all your old features have disappeared, .and one.f°rm l~as been imlSressed upon you all, namely, that of Christ" (Or. 40 In Sancta Lurn., n. 27). V. According to the analysis of the beautiful made by St. Thomas., and followed by many Catholik savants, there are three chief elements that concur to make a thing ¯ beautiful;- integrity, harmony, and brightness. Evidently integrity or completeness, in all parts is neces~'.~y. A person who has lost, say, an arm or a leg would ~:i~ly be a candidate for a beauty prize, nor could a buil'd~.~bf w.,,.hich some integral part has been destroyed exemplify architec~,ural beauty. It is deaf too that .har-mony, taken.in~;. ,,a~.~bgr,~o a,_d sense so as to include symmetry, proportion,, oraer, aria in general proper agreement, is required. All the different components that enter into the constitution of a thing ~bat has beauty~for instance, a cathedral~must have appr6priate size, mutually sui~ one ~nother, be suitably arranged, and all in all so fit together into one.coherent whole as really to mak~ a unit and con-vey .a unified impressioia. Order in some sense is so essential 224 dul~t,.1945 . GRACE AND BEAUTY to beauty that disorder and ugliness are almost synony-mous. = It may be noticed in passing that the name "cos-mos" for the uni~rerse as an ordered system of ,things and th~ term "cosmetics," the art of improving ,:feminine beauty, both come from the same old Greek word for "order." ¯ There is an order that we may call static; it is illus-trated, ¯ for example, in the disposition of an artistically planned pai'b]ti.ng 0r building. Dynamic order is found wherever different movements or actions are subordinated to one purpose: for instance, in the.mecbanlsm of an auto-mobile or in the multitudinous movements of an orches-tra. Order is in a peculiar sense the offspring of intelli-gence; and wherever it is found'and in.whatever degree, it gives satisfaction to the mind that p~rceives it. Though variety is said' to please, no great degree of it is necessary if there be sufficient'richness of content,' as, for example, in the finest silks or velvets, similarly certain single colors and tones, if they be sufficiently pure,, rich, and clear, seem t9 be beautiful. '~The e~y,,e admireth at the beauty of the whiteness thereof tsnow] (Ecclesiasticus 43:20). ~. , The third elen~ent required for the beautiful °is,!bright-heSS. Perfection of being, which is otherwise ~ibl~ to delight one who simply considers it, can hardl,y rfiake much of an impression on one who does not se~ it iclearly. Relat.ively to us, therefore, at least, a ~certain clari~ty of presentation is necessary. J,udged by these three criteria., namely, integrity, har-mony, and brightness;.grace has a right to be called beau-tiful. That it possesses integrity, or in other words that it has all that pertains to its perfection, may be inferred from its spirituality, and also from the fact that it is a creation of the .Divine Artist exclusively. He could not leave one. of 'the highest and noblest of His works incomplete nor 225 G, AUGUSTINE ELLARD Review for Religious inferior in appearance. There is an admirable harmony or order about sanc-tifying grace. To begin with, it sets a person in just the right essential_supernatural' relatiori to God, and thus, :at ~least indirectly, with respect to all other persons and things. Grace is alsoa prindple of order within a man himself inasmuch as it is a source 0f supernatural moral, order and propriety, and hence of .beauty, in all his con-duct. Moreover sanctifyin~ gr.ace'possesses order within itself in the sense that it brings with itself and keeps in proportion all the infused moral virtues and the gifts of the Holy Spirit. All these taken together constitute the supernatural organism, the anatomical basis, so to speak, of the supernatural life, and this organism must have a proportion and symmetry and harmony equal to its gen-. eral excellence. Being spiritual, it must be superior to whatever is material; being of itself immortal and incor- ~uptible,,its beauty should be corr.espondingly great and lovely. Not only this, but since it is supernatural, its attractiveness should be higher 'and better than merely natural spiritual beauty. Oftentimes one of the principal sources of,the satisfaction found in the esthetic contempla-fion of works of beauty is the perception df how the artist has really reached or approached the ideal which was evidently before his mind. In grace, Which is a super-natural likeness of the divinity_---in fact the highest pos-sible likeness of it---~.the in'tended correspondence between the model or ideal and the real must be perfe.ct and com-plete since God Himself is the artist who ~produces it. That grace possesses brightness and adds. a certain light to the soul that it adorns is.abundantly evident from the fact that in all the literature on grace, whether ancient or modern,, light is one of the analogues most commonly used to explain it. Thus the Catechism of the Council of Trent 226 dul~t, 1945 GRACE AND BEAUTY says that grace is "a certain splendor and light, which blots out all.the stains of our souls and makes thos~ souls them- . selves more beautiful and splendid'.' (Or: Balatisrn, 50). Grace, therefore, has its own spir.itual and supernatural ¯ integrity, harm.ony, and brightness, and as such is beautiful or fair to behold. ¯ VI. Beauty as ~an effect of grace was a favorite theme with St. ¯Bonaventure. He liked to conceive grace as making one a sort of spouse of God. Hence it was natural for St, Bonaventure to emphasize the adornment that grace confers and that high and special kind of beauty' which becomes a spouse of God. It makes one so attrac-tive and lovely in the sight of God that one become.s a fit object of divine complacence. "The .king shall greatly desire thy beauty: for he is the Lord thy God, and him they shall adore" (Psalm 44:12). "How beautiful art thou, and how comely, my dearest, in delights" (Canticle of Canticles 7: 6). VII. Among the lekser eventual effects of grace will be the resurrection and the beauty of the glorified body. "Then 'shall the just.shine forth a.s the sun' in the king-dom of their Father" (Matthew 13:43). "The Lord 3esus 'Christ. will tr~lnsform the body of our lowliness, that it may be one with the body of his glory, by the force of that power whereby he is able tb subject all things to himself" (Philippians 3:21). The physical beauty of the glorified body will be yer~ great indeed, even in the case of those in whom it will be least, for instance, in the bodies of b~ptized infants who entered paradise with the lowest measure of grace, or in those sinners or converts who barely squeezed in fit the last moment. "There are heavenly bodies and earthly bodies; but the glory of the heavenly is different from that of the earthly'" (I Corinthians 15:40). Oftentimes, 227 G. AUGUSTINE ELLARD 'R~vieu~ [or Religious if not too often, mortal human beauty is enough to enchant and transport men.It is the product of a merely natural process or of the cosmetician's art. Immortal human beauty Will be the creation of the Infinite Artist Himself and such' as befits the final and crowning state of His uni~rerse. The human beauty that we see here is o. nly.too evanescent; celeso tial~ human beauty will be eternal,, forever adding to the delight of all who behold it. Human beauty in this life is granted indiscriminately to the good, bad, and.indifferent. with the advantage rather in favor of the indifferent or bad. -at least because they are more gi.ven to cultivating it. Glorio fled b~au~y is~ reserved for God's. own elect and favorites. Beaut.y here .issuch as becomes this vale of tears; beauty there must be great enough to harmonize with the mag-nificence of the ~elestial mansions and theexcellence of the" persons who form the celestial society. The least beautiful glorified body should be at the minimum, it would seem, incomparably more.lovely than the. most beautiful body not yet glorified. .'What then of the most beautiful men and women in heaven? The personal physical beauty, not only the spiritual, but particularly now that of the glorified bodies of the ~lect, will, like the beatific vision itself, be proportion~ate to~ ~the. amount of grace with which they entered heaven. "There is the ~!ory o~ the sun, and the glory of the moon, and the'glory of the star~; for star differeth from star in glo,ry. And so it is with the resurrection of the dead."" (I Corinthians. 15: 41, 42.) "In the final state such will be the subjection'of t.hebody to the soul that even the quality of the body will. follow the excelience of the mind: whence according to the different degrees of merit, one soul will be more Worthy than another and one body more glorious, than another" (St. Thomas, In II Dist. 21, q. 2, a. 1). VIII. The practical conclusion from all these consid-. 228 GRACE AND BE/~UTY erations is that one who desires to possess the optimum quality and the maximum quantity of beauty, natural and supernatural, physical and moral, spiritual, and b6dily, who wishes to let the greatest number of the best persons enjoy.it, and who would retain all that beauty for the !onges.t time, should devote oneself to accumulating the highest possible measure ofsanctifying grace. Moreover, the more grace one has, the keener will be one's Vision and fruition of the infinite beaugy of God Himself and of all the finite beauty, whether in persons or things, in heaven and throughout the whole universe, and that eternally. ENEMIES OF FAITH The enemies of faith are tw, o and .they are closely related to each othe, r, sin and worldliness, All sin but especially habits of sin obscure spiritual v~sion: make it hard for the mind to see God's full truth. Sin is a thing of darkness, and it loves the darkness to hide its sham~. Worldliness, however, is perhaps the greater enemy of a living faith because more common, more plausible, more insidious seeing that its manifestations are not'always obviously sinful. Worldliness is!a cast of mind and a habit of will that ignore divine adoption: the blight of a naturalism that vitiates one's appraisals, one's likes and dislikes, all of one's habits of life as though one.~were not a son of God. Gradu-ally but surely does it extinguiih the ligl-it bf th~ new knowledge to end in darkness and sin "and disrelish for prayer and the beautiful realities of God.--F. X. MCMENAMY, S.J., in Alter Christus. 229 ' Walter J. Ong, S.J.- MANY religious, sensing beneath the writings of John Henry,Cardinal Newman a character sympathetic to their way of 1if,e, must have asked thdmselves: Why did Newman not become a religious? In this centenary year of his conversion, many will recall that for some time after Newman was received into the Church'on October 9, 1845~ heithought seriously about the religious life as a vocation for himself and for others of the group of Anglicans who came into the Church with him. ~ In a .sense, he finally' decided both for and against the religious state. A year and ~ half after his conversion, he chos,e, in the life devised by St, Philip Neri for his Ora-torians, a place for himself half-way between that of the religious and~that of the diocesan priest. For members of an Oratory of St. Philip Neri are priests, and assisting lay brothers, who live under obedience in a ~ommunity. Never-theless, they are not religious, for they live thus without public vows. The Oratorian community, compared to a religious community,.ii thus very !oosely knit. Each mem-ber in great part provides for his own material needs out of his own resources, and each is free to leave should he wish to do so. Why. did. Newman settle upon this kind of life? Appeal of Religious Life? Was it because the religious life did not at all. appeal ,to him? Some might suspect this. Indeed, owith all the "230 NEWMAN AND THE RELIGIOUS LIFE writing there is about Newman', it would not .be surprising if ~omeone who likes to spade around in the subconscious has turned up a theory that Newman did not become a religious because the re.ligious life demanded too much self-abnegation. Perhaps someone has. Int~res.ting and even amusing texts could be quoted to support the theory. Let us quote a few. Reactions to Religious Observance? In 1846, the year after their conversion, and before their ordination to the priesthood, .Newman and his fellow-convert Ambrose St. John were to go to Rome, where they hoped to mature some definite plans for their future activity in the Church. At Rome they.would s.tay at the Co.llegio di Propaganda, a seminary conducted by theRoman Con-gregation of the Propagation of-the Faith. In this.semi-nary,, or. college, studies were made by many of tbose destined for the priesthood in missionary countries, among which countries England, like America, was classed ~at the time. From a former stud_ent. 'at the Collegio, a Dr. Ferguson, Newman had wormed out an advance description of the life there.'His letter to St. John reporting wh~t Dr. Ferguson b, ad to say s.bows interesting reactions to matters touching the religious life: Every quarter of an hour has its work and is measured-out by rule. It i~ a Jesuit retreat continued through the year. You get .up at half past five, having slept (by compulsion) seven and a half hours, at quarter to six you run into the:passage and kneel down for the Angelus. Then you finish your dressing. At six you begin to meditate--the prefect going up' and down and seeing you are at your work. Three mihutes off the 1half hour a bell rings for the col-loquium. At the half hour (hal'f past six) mass--which every ond attends in surplice. Seven breakfast, some bread and some milk and (I think) coffee. Then follow schools--at half past e1~ven dinner and so on. A dompulsory walk for.an hour and a half in the course 231 Reoieto for Religious of the day.x Newman calls' attention to some details closely related to common life: Recreation an hour after dinner and supper--but all recreate together ~--no private confabs. In like manner no .one must enter any other .person's room. (Corollary. It is no good two'friends going to Propaganda.) . Further, your letters are all opened, and you put the letters you. write into the Rector's hand. To continue--you must not have any." pocket money . "Then there is no good," I asked, '"in taking money." "No," said Dr. F., "none at all." Next, you may not have clothes.of your own--the RectOr takes away coat, trousers, shirts, stockings, ~c. ~c. and gives you some of the Propaganda's. Although the Collegio was run to train not religious but diocesan priests, the details which Newman here singles out for comment includ~ many which remain more or less a permanent part ~)f the religious life~ From the rueful tone of Newman's letter, one might gather that such details 'are listed because they show where the shoe pinched the most unbeara,bly. Little wonder, one would say, that Newman did not' become a religious. The life plainly did not at all appeal to him.' "They give you two cassocks," he goes on, "an old one and a new one." (Newman's own italics). ' "To complete it, he [Dr. Ferguson] said that I should be kept there three years and that I shouid have to read Per- .rone." Reading Perrone seems to have been ~ associated 'iri Dr. Ferguson's mind only with.feelings of the greatest ter-. ror. Perrone, well-known Italian theologian, Was laterto be Newman's friend and champion. But now Newman passes over Perrone's name without comment, having asso- Ciated with the name nothing but the iinister overtones of xWilfrid Ward, The Life of John Henry Cardinal Netoroan (New York: Longmans, Green and Co., 1913), I, 132. All quotations from this work are with the kind permission of. the publishers. . 232 , Ju1~,1945 NEWMAN AND THE RELIGIOUS LIFE Dr. Ferguson's woeful recollections. "Meanwhile . . . we heard that at Rome . . . 'apart:. ments' have been'got ready at Propaganda for Dr. Wiseman and' me." Newman must have shuddered as he~ wrote "apartments": at least he put~ the word in quotes. "The only allowanc~ I extracted from Dr. Ferguson," be continues, "was that you might bare private papers in your writing desk . Dr. F. said one thing was provided gratis--snuff ad libitum and I should be allowed to take a snuffbox." In the event, Newman was not subjected to the rules here described for the young seminarians. According .to our projected theory, this should pro.re that he had no stomach for any life restrained by strict rule. His.sub-conscious repugnance to restraint asserted itself here, and be somehow automatically edged his way around even temporary regular observance--this enterprising theory would hold. Other evidence could be scraped up. ofit of " Newman's letters to give body to such proof. For instance, shortly after his conversion he writes of a visit just paid to the Catholic college at Oscott:. ChaHes Woodmason and I . . . arrived here on the fe.Xstival of St. Cecilia . We found the passage crowded and no servants to answer the bell, and bad to poke in as we might, leaving our 1Bggage at the entrance. I say they perhaps were" scandalized, for they have the most absurd notions about us. I think they fancy I never eat, and' I have just lost a good dinner in.consequence. After returning from Birmingham walking and hungry, I literally have had to pick up a crust from the floor left at breakfast and eat it,. from shame at asking again and again for fhings.2 Does this hankering for servants 'and victuals Show the spirit of abnegation which the re!ig~ous life demands? And, the letter gets worse instead of better: 2lbid., I, 103-104. 233 WALTER J. ONG Review for Roligious . Wall, we were ushered into the boys' dining room--the orches-tra at the end, and the table~ plentifully laden,for all hearers with cake and (pro pudor)" punch~a very sensible w.ay of hearing mu.sic. They certainly were scandalized at my d~tecting the pu.nch--for they said again and again that it was made of lemon and sugar. All i~can say is that ours.at the high table was ~emarkably stiff,.and that I was obliged to dilute it to twice or thrice i~s quantity with water. More of this kind of thing ~ould be dug from New-man's correspondence, and one could turn it all to account to explain quite ~eadily Newman's turning away from the religious state. His unconscious self had said from the first, "Don't be a religious,'.' adding with standard subconscious ¯ hypocrisy, "but talk sometimes about the religious life So you'll get the credit for being interested in it." Thus New-man's attraction, to the religious state was sham--the the-ory Would conclude. A good conclusion, if only it 'were true. Such a con-clusion, hoWever, would not be founded on fact, but rather on a wild misinterpretation of some of Newman's pleasant-ries. Indeed, the last passage just quoted hints that people bad associated with Newman, not. mere talk, but definite habits of abstemiousness quite in accord with the little sac-rifices demanded by religious life. Newman's Self-Abnegation. )ks.a matter of fact, Newman had such habit~. An appetite for quite real s~lf-abnega~ion in .imitation of Christ had worked itself out very practically in Newman's lifd even before he entered the Catholic Church. In 1842 he had retired from Oxford to the neighboring town of Littlemore, where he gathered some of his Oxford friends. Here he became a Catholic 'and here he continued to live until February,. 1846. We have an account of the place of retreat at Littlemore in a letter in the Tablet shortly after Newman's conversion written by Father Dominic, the 234 July, 1945 NEWMAN ~AND THE',RELIGIOUS LIFE Italian Passionist who received him into the Church. "Littlemore," Father Dominic explains, is a village about :two or three miles from Oxford. It presents nothing charming in its aspect or situation, but is placed in a low, flat country; it exhibits no delightful vill.as, nor agreeable Woods and meadows, but one u~nvafi~d uniform appeara.nce, rather dull than pleasant. In the midst of this village we meet with a building, which has'more the look of a barn than a dwelling:house; and in reality, I think it formerly was a barn. This unsightly.building is "divided by a number of walls, so as to forni so many little cells: and it is So low that you might almost' touch the roof with'your hand. In the interior );ou will find t.h.e most beautiful specimen of patri-archal simplicity and gospel i~overky.8 The Italian was iensitive to the vagaries of the English weather and impressed by the sombrene.ss ofEngland's dark, damp days. Failure to take measures against such conditions was to him a sign of real mortification: To pass from one cell to another, you must go through a little out-side corridor, covered iladeed with tiles, but opeln to all inclemencies of the weather. At the end of this corridor, you find a small dark room,'whi.ch has served as an oratory. The furnishings and diet impressed him most of all. In the cells nothing is to be seen but poverty and simplicity-~bare walls, floors composed' of a few rough bricks, without carpet, a straw bed, one or two chairs, and a few books, this comprises the whole furniture ! !-! The refectory and kitchen are in the same style, all very small and v.ery poor. From this description one may easily guess what sort of diet was used at table: no delicacies, no wine, no .ale.,'no liquors, but seldom meat; all breathing an .air of the strictesk poverty, such I have never witnessed in any religious house in Italy. or France, or in any other.country,where I have been. A C~ipuchin monastery would appear a great palace when compared with Little-more. It is the "best geniuses of the Ang!ican. Church" who. have retired, to this house, Father Dominic goes on, and have lived there--persons "of birth, learning, and pie~ty,. Slbid.o I, 106,107. 235 WAETER 3. ONG Review [or Religiou~ who possessed, or at least might have possessed, the richest livings and fellowships which the Church of England can bestow." And yet it had been said that their living as they had at Littlemore was due to singularity and pride! "Those who entertain such an idea," the good father continues, "might in the same way calumniate our Blessed Saviour; his Apostles, and all the followers of the Gospel." Foroit was plain to any open-eyed observer that the life at Little-more was undertaken in imitation of Christ. The. ho!y and simple Italian priest, as Newman's biographer Wilfrid Ward calls Father Dominic, gets so excited at the blindness and malice of Newman's critics that he breaks into a regular, litany of puns: "O men, O English-men," he almost chants as he concludes his letter to the Tablet, hear the voice of Littlemore. Those wails bear testimony that the Catholic is.a little more than the Protestant Church, the soul a little more than the body, eternity a little more than the present time. Understand well this little more, and I am sure you "will do a little more for your eternal salvation. This is .apparently what made Newman, who was undoubtedly embarrassed by t.he good father's letter, remark that no one at Littlemore could read the letter with a grave face. Bu~ Newman does not contest the facts which Father Dominic had set down. Newman and the English Scbne Littlemore shows in some ways a .greater attraction to a life of self-abnegation and self-surrender than perhaps most religious exhibit before their novitiate. But Little-more provides us as well with the key to Newman's final decision against the religious life. For Littlemore was the place wh~re Newman retired to learn God's will in his regard, and there, were good signs.that the will of God called him elsewhere than to a r.eligious institute. 236 dulyo 1945 NEWMAN AND THE RELIGIOUS LIFE Had he been at the time of his conversion a young man, Newman might perhaps have entered a religious institute and let his life be shaped there, just as Gerard Manley Hop-kins was to do. Hopkins, an Oxford man like Newman and destined like, Newman to become a great figure in nineteenth-century literature, was converted at the 'age of twenty-two. But Newman. (who incidentally, was to be the one to receive Hopkins into the Chu.rch in 1866) was forty-four when he became a Catholic. He bad already cut himself a niche in English life. He had been the leader of a party which had split open the intellectual .world of Oxford and with it the Anglican Church; and, although the party had finally b~een .badly routed by the liberal Anglicans at the. time it lost many of its ,leaders to Rome, Newman's place in the Oxford movement had made him a marked man in England. And here we have the basic reason why New-man did not turn to. the religious state: he felt that his value to the Church, a value already fixed by his place in Eng-land's life, could not be best exploited the~e: ~ Being Taught God's Wilt .W.riting many years later to young Edmund Froude, who had rather precipitately made up his mind to be a religious, Newman sald, "I know you are a prudent boy, and I wish you gravely and continually to pray God, that you may. be taught His Will as regards you. For we must persevere in prayer, if we would learn it.''~ Newman him-self had had to persevere in prayer-to be taught God's will in his regard and this not only with regard to entering the true Church. For a year and a half after his conversion there was an interval of prayerful searching, as both New-man and his friends, eager to find what place God ,had marked out for them, felt their way about the edifice of' the 4Gordon-Huntington Harper, Cardinal Newman and William Froude, A Correspondence (Baltimore: The Johns Hopkins Press. 1933), p. 169. ¯237 ~rALTE~ ,~. ONG ReOiew [or Reti~iou, s Church,'in which they Were at the same time.very much at home and strangely unconversant with many ordinary thifigs. They were at home because they were indeed in their Father's house, about whichthey, had been reading all their ~lives in the Scriptures and in patristic writings. But, how-ever much at home they felt, the fact was, their Father's house or no, they had never been in it before. Forthis rea-son Newman and Ambrose St. John went frorfi~England to Rome in 1846 to imp.rove their knowledge of the Church from the inside. It is a little amusing to see them cautiously smelling out different theological schools at Ro~e or still indulging in themselves something of the amazement of the benevblent Protestant who has just found thht the Cath-olic clergy are not such a bad lot after all. In this vein, Newman, en route to Rome, writes delight-edly from Langres in France to his friend Frederick Bowles that the French clergy are a merry, simple, affectionate set--some of them quite touchingly, kind and warm-hearted towards me, and only one complaining, as I think he did, of English heaviness (our stomachs were in fault) . M. La~ont is Very cheerful, hnd talks Latin well, which few of "the other clergy.do. The Dean does, and is a kind warmhearted person.5 During this time when he was gaining familiarity with the Church from inside her doors, Newman was in close contact with many religious-TDorninicans, Passionists, Jesuits, Franciscans, and others. He bad a Jesuit confessor at Rome. And Newman was certainly thinking of the various religious institutes in terms Of his usefulness in Christ's cause: "'It i~ ,one especial benefit in the Catholic ~burcb," he writes from Rome to Henry Wilberforc~, that a person's usefulness does not ~lepend on the accident of its .SWard, Life,~ I, 136. 23'8 ,lulg, ~94~ NEV~MAN AND THE RELIGIOUS LIFE being found out. There are so many ready-formed modes of'us~ful-hess, great institutions, and orders with great privileges and means, of operation, that he has but to unite himself to one of them, and it is as if Pope and Cardinals took him.up personhlly.° Newman adds a remark which shows that he was ~hinking of the religious life as a sort of r~fuge from pos-sible ecclesiastical honors: Since, I am in for it, I will add," what (as ~far as Io know) I have. never told to anY0ne--thai, before now; my prayers have been so earnest that I never might" have dignity or station, that, as they have been heard as regar.ds the English Church, I think their will be heard now also. They were~ No honors threatened for m~n)~ weary years; but rather failure and misunderstanding. Special Responsibilities But from the time of his conversion Newman was con-scious tl~at he might have "special responsibilities" which .would not'leave his choice of a State of,life entirely free. He was afraid that these responsibilities might not be discov-ered for him evenin Rome. "I can't tell as yet," he informs . Wilberforce in the same letter, what they will make of me here, or whether they will find me but. It is very difficult to get into the mind of a person like me, especially considering so few speak English . . . and I can say .so little in Italian. Newman and St. John had indeed picked up Italian only in their leisurely journey down through Italy to Rome picked it up not without some disaster, as when, mehning to tell a departing Italian acquaintance in Milan that he hoped to.see him in the winter., St. John blunHered confi~ dently, onto the word inferno for inverno and succeeded only "in leaving the startled Italian with the understanding that the English visitor hoped to see him s6on in hell. Newman was delighted at this occurrence, for St. John Olbid., I, 151. " ¯ 239 WALTER J, ONG Review [or Religious was the greater enthusiast for the language. But when they got to R6me arid Newman could pick his way only rather gingeriy through an Italian ~onversation, he fel'tthat he w~s greatly handicapped in his efforts to find his prope,r place within the Church. Newman wanted information and advice. But "what can people know of me?'" he goes on to Wilberforce, . I don't expect people will know me. The consequence will be, that, instead of returnihg with any special responsibilities upon .me, any special work to do, I Should on my return slink into some re~ady-formed plan of operation, and if I did not become a fi~iar or a Jesuit, I should go on hiamdrumming in some theological seminary or the like. Thus Newman felt that, /:or him; fitting into a ready-made plan might indeed be "'slinking" dodging the "spe-cial responsibility." In accordance with this line of thought, the conviction that he should not join a religious institute finally won out, as it had threatened to do from the first. He writes to Dalgair.ns from Rome on the last day of the year 1846: I have'the greatest fear I am bamboozling nays.elf when'I talk of an order: and that, just as Anglicans talk of being Catholics butdraw back when it comes to the pgint, so I, at my time of life, shall never feel able to give up property and take to new habits.7 But the repugnance to giving up property was no greater,. certainly, for Newman than for many who have embraced the religious life, and it was not this, repugnance which decided him in the course he took. He goes on: -Not that I should not do it [enter a religious institute], had I a clear call--but it is so difficult to know what a. clear call is. I do not know ~nough of the rule of the different ~ongregations to haste any opinion yet--and again I do not think I could, religiously, do any-thing that Dr. Wiseman disapproved. 71bid., I, 170. 240 July, 1945 NEWMAN AND THE RELIGIOUS LII::E Final Reasons for the Orator~t Even with this protestation of ignorance concerning the rules of religious institutes, Newman sbts down' at this time ¯ the reasons which were ultimately to d~termine--indeed, we[e already determining--his choice. In thinking of a. .regular life, he continues, a great difficulty . . . is my own previous history: When it comes upon me how late I am trying to serve the Church,the obvious ahswer is, Even saints, such as St. Augustine, St. Ignatius, did not begin in earnest till a late age. "Yes, but I am much older than ~hey." So then I go on to think and to trust that my past life may form a sort of aphorme [base of operations] and a ground of future usefulness. Having lived so long in Oxford, my name and person are known to a very great many people I do not know--so are my books--and I may have begun a workwhich I am,now to finishl Now the ques-tion is whether as a regular I do not at once cut off all this, as becoming a sort of instrument of others, and so clean beginning life again. As a Jesuit e.g. no one ~ould know that I was speaking my own words:" or was a continuation, as it. were, of my former self. Newman goes on to.set down a notion which he,had thought worthwhile ment.ioning to Bishop Wiseman, that he and his associates should be a group or college in Eng-land dependent on Propaganda, which still administered England in place of a regular hierarchy. "This," Newman concludes, "would not be inconsistent ~ith being Ora-torians." By the beginning of the year 1847 Newman and a group of his friends had fixed on the Oratory of St. Philip as their place in the Church--the place where prayer and common sense and the wishes of their eccclesiastical supe-riors made it plain that God wanted them. In the spring of t847 Newman, St. John, W. Goodenough Penny, J. D. Dalgairns, Robert Coffin, Richard Stantc~n, and F. S. Bowles began a brief novitiate at Rome, and in January of the following year the first English Oratorian ~ommunit~r 241 WALTER J. ONG began tO assemble at Birmingham under a rule adapted slightly to the demands of life in England. Newman's Choice and Prbvidence The event proved that Newman's calculations were {ralid, that his patient and' prayerful search had effectively laid his life in the hands of Providence. For it was to the best interests of Christ's Kingdom that Newman should remain preeminently an individual in the minds of the English people. The English never succeeded in under-standing Newman the Catholic. They would never even have tried to understand Newman the religious---the mem-ber of some weird and superstitious'posse of the Pope's. But with Newman the individual they could at least try to sympathize. And that is how Newman won his countrymen in his ,.Apologia pro Vita Sua, diverting the currents of feeling which swirled confusedly about him into channels friendly to the Church. In 1845 and 1846 and 1847 Newman could not see ahead to the Apologia, in which he was to l~iy bare the history of his religious convictions and jus-ti. fy his conversion to Catholicity. But in the Provi-dence of God, which calls some to one kind of life ai~d some to another, "disposing all things sweetly," he took the step in 1847. which made the Apologia possible and turned his life from a long series of failures into.a great spiritual suc-cess. Had he become a .religious, Newman would have had the same story to tell as he tells in the Apologia. But, as he shrewdly foresaw in 1846, no one would have belie~'ed that he was speaking his own words. In the Oratory of St. Philip, only loosely tied to his associates, he remained .in the popular mind Newman, the individual Englishman. That made" possible the work which God bad for him to do. 242 Why Does Father Ask Questions? Gerald Kelly, S.J. DURING the years of his seminary training,, the young priest-to'be is thoroughly instructed in the duties of those who go to confession anal is also made acquainted with some of the principal difficulties that his future, peni-tents might experience. ' This is as it should be, The priest should be able to help and sympathize with his penitents. But that is only one side of the picture. The confessor-. penitent relationship .is "mutual; and, particularly from the point of view of the penitent, it is, perhaps the most pro-f0u. ndly intimate relationship in the world. The penitent often reveals things to the confessor that he Would not dis-close to anyone, else, even his dearest friend.It seems logical, therefore, that the penitent ought to know something of the duties and problems of the confessor. Catholics do know, in.a rather vague way, something of the confessor's duties and difficulties. They know that he ~ears their sins as the ambassador of God and that he is bound by the most rigid and sacred secrecy possible. And they can readily understand that long hours in the confes-sional must be tiresome and must create a. spei:ial :difficulty with regard to the practice of such virtues as patience and kindness. But there are many things that they do not understand" and one of these seems to be the asking of questions by the.confessor.~ If we may judge from remarks heard in conversations about confession, we may conclude that penitents fall into three rather general classes with respect to being questionbd by the confessor. Some penitents rather like it because it 243 GERALD KELLY Reoieu~ for Religiou~ makes their own task easier and makes them more satisfied that their confession was good. Others definitely resent ~luestioning; they want to say what they have to say and then be allowed to go in peace. Still others neither like nor resent the questioning, but among these many wonder why questions are asked. All these classes of penitents--and of course all who teach catechism and instruct others how~ to go to confession--would very likely profit by-a knowledge of som'e of the reasons why the priest questions °~hem; and if they ~kriew these reasons they would very likely try to improve their methods of going to confession and thus avoid the necessity of questions. As a judge in the placeof Christ, the priest gives abso-lution to a worthily-disposed sinner and refuses absolu-tion to the sinner who is not sufficiently disposed. This is the most imporl)ant office of the confessor; but it is not his only.' function. He is also a pb~tsician., with the duty of healing the wounds of sin.and prescribing remedies for the "future; he is, to some extent~ a teacher, with the duty of instructing the ignorant; and he is the spiritual ~:atber to his penitent, with the° duty of giving paternal admonitions, counsel, affd e.ncouragement. In each and' all of these capacities, the priest might tinct reasons, for questioning pe.nitents. I" cannot discuss all these reasons here; but I should like to call attention to those tbat might be most common or most important. Sut~cien't Matter? For the instruction of. seminarians and for the help. of priests, moral theologians sometimes prepare ~¢hat thev call "case books"--that is, books of practical problems that ~the priest .is likely~ to encounter in.his ministry. To make the problem concrete, it is proposed in the form "of a ficti-tious incident. The student is to,decide what he would do 244 ,lul.q, 1945 \VllY DOES FATHER ASK QUES'I~IONS? under the circumstances; then he can check his solution with the solution offered by the author of the book. I can illustrate the first reason why a priest might ask questions by two s.ample Confessions taken from one of these case books. The first confession is that of a devout woman named Eudoxia. "I never detract others, as many women do," EuSoxia tells her confessor. "I have had to listen to men blaspheme, but.I told them I disapprove of their language. And I forgot to say my morning prayers several times.". That, according to the case book, is Eudoxia's entire confession. Not. a real sin is mentioned; and there is no concluding accusation of the sins of her past life. So far as absolution is concerned, Eudoxia might just as well be a newly baptized baby. But there is this l~rofound difference between Eudoxia and the baby" the baby has not sinned, whereas Eudoxia--unless she has the special privilege given to Our Lady--most certainly has committed some small sins, at least in he.r past life. The confessor's problem is to get her to confess a sin. "Perhaps you have told some small lies, or given way to impatience, or committed some other small sins; like sins of vanity?" the confessor asks Eudoxia. Most of us, I am sure, would call this an easy, safe approach, Tl~ere is" nothing particularly opprobrious about these .sins,.and even very good people occasionally fall into them. But not Eudoxia! "Far be it from me, Father," she replies firmly, ever to commit any of those sins!" With that we can leave Eudoxia to her confessor. He may try to explain to her how all people commit some small, sins, and that in her case it is just a matter of recog-nizing the sins and perhaps of examining her conscience more carefully. He might even indicate that she could get some valuable information abmit herself from. those "other 245 GERALD KELLY women" of whom she spoke in her confession or from those men who blasphemed in her presence. But he may not and cannot give absolution until he knows, there is something to absolve. Virtues, mere imperfections, involuntary acts, and doubtful sins (for example: "I accuse myself in so far asI amguilty") arenot sufficient matter for absolution;' and if a confessionconsists entirely of such things~ the con-fessor simply has to ask questions. ¯ Anbther sample confession, taken from the same case bbok, will illustrate the problem of insufficient matter under a slightly different aspect. This time the penitent is a man, .whose Latin name is best translated by Goodfellow. "'Father," runs Goodfellow's confession, "I haven't anything to confess except that I frequently had impure thoughts, and once, when I was traveling, I missed Mass on Sunday." That is the whole of Goodfellow's confession. He seems tO be a man of few deeds and fewer words. The prin-dipal difference between his and Eud0xia's confessions is that Eudoxia deaily confessed no sins, whereas Goodfellow may be confessing real sins. Every confessor learns, after some little ~xperience, that the accusation, "I had impure thoughts," does,not necessarily mean sin. It could mean that the penitent committed a mortal sin against purity_; but it could also mean that the penit.ent was merely tempted against purity--in other words, that the thoughts were entirely involuntary and not at all culpable. And the same may be said for Goodfellow's failure to hear Mass. Devout people sometimes confess "missing Mass," even when they had. a broken leg. They. do not really mean that they sinned; they merely feel better when they tell the confessor aboutoit. Goodfellow might be one of these devout people; perhaps his journey made it impossible to .hear Mass and lie knew this .was no sin. 246 dul~,IP45 WHY DOES FATHER ASK QUESTIONS? If Goodfellow's impure thoughts were involuntary and he had a good excuse or thought he had a good excuse 'for missing Mass, his confession is the same as Eudoxia's: it Gontains no real sin. Strictly speaking, things like this should not be confessed unless one wishes to get, some advice about them; but if the peni.tent does confess them, he should indicate .that they were not sins and should ' include in his confession some other matter for absolution. Otherwise the confessor must ask questions. Mortal or Venial Sin? Even if Goodfellow's impure thoughts were really sin-ful, there would still be a further problem for the confessor. He has to judge, in so far as this is reasonably possible, whether the penitent ~ommitted a venial sin.or a mortal sin: and this judgment is particularly difficult .to make with regard to such things as internal sins. As I said before, the accusation, "I had impure thoughts," may refer merely to a. temptation, in which case it would be no sin at all. But it could also mean that the penitent was guilty of some negli-gence in getting rid of impure thoughts--and this, though it would be a venial, sin, is a far cry from full consent and deliberate mortal sin. All of us learfied (or were supposed to learn) in cate-chism class that a full-fledged mortal sin must have three. elements: serious matter, sufficient ~eflection, and full con-sent of the will. In some types of[accusations a confessor can readily presume that all these elehaents were present;but in many other~ be must ask a question or tWO to determine whether the matter was really, serious or whether there was sufficient reflection and full consent. It is often very difficult, even after questioning, to.forma judgment regarding reflec-tion and consent; and it can happen that both the penitent and the confessor will have to leave the judgment to God. 247 GERALD KELLY Review for Religious But they are not supposed to "leave it to God" without r~aking some reasonable effort to decide it for themselves. I might mention here that the judgment concerning d~gree of guilt is not nearly so important as the judgment ~oncerning sufficiency of matter. A mistake concerning sufficient matter (for example: if the confessor judged that the confession contained real sin when not even a real venial sin was included in thea c'cusa"tion) would make the abso-lution invalid, even though the penitent, being in good faith, would commit no sin. But a mistake in judging the degree of guilt (for example: by judging a sin to be mortal when it was only venial, or vice vers)~) would not affect the validity of the absolution. The Law or: Integrity Reminiscing on catechism days will also bring to our minds the la~ of Christ that all mortal sins must be con-fessed according to species and number: in other words, the ekact kind of ~in committed andthe exact number of times each sin was committed, in so far as the penitent can tell these details, must be confessed. If the priest notices that this law is not being kept, he must prudently help the penitent by questions. The man who has committed mur-der does not satisfy this obligation by merel.y saying that he violated the Fifth Commandment, because there are many ways of violating that Commandment; and if he murdered his brother he would not satisfy his obligation by saying that he had killed a man, because homicide and fratricide are different kinds of sins. Finally, if we make the wild supposition that he bad seven brothers and that he mur-dered them all, he would not fulfill the law of integral con-fession by simply saying that he had murdered his brothers, because he "is Supposed to tell how many mortal sins he committed. 248 dulg, 1945 WHY DOES FATHER ASK QUESTIONS? I realize that homicide and fratricide are not the regular subject-matter for confessions. A Commandment that would probably touch the lives of ordinary people more ¯ closely would be the Sixth. And the confession of sins against this Commandment present~ special difficulties for both penitent and confessor. Penitents find the confession of sins of impurity embarrassing, and they would naturally 'like to keep their accusation as general as possible. Further-more. they often do not know just how to express them-selves, perhaps because they feel that they do not know the proper terms to be used in the confessional. As for the con-fessor, it is easily seen how he might find the questioning of penitents concerning sins of impurity a particularly delicate matter. The best solution to' the mutual embarrassment problem is to have the penitent try to keep the law of .integrity by confessing in his own words the kind of sin he committed. The confession should be brief and to the point. The confessor can hardly fail to understafid: and thus the need of questions, at least on this score, will be avoided. Of course, there are 15enitents who prefer to be questioned in this matter because they find it too difficult to express themselves without help. These penitents should at least mention their inability to the confessor and asl( for his assistance. True Contrition? A very important--in fact, an essential--judgment to be made by the confessor concerns the penitent's disposition. Practically speaking, tbis means that before giving absolu-tion the confessor must judge that his penitent has. true contrition, at least imperfect contrition. Absolution can-not be ~'alid if the penitent has not this minimum'disposi-sition. ¯Generally speaking, of course, the presumption is that 249 GERALD KELLY Review for Religious ¯ people do not confess their,sins unless they are sorry for them. But this presump.tion admits of many exceptions, as the moral theologiai~s are careful to point out. For instance, there is thecase of the penitent w, ho has been prac-t. ically forced to confession by wife, m0ther~ br teacher. It is true that even under such circumstances a good confession can be made; but there is a very real danger that such con-fessions might be insincere and that genuine contrit.ion and desire for absolution mil~ht be lacking. Another difficulty tha't might make for defective contrition is lack of instruc-tion. Great moralists like St. Alphonsus' Liguori point out that many simple people are a~t to get the habit of going to confession without really appreciating the need of contrition; especially with reference to purpose of amend-ment. In all.cases like the above, where the confessor has a reasonable .suspicion that-contrition is lacking or defective, he must ask a question or two. And besides these general difficulties there are certain sl~ecific problems concerning which he must be especially careful. Among these specific cases a m6st important one .is that of the penitent with a habit of serious sin. . The habitual sinner is apt to have a very vague and ineffective purpose of amendment. In. a general way he wants to break his habit, but he fails to decide on any deft-nite way of doing so. Strong habits are not broken in that way. One must.try to find the reason for his habit and try to remove that reason. The habit may be the result of his own weakness; and in this case he must take some means to strengthen himself. Or the habit may be connected with an occasion of sin; and in this event some very drastic measures may" halve to be taken, with regard to the occasion. These are basic points concerning habits of sin; yet the penitent may be ignorant of them and unconscious of his need for 250 J~,ty, 1945 Wl-iy DOES FATHER ASK QUESTIONS? help. And even if he feels his need very acutely, even if h~ is dreadfully discouraged--a not uncommon effect of habits of impurity---~ he may be too timid to ask for help; hence, if the .confessor does not takethe initiative, great harm may result. Even when a habitual sinner shows good Will his pr6b-lem is apt to be a'difficult one, because.it is not always easy to determine the exact ~ause of the trouble and to prescribe an immediately effective remedy. But the difficulty is much more serious when the penitent manifests a lack of sincer-ity: for example,, if he returns to the same confessor again and again without having made any attempt to follow advice, or if he goes from one confessor to another in order to find an "easy" one or to avoid the .need of giving an account of himself. Human nature is prone, to seek the ehsy ¯ way, and the very law of the Church which allows peni-tents a choice of confessors can be abused in such a way ~s to defeat the purpose of confession. Knowing these things. the confessor cannot omit questions when he notices or has a solid reason for suspecting that his peniten( is insincere. Other Reasons :or Questions. Thus far I have given the principal reasonswhy a con-lessor might feel obliged to ask questions: namely, to determine if there is sufficient matter foi absolution; to decide the degree of sinfulness; to help the penitent to make'- a complete, confession; to test the penitent,'s disposition; and to give needed advice and encouragement. Another very important reason is his desire to correct a false con-science. .These and similar purposes all fall within the scope of his sublime office as minister of the sacrament-- as judge, physiciah, teacher, and spiritual father. And to these we might add the simpler and more natural reasons, such as the fact that he does not hear what is.said, or that 25! GERALD KELLY . he is, not 'sure h.e catches "the penitent's meaning. And finally, the confessor is not exempt~from such difficulties as distractions and sleepiness. His mind may wander, and.his head may nod! If penitents were to keep all these things i'n mind, they would not resent questions, bfit they would try to make their confessions sufficiently clear and complete to allow the confessor tom keep his questions to the mini-mum. No doubt-it is true that occasionally unnecessary and even useless questions are asked: but this is'not the rule. Questioning penitents is seldom pleasant. Books Received ¯(From A~rll ZO to ,lune 20) " " LONGMANS~ GREEN. AND CO., INC., London, New York, Toronto. Enjoying the Neu~ Testament. By Margaret T. Monro. $2.50. THE BRUCE PUBLISHING CO. Milwaukee. A Dynamic 1~7or/.d Order. By Rt. Rev. Msgr. Donald~A. Mac Lean, A. M., S.T.L., Ph.D. $2.50. Weapons for Peace. By Thomas P. Neill. $2.50. CATECHETICAL GUILD, St. Paul, Minn. That You Mug Liue. By L. F. Cervantes, S.J. $2.00. SOCIETY OF SISTERS OF THE HOLY NAMES, Marylhurst, Oregon. The Hope of the Hart, est. By a-Sister of the Holy Names. $4.00 (plus postage). FREDERICK PusTET CO., INC., New~ York. Meditations on Eternitg for t~eligious. By the Venerable Mother Julienne Morell, O.P. $2.50. B. HERDER BOOK CO., St. Louis. A Retreat for Religious. By Rev. Andrew Green, O.S.B. $2.00. Christian Denominations. By Rev. Konrad Algermissen. $7.50. MOTHERHOUSE OF IMMACULATE CONCEPTION, Cdnvent Heights, New Britain, Conn. D,n'l~) Progress in Religious Virtues. By Rev. John Pitrus, S.T.D.'$1.60. 252 Perl:ecfion Is Union wish God Augustine Klaas, S.3. WE OFTEN HEAR it said.that spiritual perfection is union with God .and that~ the moreintimate this union is, the greater our perfection. The statement is true;but is there not frequently some haziness of mind as to just what is meant by. union With God and how it per-tains to perfection? Let .us examine variouskinds of union with God and their relation to spiritual perfectionl Hgposti~tic Union with God 'The closest union of our human nature with the divine is had in Jesus_Christ by rdason, of the hypostatic union, that is, the union of the divine and human natures of Christ in the Person of the Word. One Persofi, the Son of God, having a divine nature from all eternity, took to Himself a human nature like our very own from. the flesh of Mary, and by a viriginal birth became also .the son of Mary. "The Word was made flesh, and dwelt' among us" (John 1 : 14). ~Or as. Pope Saint Leo the Great graphically expresses it: "the Wisdom of God built a house in the flesh, whkh He took from a human being, and which He animated with a -rational soul." The human nature of.Christ ever remains distinct from the divine, but the two natures, are subs[an-t~ iallg united in the Second Person of the Blessed Trinity. This is the closest possible .union of our human nature with God. Such an intimate, substantial union of the human and the divine is had in Jesus Christ alone, for revelation tells of only one hypostatic union. It were blasphemy to say that in our pursuit of perfection we could ever attain to such an 253 AUGUSTINE KLAAS for Religious immediate union with God. We cannot even understand its character fu!ly since'it is an ineffable mystery. Before it we can only bow our heads in faith, in adoration, and in grati-tude, too, because from the hypostat!c union comes not only our sublime Model of perfection, but also from it, as from a fo~antainbead, flow all our grace, justification, incorporation into the Mystical Body, spiritual perfection. and ultimately our everlasting:union with God in heaven. Union with God in Hea~)en The blessed Jn heaven are intimately united to God. This union of our human nature with ,the divine is not substantial, like the previous one, but only accidental. Called the beatific vision, it is an immediate intuitive p.er-ception of the essence of God ~esuking in 10ve, and a sati-ating joy and bliss that Will last forever. Aided .by the "light of glory; the blessed see God face to face. .'.'We see'nqw, ,through a glass in a dark manner.; but then fa~e to face" (I Corinthians 13" 12). And because of this direct vision of God the blessed love God to' their utmost and are supremely happy for all eternity~ They can neither increase nor diminish this union, since their time of probation is over. They are home at last in their Father's house. ¯ However, union with God in heaven is not had by all the blessed in the same degree, for "there are many man-sions" in our~elestial abode. What determines its degree? The degree o.f our vision of God and of our capacity for love and happiness .hereafter is indirect proportion to the sanctifying grace, merit, and spiritual perfection we have acquired in this l~fe. In other words, the degree.of our union with God in heaven is measured wholly by the degree of our union with God on earth. Union with God on Earth On earth we are united to God' by sanctffging grace. 254 dul~,1945 PERFECTION IS uNIoN WITH GOD Pope Leo XIII in his encyclical on the Holy spirit explains this union as follows: No. one can express the greatness of this work of divine grace in the souls.of men. Wherefore, both in Holy Scripture and in the Gritings. of the Fathers, men are styled regenerated, new creatures, partakers of 0the Divine Nature, children of God, godlike, and similar el~ithets. Now these great blessings are justly'considered as especially belonging to the. Holy Spiri.t . . . He not only .brings to us His Divine gifts, 15ut is the Author of them and is Himself the supreme Gift . To show tile nature and e~icacy of this gift it is.wel! to recall the explanation given by thee Doctors.of the Church of the words of Holy Scripture. Tfiey say that God is.present and exists in'all thin, gs by His. power, in so far as all things are sub'ject toHis power; by His presence, inasmuch a's al! thin~s are uncovered and open to His eyes; by His essence, inasmuch as He is present to all.as the cause of their being (St. Thomas, Summa Tbeologica I, Q. 8, Art. 3). But God is' in ma.n, not just as. in lifeles~ things, but in the.furthe.r way thaf He is also known and loved by him, since even by nature we spontane-ously love, desire and seek after the good.~ Moreover, God by'grac~ resides in the justsoul.as in a temple, in a most intimateand peculiar manner. From this proceeds that union of affection by which the soul adheres cl~sely to God, mor~ so than the friend is united t6 his most lovi.ng and beloved friend,' ~nd enjoys God in all fulness and sweetness. Now this wonderful union, which is prop~ly called "indwelling," differing only in degree or state from that with which God beatifies the saints in Heaven, alt1~ougl4 it is most certainly produced by ~the presence of the whole Blessed Trin-ity--" We {vill come to him, and will make .our abode ,with him" (dohn 14: 23)--nevertheless' is attributed in .a peculiar manner to the Holy Spirit. " Habitual union with God present in the~soul in a pecul-iar way through sanctif)fing, grace is of. the very essence of spiritual perfection in this world, since without sanct.ifying. grace we are supernaturallyand spiritualIy dead. On the other hand, the more sanctifying grace is increased in our souls by the worthy r.eception of the sacraments, especially of the Holy Eucharist, and by the assiduous practice of .the 255 AUGUSTINE KI~AAS Review [or Religious virtues, principally charity, the more, intimate becomes our habitual union with God and "the greater our spiritual.per-fection. When We shall have.acquired the maximum sanc-tifying grace we are capable of, granted our particular, indi-vidual opportunities of nature and.of grace, then.we shall hard attained to the closes~ habitual union with God and tbe highest perfection. This fundamental, essential perfec-tion spiritual writers sometimes call static, perfectior~. There is still another union with God flowing almost spontaneously from the'preceding'one-active union. Ac-tive union with God is called d~cnamic perfection and is what we ordinarily mean when we speak of spiritual per-fection. It consists in union with God by mind and will activity. Union with God b~t Mind Activity Active union with God" through intellect is had by thinking of God, by acquiring more and more knowledge of Him and His divine attributes fromthe .double source of reason and supernatural faith. Such knowledge of God is highly praised in Holy Scripture: "For to know thee is perfect justicei and to know thy justice, and thy power, is'tbe root of immo~tali,ty" (Wisdom 15:3). And Saint Paul: "Furthermore I count all things to be but loss for the ' excellent knowledge of Jesus Christ my lord (Philippians 3:8) . in whom are hid all the treasures of wisdom and knowledge" (Colossians 2:3). Among the Fathers of the Church, did not Saint Augustine epitomize the whole of the spiritual life as an ever increasing knowledge of self and of God? By knowledge of God is here meant not. merely theo-retical knowledge, scientific knowledge, knowledge of God acquired chiefly by the study of philosophy and theology, book knowledge, if you will. Practical knowledge of God. 256 July, 1945 PERFECTION I$ ~JNION WITH GOD that is, knc~wledge inducing will activity, , is still more important. Let us evaluate knowl~dge of God with refer~ ence to perfection. Theoretical knowledge of God is excellent. It can be, .and frequently is, a puissant help and incentive' tospiritual perfection. However, it must be asserted that while such knowledge provides a useful soiid basis for perfection, it does not constitute our spiritual perfection, nor even.indi-care the degree of perfection we may possess. Have there ¯ not been saints, like Benedict Labre and Bernadette Soubi-rous, whose scientific theoretical knowledge of God was ¯ very meager? On the other hand, do we not sometimes see students of theology, who have a verst superior knowledg~ of God and work at it all day long; leading imperfect liveR? The fallen angels have an excellent theoretical knowledge of God, but they are the very opposite of perfect. Eminent theologians warn us that perfection "does not consist in union with God by mind activity alone, even a great deal o~ it. "Tell me, dear Father," said Brother Giles one day to the learned Saint Bonaventure, "can a simple, uneducated person love God as much as a scholar? . Yes," replied Bonaventure, "a simple, little old grandmother can love God more¯ than a master of theology." Whereupon, we are told, guileless Brottier Giles rose up, rushed out ¯ th?ough the garden and along the streets of the town crying at the top Of his voice: :"O poor, ignorant, simple old grand-mother, love Gri!! You can still overtake Brother Bona-venture." If this is true, what the little old gran.dmother probably bad was not so much a theoretical as a practical, a '~realized" knowledge of God, a knowledge leading to,the firm judgment.and deep conviction:' "I must value and 10ve God above all else." ¯UpOn this pract!cal mind activity can be built the loftiest perfection, but in itself it still is not the union with God that is equated with spiritual perfection. 257 AUGUSTINE "KLAAS Reoiew for~ Retigiou; Hence, .while we must greatly esteem knowledge of God, both theoretical ~nd practical, and strive constantly and perseveringly to incre~ise it, by meditation, .by spiritual reading, by delving deeper into the truths of faith, by ofien recalling the presence of God. by recollection, and the like, we must not remain content with only that. If we would be perfect we must pass from union with God by mere mind activity to something b~yonfl, to something still more. pre-. cious, to union witb God' by will activity,by~love. Saint Teresa of Avila says t.hat clearly when discussing union with God in her Foundations (chapter 5): "The soul's advancement, does not conist in thinking much; but in loving much." Our spiritual perfection .is measured, .therefore, not by our knowledge of God, even though it be the knowledge of strong supernatural faith, but rather by" our~active lo~¢e of Him. That is why Saint Thomas can say that "the love of those things which are above us; and especially of God, is to be preferred to the knowledge ~f them: Wherefore charity is more excellent than fafth" ¯ (Summa II-II. Q. 23, Art. 6). A'nd so the little old grand~ mother could probably never overtake the saintly Doctor of the Church by her mind activity, even hi~r practical mind activity: she could overtake him by her will, by her union with God through will acti~;ity, by her active love of God. : Union with God by Will Actiuitg Presupposing in the soul a-close union With God through sanctifying grace and a certain necessary union with Him through mind activi(y, we maintain that spir-itual perfection consists above all in union with God by will activity, that is, by active love of God. Supernal~ural faith and hope must be present in the soul, but we are per-fect in proportion as we love God more; and when we have 258 du1~,1945 PERFECTION IS UNION WITH GOD attained the maximum.activelove of God we are capable of with the assistance of grace, then we have reached the very summit of the mount of perfection. Active love is th~ norm and gauge of spiritual perfection. We are just as perfect as we are united to God by active love of Him. Such is the unanimous teaching of Catholic theologians. as for instance, Saint Thomas, who states in his Perfection of Spiritual Life that "the spiritual life consists principall~r in charity. He is simply perfect in the spiritual life who is perfect in charity."° It is' the teaching of the Fathers of the Church who agree with Saint Augustine when he informs us in. his work On Nature and Grace that "incipi-ent charity is incipient justice [justice here means holiness] ; advanced charity is advanced justice; great charity.is great justice; perfect charity is perfect justice." It is the teaching of Saint Paul (I Corinthians 13). It is the explicit teaching of Christ Himself: "Thou shalt love the Lord thy God with thy whole heart, and withlthy whole soul, and with thy whole mind. This is the greates.t and the first com-mandment. And the second-is like to th~s:.Thou shalt love thy neighbor as thyself." (Matthew 22:37-39.) And again: "Be you therefore perfect, as also your heavenly Father is perfect" (Matthew 5:48). And Saint ~John explains: ':God is charity. '" (I John 4: 16).1 Degrees of Union with God Spiritual masters have made many attempts to give us ~he ascending scale, of degrees in this unifying love of God and the characteristics that mark each degree. They are at ,variance in detail; fundamentally, however, they are in accord, for the main landings on the grand stairway leading to the highest love of God are p.retty well known and agreed upon by all. There are three suchlafidings or degrees of 1For. a fuller treatment of this point, el. Revi'eto for Reliyious, Vol. I, pp. 238 sqq. 259 ¯ ~,UGUSTINE KLAAS union with God through love. In the first the soul is so united to God and loves Him to such a degree that it habitually avoids all mortal sin and the occasions of grave sin. It has a nascent but still feeble desire for greater perfection; it still commits many venial sins, but it struggles valiantly and successfully against strong temptations. Penance for the past, purification, and mortification characterize this rather negative degree. Its prayer is mainly discursive meditation on the .fundamental truths of faith, particularly the four last things. This is the degree of beginners in the life of perfection and it is called the Purgative W.ay. in the second degree, the soul not only avoids all mor-tal sin, but habitually rejects deliberate venial sin. It makes advances in detachment from creatures and has an inc.reasing desire for perfection. The degree is more positive than negative, since the emphasis is on the acquirement of the virtues, especially by the imitation ot~ and assimilation to Christ, "the way, the truth, and the life." The prayer in this degree tends to be predominantly affective. It is the degree of those ad.vancing in perfection: it is called the" Illuminative Way. Presupposing the habitual practice of the other two, the third degree is marked by the struggle to reduce semi-deliberate venial sins and imperfections to the minimum. The soul has made great strides towards heroic detachment and is now intent on the maximum practice of the counsels and works of supererogat!on. Its manner of praying becomes more and more simple, contemplation of God's attributes being a favorite form in this degree. Intense charity permeates all its activity, since it now lives for God alone. This is the Unitive W.ay. Of course, these degrees cannot be rigidly delimited. Nor does .the soul. leave one degree and proceed to the next 260 July, 1945 PERFECTION IS UNION WITH GOD mechanically: it may. be and generally.is ~to some extent in all degrees at once. For example, in.order.to keep onese!f babitually from mortal sin, does one not have to observe a certain number of.the counsels? ~.Is the soul in the third degree exempt from doing penance? The Whole matter is one 0f emphasis, and according to the predominance of the va.rious.qualities noted above, a soul.can be easily placed in one of the tb?ee degrees. Moreover, tb~ third degree admits of indefinite progress, since we can neverlove God as much as He can be loved, and hence; our unions with Him can ,ever become more., intimat~ ag long as we live on this earth. Perf.ect and Imperfect. Love of God From the restricted viewpoi.nt of, nobility of moti~ce .two kinds Of active love of God may be distinguished. can love God above all else because He is good to us. Such is the love of God .indicated by the Psalmist when .be exclaims: "For thee my flesh and my heart hath fainted away" thou art the God of-my b.eart, and the God that is my portion forever" (Psalms 72:26). And again: ."I will ¯ love thee, O Lord,my strength.: the Lord, is-my firmament, my.refu'ge, and ~my deliverer . " .(Psalms 1'7:2). Our Lord appeals to thismotive when He proposes "treasure. in bea'Oen. '~ tbe"bundredfold," and "life e.verlasting." Because of the less perfect nature of the motive this love of God, called "imperfect love" or "i.nterested love" of God. it is already a great deal and should by no means be contemned or slighted, but there is a higher love of God springing from a nobler motive: "perfect. love," or as it is sometimes called "disinterested love", of God. "Perfect love" of God is had when We love Him above all else not so much for the good He so generously bestows on us, but for Himself, because He is all-good in Himself. , This "perfect love" is known as the love of benevolence and 261 AUGUSTINE KL&AS Revietv /:or Religio~s friendship. In its exercise we prescind from our own inter-ests or at least subordinate them to Him, since we love God simply for Himself,, and not for our own advantage. "Fhis highest of motives makes this the highest type of love of .God. In it we take complacent delight in God and in His perfections; we ardent!y desire to glorify Him; we actively give glory to Him by conforming our will as much as pos-sible in all. things to His: we .bring others to glorify Him. And all tl~is simply because God is God,.because God is all-good and all-lovable in Himself. The love Of benevolence affd friendship: is perfected extensively when we embrace by our lov~ more of the per-fections of God and more of His creatures; it: is perfected intensivelty when we make the acts of love more vehemently and more constantly until we develop a solid habit of the perfect love of God. W'hen the love reaches the maximum we are capable of then we are simply perfect. M~/stic Union with God Finally, there is still another union with God for which the union by rhind and will activity is an indispensable preparation. It is mystic union, a special gift of God's grace to His favored friends. Mystic unidn with God, an earthly union which approaches that of theblessed in heaven, is not necessary for spiritual perfection, but it is a potent means to it because it results insublime and intense acts of the perfect love of God. The precious gift of mystic union generally presupposes in him who receives it an advanced degree of union with God by active love, espe-cially perfect love. Conclusion To conclude by way of.summary: spiritual perfection is union with. God. It is union with God by a maximum 262 July/, 1945 ' PERFECTION IS UNION WITH GOD of sanctifying grace, called static perfection. It is unio.,n., with God. by a certain am.ount of necessary supernatura'[ mind activity, theoretical and practical. It is union with God by a maximum of supernatural will activity, a maxi-mum of the perfect love of God, called dynamic perfecti.on. This earthly union with God .whkh is our perfecti6n merits for us and is the measure~of our Union with God in "heaven, our ultimate, inamissible perfection. All our union with God, both in heaven and on earth, all.our spiritual perfection, we owe to the hyp0static union with God had in Jesus Christ, since He as God-man merited them fbr us by His life, passion and death. Moreover, He is the peerless Model of all spiritual perfection and union with God. PAMPHLET NOTICES It seems that religious institutes in increasing numbers are issuing pamphlets and other material to attract aspirants to their ranks. This is as it should be. One such pamphlet comes from South Africa and bears the title, Priestly/ and Religious Voca-tion. After giving a brief account of the m. issionary activity of the Oblates of Mary Immaculate, the author, Father T. F. Kelly, O.M.I., describes the nature and signs of vocation both in relation to the priesthood and to the religious life. He con-cludes with an earnest plea to the generous young people of South Africa to heed' the call of Christ. The pamphlet may be.obtained from the Oblate Novitiate, 44 Park-hill Road, Glebe, Germistou, Transvaal, South Africa. With the same purpose in mind the Sisters of Loretto, Lor~tto M0therho~se, Ner~inx. P.O., Kentucky, have issued a folder entitled "Congratulations Pegg~It."' Written in the form of a letter to a young woman about to enter the novitiate it gives us a brief account of the founding, the history, and the ~vork of the Lorettines in the Uuited States and in China. Some good photogral~hs depicting houses and activities of the congregation greatly increase the value of the folder. Father Albert H. Dolan, O.Carm., the zealous promoter of devotion to St. Therese of Lisieux, has issued a pamphlet, St. Therese, Patroness of the Mis-sions. In 16 pages he sets forth the reasons why SL Therese was chosen as Patron-ess of the Missions and urges her devout clients to follow her example of prayer and unfemittipg sacrifice for the missions. The pamphlet may be obtained from The Carmelite Press, 6413 Dante Avenue, Chicago, Illinois, or 55 Demarest Avenue; Engie~ood, N.J. Piice: ten cents. 263 Our,.Lady's Parents Francis L. Filas, S.3. MUCofH thaes p waree Wntso.u lodf l iOkue rt o,L'kandoyw, w thee c aacnt"u afli nlidf en-osttohriyng directl'y concerning them in the Gospels. However~ Holy Scripture gives us some information in stating that Christ was promised to Abraham and to 3acob, ~nd that He came out of the tribe of 3uda.1 This means that 3esus was a son of David and a son of Abraham, not only legally ~hrough St. 3oseph but also naturally through the Blessed Virgin, and therefore through her parents, 3oachim and /~nne. Various Scripture scholars have proposed a rather ingenious theory tO show that Luke set forth the genealogy of Mary rather than of 3oseph when he.wrote, "And 3esus Hi.resell, when He began His work, was about thirty years . of age, beingmas was supposed--the son of 3osdph, the son of Heli . : . the son of David . . the son of Adam. who was the son of God" (3:23). According to this the-ory the text is phrased differently so as to read, "3esus. being--as was suppbsed the son of 3oseph--the sori of Hell," and so,forth. Thus the person of Heli is identified with the person of 3oachim. Even further, the two names are said~ to be the same, for "Hell" ~Eli) is taken as a shortened form of "Eliachim." Both "Eliachim'~ and "3oachim" are interchangeable, meaning in Hebrew, "God sets up." Unfortunately, so charming a .theory is far from being accepted by all Scripture scholars. From earliest times the ¯ genealogies of Matthew and Luke have usually been inter- XGenesis 18,22, 28; Luke 1:32; Romans'l :3; 2 Timothy 2:8; Hebrews 8. 264 OUR LADY'S PARENi'S preted as giving the 1,egaI ancestry of Our Lord through St. Joseph and not through Mary. This has been the gen-eral tenor of opinion even thoug,19 no one theory fits per-fectly in further explaining th~ problems connected with the two varying accounts. Because of this silence ofthe Gospels we must turn to the only other possible sources of information concerning Mary's parents: the Iegends of Joachim and Anne. The Legends of Joachim and Anne At first sigh~ it might)seem a worthless task to have recourse to a legend to seek data about historic personages. Yet in the case of Joachim and Anne nothing else exists. We must at least consider what' was said about them, even if we cannot a~cept it all as true. The earliest account in which they are mentioned.-is Called the Protoeoange! of James, a work pretending to be a history of the birth of Mary and of the early events in tl~e life of Jesus. 'Having originated about 150 A, D., it is 0nly a hundred years younger than the Gospels and thus enjoys a reputation of antiquity. .- In common with other apocryphal literature ,of its type the Protoeoanget of James was apparently based on snatches of true tradition--a sort.of 'pious gossip---con-cerning Christ and those who were near to Him. Some~ thing like our modern historical novel, the Protoevanget wa~ meant to fill in with plausible details the gaps where the curiosity of the faithful was left unsatisfied by the four Gospels of Matthew, Mark, Luke~ and John. But unlike "these Gospels the Apocryphal tradition was of purely human origin. It was neither divinely inspired when com-posed nor providentially kept pure when transmitted. Accordingly, as it was.repeated again and again in word and writing, it accumulated more and more exaggerations, 265 FRANCIS L. FILAS R6biew for Religious and additions, so that at the present day we have no way of determining what is genuine and what is spurious in ~its content. The Chur~ch never accepted this imitation of the true Gospels, but early branded it as apocryphal'(as, for example, in .the Decree' of Pope Gelasius in 495). The majority of early Fa,thers of the Church, as well as later ecclesiastical writers, likewise recognized it as counterfeiL None the less, popular authors in the Middle Ages and afterward borrowed .extensively from .the legendary, source in order to stimulate the great ~levotion of the Ages of Faith. In all this spurious devotional literature the ques-tion of lying or passing on a lie was seemingly not attended to; rather, generous hearts uncritically sought and eagerly accepted every means to gain mbre knowledge, of the lives of desus and His saints. Two enlargements were made of the legend of ,loachiin and Anne as it appeared in the Pt'ptoevar~gd of da~es: namely, the Gospel of Pseado-Matthev~ (about 450 A. D.) and the Gospel of the Nativity/ [~f Mat'V (exact date unknown). As is evident, there is more likelihood of truth in the original, the P, rotoevar~get, than in any of its suc-ceeding variations. This is the substance of the original account: Joadhim is a rich and generous shepherd. He and his Wife Anne are deepl.y grieved because they have no chil-. dren. V~rhile Anne is lamenting tl6e curse of her sterility, an angel appears tO her with the Words, "The Lord hath heard thor prayer, and thou shalt conceive, and shalt bring forth; and thy seed shall be spoken of in all the world." At the same tim~ a similar vision is granted Joach~m ~hile tending his flocks~ In gratitude to God, Anne promises to consecrate.he~ child to the divine service in the Temple. Upon the birth'of the child, who receives the name of 266 dulg, 1945 OUR LADY'S PARENTS l~ary, the happy mother breaks out into a canticle of thanksgiving. Later, when she is three years old, Mary is .brought to the,Temple and joyfully remains there to praise and serve God. Such is the g!st of the early chapters of the Proto-evangel of James. In the Gospel of Pseudo-Matthew :the story is given more imagingtive coloring: Joachim's gen-erosity is described at greater length. He distributes his riches to the poor and to those "who' worshipped God"' before taking ashare for himself. At 15 he is already a wealthy shepherd" and at 20 be marries Anne, "the daughter of Acbar, of his own tribe, that is,. of the tribe of 'Juda of the family of David." The couple's childlessness lasts for twenty years, after which the angels appear to Anne and Joachim. The rest of this tale merely develops the story of the Protoevangel, adding more details, greatek emphasis, and .particularly more frequent miraculous inter-ventions. The third and final form of the legend is contained in the Gospel of the Nativitg of Maw, a charming though unhistorical con~pilation of the preceding tradition. This Gospel does not'add substantially to the tale of th~ Proto-evangel, but rather edits it.so that the poetical beauty of the narrative is heightened and made more sublime. ~What Is True of Joachim and Anne? The task of separating the true' from the false in the old Apocryphal legends is most difficult, if not impossible. Yet, though we have no historical norms by which to judge, we can at least, attempt to determine what is definitely interpo!ated and what can perhaps be a vestige of the orig-inal correct tradition. ' In the first place, the special i'niracles of the angelic appa-ritions are quite doubtful. Such momentous divine inter- 267 FRANCIS L. FILAS Review for Religiods ventions in the lives of the parents of Mary would certainly have &awn so muchattention should we say notoriety? .-=to the Blessed Virgin that the obscurity which a-ccom-panied her life with doseph and desus would have given way to constant public notice. Moreoyer,- the Proto-evangel of dames, like all the Apocrypha, has a'very explicit tendency to scatter miracles with a bountiful hand through-out its narrative. Perhaps the most cogent reason for denying credibility to the miracles of the,Protoeoar~gel is the evident modeling of these prodigies on genuine miracles related in Holy Scripture. All the writers of Apocryphal legends are eager to have their accounts placed on a par with the canonical Gospels. They not only copy typical Gospel stories, but even plagiarize directly from th~ inspired text. In thecase ofdoachim his forty days" fast as a prayer. to obtain a child is based on the fasts of Moses, Elias, and Christ.~ Even more striking is the parallel between Anne~s prayer to (3od and theprayer of ,~dnna, mother of Samuel, that the Lord "would give to His servant a man-child.''3 Again, the canticle of thanksgiving of Anne, wife of 3oa-" chim, .is suspiciously similar to.the canticle of her earlier namesake and, .to some extent, to the Mayrffficat of the Blessed Virgin.4 In contrast to the few imi~ortant details given by the Gospels, the legends go to great lengths to set forth trivi-alities. -That is why the familiar details concerning Joa-chim's prosperity must also be re]ected. They constitute precisely the information which the Apocrypha were invented to supply. o The least~doubtful of all the data in the legend is the correctness o.f. the names Joachim and Anne. It seems UExodus 24:18, 34:28; .3 Kings 19:8; Matthew. 4:2. al Kings 1:9,18. 41 Kings 2: Luke 1:46-55. 268 dulq, 1945 'OuR'LADY'S PARENTS likely that,the name "Anne'~ (Anna: Hannah) reminded the early writer of Hannah, mother of Samuel, and thus led him to introduce the direct divine announcement of the forthcoming birth Of M~ry, modeled on that of the annouficement of the birth of Samuel. On the other hand, "Elcana," the name of the father Of Samuel has no resem-blance to "Joachim," the name of the father of Mary. Neither the names nor the circumstances related of Joachim and Elcana are similar. Finally, we must not forget that in all Christian centuries "Joachim" and ".Anne" were accepted as the names of the parents of Mary even while.the other details of their legend were discarded by the majority of Church scholars. While we .can prudently, doubt the authenticity of the legends of 3oachim and Anne, we know with absolute cer-tainty that God gave them every grace needed for their posi-tion as father and fiaother of the Mother Of God: The all-perfect and sinless Mary could hardly be born of any but the most saintly parents. In granting Joachim and Anne the title of saints, the Church has acted wisely and con-si~ te.ntly. The devotion v~hieh it sanctioned does not strand or fall with the correctness or falsity of the iegends. Rather, it represents the honor that is logically paid to the two per-sons ;¢¢hom the Eternal Father chose to bring forth the Mother of God. Just as J~sus sancti~fied Mary and Jose.ph by.His close relations with them, so must Mary .have sanc-tiffed h~r father and mother by her intimacy with ~hem in the years durir~g whi(h God was preparing her for her career as mother of the Savior and as the mother of all redeemed mankind. , The words of St. Peter Damian best express the atti-tude we ought to cultivate with regard to the details of the lives of Mary's parents. "There are s~ome," he writes, "who ¯ w~shing to know what is useless, seek with vain and exces- , 269 ¯ FRANCIS L. FILAS sire curiosity to find who was the father and who ¯ mother of Mary. They seek. to discover in vain¯What the Evar~gelist deemed it superfluous to ~elate. Had this knowledge been necessary, so noble a historiafi would not have neglected to give it to us, inasmuch as it is the constant practice of the sacred writers never to say .what can injure and never to omit what it is useful for us to know.''" If the greatness of the Blessed Virgin stemmed from. ,Joachim and Anne, the Gospels would have described them fully to us. But the case is actuallythe opposite. Mary is the light in whose reflected glory her parents shine. That is sufficient for Our interest. With absolute assurance we know the greatness of Mary from the revealed word of God. This fact again is more than enough to deduce the greatness of her parents. Our piety and devotion do not rest on an old tradition which cannot be authenticated and might one day be proved false in its'entirety. They are based on the truth demonstrated again and again during nine'teen cen-turies of Christian history--nearer to Ma~y means nearer to God. OUR CONTRI.BUTORS AUGUSTINE KLAAS, Professor of Sacramental Theology at St. Mary's College, is the author of several previous articles on the nature of perfection. (~. AUGUSTINE ELLARD and GERALD KELLY are members of our Editorial Board and Professors of Ascetical Theology and Moral Theology respectively. WALTER J. ONG is a stu-dent of theology at St. Mary's. FRANCIS L, FILAS, who has recently been ordained to the priesthood at West Baden College, West Baden Springs, Indiana. has con-tributed several articles to earlier i~sues of the REVIEW. ~Hom. 3 in Natio. B.V,M. .270 ( ues ions and Answers 35 Many sacristans would be grateful ~o you if you would publish these qu6stions and the answers to them in Review for Religious: (I) Must blessed ashes left over Trom Ash Wedn~e~day be put into the sacrarlumT. (2) Please llst all things that should be put into the sacrarlum. 1 ) Yes, it.ls proper to put the blessed ashes into the sacrarium, or else to throw them into the fire. (2) We cannot guarantee to give a list of all the thifigs that should be put into the sacrarium. Here are some of them: used baptismal water, other .blessed water, the.contents of the ablution cup kept near the tabernacle, the water used in washing the altar linens (palls, purificators, and corporals), and the water left in the taoabo dish after Mass. Please outlln~ the respective jurisdiction of the mother general and the local superior in a motherhouse in .which there is alsoa novitiate. What authority should each exercise with regard to (I) Sisters residing habitually in the house, (2). Sisters visiting the motherhouse, (3} occasional, events.~ The mother general goverias the institute as a whole; the local superior governs the local community just as any .other local superior does. Hence the Sisters residing habitually in the house, as well as Sisters visiting the motherhouse, are subject to the local Superior as they would be in any other community. As to occasional events, these have reference either to the local community or to the institute as a whole. In the first case they are under the direction of the local superior, in the second case under that of the mother ~eneral. The novitiate i~ directly under the care and supervision of the mistress of ndvices. Canon 561, § 1 clearly indicates this: "The master (mistress) of novices alone has the right and the obligation of providing for.the formation of the nbvices; he alone is charge.d with the direction of the novitiate, so that no one, under whatever pretext, may interfere in these matters, except 'superiors who are permitted to do so by the constitutions and the canonical visitors; as to the gen-eral discipline of the house, the master (mistress),. together v~ith.the novices themselves, is subject to the (local) superior." 271 QUESTIONS AND ANSWERS Review for Religious In two of our cqnvents there has been a bng-standlng custom of taking the body of a deceasi~d Sister to the communlty.chapel on the afternoon before the day of the funeral. I recall either hearing or reading that only the body of a deceased bishop, priest, etc., may be left in the church or chapel befor~ the burial Mass. What is the affltude of the Church on this point? Has canon law any provisions regarding.this maffer? There seems to be no positive, legislation either prohibiting or permitting the body of a deceased person to be brought to .the church or' chapel the day before the funeral and to remain there overnight. o Hence it would seem to be determined by local custom. In places where such a custom has been observed for a long time it may be con-tinued, but it .should not be introduced in other pkices without first consulting the local ordinary. 38 Some years ago we opened a mission house in a diocese distinct from that in which our motherhouse is located. We obtained permission from both bishops to do so. We now wish to close this house, because of serious difficulties. Is it necessary to informboth bishops of our intention to dis-continue our services in that particular parish? The closing, of a religious house is provided for in canon 498 which reads as follows: "No religious housel whether formal or not, belonging to an exbmpt institute, can be suppressed without apostolic authority; a house belonging to a non-exempt congregation approved or commended by the Holy See can be suppressed by the.supbrior gen-eral with the consent of the local ordinary; if it belongs to a diocesan congregation, it can be suppressed by "the mere authority .of the local ordin.ary after consultation with the superior of the congregation, subject however to the prescription of canon 493 if there be questio,n of an only house, and preserving the right of recourse with suspensive ~ effect to the Apostolic See." "' .Hence we must distinguish three cas~s: (1) The house belongs to an exemp.t institute, that is, to an order (which is exempt by law) or to a congregation which enjoys:a special privilege of exemption. In this case the permission of the Holy See must be obtained in order" to close the house. (2) The house .belongs to a congregation approved or commended (decree of praise) by the Holy See. In this case the superior general can close the house with the comenr .of the local ordin.ary, that is, the bishop of the.diocese in which, the house to 272 QUESTIONS AND ANSWERS be closed is located. If' the bishop does not igiv.e his consent, the house cannot b~ closed by the su15erior general, o But the perrnissibn of the bishop of the diocese in which the motherhouse is located is not required to close a house in another diocese. (3) The house belongs to a diocesan congregation. The local ordinary alone can close it after consultation with the superior general of the congregation. The superior 'general cannot close the house: odly the bishop can do so. He must consult the superior general, but he does not need the consent o~ the latter. However, if the superior general thinks the house should not be closed, he may appeal to the Holy See against the decree of the bishop. Until the Holy See decides the case the decree remains sus-pended. ~ ~ m39~ On page 306 of the September, 1944, issue of t.he Review, you have an' article on rosaries made of string. We are eager to learn if anyone use these rosaries and gain the indulgences, or is their use restricted to those who are in the armed forc'es? May~ the rosary indulgences be gained by using the rosary plaques which have a kind of notched bead effect forming a decade around the plaque? These have been advertised in some Catholic reviews. ~ From the fact that this extraordinary privilege of blessing rosaries made of string was granted only to chaplains of the British and Allied Forces for the duration of the war, provided they already enjoyed the privilege of blessing and,indulgencing rosaries, it wo.uld seem to follow that the use of such.rosaries is confined to members of the armed forces. It is very doubtful whether others may use them and gain the indulgences ;ittached. In order that it may be blessed and enriched with indulgences,'a ¯ rosary must be made in the form prescribed.by the Church, that is, it must consist of five, ten, or fifteen, decades. The Sacred Congrega-tion of Indulgences explicitly declared on January 20, 1836, that gold or silver rings upon which ten beads had been embossed could not be blessed with the indulgences of the rosary. Such devices as ¯ rings and plaques may be a help for counting Parers and Ayes, but one would not gain the indulgences attached to the recitation of the beads by using them Is a religious institute justified in refusing perpetual vows to a religious who from the first year of her temporai'y profession began' fo manifest' .273 QUESTIbNS AND ANSWERS Review [or Religioug sym.ptoms of a psychosis (dementia praecox h/pc)?' The doctor s!ncerely believes that the cause and perhaps some minor symptoms may have been present heft;re her first'profession (unknown to the relkjious herself). The doctor also recommends that the individual return to the world because she will have a better chance of maklncj' a normal adjustment outside the environs of the cloister. The answer to this case is contained in canon 637: '"Those who have ,made profession of temporary vows may, when the term of the vows has expired, freely leave the institute: likewi'se, the institute, for just and reasonable motives, cab excltid~ the rehglous from renewin~ the temporary vows o_r~from~,making profession of perpetual~vows, nbt however because-bf ili health unless it be clearly proved that the religious, before profession, had fraudulently hidden or dissimulated the.illness." The institute, therefore; may not refuse perpet.ual vows to the religious in question if she did not fraudulently conceal her illness. The religious, however, is free to leave at~th.e expiration of her tem-porary vows, and a dispensation would readily be g'ranted by the proper a.uthority before the temporary vows have expired. It would be advisable, therefore, to have the doctor inform the Sister frankly of her condition and of the prospect of recovery outside the cloister, and to have him suggest to her that she should ask for a dispensation from her temporary vows, or at least leave of her own accord at the expiration of her temporary vows. If the Sister insists on staying, however, the institute may not send h~r away but must allow her to take perpetual vows if she is mdnt~lly capable of doing so. With reference to those who may be incapable of pronouncing final vows, it may be useful to introduce here two answers regarding the treatment and status of a religious who loses his mind during the period of tempbrary vows. The answers were given by the Sacred Congregation of Religious on Februars; 5, 1925, with the approval of His Holiness, Pius XI. "Whether one who is professed of the simple vows in an order or congregation, and who during the three years loses his mind, even incurably according, to the judgment of physicians, can at the end of three years be sent ,back to his relatives or into the world, or whether he must be kept in the religious institute?" The answer given: "In the negative'to the first part; in the af~rmative to the. second." To the further question: "What is the juridical condition of such 274 1945 QUESTIONS AND ANSWERS a religious, and what are the obligations of the religious institute in the matter?" the reply was: "The' religious in question belongs to the religious institute in the state in which he was when he lost his mind. and the institute has th~ same obligations towards him that it,had at that time." ~41-- A certain mother superior of a concjreoafio~ in which temporary vows are taken for a year at a time for three: years preparatory to perpetual profess!on availed herself of the permission granted by canon 577, § 2 to "anticipate the renewal of temporary vows by one month. Thus, suppose the Sisters who made their first temporary profession on August IS, 1942, were permiHed to renew their vows for a year on July IS, 1943, and again on June IS, 1944, and final!y were'allowed to take their perpetual vows on June 15, 1945. Would such perpetual vows be valid? No, the perpetual vows .would not be valid because canon 572 requires that a period of three years x~ith temporary vows precede the profession of perpetual vows in order that it "may be valid. The Sis-ters in question had temporary" vows for only two years and ten months. Hence their perpetual vows were invalid. The mother superior misunderstood the permission granted in canon 577. This allows the renewal of temp,orary vows to be antici-pated ¯ by some days but not beyond one month. It does not take away any of the time required for temporary vows. When the Sis-ters took their first vows for a year, that year expired on the same recurring day one year later, August I15, 1943. Hence the vows which were renewed for another year on duly 15, "1943 did not begin to bind until'August 15, 1943, and did not ,expire until August 15, 1944. That this is the only meaning which canon 577 can have becomes evident if we read canon 34, § '3, 5° which tells us how time is to be computed in this case: "When there is question of acts to be renewed at stated times, for instance, a period of three years after temporary profession up to perpetual prof,ession, the'~ime ends on the same recurring day on which it began, but th~ new act may be placed. at any time on ~bat day." Hence perpettial profession may not be made until the same calendar day three years.after the first tempora(y profession ~was made. As w~ have seen above, this complete period of three .years is require.d bE canon 572 for the validit~l of the perpetual. professio.n. 275 QUESTIONS AND ANSWERS --42-- Wh~t ;s the ob~J;ga~fion of the local superior wlth regard to conferences to be given to the community from time to time? How often should they be given? Must they be 9;yen by a priest? What is to be done if no priest ;s available? Canon 509 prescribes that "the local superiors shall take care . . . to have given at least twice a month . especially in lay institutes, a pious exhortation to all the members of the house." This exhortation is something.different from the catechetical instruction pre.scribed by the same canon for lay Brothers ahd l~ay Sisters (that separate class of religious devoted-to domestic duties), The purpose of the exhorta-tion is not principally to instruct but to renew the religious spirit and to urge the members of the commu.nity to even greater efforts in the observance of religious discipline and in the acquirement of religious virtues. These exhortations should be given to the community twice a month. Several eminent authors are of the opinion that they need not be given during the summer vacation. The law says that Superiors shall take care. This is a milder form of precept than the ordinary must se'e to it. It requires serious diligence on the part of the superior to have these exhortations given tO the community twice a month. If after diligent care has been exerted' the exhortation, cannot be had, the law is not violated.~ The exhortation may be given by the superior himself or by some other religious of the community tirovided he is capable. In !ay con-gregations an effort should be made to have a priest give these exhor-tations, at least from time t6 time. In case a, priest Or a capable reli-gious cannot be had to give these exhortations, it is recommended that a conference be read in place of the exhortation. Within kecent ¯ years excellent conferences written especially for religious have been published by Fatherg Skelly, Muntsch, Gabriels, and others. They will serve as a substitute for the exhortation as far as subject matter is concerned. This substitute, however, cannot be strictly imposed, since a pious reading is not the juridical substitute for an exhortation. However, in practice, when nothing better can be had, such pious reading of a conference dealing with a subject relating directly to the religious life will.he.lp to attain the puypose of the law, namely, to stir up the religious spirit' and to renew religious observance. 276 ommunicatdons Aga~ns~ "Formalism" " Reverend Fathers: In your last issue a Priest Religious objected to a pointa Sister brought upin the question, "Is there not too much formalism in our life?" The Sister had a point that should make all superiors examine their own governing of their communities. Is adherence to any com-munity rule more important than charity to the laity? 'But that is only by the way. I'd like to answer in my own humble way some of the arguments he proposes in' answer to her question. He begins by saying that we religious are professional people and can't be expected to be on call twenty-four hours a day. Well, if we are professional people, what is our profession? Unless" the religious is in a cdntemplative order, i~n'.t it the saving of souls by persor/al dealings with them? Helping souls to heaven by teaching, preaching, administering the sacra'merits, leading souls closer to Christ by our own'example, especially charity--not only in spiritdal mat-ters but in mundane matters as ~well? We should thank God that the people trust us enough to come to us with their e~rery day troubles, andif these .things make ours a twenty-four-hou,r-a-day job, then that's what it should be. It will be a sorry day for us if they ever do lose this trust in us, and we are not helpingmatters by refusing to even see them. It would be pretty difficult to imagine Christ or the Bles-sed Virgin setting up office hours for those who wanted to talk to them. The story of Christ and the little children gives us some idea of what He would d6. The Priest Religious then goes on to say tha't religious orders would be wrecked over night if their members were at the mercy of every whim and caprice of undisciplined souls that want us to be serv-ants of the pe~ople whenever their impulse suggests. From what I understand of religious life, we're supposed to be servants of the people even when their impulse doesn't suggest it. And as to-the first part, if any order can be wrecked because people want advice, comfort, or even a "hand-out," from the individual members of.the order, it would probably be" for the" good of the Church if it were wrecked. 277 COMMUNICATIONS Reoiew for Rel!yiot~s I know of no such order; but if any exists, its foundations are cer-tainly very shallow--its members are not. at all Christ-like, and they don't give the correct picture of the "Love thy neighbor" policy that Christ preached and that they should practice. The Priest Religious' then goes on to say, "any priest or religious who i~ at the continual call of unreasonable people . endangers his health." That sou,nds as if the average priest or religious has a line of unreasonable people waiting to see him or her all day long. .I've worked' in a large city parish and no one of the five priests there, no matter how popular, ever had more than four different parties waiting for him. It might take him a couple of ho.urs to see them all, but isn't that our job? Not only God, but even the laity expect us to do more than say Mass, hear confessions, run sick calls, teach in the school, and conduct a couple of sodalities. Then too, the average caller at a rectory or convert( is not unreasonable. Certainly., there are.so.me. and we can't expect to be immune. But bnly one out of ten could be called truly unreasonable. The rest of the time isn't the priest or Sister the unreasonable one when he or she objects that the parlor call is taking them from something else? His letter then goes oh to say, "One means of taking care of this situation is to have an intelligent doorkeeper who can "judge when there is a real need." Heaven help us! Why not tell the house-kegper to call us only for sick calls. People usually come to see a priest, not a housekeeper. I've only been ordained nine years, but even I.can see t~e'spirit of anti-clericalism that is growing even among our own people. Much of this is our own fault." Too often we see or hear of a priest or religious who i~ so high-handed that he makes himself inaccessible to the people. That isn't exactly what Christ had in mind when He called us .to be "fishers of men." No, I'm afraid I can't agree with this Pries~ Religious. If we have people storming the doors of our rectories because they want to see the priest, good for us!! True, our health may be endangered by this overwork, but what greater way to become ill tha~by serving the people, reasonable or unreasonable, as Christ would waht us to? In conclusion, to the Sister wl~o asked, "Is there not too much formalism in our life?" I'd like to say, "There certainlyis, Sister, and not nearly enough charity." A Diocesan Priest 278 Jul[t, "19 4 ~ COMMUNICATIONS Delayed Vocations Reverend Fathers: I remember a few years ago a Catholic weekly began to tun a page ~ for the men in~ the.service. Soon the women in the service com-plained that nothing was done for them. Perhaps they will make the same complaint When they realize that' something big is beihg done for the men to keep alive the grace of a vocation to the religious and (or) priestly life, or to enkindle such a vocation. No doubt there are women in the service whom Christ will favor with the call to serve Him as Sisters; women Whom He will want tO continue their marvellous work of caring for the ~eedy and the sick and of educating children, but not without consecrating their lives to ¯ Him in religion as His Spous,.es. These women will bare bad training in rather rigid discipline: they will have learned that it is possible to live contentedly in a uniform that is not made of silks and satins; they will know what it mean~ to make sacrifices for others. It would certainly' be of great heip for them to follow the inspi-rations ot: grace if they would receive positive encouragement from the Sisterhoods, if they .knew they are really wanted. Sisterhoods that are interested in such vocations should let the women know that they are willing to accept them. My attention was called to the Little Flower Mission Circle, Inc. (321.E. 156tb St., New York 55, N. Y.) for the promotion of vocations to all religious communities. It publishe.s a quarterl3~ chlled Come, Folloto Me. Perhaps this could serve the purpose. Or, a bulletin similar to lntroibo could be printed. Centers might be designated where such candidates could meet, either in a schoolc or in the parish hall, or perhaps even in the convent parlor. Tber~ they could come in direct contact with the Sisters. It seems that' such a venture would be most pleasing to Christ and quite profitable to religious communities and to the Church. Religious Priest [EDITORS' NOTE: Upon "receipt of the preceding communication we wrote to the Editor of lmroibo and asked him to tell us something about this publication. We received the following answer--with permission to publish it if we wished.] Reverend Fathers: lntroibo is a mimeographed bulletin that has had three issues since 279 COMMUNICATIONS . Review [or Religlous January and will have five mbre each~year? It is sent to any service-man who writes to Introibo, 19 Eye St., N.W., Washington 1, D.C. It is meant for servicemen who plan to be diocesan priests, religious priests, or Brothers. It makes no difference.what diocese the men will belong t%,or what religious institute they intend to join. The bu
Issue 3.3 of the Review for Religious, 1944. ; MAY 15, 19,44 ~Voi~UME,.III Ri VI, I W' FOR :i I LIGIO,,US .VoLuMEIII :" MAY 15, 1944 ~ NUMBER3 ° ONTENTS GOOD CONFESSIONS AND BETTI~R CONFESSIONS--r ~ 'Gerald Kelly, S.J.' ; . 145 THE-QUEgTION OF VOTING Edwin F. Healy, SIJ . 158 CONCERNING BOOKLETS . . . . . THE CARE OF SICK RELIGIOUS Adam C. Ellis. S.3 . " 1"67 WE SALUTE THEE. MARY'. MOTHER OF GODT William B. Fah~rty, S.3. " ' .,'175 WHO IS THIS RODRIGUEZ? Augustin~e Klaas, S.J. " " 181~ ,TWO HYMNS TO ~MARY" -F~ran¢is N. Korth.-S.J . . 1.92 COMMUNICATIONS .(On Retreats and Vocations) . : 198 BOOK REVIEWS~ (Edited by Clement DeMuth S.3.)-- The Man"from Rocca Sicca: Subdeaconship~ Masyk.noll Mission Let~ .tars: Cardinal Mercier's Conferences: Venerable Vincent Pallotti: "Con- " , ,else Catholic' Dictionary: Lourdes Interpreted by the Salve-Re~ina; Teaching Confraternity Classes: Publlc,Speaking . ! . . ~ ¯ . 204 DECISIONS OF THE HOLY SEE OF INTEREST TO" RELIGIOU~ ~210~ BOOKS -RECEIVED . 2110 QUESTIONS AND ANSWERS 2-1. Redecorating Stations of the Cross . x . '.;. ~ . . . : 212 22. Visit Required for Gfiining Indulgence . 23. Use of Standard Time for Eucharistic Fast . 213 "L24. Voting in Chapter Elections . 214' ' 25. ,Co~frat~rnity of Pil~rim~ " " 2"15 26. Religious Attending Motion Pictures ~. . . : . ". 215 bUR CONTRIBUTORS " ' " . '. ' REVIEW FOR RELIGIOUS, May, 1944: Vol. III, No. 3. PubliShed bbmon~hly: January. March, May, July, September; and November at the,~College, Press. _606 Harrison~Street, Topeka, .Kansas, by St. Mary's College, St. MarTs, Kansas, with' ecclesiastical approbation. E~tered as second class matter January 15, q9~2, at the Post Office, Topeka, Kansas, under'the act of March 3, 1879. Editorial Board: Adam C. Ellis, S.J., G. Augustine~,Ellard, S.J., ~erald Kellyl S~.3,.~ Copyright, 1944, by Adam C. Ellis. Permission is hereby granted for quotations .6f reasonable length, provided due ~:redit be given this review and the author. Subscription price: 2 dollars a year. Printed in U. S.A Before writing to us, please consult notice on ins;de back cover. ood Con essions and Bet: :er Cont:essions Gerald Kelly, S.J. ~'~ELIGIOUS not infrequently exp.eo~ience a vague sense |'r~ of dissatisfaction with their conKssions. They must confess .weekly, generally at a certain time, even though they are not in the mood. At times they must make a rather hasty immediate preparation for confession. Their sins are usually "small sins"; in fact, it is often difficult to fodus on any really, definite sins to confess.A certdin 0 amount of routine seems unavoidable; yet routine confes-sions are strongly condemned by many spiritual writers. Finally, most religious have read or heard of the many advantages of frequent devotional confession, and the~. want to reap some of these fruits ~:or themselves. Yet, despite their holy desires, they sometimes fail to see any good effects of their confessions; they are even inclined to wonder if their confessions are not entirely fruitless. Very likely there is no absolute remedy for a sense of dissatisfaction in those who are striving for perfection. Some dissatisfaction is natural, even helpful. But this holy sense of dissatisfaction is different from discourag.ement, worry, or a vague feeling of uneasiness. As much as pos-sible, the dissatisfaction should be clearly defined, because only then can it be used constructively as a stepping stone to the attainment .of one's ideals. My purpose in the present article is to propose a few rules that may help religious to clafif.y any dissatisfaction they may feel with their confessions ~nd to give some defi-nite direction to their efforts for self-improvement. The" rules enunciate nothing new. No doubt most religious- 145 GERALD KELLY ,. Review for Religious know them well; yet I believe that some fail to apply them and that the results of not applying them .are a waste of effort, a lack Of perfect peace of mind, and sometimes dis-couragement. If all religious, from the novitiate onward, would observe these rules faithfully, they would be'much more satisfied, with their confessions and would reap many definite advantage~ from them. Four Rules In formulating these rules, and in commenting on them, I am limiting the subject to the devotional confession, as this is the type of confession that. religious most frequently make. Keeping this in mind--namely, that we are speaking only of the devotional confession--we can state the rules as follows: Rule I: Be sure to confess, at least ;n a 9eneral way, some real, subjective s;n that you have cerfainly comm;Hed. Rule 2: Have genu;ne, supernatural con÷r;÷;on, a÷ least ;mperfecf, for some s;n ;nclucled ;n your confess;on. Rule 3: Be willincj to accept and to perform anyjustly ;reposed penance. Rule 4: Try to sanctify yourself ÷hroucjh confess;on by cult;vaf;ng a more e~fecfive purpose of amendment. It may be well to call attention immediately to the decided, difference between the first three rifles andthe fourth rule. The first three express minimum essentials; the fourth .expresses an ideal. A penitent who observes the first three rules makes a good.confession; a penitent who keeps not only the first three, but also the fourth, makes a better confession. This is an important distinction. Our. ideal, of course, is to make the better confession; but there is a great deal of consolation and peace of mind in knowing that our confessions are good, even though they could be better. A good confession o~ devotion always produces some grace in the soul. 146 May, 1944 GOOD'CONFESSIONS AND BETTER CON~ESSIONS A GOOD. CONFESSION It would be a wise policy .fob every religious to have a two-fold aim in making hisconfessions: first, to make a 9ood confession by fulfilling all minimum essentials; and °secondly, to make his confession even better by the use of some practicable plan for applying the fourth rule. In keeping with this two-fold aim, I am dividing the remain-der of this article into two parts, which treat respectively of a 9ood confession and a betterconfession. Confession of Sins On the part of the penil~ent, three things are requirgd for the reception of the Sacrament of Penance; confession of sins, contrition, and satisfaction. The first of our rules enunciates the minimum essentials for thd first of these acts. It is certainly not difficult for anyone to fulfill this rule in a d~votional confession. It is sufficient to confess any or all of the venial sins comm.iyted since, the last con-fession, or any mortal sin or venial sin of one's past life: A penitent can even fulfill this rule by alv~ays confessing the same sin from his past life: for example, he once culpably missed Ma~s on Sunday, and since, then, in his devotional confessions, he never mentions anything specifically but that one sin. "There's nothing special since my. last confes-. sion, Father,-" he says week aftgr week,. "but in my past life I once missed Mass through my own fault." Finally, the penitent does not have to do even as much as that in a devo-tional ~onfession. It dan b~ sufficient if he simply includes his sins in a general way: for example: "There's nothing special since my last confession, but I want to include all the sins of my life." ,The repetition, week after week, of the same sin of the past life, without confessing any new matter, is not, of course, the ideal. Nor is it the ideal to make a merely gen- 147 GERALD KELLY Review for Religious~ eral accusation. Yet such accuations are, strictly speaking, sufficient in a devotional confession, provided the.penitent has the requisite contrition--as will be explained in the comments on-the second rule.1 I have referred to such accusations, not to encourage their use, but simply to indi-care how easy it.is to live up to the demands of the first rule. Despite the fact that it is comparatively easy to.observe the first rule, it is also possible for well-meaning penitents-- even religious--to violate it and to make unintentionally fruitless~ confessions. Perhaps a few sample confessions-- entirely fictitious, of course--will serve to illustrate what I- mean. A religious is preparing for confession. To him, as he examines his conscience, the past week looks.biack enough. On Sunday, when he,assisted at Mass he had certainly done everything that the Church requires for the complete ful-fillment of the obligation. Yet he had been no seraph at Mass; he could surely have assisted more.devoutly. On Monday, he had felt a strong inspiration of grace to pass up the butter at one meal: and on Tuesday he had felt an equally strong inspiration to spend a half-h0ur of his free time before the Blessed Sacrament. He had neglected both these divine:"invitations. Finally, despite the fact-that his rule ordered that all. should make their beds before the morning meditation, he had three times ~put off this dis-tasteful action until after breakfast. Of course, 1~is insti-tute states explicitly that merely disciplinary °rules, not involving the vows, do not bind under pain of sin; liuf 1The unnecessary use of the merely generic accusation, without mentioning anything in particular (e.g. "There's nothing special since my last confession,. Father; but I want to include in this confession all the sins of my life"), is particularly to be dis-couraged. By reason of a more or less general custom iri the Church, penitents who make devotional confessions are expected to mention some particular kind of sin, either from their past life or conimitted since their last confession. ~For the benefit of students of theology who might read this article, let me say that in speaking of the confession of devotion I use the words "fruitless" and "invalid" indiscriminately. The valid devotional confession must, I believe, be fruitful. 148 Ma~l, 1944 GOOD CONFESSIONS AND BETTER CONFESSIONS this, he tells himself, is no excuse for him. He enters the confessional and accuses himself as follows: "Since my last confession I was negligent in my prayers; I was ungrateful to God; and I was disobedient. That's all I can remember, Father." Another religious] in preparing for confession, note~ that he has often felt strong resentment against someone who had offended him; that he has 10ad many distractions during meditation; and that 6n one occasion he made a re-mark that hurt someone's feelings. He might note also that the feelings and distractions were not voluntary find that the offending remark was unintentional; yet these excuses do not occur to him. He confesses as follows: "Since my l'ast confession I was uncharitable in thought and speech and was distracted in my prayers. That'll be all, Father." A third religious has had a really trying time of it since his last confession. He has been literally besieged by a strong temptation to impurity of thought; in fact, the temptation has been so strong that he really does not know how he stands before God. He decides to go to confession "just~to be safe." In confession he says: '.'I had a very strong temptation against purity, and I want to accuse my-self in ~o far as I am guilty before God. Th~re's r~othing else bothering me, Father." I have chosen these three fictitious confessions because ."they illustrate defects which, thot~gh very likely uncom-mon, could make a.confession unintentionally fruitless. In the first confession, only imperfections,, not real sins, were confessed. In th~ second confession,, the things mentioned might have been sins, but there was no subjectioe guilt; the uncharitable feelings and distracting thoughts were invol-untary, the offending remark was unintentional. In the third confession there was no certain matter: the penitent may have been guilty of mortal or venial sin, but he may 1,49 GERALD KELLY Review for Religious have committed no sin.at all. All of these confessions are at least probably defective. Yet all could be saved from fruitlessness by the intelligent use of a concluding accusation such as "I include in this confession all the sins of my life"; "I want to include all the sins of my past life"; "For these, and fdr all the sins of my life, especially for . . ., I ask pardon from almighty. God and penance and absolution from you, Father." It is true that accusations like these can become purely mechani-cal and practically meaningless, yet they are infinitely bet-ter than such conclusions as: "That's all I remember"-- which adds nothihg to the confession.; "That'll be all,"-- which sounds like a person burring groceries ; -and so forth. It is hardly advisable to force religious to make subtle dis-tinctions between imperfections and venial sins; but it surely is advisable for all penitents who habi'tu'ally commit only small sins to have some concluding accusation which covers up a.possible insufficiency of matter in their con-fessions. " As I said, these confessions are purely fictitious. If they occurred in real life, a confessor would generally note the.deficiency and ask a question or two that would save the confessions from invalidity. Yet this might not always be ,the case; and penitents should be tiained to make goo.d confesiions independently of questions by the confessor. Contrition The second rule givei the minimum essential for con-trition in the devdtional confession. Here again, it is important to distinguish between the ideal and the essential. Of all the acts of the ,penitent, contrition is the most important; and everyone's ideal should be to have a pro-- found and effective contrition. Yet the confession can be good, even though contrition be far from the ideal. The 150 May, 1944 GOOD CONFESSIONS AND BETTER CONFESSIONS ideal, even in a devotional confession, is perfect contrition; yet imperfect suffices. The ideal is that the contrition extend to all.sins confessed: yet it~ is sufficient if the contri-tion applies to any sin included in the confession.8 The ideal is that contrition be deeply moving, like Magdalen's; yet it is sufficient if the contrition be as unemotional as paying the rent. Important though it is, it is not extremely difficult, to haye sufficient contrition for a fruitful devotional confes-sion. A penitent who has once committed a mortal sin, has repented of it, and now includes that sin in his confes-sion, either by mentioning it by name or by including it in a. general accusation, may take it for granted that he has sufficient contrition if he continues in his good resolve to avoid all mortal sin. A penitent who has committed a delil~erate venial sin in the past and who now includes that sin in his confession, either specifically, or at least in his gen- . eral accusation, ha~ sufficient contrition if he renews his good resolve to avoid that sin in future. Even a .penitent who includes only the "smaller" venial.sins in his confes-sionmthe semi-deliberate sins, as they are sometimes called--has sufficient contrition, if he is sincerely resolved to try to do better in some way, for example by eliminating one kind of sin or a certain class of sins, or even by reducing the: number of his small sins. We generally speak of contrition for sin as if it were one simple act. In reality it seems to involve a rather com-plicated process. It would not be worth our while, in a, aWhen I say that it-is sufficient if the contrition applies to only one of the gins confessed, I mean that this is enough for the absolution and the reception of grace through the sacrament. This does not mean that all the other venial sins are for-given. Sins for which there is no repentance at all ar~ not forgiven either in con-fession or outside of confession. For example, a penitent who has committed two venial sins, has true sorrow for one, but no iorrow for the other, would receive grace through the sacrament but not forgiveness for the one unrepented sin. His confession would be fruitful, but it could be more fruitful. 151 GERALD KELLY Reoietu for Religious pratti.c.al article of this nature, to go deeply into this proc-essl " But it may be useful to indicate here that, in making aft. act of contrition, a penitent should pay particular atten-tibn to two dements of the psychological process: namely, to motivation .and to purpose, of amendment. If these two elements are present, one may safely assume that an act of contrition is good; if either one is 1~icking, there is no real cogtntion. ¯ Motivation is not contrition, but it. is a necessary pre-lude td it. The sinner must realize the evil of his acts before he can truly repent Of them. And he must see this evil ~hrough the eyes of faith if his contrition, whether in or out of confession, is to be supernatural and effective. As we know, faith supplies us with a variety of motives f0r.repen~ance, some more perfect than others. It shows Us sin as contrary to the will of God and therefore some-thingagainst God's infinite holiness and goodness; it shows Us: the Son of God suffering on the Cross for our sins; it reveals sin as ingratitude to God~ o.ur.supreme.benefactor; it tells us of theo richness of heaven, of the terrible fate of hell, of the punishmen.ts of pu.rgatory, and of the temporal purlishments for sin in this life. All penitents shOuld keep in mind that the motive for their contrition should be applicable to the sins for which they wish to be sorry. In particular, it is necessary for those who Want to make an act of contrition for venial sins to remember that not all motives that apply to mortal sins are applic~ible to venial sins. Despite the fact that many books speak of venial sins in the most thunderofis terms, venial sin js not mbr~al sin. Mortal sin destroys the likeness of God in the soul; venial sin dods nbtt Mortal sin breaks the l~0nd.gf friendship between the soul and God; venial sin does not. Mortal sin is deserving of hell; venial sin.is not. In recalling these differences I am not trying to 'belittle Ma~l, 1944 GOOD CONFESSIO~IS AND BETTER CONFESSIONS venial sin. I simply insist on the necessity 9f seeing such sins in their true perspective in order to elicit a genuine act of contrition for them. It is only by stretching words far beyond their obvious connotation that one can make an act of contrition for venial sin "because of the fear of hell." This motive is applicable only in a roundabout way: for example, because venial sins may lead to mortal sin,. which is deserving of hell. On the other hand, there are many motives which do apply directly to v~nial sir/s, even to thd smallest of them. Venial sins are contrary to God's holy will; they defeat His wise plans for our sanctification and for our attainment of a certain degree of heavenly glory; they manifest a failure to appreciate His gifts; they are a shabby return fdr what our Lord did for us; they are deserving of some punishment in this life or in purgatory. It would be well for those who make devotional confes-sions to meditate occasionally, especially during the time of retreat, on motives such as these so that they can briefly and intelligently recall appropriate motives when preparing for confession. From the point of view of motivation, therefore, it is perhaps easier to make an act of contrition for mortal sin than it is for venial sin. At least it is easier to see the evil of mortal sin. As for the purpose of amendment, less is required for venial sins than for mortal sin. No matter what mortal sins a penitent has committed, he has not sufficient contrition unless his purpose of amendment extends to all mortal sins. He must will to avoid all mo]:tal sins in the future. Thus, the ordinary definition of a purpose of amendment as "a firm purpose to sin no more" applies quite literally to mor-tal sins. But this does not seem to be strictly necessary with regard tovenial sins. In facL.with regard to all the smaller sins. taken together, it is hardly possible. Rather, in the 153 GERALD KELLY Review for Religious case of sorrow for venial sins, the essential thing is the sincere will to do better. This distinction between mortal and venial sins, with respect to purpose of amendment, is based on the ft~nda-mental difference between these two kinds of sin. Mortal sin, of its nature, implies a rejection of God's friendship; hence one cannot will to gain or continue in God's friend-ship unless he intends to try to avoid all mortal sin, with-out exception. But one who commits only venial sins is already a friend of God; and this friendship admits of many degrees and of continuous growth. There is no con-tradiction in willing to a~coid some venial sins, but not others, or in willing to reduce the total number of one's venial sins, without proposing to avoid venial sin entirely. _ Satisfaction The third rule enunciates' the minimum essential for the third act of the penitent--satisfaction. I stated this rule ¯ merely for the sake of~omplete.ne~s. The rule itself hardly requires comment or explanation, except perhaps to remark --what is probably obvious--that there is a difference between willingness to accept a penance and the actual per- ' formance of the penance. The willingness is required for the validity of the confession; without this disposition a confession would not be good. But the actual perform-ance of the penance does not pertain to the essence of the Sacrament but only to the integrity of it. A BETTER CONFESSION The first three rules, as I said, express the minimum essentials of a fruitful confession. All who make a devo-tional confession, even religious, should make it their first aim t6 keep those rules. But religious, in particular, should not be content with that. Their aim should be to ,make 154 May, 1944 '" GOOD" CONFESSIONS AND BETTER CONFESSIONS their confessions better, especially througl'i the observance of the fourth rule. ¯ Books and articles on confession offer many suggestions for improving our confessions. I .should like to suggest ¯ here merely one workal~le plan for.using confession as an instrument 6f self-improvement; and I think I can accom-plish my purpose better by an example .than by a long dis-cussion. A religious is. making his annual retreat. In surveying the past year he notices that he has committed many small sins. He.wants to correct th~se, and in particular he wants ¯ to correct two habitual~.faults: uncharitable -speech and small sins against poverty. He, determines:what mearis.he willtake to'avoidthese fatilts, and he makes his resolutions accordingly. When his program:is .all prepared, he sud: denly re.alizes,- with a.twing~ of conscience, that he has made :such resolutions in previous refreats and that in a very sh6rt ¯ time they were either badly mutilated or completely ignored. He knows that during the retiea~ hehada sincere.purpose ¯ of amendment; what helacked was something .to sustain that purpose of amendment thiough the year .follow~i.ng the retreat. . Confronted with the vexing problem of an unsustained pubpose of amendment, thereligious decides to solve it.by effecting a union betweenhis retreat .resolutions and.his weekly confeshions Of the coming year; : :.: ¯ .'. The retreat ends; the daysgo by till it is time for.the weekly confession." . In examining his conscience, the rdi-gious looks first .to ~his retreat resolutions. He has kept them this week. He thanks God for this, renews his good resolutibn and, having finished his examination of con-science, he confesses as follows" "Since my last confession ¯ have ' I accuse myself of these and ot: all the other sins of my life, especially uncharitable speech and sins 155 GERALD K~LLY Reoiew for Religio~e against poverty." Another week goes by, with the same results. The "examination of conscience and the accusation of the two special kinds of sin are made in.the same way. In the third week, there is a weakening. Before confession the religious recalls the motives for avoiding these sins, asks pardon for his falls, and renews his good resolution. In confession he accuses himself as follows: "Since my last confession I was uncharitable in speech twice and committed one small sin against poverty. In my annual retreat I determined to cor-rect these faults, and I want to ask pardon for them now and to renew my purpose of amendment. I include in this confession all the sins of my life." Enough for the example. In giving it I do not mean ¯ that evdrything must be taken literally. Ten penitents might follow the same general plan, yet use ten slightly differing methods in applying it. The important thing is the general plannthe linking of the retreat resolutions .with the subsequent confessions. The plan that I have suggested may not-be suitable to all; but, in the absence of a better . one, it is worth trying. It offers definite help along the lines 'of motivation and of concentrated effort at amendment of faults. Retreat is a time of great grace; seldom Will our motivation be nobler .or.more clearly perceived. Any plan which wili continually recall that motivation must be profitable. And I think it is a truismthat in the spiritual life, whether on the nega-tive ok the positive side, there must be some concentration of effort. We cannot rid ourselves of all faults at once;. we cannot acquire all virtues at once. I iealize that this plan involves "monotony"; but I do, not know of any plan for spiritual progress that'does not involve some "monotony." If more variety is really .required, the objectives can b'e changed occasionally, for ¯ 156 " Ma~l, 1944 GOOD CONFESSIONS AND BETTER COlqFESSIOBIS instance, from monthly recollection to monthly recollec-tion: but I think it is important .that we should never get away entirely from our retreat program unless we are faced with entirely new difficulties that demand our undivided attention. Some may object that the plan is too "negative." To this I can answer only that confession.is sfipposed to deal with the "negative" side of our lives and that I have not proposed this plan as a complete enunciation of our spir-itual ideals. And I might add that, if used perseveringly, the plan is very positive in its results. It makes for a great increase of grace through the Sacrament, for increasing purity of conscience, and, incidentally, for helpful spiritual direction by the confessor. MARIAN LIBRARY Some time ago plans were formulated for the organization of a Marian Library at the University of Dayton. The purpose of the project is to collect all known books on the Blessed Virgin, thus honoring Mary, Patroness of the United States, and establishing a center of research on Marlology in this country. If~ you wish to help in the project or wish further information concerning it, write to: Father Law-fence Monheim, S.M., Director, Marian Library', University of Dayton, Dayton 9, Ohio. BROTHER RICHARD PAMPURI Brother Richard Pampuri was a physician and surgeon, a member of the Hos-pitaller Order of St. John of God, who died in 1930, at the early age of thirty-two. The Brothers of St. John of God now publish a small pamphlet containing a sketch of Brother Pampuri's life and some vocational information about their order. For further information apply to: Rev. Brother Master of Novices, Brothers of St. John. of God, 2445 South Western Avenue, Los. Angeles 7, California. PLEASE~Somo subscribers have not yet sent us their Postal Zone numbers. If yours is not on the wrapper of your copy, will you please send it? ,. 157 The Question ot: V0t:ing Edwin F. Healy, S.J. 44| N WHAT ways may a citizen help in maintaining .a genuine democracy?" asks a Civics' Catechism; and, in the answer, first place is given to "voting at elec-tions." The reason for thus stressing the .importance of voting is ~asily understood when one realizes that the bal-lot can fashion the whole superstructure of our govern-ment. The justice of our laws and the effective and impa.rtial administering of them depend upon those who elect to office our legislators and our administrators. Responsibility for the quality of our government thus lies, to a large extent, in the hands 0f our "voters. The citizens of a nation have the obligation of pro-. m0ting the general welfare of their country. This obliga- ¯ tion is one ot? legal justice. BU( what exactly is legal jus-tice? Legal justice is a virtue which inclines citizens to render to their community what is its due. Men are intended by nature, not to live as hermits, but 'to dwell ' togetl~er in groups or communities. Living in groups, they enjoy many benefits. They are thus aided in developing themselves spiritually and intellectually. ~ They thus par-ticipate in the joys of varied companionship. They feel the protective strength of large numbers bound together for a common purpose. They Share in the improvements made possible by the industry and ingenuity of their associates. They have access to~ commddities, forms of XFather Healy wrote this article at our request. It seemed to us that ~uch an article. might be necessary, or at least very useful, at this time. During election year teach-ers are frequently asked questions about the duty of voting, and religious themsel~,es face the personal problem of judging the utility of their voting and their duty to do so. We believe that in some places ecclesiastical superiors" give specific instructions concerning the fulfillment of this duty. In the absence of such particular guidance, religious should find Father Healy's general explanation helpful.reED. 158 THt~ QUESTION OF VOTING entertainment, facilities for travel, and so forth, whic.h would be undreamed of if all were recluses. All this is just as nature intended it. Human society, then," is a natural institution and it,has certain claims on the members of the community. As Pope Leo-XIII wrote in his encyclical Christian Democracg, ".No one lives in a community only for his personal advantage. He lives for the common good as well." A country, a State, or a city, has the right to ¯ deman'd of its citizens whatever is, necessary to promote the general welfare. A citizen, therefore, must fulfill the duties which correspond vcith these rights of the community. The virtue which inclines citizens to live up to these obligations is calle~d legal justice. Legal justice, for example, prompts one to defend.his country, even though this involves facing the devastating gun-fire of the enemy. Legal justice dis-poses citizens to observe the just laws of their State, to con-tribute a fair. share to the.financial support Of the govern-ment. It is legal justice, too, which imposes on citizens the duty of p.romoting the common good by means of intel-ligent voting. The common welfare is greatly furthered by the con-scientious use of the ballot. Member.s. of a community.,' then, should reflect upon the vital importance of exerc!sing this power that is given them by virtue of their citizenship. Intelligent, competent, honest leade~rs are needed by our country. This fact is brought home to us when we realize that our public officials manage, not only political affairs, but matters which may intimately affect the religious activi- " ties, the educational system, and the whole social and indus-. trial life of a city, or State, dr country. A communistic governor or president, for example, could accomplish much towards u~dermining our democracy. A militantly bigoted mayor could do much harm to the Church. Judges who 159 EDWIN F. HEAL¥ are guided by a false philosophy will injure the community in which they live~ One can, therefore, readily understand how much is involved in the selection of those who conduct the public business of our country. It is regrettable that, in spite of its importance, not all who are entitled to the ballot exercise this privilege. It has been estimated that as many as one half ofthose who were .eligible to vote have absented themselves from the polls in some election§ of the past. This was true ev.en in impor- .tant presidential elections. In elections of less general inter-est it has happened that only about one-fourth of the elig-~ ible voters appeared at the polls. Moreover, in primary elections, which select the candidates for o~ce, this apathy in public affairs is often far more pronounced. Such indif-ference ¯ to matters which concern the common welfare encourages corruption in our government. Many of those emp~owered to vote fail to do so because of laziness, or because of some slight inconvenience Which is involved in their particular case~ It requires fair weather to lure some citizens to the polls. Others refuse to vote because they are dissatisfied with the choice of candidates offered by our political parties. Others, again, feel the futility of trying to-defeat one who' is supported by a powerful, well-organized political machine. Often enough citizens excuse themselves from their duty of ~roting on the assumption ¯ that their single ballot will make little difference in the final o results. Although it is possible that one vote may change :the outcome of an election, one must admit that this is highly improbable. Let us suppose, however, that thou-sands of uprightcitizens were to excuie themselves from voting on the plea that "My vote won't matter".--cou,ld not the resulting loss to the desirable candidate easily bring about his defeat? This point should be remembered-by those who honestly desire to fulfill-their civic duty.¯ At 160 May, 1944 TNE QUESTION OF VOTING times, moreover; one is inclined to forget that his failure to east a vote will, in many cases, be equivalent to casting a Vote in favor of a candidate who will harm the public welfare. Althougl~ the common good can be advanced so much by the honest voting of the members of the community, there are a great many cases ~where the choice made at the polls is not dictated by conscience. Not a few of our citi-zens, it is said, sell their votes to the highest bidder. Besides this, there are no doubt many thousands who write their ballots according to the instructions which they have received from some ward boss who has befriended them in one manner or another. A.petty politician obtains votes for his candidate in various ways. He procures jobs on the city payroll for certain ones who will be able to influence the opinion of many acquaintances. He protects Others who are running a business which is forbidden by the law. He "arranges" matters with a friendly judge for thosewho have been arrested for violating minor city ordinances. At election time a dollar here and .a few dollars there buy va!u-able votes. Vo~es which are delivered to the ward boss because of a favor .received do not represent the genuine preference of the v6ters for the candidates selected. They represent merely the preference 6f a single individual, namely, that of the petty politician who has gained control over these votes. Frequently enough the ward boss is quite dishonest. Biibery, lying, injustice are common tools by which he "gets results."~ He has but one choice in any election' and that choice is the candidate that has 'been selected by his political party. Be that candidate good or bad, the ward boss will support him by every means available. We can re.adi!y understand, therefore, that the ward boss's choice may turn out to be one which will be quite injurious to the ¯ ¯ 161 EDWIN F. I-ii~gi.~ :" '/tevie~o ¢or. i~et.,'gio,,s~ go~d of the community. If we recall to. mind the thou-sand~ of those whose purchased votes are merely the rubber-stamped selection of some w~lrd boss, we shall realize what an unfair advantage an unscrupulous candidate may have over one who is honest. Thousands of voters, it appears, are influenced at the polls by one c0nsideration:."What immediate advantage will this'person's election, bring to me?" They seem never to give thought to the effect which the candidate's victory may have on the State or country as a whole. They focus. their attention on some petty benefit which they them-selves will receive. Ordinarily the major consideration for them i~ the question of jobs. Many of those who are employed by the ~idministration which is in power vote for that administration's candidate as insurance against the. iossof their.jobs. They realize that, if the candidate of another p~rty is elected, in all probability he will replace then~ with those who have proved their political allegiance .to him. Th~ere is; of course, no fault to be foun~l with men anal' wom~n-Who endeavor to protect themselves against the loss of their jobs, but it should be evident that .such Pr0.tectiOia .mustnot betheir primary consideration. It should not inteifere Wi~h the fulfilment of.~ their duty .to p.".r0mote thi~: ~0mmon good: Hence;" if.:a 'certain candidate is unfit .for o~ce, he sh0uld: not be. Voted for, no~ matter what patter loyalty might dictate. . " -~ . ¯ . :- . An0~her"~ype 6f citizeri~ ~hat concerns. .us- :in this queso: tion is the one who a~cepts his duty of voting very lightly. Hema~r be an Upright and an intelligent'pe.rson. He may .be irreproachably honest in all his de.alings.with his neigh-boi. He may be a generous contributor to charitable insti-tutioiii. But he fails to do his sha~e in the task of electing competent public officers. With men 0f this type, there is .no pretence ~t making a serious effort to !~arn the qUalifi- 162 Ma~t, ~19 4 4 THE QUESTION*OF.~ VOTING cations:of the candidates listed on the.ballot. They kno~" little of the good qualities or of the bad ones of those: who are running for office. They may .base their opinion of the candidate on such superficial points as that of a winning personality, a magic voice, social standing, the nationality ~ of his parents, and so forth. They form snap judgmentSOf the candidate's ability and do not b~ther, to investigate the soundness of their conclusions. They accept a party plat-form at the value given it by its defenders'and refuse ~to read the arguments of its opponents. " When one recalls, then, the large number of those who are guided in voting by unfair influences and by superficial considerations, the importance of the honest, educated, conscientious voter becomes apparent. " Consequently, it.:is not too much tO expect that especially th6se whoare ¯ blessed with sound 'Christian. training and with at:,least average intellectual gifts employ these benefits' at election time to promote the common good. They should ex~rcise 'all the influence in their power to protect the less fortunate, who are being.exploited by unsciupulous political .bosses. From what has beenexplained above,-it is' deaf,.then, that ci(i'zens~ are obliged :in conscience to, fulfill ~the"du'ty 6f voting. Is this 6bligation a serious one? .Yes, it is, ff0n~e.'-s vote will probably defeata candidate for.office who -would bring? graveharm :to the. comi-fi:unity. A very indompetent. person~ for example,. or-one who'is strongly anti-religio~s~ wouldbe such a candidate. Ordinarily,,however, in this country,' this condition is not verified, .and so the duty to vote is, not grave. Moreover, there is no obligation at :all - ¯ , to vote: (a). if I am certain that my vote would have no effect on the final results of the election; or (b) if ~¢6ting -. would prove seriously'inconvenient or gravely injurious to me. Hence, ,if I were quite sick, and going to the polls would increase my illness, I should be excused from the 163 EDWIN F. HEALY . " Review f.or Religiou~ duty of voting. Even though one's vote would clearly riot affect the course of an election, nevertheless, it is preferable that one go to the polls anyway, in order to give to others the g6od example of taking interest in civic affairs. This, of'course, applies, particularly to persons of authority, whose actions are a guide to many. Besides, my vote is not altogether useless, even if my candidate has no chance of winn';ng the offce, for his. prestige will be increased by each additional vote which he receives. With reference to the duty ofv0ting it should be noted that one' is obliged to vote bonestl~l, that is, he must be guided in his choice of candidate by his genuine desire tO furthe~ the common, welfare. He must select the candidate wh~ is bes~ fitted for the office. The one voted for must l~e qualified to carry .out the requirements of the position sought. It may be that a man is morally blameless, but if he 'is inefficient, inexperienced, dr poorly gifted intellec-tually; his election .would. not be to the best interests of the community. Moreover, one must vote intelligently. He must make sure that he does not waste his vote. A vote is wasted if the ballot is not marked in accordance with the directions given, because such a ballot will be discarded without being counted. An erasure, or blots, or blurs, or -some sign that may be interpreted as a distinguishing, re.ark, . can invalidate the ballot. Writing in ink, instead of pen-cil, marking an "X" outside the prescri.bed box or circle, voting for several candidates for an office when only one may be selected--these are some of the ways in which one can waste his ballot. Not infrequently it happens that the shortcomings of a candidate for some public office are reviewed in detail in newspapers and magazines. The charges made-against candidates by a news organ of an opposing political party are at times very damaging. What is to be said of the moral- 164 Ma~ , 1944 THE QUESTION OF VOTING ity of the practice of exposing the faults and errors of one who is running for a public office~ To call attention to the mistakes and misdeeds ofthe candidates can be a service to the community. The men and women who are seeking publicoffice are thus revealed in their true light, and so the voters are able to judge whether or not the election of such candidates would prove to .be injurious to the common welfare. It is, of course, forbidden to exaggerate a candi-date's deficiencies or to make slanderous statements about him.However, it is altogether licit to mention certain facts in his life: faults, past crimes, evidences of favoritism, dangerous tendencies, examples of inefficiency, ignorance, bigotry, dishonesty, and so forth, when these are of a pub-lic nature. Even hidden crimes or defects may be pub-lished, if these render the candidate unfit for such an office. The reason is dear. Candidates give up their right to keep secret what the common good requires to be known about them. Moreover, those who hold public positions can be said tacitly to consent to the open scrutiny .of their official acts. They are, after all, but the agents of their constitu-ents; hence those whom they represent have the right to demand an acc6unt of their official conduct. The realiza-tion that their actions will thus be analyzed in newspaper and magazine may perhaps exercise a restraining influence against violations of duty. Since, then, writers are allowed. publicly to review the faults and misdeeds of candidates for office, such articles of theirs may be' read without scruple. Not many years ago a certain socialist urged that all nuns be deprived of the right to vote. The argument adduced to justify this recommendation was, we believe, that such women have no interest in civic affairs. In reply to this suggestion it should be made clear that religious men and women, as a rule, have very much at heart the common welfare. Moreover, their interest is not merely an aca- 165 EDWIN F. HEALY demic one, for by their daily lives of prayer and sacrifice and good example they greatly benefit the community in which they live. Because they love their country and ever seek its best interests, they are eager to have only candidates of ability and integrity elected to office. They cast their votes in accord with the dictates of their conscience. Who would deny that their choice at the polls is as carefully considered and as intelligently weighed as that of the average citizen? CONCERNING BOOKLETS The Congregation of Holy Cross is publishing a revised edition ofDirections for Nooitiates of the Congregation of Holy Cross, written in 1895 by the saintly Father Gilbert Francais, Superior General of th~ Congregation from 1893 to 1926. The book contains a simple, fervent set of instructions designed to help novices in the various exercises of the novitiate. Though the book is really the Family Bool~ of the Congregation of Holy Cross, masters and mistresses of novices of other in-stitutes should find it useful. Paper-bound: 182 pages; $I.00. Published by The Ave Maria Press, Notre Dame, Indiana. The Holy Cross Brothers publish a very attractive and informative booklet en-titled Holy.Cross Brothers. This booklet may well be held up as a model of clear, simple, verbal instruction on the life of a Brother and of the apt use of photographs to illustrati the text. The Brothers will send a copy to any priest or religious who is interested. ~Write to: Director of Vocations, Sacred Heart ,luniorate, Watertown, Wisconsin; or tb: Direcior of Vocations, St. 2oseph ,luniorate, Valatie, New York. Similar to the booklet on Holy. Cross Brothers is anew brochure, Jesuit Life, prepared by the' Jesuits of the Missouri Province. This province comprizes Colo-rado, Illinois (south and west of Springfield), Iowa, Kansas, Minnesota, Missouri, N. ebrask~, North Dakota, Oklahoma, South Dakota, Wisconsin, and Wyoming. Residents of this territory mas; secure copies bf Jesuit Life free by applying to: Reverend Father Provincial, 4511 West Pine Blvd., St. Louis 8, Missouri. An Army of Peace is the title of an unusual historical pamphlet--"The Story Of the Sisters of Loretto at the Foot of the Cross as told by Modern Youth." This pamphlet was originally planned and written by the American History Class, Loretto Academy, Kansas City_,. Missouri. "1941. Two years later it was revised by the students of Loretto Heights College, Loretto, Colorado. The illustrations (very "cute"--if you don't mind the word) are the combined work of students of Web-ster College, Webster Groves, Missouri. 48 pages. 10 cents each; 11 for $1.00; 50 for $4.25; 100 for $8.00. Order from: Loretto Heights College, Loretto, Colorado~ 166 The C~re 0t: ~ick Religious Adam C. Ellis, S.J. BECAUSE of the regularity of their lives, their simple but wholesome diet, and the peaci~ of mind resulting from serwng God, rehg,ous usua.lly enjoy remark-ably .good health. It ~s mewtable; however, that there be some sick rehg~ous. These should be looked upon.as bles-sings in a community, and they shoulld be given proper care, both physical and spiritual, according to the letter and the spirit of. ecclesiastical legislation. . Phgsicat Careof the Sick ¯ The Code of Canon Law contains nip specific legislation regarding the physical care of. the sick. This is provided for ¯ in ~he constitutions of individual lnst~tutes, ~which in ~turn are based upon the. provisions laid down ~n the Normae issued by the Sacred Congregation of Bi,~hops and Regulars, June 28, 1901. We may, therefore,' tal[e these latter as.the .basis for our remarks:. ¯ . ¯ Art. 183 requires that each religious, house,., as 4:ar.as. possible, shall have a special place for an in~, rmarg. Though it is impracticable in a small communit~ to reserve aplat~ in the :house for occasional sick members, it is customary-to have a well-eqmpped ~nfirmary ~n the motherhouse, ~n the novitiate, in the house of studies, as w~ell as in all larger communities. These places should b~e kept bright and cheery, ~vithout, however, introducin~ luxuries not in keeping with '.religious poverty. - Art. 184 states that one or more re'embers of the com-mun~ tg, should be set aside for the care ]of the sick. These persons should be endou~ed u~itb all tb le qualities necessar~l 167 /~DAM C. I~.LLI$ Review for.Religio~s f~r the proper fulfillment of their office, and should be -noteworthg fo~ their Fraternal charitg. It is their dutg, under, the direction of superiors, to provide For atl.the necessities of their sick charges, with regard to nourishment and other remedies. In modern times no religious institute should find. any difficulty in having one or more of its members trained as .professional nurses. Many of our Catholic hospitals have training schools for nurses, and religious are always wel-come to go there for training in a religious atmosphere. Every large infirmary in a religious house should have its own diet kitchen in which the special dishes required for the si~k may be carefully prepared either by the religious-nurse in charge or by an assistant. We may remark here in passing that it is not contrary to common life to give a special diet in the community refectory to those religious who need it, ~ven though they are well enough to carry on their work. In many com-munities it is customary to l~ave a special table in the refec-to. ry for those who are on diet, thus saving unnecessary steps for those who serve at table. Art. 185 tells that when necessar!l a doctor should be called, and his prescriptions should be FaithFullg carried out. All things considered, the community doctor should be chosen by reason of his understanding of the nature of the religious life in general and of the special work performed by the community in particular. Then he will know more readily the circumstances Of his patient, and will not be inclined to prescribe extraordinary remedies which are . usually available only to the wealthy. Superiors should be generous in providing for the needs of the sick members of their community. It seems to have been a special characteristic of many founders of religious institutes that they were most solicitous for the care of their 168 Mag~ 1944 THE CARE OF SICK RELIGIOUS sick members. Such a tradition should be carefully pre-served. For major operations, as well as for the cure of.certain diseases, it will be advisable to send a religious patient to a hospital. Ordinarily religious should be taken to a Cath-olic hospital where they will .receive the loving care of other religious and will not.be deprived of the religious atmos-phere. Both superiors and religious nurses should be familiar with the laws of the Church regarding exemptions from fast and abstinence, Sunday Mass, and other like matters, so as to be able .to quiet any scruples on the part of their charges. Spiritual Care of the Sick Art 186 of the Norm~e prescribes that the spiritual needs of sick religious should be attended to no less. ear-nestlg than their material needs. The principal :spiritual needs include confession, Communion, and Extreme Unc-tion. On all these matters the Code of Canon Law con-tains some explicit provisions, on Which it may be helpful to make a few comments. Confession: Sick religious should have the opportunity of going to confession whenever the community 'does, that is, weekly to the Ordinary confessor, on occasion to ,the extraordinary confessor, though they should be asked first whether they wish to avail themselves of these opportuni-ties, ,and should not be forced to do so. Special provision is made in canon 523 for religious women who are ill: "'All religious women when seriouslff ill, even if not in danger of death, mag, as ofte/~,as they u3ish during their serious illness; invite an~t priest whatever to hear their confession, provided that he be approved to 169 ADAM (2. ELLIS- Review [or Religious bear the confessions of women, no? can the superioress either directly or indirectly pre~ent them from doing so." It may be well to note that the canon does not require that the religious be in danger of death, but it suffices that she~be seriously ill in order to use the privilege.The judg-ment as to the seriousness of the illness should be left to the doctor or to a competent nurse. The very fact that it is deemed necessa.ry to callo the doctoi would generalIy be a sufficient indication that the illness is serious, since it is not customary for religious to summon a physician for slight ailments. Again, a patient who is running a fe.ver, or who. is obliged to be in bed for a week or more because of illness, would certainly come under the canon. In case of doubt ¯ about the seriousness of the illness, the sick religious should be given the benefit of the doubt. Sick religious on their part should be reasonable. It would hardly be in keeping with the spirit of the law to call for a confessor wholives a long distance away from the community, thus involving expense for the community and .grave inconvenience for the priest in question. It should also be kept in min~l that the 'canon impose~ no special obligation on the priest who i~ called to answer thd summons,.and the sick religious should be patient and resigned if the priest is delayed incoming or does not come at all. 'Holy Communion: Let us. first recall .that the reception of Holy Communion is a privilege and that, while the Church urges her. children,' especially religious, to use this privilege frequently, even daily, still there is no obligation to do so, except during the Paschal. season. Hence a reli-gious, whether sick or. well, who abstains from the recep-tion of Holy Communion, should not be looked upon as singular, This is a matter which is strictly personal, and one which should never be commented upon in commun-ly0 May, 1944 THE .CARE OI~ SICK :RI~LIGIOU$ ity life. As to sick religious, theremay be many reasons w.hy they do not wish to receive Holy Communion on any specified day. Hence the practical rule to be followed is to ask them each evening whether they wish to receive On the following morning or not. They should be given the opportunity of communicating daily Should they wish to do so, but they should ne.ver be made to feel that they are obliged to do so, much iess forced to do so. Dispensation from the Eucharistic Fast. Canon~858 § 2 makes a partial exception to the law of the Eucharistic fast for certain sick persons. "'The sick who. have been .in bed for a month without cet~tain hope of a speedq recooerg maq, with the prudent advice of their confessor, receive Holq Communion once or twicea week, even though theg ma~] have taken medicine or something b~t toag of~.tiquid food beforehand." . The sick who have.beenin bed for a mot~tb. This does not exc!ude:the patient's being able. to. sit up during cer-tain hours of the day. Besides, there are some sick persons who; because Of th~ nature of their infirmity, cannotlie in bed,- b.ut are confined to a chair Or couch. They certainly may use .this privilege. Likewise those sick persons who are able to get up for an hour in. the morning and go :t6 the chapel for.Mass and Holy Communion; may. use the privi-lege. The .canon does n6t require .that they receive.'H61y Communion in bed in order to.use the privilege. " . " It should be noted, however, that this privilege-may not be used until a person has.actually.been ill. for amonth. The opinion of a doctor that the sick person will be in.b~d for more than a month would not justify that person in using the privilege immediately, but he:must .wait until he has bee~a ill for about thirty days. This number of days.is ,to be counted morally, not ma, thematically, It may be difficult to determine exactly the day on wh'ich a person 171 ADAM C. ELI~I8 Review/or Religi~ous became ill. He may have been feeling poorly~ for several days before be went to see the doctor and was ordered to bed. Such days should be counted to make up the month. Without~ certain hope of a spee'dg recoverg. These words exclude mere conjecture or probability. Unless it is certain, therefore, that the person who has been confined to bedby illness f;3r a month will.be well in a very few days, he may use the privilege as long as. his illness lasts. With tb~ prudent advice of theconfessor. ,This does not mean that the confessor grants the privilege of receiving Holy Communion not fasting--the law does that--but it implies .that his judgme.nt may be, required that the sick person is properly disposed. Hence a sick" religious who is mora.lly certain that be is in the state of grace and properly disposed need not ask the permission of his confessor to use the privilege granted by the.law itself. Once ortu;icea vaeek. These words are to be inter-preted strictly. The sick person may use the privilege not more than twice a week. He may use it on any two days of the week, even though on the other days he observes the Eucharistic fast in its entirety and receives Holy Commun-ion. ¯ Medicine or something bg wag of liquid food. The medicine taken may be liquid, or in the form of solids such "as pills, powders, and the like. Any food taken, however, must be in the form of a liquid, that is, it must be of such a nature that it can be drunk. Under this head would come such items as egg-hOg, thin gruel, milk, fruit juices and the like. Religious nurses will do well. to remember that the privilege granted in canon 858 is for all sick persons; not merely for religious. It may be well to mention here that religious who are chrohic invalids and who find it difficult to observe the 172 ' Mag, 1944 -. THE CARE OI~ SICK RELIGIOUS ]~ucharistic fast-either because of physical weakness, ' or because of the'need of taking medicince during the night, can obtain an indult from the Sacred Congregation of Religious to communicate even daily after having taken medicine or liquid food. It will suffice to write a simple letter stating briefly the nature of the disease, and asking for the privilege~ It will help to expedite matters to have the local Ordinary give his approval to the petition. , As for the Last Sacraments, canon 514 provides as fol-lows: "'In every/clerical institute the superiors.have the right and the dutg to administer, either per. sonall[t or bg delegate, the Holg Viaticum and Extreme Unction, in case of sick-ness, to the professed members, to the novices, and to other persons duelling day and night in the religious house reason or: service, education, hospitatitg, or health." In the case of lay institutes, that is, congregations of Brothers and Sisters, this right belongs to the pastor of the parish in which the religious house is located, or to the chaplain designated by the Ordinary to replace the parish priest (canon 514, § 3.). In convents of nuns, the ordi- -nary confessor or his substitute has this same right and duty (canon 514, § 2). Viaticum. Holy Communion is given to the sick by way of ,Viaticum whenever tl~ey are :in danger of death. It may be received daily as long as tha~ danger lasts, and the sick person is exempted from the Eucharistic fast during this time (canons 858 and 864). The opinion of a doctor, or of a competent nurse may be followed regardihg the danger of death. The sick person need not be actually dying, but it suffices that the illness be such that death may be the result of it. Extreme Unction. This sacrament may and should.be administered to the sick who are in danger of death. ~It may be administered only once during the same illness, ADAM C. ELLIS unless ,the sick person shall have recovered, and again fallen into danger of death (canon 940). Again the. prudent judgment of the physician or a capable nurse should.be fol-lowed both ~as regards the danger of death and subsequent recovery. The administration of Extreme Unction should not be put~off until the patient is actually dying, but should be " administered while the patient is in full possession of his senses. Sick persons, including religious, should be in-structed regarding the secondary effects of this sacrament, one of which is the recovery of health, if such be the will of God. Conclusion It will not be out of place here to urge religious supe-riors and those who have the care of sick religious entrusted to them to do all in their power to care for the material and spiritual needs of the sick. Let them, in thei~ charity, .use measures to prevent, as far .as possible, the beginnings Of sickness, by not overburdening their subjects, by supply-ing them with a sufficiency of good wholesome food, and by providing proper relaxation and recreation within the .bounds of religious propriety. In this connection religious superiors must learn to say "NO" to the .many demands put upon them f(~r.help or work which they cannot undertake without putting too great a strain upon a commun~ity which may be already. .overburdened. They will serve the best interests of the Church and of their own institutes by refusing such work until .they have a sufficient number of subjects properly trained both intellectually-and religiously to undertake such additional burdens. 174 ~ ¯ We, Salu!:e Thee, Mary, h ot:her God! William 13. Faherty, S.J. NO ONE has ever had the persevering energy to list all the titles of Mary. Each country, yes, almost every Catholic locality, has its own beautiful manner of invoking our lovely Lady. In the Litany of Lotetto alone we. appeal to her in over forty ways. Some titles, such as the Blessed Virgin, have universal esteem. Others possess only local popularity] Of all the loving appellativ~s by which her devoted fol-lowers call on Joachim's daughter, the .greatest is "Mother of God." So astounding is it to address a human being in this manner, that we might hesitate to. employ it, were it not revealed doctrine, its use sanctioned by. the Church. In the May 1943 number of REVIEW FOR RELIGIOUS, Father Aloysius Kemper, S.J., analyzed the doctrine of the Divine Maternity. The interesting controversy .that led to its sanction is the theme of this article. The antagonists in this case Were two leading bishops, Nestorius of Constantinople, and St. Cyril of Alexandria. Dispute and discussion of a controverted point of doctrine not infrequently lead to its settlement by conciliar defini-tion. So it was in this matter. .The Council of Ephesus (431) settled the question. But that is running ahead of the story . The Fifth-Century World . Accustomed as we are, in this modern era, to think.of the e.astern shore of the Mediterranean as non-Catholic . territory, we find it difficult to visualize the fi'fth-centur7 setting. Constantinople was the center 6f the Empire, not 175. W. B. FAHERTY Revie~u [o~ Religious Rome, so recently sacked by Alaric and his Visigoths. Not Italy, or Spain, or France, but the Province of Asia on the XVest coast, of modern Turkey was the most Christian sec-tion of the Mediterranean world. St. Patrick was just then preparing .for his missionary trip to Ireland. The great St: Augustine of Hippo was in his last years~ So much for the scene, now what about the Drarnatis Personae? Into the easiern capital as its patriarch came Nestorius, a priest of Antiokh, who soon became known for his zeal-ous hounding of heretics. Worried over'the danger of polytheism, still so strong in the pagan parts of the Empire, as well as over an error concerning Christ's humanity taught by~ a priest, Apollinaris, Nestorius leaned backward in regard to the doctrine of the Divine Maternity. Against him stood St. Cyril, the Patriarch of Alexan-dria, rugged as Gibraltar, a man renowned for the strong virtues of John the Baptist rather than for the gentle quali-ties of dohn the Evangelist. Far away, at Rome, Pope Celestine odcupied the Chair of St. Peter . Theological WarFare The first barrage of battle came when the priest, Anasta, sius, a protegi of the Phtriarch of Constantinople, preached against the use of the extremely popular title for Mary, Tbeotokos (God-bearing). Call her merely Christ-otokos (Christ-bearing), he ordered. Consternation spread arnbng the-Constantinopolitans, for this title, Tbeotokos, had been indaily use for over a hundred years. Almost everyone in the audience had been familiar with it .from ehrliest childhood. The people were.gripped by a dismay and bewilder-ment almostinconceivable to us who live in a milieu that 176 May, 1944 WE SALUTE THEE, MARY, MOTHER OF GOD tends to take doctrinal differences as easily as the changes of the ieasons. Nestorius answered ?omplaints with excom-munication and imprisonment, then mounted the pulpit and bulwarked Anastasius' position. The Patriarch. of the Eastern Capital had flung down the gauntlet. Proclus, the bishop-elect of Cyzicus, a lesser name in this theological battle, accepted. the challenge. Despite the presence of Nestorius in the audience, he rose to the defence of the popular opinion. The Patriarch coun-ter- attacked with a whole series of sermons. Not along the shores ,of the Golden Horn alone, but throughout the East, news of these teachings spread. Across the blue Mediterranean they carried, like the sails of the Phoenicians, to the ancient land of the Pharaohs. St. Cyril rose to the defence of the tiaditional opinion with several letters. First to his own people, then to the monks of Egypt, he gave the true explanation of the Incarnation. He -mapped out a detailed counter-offensive against Nestorius. Two letters to that Patriarch complained of the teaching that had thrown the faithful throughout the East into war-time excitement. Availing nothing by this, Cyril referred the matter to Rome. He sent to the Holy See his correspondence w.ith Nestorius, a collection of the con-tagion- filled sermons, and a work of his own just com-pleted. ¯ A local council, convoked at Rome by Pope Celestine in the .summer of 430, condemned Nestorius. Early in August the Pope commissioned St. Cyril to carry out the condemnation, giving the Patriarch of Constantinople only ten days to retract 'his false teaching. Celestine wrote similar letters to Nestorius himself, to the clergy and people of Constantinople, and to John, the Patriarch of Antioch. The last paragraph of the Pope's authoritative letter to Nestorius is a good.summary of the whole epistle. "You 177 W. B. FAHERTY Review t~or Religious know clearly.out opinion. Unless you preach concerning Chris.t, our God, those things which the Roman ChUrch, the Alexandrian Church,-and. the whole, Catholic Church teach~s, and the most holy. Church of the Cityof Con-stantinople held up to the present, and you separate your-self from that foul novelty as the Scripture enjoins, and condemn it in a written profession within ten days from the day on which you are aware of this. sentence, you will be expelled .from the communion of thewhole Catholic Church" (Mansi, IV, 103~4.35). ~ ~ This was a lightning attack on Nestorius. He was condemned and his rival .was chosen to. give the coupde-grace. What would he do? The cornered Constantino-politan parried the thrust with an. evasive reply and.-a promise to abide by the decision of the general council he had asked the Pope to convene. The Anatbematisms Cyril. was busy, tOO, preparing.the death blow. He drew?. UP twelve statements, called "The:.Anathematisms,'." to which,Nestorius was asked to.subscribe. Though these , ~ere couched in sucha way as tO make evasion impossible, they contained, certain difficulties of terminology. What Cyril understood to mean:-one thing, Nestorius interpreted-in a way that bordered on the false teaching of Apollinaris. So, .,instead of submitting, he issued, twelve, counter-anathematisms, John of Antiocia now stood With Nes-torius. Other bishops of the region of Antioch a.ttacked the twelve statements of Cyril, especially the third, which seemed to teach only one nature in Christ. When everyone seemed, drugged-with anathematisms; the Emperor Theodosius II con, yoked a general council to be, held at Epl~esus in Asia Minor, on Pentecost Day,~' June 7, 431. Ma~t, 1944 WE SALUTE THEE, ~ICIARY, MOTHER OF. GOD Ephesus is today a miserable village on the-west coast of Turkey, not far from the Italian naval base at Rhodes. But in Roman times, it bore the pr6ud sobriquet, "The Torch of Asia." One of the chief ports of. the Levant, it was the center of the cult of Diana in the days of St. Paul. Recall the riot recorded in the Acts, when the streets rang with the cry, "Great is Diana of the Ephesians." From a pagan stronghold it became by the third cen-tury a populous Christian city. Here St. ,John lived in later life. Here sprang up a great devotion to the Mother of God, supplanting the worship of the pagan goddess. To the main church of the city, dedicated to Mary, the bishops were making their way in the spring Of 431. The Council Convenes Since the Antiochean prelates had not arrived by June 7th, the opening of the Council was delayed. On ~he 22nd Cyril opened it, though the Papal Legate and the Patriarch of Antioch were still on the way. This seemed a high-handed act on the Alexandrian's part, for he had no com-mission to preside over the Council. Perhaps he extended hi~ powers as commissary in the indictment of Nestorius. The Acts of the Council record that two bishops, both bearing the name of Alexander, one from Apamea, the other from Hierapolis, had come from John of Antioch to tell Cyril to wait no longer. Yet these same two, along with sixty-six others, personally voted against the opening of the Council in the absence of the Syrian bishops. Nes-torius refused to recognize the jurisdiction of this incom2 plete number, and consequently would, not appear or put in any defence. Yet the first, meeting was held. A crowd of Ephesians g~ithered outside the Church of Mary as the sessions opened. Would Nestorius be con-demned? Would the popular app+llation of the Virgin be 179 W. 'B. FAHERTY '~: ' approv~O.~"~ C~rril, ,whom the Acts Of the Council describe as ".holding the.place of the most holy Celestine, Bishop of the Roman Church" (Mansi, IV, 1123);. presided when the ~ase of Nestorius was discussed. Various pertinent docu-ments were read, and a vote taken.'One hundred and ninety-eigh.t bishops subscribed to the condemnation. The setting sun, had reddened the waters of the Ionian Sea and the quiet .of evening wrapped the city be'fore the first long sessi6n was over. When the bishops filed from the Church, the word of the condemnation spread lik~ elm leaves in autumn among the expectant multitude. Where once rang the ~ry, "Great is Diana of the Ephesians," the shouts of "Theotokos, Theotokos" reechoed in honor of Mary, the Mother of God. With a thousand flaming torches, the Ephesians led the Fathers of the Council in tri-umph back to their temporary residences. A few.days later the papal legates arrived with a defini-tive letter from Celestine. The assembled prelates Were merely to promulgate the decision already made against Nestorius and make it universal. In the third session (2uly lst)the Roman legates confirmed the measures taken. With this the doctrinal work of the Council was a.lmost at an end. ¯ Several trying weeks, were to elapse before the adjournment.-During this interval Cyril preached the sermon in which he spoke the words of our title. Nestorius was deposed from his see in October of the same year, and a moderate prelate, Maximinian, succeeded him. Thus e~ded the Theotokos cgntroversy. For all time it was settled that the universal brotherhood of the-Chris-tian people could salute Mary as the Mother of God. 18o Who Is This Rodriguez? Augustine Klaas, S.J. AUGUSTA Theodosia Drane, the future Mother Francis Raphael, gifted writer and Provincial of the Dominican co.mmunity of Stone, England, tells in her memoirs of her first meeting with Rodriguez. She was about twenty-five at the time and still an Anglichfi. "One day in Mr. Maskell's library I stumbled on three volumes in dark green cloth, the title of which took mY fancy 'Religio.us Perfection.' I carried them ~0ff. It was Rodriguez. A girl of sixteen reading .the Waverley novels for the first time would be a feeble comparison. Better was .this than any conceivable novel, for here at last I found reality. It was precisely what I wanted, what I had always felt the want of: and I Used to cry out, 'Oh if I had only had this bbok at fiftee.n, what a different being I should have been!'~.Imp°ssi'ble not. to be a glutton over these books. I read them by davy; I'read them by night; I read them aloud to my sister, who .was vexed with my enthusi-asm and did not relish the Fathers of the Desert; and When she objected, I walked down to Petit Tot and read them there. I went right through them in a week, and then I be-gan again, and went right through them a second time. If I ever hear depreciating remarks about Rodriguez, as if he were an old fogy, I feel as if I could slay anyone who does not lo;~e him as I do! I think he saved my faith." (A Mere-. oir; edited by Bertrand Wilberforce, O.P., p. 51.) Most religious, perhaps, have not felt the initial impact of Rodriguez' spiritual classic quite so acu(ely as this Angli~ can young lady. At least they have not expressed .them-selves nearly so enthusiastically. Yet, it must be admitted 181 AUGUSTINE KLAA$ that the work of Father Rod/iguez is one of the all-time spiritual best-sellers, and certainly, after "the Spiritual Exercises,;. the most influential spiritual book written by a Jesuit. It has formed and molded tens of thousands df ~eligious, priests, and layfolk for three hundred years and in importance has been placed by discerning critics immedi-ately after the Imitation of Christ, alongside such notable works'as Scupoli's Spiritual Combat and'Francis de Sales'. Introduction to a Devout Life. Pius XI in 1924 addressed to the major superiors of all religious orders and congrega-tions of men an Apostolic Lette.r, in which referring to the training of novices, he says: "Most useful to read through and study will be the writings of Saint Bernard, and of the Seraphic Doctor Bonaventure, as also of Alphonsus Rodriguez . Their power and efficacy, far from failing and being weakened by lapse of time, seem today rather to have increased." (AAS, XVI, p. 142) Who, then, is this Rodriguez? : The Man Alphonsus Rodriguez, unfortunately, has always suf- ¯ feted from the petty annoyance of mistaken identity. And no wonder, since some thirty-five Jesuit writers bear the name of Rodkiguez, four of these prefixing Alphonsus. 'Most frequently he is confused with the Jesuit lay-brother, Saint Alphonsus Rodriguez, who was his contemporary and also a spiritual writer. It is worthwhile, therefore, to set things right by sketching the main events of his life, about-which there is almost nothing in English, and also to add a few interesting details about his great spiritual book. For an account of his early year~', two documents, signed by himself, are of special value. The first is a statement 1~82 Ma~ , ! 944 " " WHO I8 THIS RODRIGUEZ? written by him in the third :person when he was received.:.as. a Jesuit novice in Salamanca:- "He was examined by Father Rector, July 141 1557. Native of--Valladolid, 19 years old, son of Doctor.Rodri-guez and. I)ofia Maria Garcia; a student, has done two years of theology; has profited, greatly from his studies. Signed: Gonzfilez Alonso .Rodrlguez. J In the margin occur these words: "He has.received the tonsure." ¯-Four and a half years later, in January 1562, Alphon-sus, then a Scholastic, filled out-a questionnaire for the Jesuit Visitor from Rome,. Father Jerome Nadal, in which¯ he gives us acandid.portrait of himself (Monttrn.entaS.d.; Nadal, Tome. II, pp. 532-533) : " "My name¯is Alonso Rodriguez. -- Three months from now I shall have completed my 24th year.x , -- I am from old Castile.and V-alladolid. m My parents-are living: -- They have sufficient to support them. --. I have two sisters who are nuns, and four brothers: one.is a monk, another is a priest. , the other two have. almost nothing~ except what their parents may leave them .,. neither is married. " -- I have no debts or obligations, .excepta half-real. which I found and. though knowing to whom it belonged, I did not return it ;.now I have nothing, and even. if I had anything, it seems I could not return it.-- In the world I was devout and given to prayer and almsgiving; and so I prayed a lot, but I did not often frequent the.sacra:. ments, nor did I know anything about mental prayer.-,- I made a vow to be a religious or a monk " On account: of my vow and desire to serve God, .I entered the Company without any consolations., four and a half years ago . . ~ It is a year and a half since I took the vows. ~ Once I XHence, Alphonsus Rodriguez was born in 1538, and, not in 1526, as is stated in Father Rickaby's English edition and elsewhere.' 183 AUGUSTINE KLA~$ Review/or Religious made:the exercises of the First Week for eight or~ nine days. -- I have served in the lowest'offices of the house, made a pilgrimage, served" in hospitals., taughtcatechism. - "I desire to persevere until death in the Company and, with the grace of the Lord, to Obey in all things, no matter how difficult and hard they may be, and to keep the rules very perfectly,, as something in which my perfection con-sists. I desire very much to undergo all the mortifications and experiments of the Company, as though I had just recently entered it, and I desire my superiors ~to take great care to mortify me, because I need it very much, since I am very remiss in mortifying myself . On the other hand, Our Lord gives me promptness to obey in all things . . . Particulaily do I wish to be instructed in prayer .(about whichI am very ignorant) in order to know how to make further progress. -- Wherever the greater service of God our Lord may be, thither am I inclined to go; even though it be to the confines of the earth, I shall go there with good will; and I desire to be able and capable of undeitaking difficult and great things with the div.lne favor. -- Sala-manca, January 15, 1562. Alonso." ¯ Questioned about his studies, he adds: "I have studied thirteen years: five of grammar and three of arts in Valla-dolid, and am now studying theology for the fifth year in Salamanca. I have been thought to be very healthy through-out my studies. I have an inclination for studies, and especially, for theology. But I have little talent for them, especially for metaphysics. Memory is poor and intelli-gence likewise. I know very little about anything, but it seems I know more theology than anything else. I am a bachelor of arts." Obviously Alphonsus.was a young man of high Spir-itual objectives coupled with a humble estimate of him-self. This depreciating inventory of his talents and virtues, .184 May, 1944 WHO Is THIS RODRIGUEZ? however, was not accepted by his. superiors, for after his studies and ordination to the priesthood he was immedi-ately made master of novices in Salamanca at the precocious age of twenty-five. And the records of the time note also that he was "very skillful in solving cases of conscience:" Three years, later, in 1~566, Father Rodriguez left the novitiate at Salamanca for the joint college and seminary at M0nterrey in Galicia, where he taught moral theology in the seminary. Certain little moral treatises written during this period were highly esteemed by Father Thomas San-cbez, the distinguished Jesuit moralist, who made use of " them in his own writings. R.odriguez wasalso rector of this institution of some eight hundred students for six years (1570-1576), and, despite his many duties as rector and professor, f?equently preached "with some ability," heard confessions, and taught catechism in the town's ¯ environs. In 15 79 we find him. in his native cit.y of Valla-do! id, engaged in the Works of the ministry and solving cases of conscience. He remained there for six years. In 1585, by special Order of Acquaviva, the Father General, Rodriguez was sent from his own province Of Castile to that of Andalusia"to be rector and mas[er of novices at the famous college and novi'tiate of .Montilla. He was sent as a troubleshooter to solve some peculiar diffi-culties ~involving the training of young religious. His own provincial superior, Father Villalba, was loath to let.him- .go! "In very few men are so many qualities found together: It is truly a considerable loss for our province. He is very learned, an excellent religious, and made for training young religious in spiritual life and devotion. Of that we have no less need in Castile than in Andalusia." (Astrain, Historia IV, p. 745) On the otherhand, the success of his work at Montilla can be gaged from a letter written two years later to the 185 AUGUSTINE KLAAS Review /:or Religious General by the Andalusian Provincial, Father Gil Gonz.~- lez Dfivila: "One finds there the true formation of the Company and the real way. of training novices . Those who come from" it live according to the true religious spirit, the spirit, of obedience and abnegation, and are. distin-guished for these virtues? To my mind, the best present that Your Paternity has made tb our province . has been to call to it Father Alphonsus Rodriguez; and I hope that if the Fathers of the. third probation pass through his hands, the fruit will be still more precious . '~ (Astrain, ibid, IV, p. 745) Another n~ark of confidence was shown ¯ him when he was chosen to represent the Andalusian prov-ince at the Fifth General' Congregation of his order, held in Rome in 1593. This Congreg.ation put an end to those internal difficulties of the Spanish Jesuit provinces-for .the solution of which Father Rodriguez had labored with such consummate prudence and ability. Five years later Rodriguez left Montilla, having been appointed a general inspector of the Jesuit-establlshments in the province of Andalusia. That done, he.was in Cor-dova the following year, hearing .confessions and giving retreats, and there he remained for eight years, until 1607, when at the age of sixty-nine he once more took up his old duties as master of novices, this time in Seville, and added to them the duties of spiritual father of the community. This was to be his last appointment. During the final two years of his life he was plagued with ill-health and the infirmities of age, so.much so that he could no longer offer up the Holy Sacrifice of the Mass. Then, on-February 21, 1616, "after having received all the sacraments with full consciousness and with such serenity that he seemed rather to sleep than to die," he quietly passed away at the goodly age of sev2 enty-seven years and ten months. Father Alphonsus Rodriguez was an exceptionally 186 .7 May, ,1944 WHO IS THIS RODRIGUEZ? well-balanced character--not brilliant, but prudent, reli-. able, and stead~: Father Nieremberg, who knewhim well, describes him as "affable, thoroughly saturated with the charity of Christ, without a trace of bitterness or sadness; a faint, gentle smile on his countenance." He was much given to' prayerful retirement and perhaps for that reason was som. ewhat timid in meeting externs, He was notwhat we call today "a contact man." "I do nol~ know how to dea! or observe the amenities with e~:terr~s, as my duties demand," he wrote humbly to the General. And Father. GonzMez, the Andalusian P~ovincial, mentions in an offi, cial letter the ."timidity of the superior'.' and ',his emba'~- rassed mannerisms," but adds that this difficulty can be remedie~d by having recourse to ~ther Fathers--and he might have added that the suppl3; of such is usually plen-tifui. : Nevertheless, despite this annoying h~indicap, he was a capable superior, demanding an exact account of what was being done and giving orders so precise that "he seemed. thoroughly attentive to each detail withoutany distrac-tion." His decisions once understood and their carrying out assured, he gave himself heart and soul to the spiritual direction of his novices and subjects. Here he was the mast ter perfectly at ease. In an unobtrusive way, he was a man of constant prayer, mortification, and meticulous observance of rule. When h~ was told that his austerities might shorten his life, he made the disconcerting, but very discerning reply, "An unmortified religious man. is already dead." His own religious brethren do not seem to have been too much aware of his more than ordinary sanctity, for when the 3esuits of Madrid were officially proposing to a certain prelate of the Rota the beatification of Rodriguez' fellow-townsman and contemporary, Father Luis de la Puente, the great author-° 187 AUGUSTINE KLAAS "." Review [or Religious ity on prayer, the prelate exclaimed: "Good! but why not make the same recommendation for the saintly Father Alphonsus Rodriguez ?" His Book At what period of l~is life did Father Rodriguez write his Practice of Perfection and Christian Virtues? The bulk of it was written and delivered as exhortations during the thirteen years he was master of novices at Montilla. 'At the bidding of superiors, he arranged the material and improved it during his stay at Cordova, and finally published the first edition in 1609 and the second in 1611 at Seville. ~During the last year of his life, though suffering greatly -from his infirmities, he revised the whole work for a third edition. :. When he was informed on th~ Feast of the Puri-fication, 1616, that the printing of it was completed, he folded his hands and said. cheerfully, "Now thou dost dis- .miss thy servant, O Lord, according to thy word in peace" .(Luke 2:29). Two weeks later he was dead. The book has gone through more than fifty editions in Spanish, and has been translated in.to at least twenty lan-guages, including Arabian, Tamil, and Chinese. Among the French translations we find one made by the Jansenists in 1673, in which the.y secretly inserted their erroneous doc-trines on grace. ¯ The first English version was ¯published between 1697 and~ 1699, the translator being none other than Sir John Warner, Baronet, of Parham in S{affolk, otherwise known as Father John Clare, S.J. He is an interesting pe.rsonage. With his young wife he was converted to the true faith and both decided to become religious. She became Sister Clare of the Poor Clares of Gravelines; he.became a Jesuit. They made their solemn profession on the same day, August 15, 1667. Subsequently he became procurator, and later 188 Ma~l, 1944 WHO IS THIS RODR~GUEZ? provincial of the English Pro;cince, but spent most of his life as master of novices and spiritual father at the English novitiate at Warren, Belgium. It was there towards ~he end of his life that he made his translation through the medium of the French version of Abb~ Regnier des Marais,. and saw it through the nearby press of St. Omers. Father Joseph. Rickaby, S.J., the most recent English translator, made some use of it, for he notes in.his preface: "it has cost the present translator a world of toil and trouble. In my veneration for the quaint old seventeenth century version, still read amongst~ us, I endeavored to base my work upon that, instead of doing what I was ultimately forced to do, translating straight from the" Spanish." Practice of Perfection .and Christian Virtues is prima-. rily and .almost exclusively an ascetical, not a mystical work. To criticize it unfavorably, as some have done in recent years; for not discussing mystical prayer at length is unfair. Such was not the purpose of the book. Its author's principal aim was the training of young religious; accordingly, being a man of prudence and common sense, and a go6d pedagogue, too, Rodriguez adapted his teaching on higher prayer to the limited capacity of his disciples, who were mostly beginners in the spiritual life. He is not "anti-mystical.''~ The work deals not so much with the theory of asceti-dism as with its practice. The author.says that he.put the. word Practice in the title because "things are treated in it ih such a .way as may render their practice, very easy." Nor is the subject-matter discussed comprehensively in all its details: "I have laid before" you, as clearly and briefly as I was able, such things as are more essential and more corn- 2To cite but one eminent authority: Father Herbert Thnrston writes in The Month (Vol. 154~ p. 425) : "There can be no question that Father Rodriguez recognized and extolled the higher prayer." Cf. Rodriguez, Practice Vol. 1, pp. 254, 255, 262. 189 AUGUSTINEKLAAS " Revle~v for Religious mort to our profession." However, this practical, limited scope does not on .that account place his spirituality on a low plane. Rodriguez seeks to lead religious.to the highest sanctity by faithfulness to duty in little things, byperfect performance of ordinary adtions, by unremitting purity of intention, by habitual and ever closer conformity to the will of.God. He endeavors to form religious of sustained prayer, m6rtification, apostolic zeal, °and all the virtues; and he points to the loftiest exemplars, Christ and His saints, for "to attain to perfection, one must fix his eyes on what is highest and most excellent." And who will say that he has not succeeded? ¯ The principal sources of Rodriguez' doctrine are Holy Scripture, the Fathers of the Church, and the great spir-i. tual masters of the.past, with a particular pr, edi!ection for those stal~carts, .the religious of the desert. Among the ¯ most frequently .cited authorities are Saint Augustine (271 .times), Saint Bernard (2.5.8 times), Saint Thomas Aquinas (86 times),., and Cassian. ~is. .p.Huries . Ccoasmtilpiaons aitnido nab iosv de ethaer .oa.nrddi n.amrYet~h .0i.dni lcia.t!e:r ahriys~la mnegruita,ge ~hough somewhat .prolix. He has imagination and a ,ki, ndly humor--'.'pepper and¯salt," as one.writer says. For examp!e~ he says that a religious who jumps h, astily a.nd light!y from virtue to x~!rtue is "likd a cat w.~lking on hot coals." I.n addition, all will agree that Rodriguez has an indefinable unctionall his own. " 0fcourse, A!phonsus Rodriguez is. by. no means the perfect author. In his knowledge of things scientifiC, his-torical, and hagiographical, he is a man of his times. He considers certain apocryphal works authentic; too often he copies his sources at second hand; he draws ~considerably on the uiapublished exhortations of his Provincial, Father Gon-zfilez D~ivila, without giving him due credit. A few points 190 Ma~t, 1944 WHO IS THIS RODRIGUEZ? of his doctrine can be legitimately contested and evem impugned. Some of his examples and anecdotes are con-sidered today to be lacking in good taste: many'of, these have been excised in recent editions. But, after all, these. are only minor flaws in an author whose work is a master-piece of spiritual writing, that has successful"ly stood the test of time, and that even.with readers who are more than" ordinarily critical and exacting. It is today the most widely used spiritual textbook .of religious .the world over. A definitive critical edition would indeed be Very Welcome: Many witnesses could be Cited to proire the value and popularity of Rodriguez. Forexample, Father Faber calls the book "an inestimable treasure of the Church." Found-ers and foundresses of religious congregations have been especially lavish in their praises. Our own Mother.Chbrini drew up a list of five books as constituting a sufficient, spir-itual library for her congregation. They are: the Imitation ¯ of Christ, the St~irituat Exercises; the Religious in Solitude Of Father Pinamonti, S.&, the :Bride o[ Christ Of Saifit Alphonsus Liguori, and thePractice of-AlphonsusR0dl!- guez. Saint Alphonsus. Liguori and Saint John. E~dgs. often recommended~ the. Practice. Let Saint Vincent de Paul; the founder of the Lazarists, be our last witness.~, In an instruction to his.religious icongregation dated May: 17, t 658, accompanying the book of Rules he was sendiiig,: he exclaims: "'O Lord, who hast bestowed such blessings~ .on .many books, for example, on the"one we are now re, adihg - at table, so that well-prepared souls migh~ reap .therefrom considerable fruit, in order to free themselves from their faults and go forward in perfection, grant, O Lord,. th) blessing on this our little book . " Father Pierre Coste, the saint's official biographer, says that the book being read at table was none other than the Practice of Per-fection and Christian Virtues by Alphonsus Rodriguez. 191 Two Hymns t:o Mary Francis N. Korth, S.J. SEVERAL mon.ths a'go a reader of REVIEW FOR RELIGIOUS'wrote to the editors for information concerning a hymn beginning with the words, "Te Matrem." As the editors had no definite information to offer, they addressed the question to the other readers (cf. Vol. III, p. 70). In answer to this request a large number of letters w~re received. These letters carried a great deal of interesting information concerning two hymns to Mary, Te Matrem Dei Lau-damus and Te Mariam Laudamus. The present writer has collated the' information and digested it into the following paragraphs. The hymn Te Matrem Dei Laudamus, often referred to as the "Canticum. S. Bonaventurae," adapts the canticle Te Deurn to the praise of Mary. It is usually printed at the end of five psalms in honor of the Blessed Virgin Mary, each of which begins with a different letter of the word "Maria." St. Alphonsus Liguori, busy as he was, frequently said these five psalms. For several centuries after the death " of St. Bonaventure (1274), the great 'Franciscan theologian' 'and Doctor of the Church, the Te Matrern was attributed to him. It is found in the early editions of his Opera Omnia, either as a separate canticle or as part of the" Psalterium Majus B.V.M: It is not found, however, in the latest and most critical edition (the Qu~racchi edi-tion) Of St. Bonaventure's worksY Fr.Gallus Haselbeck, O.F.M.,in his Seraphiscbe Marienrninne remarks in substance that, while St. Bona-venture wrote poetical works, there is no poem on the Blessed Virgi.n that can really be proved to be ~is work. (See also J.H. Sbaralea, 8upplementum et Castigatio ad Scriptores Triurn Ordinurn S. Fran-cisci,' Romae, Editore Nardecchia, 1908, Pars. I, p. 1640 It seems that the Te Matrein Dei Laudamus was composed for the Great Office of the Blessed Virgin. This Office never gained uni-versal "recognition and has not become a part of the' Liturgy of the Church. However, the Te Matrem itself has'been used extensively at various times for p.ublic and private devotion. Venerable Vincent Pallotti, founder of ~the Pious Society of' Missions, propagated it through his books and.used it for May devotions. Several of our corkespondents told us about anothe'r hymn, Te Mariara Laudamus, similar to the Te Matrem. The Te Matrera 192 1944 Two HYMNS TO MARY has 44, 45, and 46 verses respectively in the three available Latin versions (all have the same thoughts with a few divergent verse-arrangements) and 43 verses in the two Engli.~h translations at hand.1 This hymn (the Te Matrem) is an almost literal transposi-tion of the thought of the Te Deum, with the exception of 14 extra vers~s (all beginning with "Tu" in the appended Latin text) inserted in the middle of the canticle. Aside from this inseition, the Te M~trern is a closer parallel'of the Te Deum than is the Te Mariam. The latter, however, with its 30 verses in the Latin (29 in the Eng-lish), comes closer to the length of the T'e Deum. Might this prac-tical identity in length have been the reason for the origin of the Te Mariam? At any rate we are told by one reader .that the Te Mariam is an abridgement of a much longer hymn (the Te Matrem) attributed to 8S. Augustine, ~Ambrose, and-Bonaventure in $chiitz, Su'mma Mariana, IL 310. Father William d. Chaminade,~Founder of the Society of Mary, included the Te Mariam in the Manual of the Servant of Mar~/, a book of prayers and hymns which he corn-- piled for the godalities of the Immaculate Conception at Bordeaux, France. This M~nual was printed in 1820 or earlier. In a copy of the Manual it is stated that Father Chaminade took the Te Mariam from one of the then current. French Antiphonaries. Anotl~er cor-respondent writes that "the Te Mariam is sung in places of pilgrim-age of the B.V.M., at least in some basilicas or places of pilgrimage in France." The Te Mariam is found in the Formular!l of the Society~ of Mary. Separate leaflets are printed at Maryhurst Normal, Kirk-wood, Missouri. At Marynook Novitiate (Society of Mary), Galesville, Wisconsin, "they also have the melody: it is really the . melody of the Te Deum laudamus adapted to the words and phrases of this Marian hymn." A variation of the Te Mariam can be found in The Reign of Jesus through Mary---On True Devotion to the Blessed Virgin according to Blessed Grignion de Montfort, Founder of the Com-pany of Mary. This book, composed in, French by Father G. Denis, S.M.M., was translated into English by'.Father A. Somers, S.M.M., and published in 1926 by Burns, Oates, and Washbourne, ,London, England. To conclude briefl~r: the Te Matrem dates back to the thirteenth 1A version of the Te Matrem under the heading, "CaCti urn Sancti Bonaventurae.". was copied thirty years ago from a Latin bo6k in honor of our Lady; the copyist tells us it has 48 verses. 193. FRANCIS N. KORTH, S,J. Review for Religiot:s century at least;, its authorship is unknown. It is not part of. the liturgy of the Church, but has been used for public and private devo-tions by various groups. A similar but shorter hymn, Te Mariara, has been in use since at least the early part of the nineteenth century. Te Matrem Te Matrem Dei laudamus: Te Mariam Virginem profitemur. Te" aeterni Patris Filiam: omnis terra veneratur. Tibi omnes Angeli et Archangeli: Tibi Throni et Principatus fideliter deserviunt. Tibi omnes Potestates et omnes Virtutes coeli coelorum: et universae Dominationes obediunt. Tibi omnes Chori: Tibi Cherubim et Seraphim exultantes assistu'nt. Tibi .omnis angelica creatura inces-sabili voce proclamant: Sancta, Sancta, Sancta Maria Dei Genitrix, Mater et Virgo. Pleni sunt coeli et terra: maiestatis gloriae fructus ventris tui. Te gloriosus Apo~tolorum chorus: ¯ sui Creatoris Matrem collaudat. T~ beatorum Martyrum coetus cahdi-datus: Christi Genitricem glori-ficat. Te gloriosus Confessorum exercitus: Trinitatis .Templum appellat. Te sanctarum Virginum" chorea amabi- 'lis:. k, irginitatis et humilitatis ex-emplum praedicat. Te tota coelestis curia: Reginam honorat. Te per universum orbem Ecclesia invocando concelebrat: Matrem divinae Maiestatis. Venerandam te veram Regis c6elestis puerperam: sanctam quoque dul-cem et piam. Tu Angelorum Domina: Tu Paradisi Ianua. Tu Scala: regni coelestis et gloriae. Tu Thalamus: Tu Arca pietatis et gratiae. We praise thee, 0 Mother of God: and hail thee, Mary, ever Virgin. The whole world venerates thee: as daughter of the eternal Father. Angels and Archangels, Thrones and Principalities: faithfully serve thee. All Powers and Virtues of heaven: all Dominations obey thee. Before thee all the angelic choirs: the Cherubim and Seraphim wait on thee with exultation. With unceasing voice all angelic crea-tures proclaim thee: Holy, Holy, Holy Mary, Mother of God. Mother and Virgin. The heavens and the earth are full: of the glorious majesty of thy Son. With One voice the" ~lorious choir of Apostles: praises thee as the Mdther . of their Creator. T.he white-robed host of' martyrs: glori-fies thee. as the Mother of Christ. The glorious army of Confessors: names thee the Temple of the Trinity. The lovely company of holy Virgins: prolaims thee as the model of virginity and humility. The entire heavenly court honors thee as Queen. Throughout the entire world ~he Church pays honor by invoking thee: as the Mother of Divine Majesty, Venerating thee as the true "mdther "of ¯ the Heavenl~ King: holy, sweet~ ~ind loving. Thou art the Queen of Angdls: and the Portal of Paradise. Thou art the Guide: to the Heavenly Kingdom and its glory. Thou art the bridal chamber and the covenant of mildness and grace. 194 May, 1944 Two HYMNS TO MARY Tu Vena misericordiae: Tu Sponsa, et Mater¯Regis aeterni. Tu Templum et Sacrarium Spiritus Sancti: totius Beatissimae Trini-tatis nobile. Triclinium. Tu Mediatrix Dei et hominum:. Ama-trix mortalium, coelestis IIlumina- ¯ trix. Thou art the Channel of Mercy:" Spouse and Mother bf the eternal King. Thou art the temple and shrine of the Holy.-Ghost: the tabernacle of the Most Blessed Trinity. Mediatrix between God and man: lovei of mortals, our heavenly enlightener. Tu Agonizatrix pugnantium. Advocata." Thou art the Inspirer of warriors: pauperum: Miseratrix et Refugium peccatorum. Tu Erogatrix munerum: Superatrix ac Terror daemonum, et superborum. Tu.mundi Domina, C6eli Regina: post Deum sola spes~:nostra. Tu Salus Te invocantium, Portus naufragantium: miserorum Sola-tium, pereuntium Refugium. Tu Mater¯omnium Beatorum, Gaudium plenum post Deum: omnium super-norum civium Solatium. Tu Promotrix iustorum, Congrega-trix errantium: Promissio Patriar-charum. Tu Veritas Prophetarum, Praeconium, et Doctrix Apostolorum: Magistra Evangelistarum. Tu Fortitudo Martyrum, Exemplar Confessorum: Honor et Festivitas Virginum. Tu ad liberandum exnlem hominem: Filium Dei suscepisti in uterum. Per Te, expugnato hoste antiquo, sunt apert.a fidelibus gegna c"oelorum. Tu cure Filio tuo iedes: ad d~xter~m Patris. Tu [psum pro nobis roga, Virgo Maria: Quem nos ad iudicandum credimus esse venturum. Te ergo poscinius nobis tuis famulis subveni: qui pretioso sa~nguine Filii tui redempti sumus. Aeterna fac, pia Virgo: cure sanctis tuis nos gloria numerari. S~Ivum fac populum tuum, Domina: ut sirens participes haereditatis Filii tui. E~ rege nos: et custodi nos in aeternum. Per singulos dies: O Pin, Te salutamus. ¯ the advocate of the poor, and the compassionate refuge of sinners~ Almoner of Heaven: conqueror and ter-ror of demons, and of the haughty.-. Queen of Earth and Queen of Heaven: after God, our only hope. Welfare of those who invoke thee: haven of the shipwrecked: solace of the ~retched. refuge of the dying. Thou Mother of all the Blessed, after God their fullest joy: comfort of. all the citizens of Heaven. Thou art the Patroness of the ins_t, thbu gathere.st the wandering: and art the promise of the Patriarch~. Thou art the truth of the Prbphets:" the glory and the teacher of the Apostles and Evangelists. ~ Thou art the strength of Mai~yrs, the exemplar of Confessors: the. honor and joy of Virgins. To frde man from exile, tho6 did~f receive the Son of God in thy~.omb. By thee was co.nquered our enemy of old: and Hea~,en was opened for the faithful. With thy Son thou sitt~st: at the: right hand of~the Father.' Pray for us to Him, O Virgin Mary: ~-: who, we believe, will cgme to. judge us. Wherefore we beg thee to aid us, " " thy. sdrvants who have been re-deemed by thy Son's Preciofis Blood. Help us, gentle Virgin, to be numbered with thy saints in eternal glory. Save thy people, Blessed Lady: that they may partake of the heritage of 'thy Son. Rule us: ~nd p.rotect us for all eternity. Daily we greet ~hee: O 1o~,ing Mother. 195 FRANCIS N. KORTH; S.J. . Et laudare Te cupimus: usq.uein aeternum mente et voce. ." Dignare, dulcis Maria: nun et ¯ semper nos sine delicto conservare. Miserere, pia, nobis: miserere nobis. ¯ Fiat misericordia tua magna nobiseum: quia in Te, Virgo Maria, confidi- IllUS. In Te dulcis Maria, speramus: nos defendas in aeternum. Te decet laus, Te decet imperiu~a: Tibi virtus, et gloria in saecula saeeulorum, Amen. Te Mariam Te dilectam Dei Patris Filiam: omnes angeli pr~edicant. Te 'admirabilem Verbi Matrem: credit inferus et contremes¢it. Te Spiritus Sancti Sponsam: piacu-lares flammae invocant. Te omnes Ecclesiae hill: totis praecordiis exultant: MatRm : immensae miserkordiae, Carissimam sanctae Annae: et unicam Filiam, Dilectissimam a Deo: Josephi Sponsam. Tu vena ~eniae: Maria. Tu slngularis: Mater es gratlae. Tu ad redimendum genus humanum: tuum commodasti uterum. Tu, Gabrieli dato consensu: gaudium peperisti universo mundo. Tu, Regina, a dextris Dei stas: Circumdata varietate, 196 Reoiew £or Religious And with mind and tongue we desire: to praise thee forever. Deign, sweet Mary: to preserve us now and forever free from sin. Have mercy on us, O loving Mother: have mercy on us. Let thy mercy "for us be bountiful: for we trust in thee, O Virgin Mary. ¯ In thee. sweet Mary, do we hope: do thou protect us forever. Praise becometh thee: empire befits thee: to thee be power .and glory forever and ever. Amen. We praise, thee, O Mary: ~a£d proclaim thee immaculate. All sinners have recourse to thee: for thou art their refuge: All Christians: and pious associa-tions with their individual mem-bers, devoutly" acclaim thy Concep-tion. Immaculate, Immaculate, Immaculate: O Virgin Mother of God. There is none who would hide himself from the genial warmth of thy char-ity: for thou art the morning rising. All the angels proclaim thee: as the loved Daughter of the Father. Even trembling hell acknowledges thee: as the admirable Mother of the Word. The Purgatorial flames invoke thee: as the Spouse of the Holy Spirit. All children of the Church: magnify thee in the exuberai~ce of their hearts: As Mother of infinite mercy, As the dearest and only daughter: of Holy Ann, As the Spouse of St. Joseph: and most beloved of God. Thou art, O Mary, the channel of mercy. Thou art the all-excelling Mother of grace. For the redemption of the human race: thou didst accede to the designs of God. And by consenting to Ga-briefs word: thou didst beget joy for the whole world. Clothed in varied beauty, thou stand. est as Queen at God's right hand, Te Mariam laudamus: te Immaculatam confitemur. Te reorum patronam: omnes peceatores deprecantur: Tibi omnes christiani: ,et asceticae congregationes: tibi singuli so-dales in Conceptione tua devote proclami~nt : Immaculata0 Immaeulata, Immaculata: O Virgo Theotocos. Nullus est qui se abscondat a calore tuo: aurora consurgens. May, 1944 Mediatrix ut sis: Dei et hominum. Te ergo quaesumus, nobis subveni: q~ii tuam nominatim illibatam Conceptionem solemniter cele-. bramus. Aeterna fac: angelorumbe~,tltate donari. Protege tuos alumnos: et tuere fasciculum haereditatis tune. Et love illos: et fecunda in oper-ibus. virtutum. Tuis solemnibus congregamur: ad benedicendum tibi." Et extollimus Nomen Marine: super omne post Jesu Nomen amabile. Dignare, per purissimam Conceptionem tuam: nos a peccato praeservare. Ostende pro famulis tuis Filio tuo: pectus et ubera tun, Ut ostendat Patri sUO Unigenitus: latus et vulnera. Nulla erit repulsa: ubi talia erunt carttatts mstgnta. Te decet laus, te decet hymnus: tibi jubilus, ih Conceptione tua Immaculata00 Maria. ab universa creatura. Amen. TWO HYMNS TO MARY In order to be the mediatrix of man-kind. We beseech thee, therefore, come to our help: who with special and solemn cult honor the immaculate purity'of thy Conception. Grant that one day: we may be made partakers of angelic bliss. Protect thy children: and preserve thy little Society,. which is thy heritage. And cherish them: and" make them al~ound in the fruits of virtue. On thy festal days we gather round thee: to sing thy praises; And we extol the name of Mary: above every other name, next to the loving name of JeSus." By thy most pure Conception:. deign to preserve us from sin. In behalf of thy children: show thy loving and maternal heart to thy Son, so that in His turn, thy only begotten Son may exhibit: His side and wounds to His Father. There will b~ no refusal: when such pledges of love .are manifest. Hymns of praise and jubilation are due to thee from every creature: owing to thy Immaculate Concep- - tion, O Mary. Amen. NOTE ON THE SOURCES OF THE TE MATREM: The hymn has been found in an old Community Book of the Redemptorists which bears the date 1860, Other sources (Latin or English) that were indicated in the letters sent to us are: The early editions of St. Bonaventure's Opera Omnia. E.g.: 1584 Venetian edition. Tom. II, pp. 316 ft. Paris edition, Tom. XIV, p. 222b. It is also the 1504 Venetian edition and the 1596 Vatican edition. C'f. above, for the recent Quaracchi edition. Mese Di Mag~io Consacrato A Maria 8antissiraa Regina Degli Apostoli Ad Uso Degli Ecclesiastici, Vincenzo Pallotti. " Regain et Testamentum 8.P.N. Francisci. : ollegit Ft. Hilarius ab Antwe'rpia; Tornaci Nerviorum, 1876. lntroductio ad Vitara 8ecapbicara, auctore P. Ft. Gaudentio, O.F.M. Herder, Freiburg, 1'882. Summa Mariana, J. H. Schlitz, Paderborn0 Junfermannschen Buchhandlung; 1908: II, pp. 310-312. Via Franciscana ad Caelestera Hierusalem, auctore P. Pa~lo a Cr. Laschan. Pustet, 1912. Liber Manualis Minoritae, editus iussu A.R.P. Donati' a Welle,. O~F.M.Cap: Typis Soc. S. dohannis Evang., Desclee, 1931, (Continued on next page) 197 [EDITORS' NOTE: We intended to" publish only letters on retreats in the present number. But after th~ Ma~:ch number went to prdss we received tw9 communica-tions on vocation that we thought should be printed. Hence the present number - contains letters on both subjects. We had to condense some of these communica-tions,, and.we still have some for later publication. More letters on retreats will 'be welcome. Kindly make them as brief as your subject-matter allows. Address then~ to: The Editors of.Review for Religio.us, St. Mary'.s College, St. Marys, Kansas.] On Re÷rears Reverend Fathers: May I submit the following thoughts that came to mind as I read your request for letters on retreats: A. Making a retreat: Experience has .convinced me that. one must put aside the ordinary duties of acti~re life. A change of scene is imperative, espe- .cially. fOi, superiors .and administrators. 2." A "closed" retreat is the only setting.suitable for the in'yard silenc~ .and r&oilection imperative for success. ¯ .3. It is not good policy to cover much readingmatter. What is read should be .th.eologicaHy sound, suited to the. individual, and pro*ocakive of. reflection. ., . 4. A wholesome pr.actice in preparation for retreat is tO xey!ew, pgst r~tre~ts and one'~-!i.fe following them, with an aim of making the present exercises really influential in shaping one's course from then 'onwards: " '.: " Bi. Giving r~kre;i~s: ". . .: . 1. A reverent approach.is the ~nly proper one:.a retreat is the work of God; a work that may mean the salvation Of a soul or "t]~ )nakifi'g c~f a saint. " ": " (Note"continued from preceding page) The Mffror of the Bless6d Virgin Mary and The Psalter of our. Lady, by St. Bonaventure. Trans. by Sister Mary Emmanuel, O.S.B. B. Herder Book Co., St. Louis, 1932. Pp. 294-297. The Catholic Apostolate, published by the Pallotine Fathers, Milwaukee, Wis-consin, Vol. XI, p. 113. (Eng. trans, by the Rev. Jos. Baier.) Deuotion in Honor o~ our Blessed Lady; The Fioe Psalms: pamphlet issued by Tile .International Catholic Truth Society, 405-407 Bergen SL, Brooklyn, N. Y. (It is published by permission of the Redemptorist Fathers.) 198 . :.: . COMMUNIGATION$. ,. 2.The retreat master would .d0. well to avo!d.ipeaking,0f. himself. ¯ , 3. Conferences should be kepton a i~igh plane: deeply and supernaturally spiritual. They should be delivered with simplicity and sinceritg. . - .:. .:. ¯ ,. 4. Retreat m~isters would d0.well to avoid.the .use.of."We." '.'We know," "We realize," "We must," "Yet, we often," and.so forth. Retreatants like to accept the conferences .as coming from God, and the retreat master's identifying himself with the retreatants tends to frustrate their efforts. 5.-Novelties or novel themes should not be used to make an impress.ion, or to convince that the retreat master is "different," or the retreat "different." Sometimes this is done to the" neglec~"of important fundamentals, for'example~hell, obedience,' silence:' " 6. Truths that are old and obvious must be reconsidered in every retreat; and time-worn advice must be repeate.d. ~ . 7.Fresh. presentation is necessary-to draw and maintain interest and attention. .- ~: .:,.~ ¯ " .' APriest : " ~'~! R~)~rend' Father~ i . : '" ' ":""" " .MY .be.st retie~s begin" after"~h~y ~iie"~ohipl~ted. ' Fout'raeiia6rab]~: retreats of mY r~ligi6u~ life: ~i~e' 6nes whi~h,s~and ou for ~me.tl-iing in~'' :rather than ":taking~o~ei~hing .outi" Th~ 'ba~ed on 6ur H61y Rule. " Thh.iekieat 'ifiasker hgd"~en't" for~a coibY,) th~N~iice M~s~ress t61d us, and"made thd Spiritual Effeici~d~ ai3"pl~i dfi:edtiy to our daily; ll; ~s.' Thi'Hbl~;' Rfile became a living:, under.h~s direction. ~ . ' . . ' ' '"" ";~'::':' Anbther father showed ia his conference on the Sacrament of- Penance how very often nuns forget to confess envy:and jealou.sy,and:, to:make their purpose of.amendm.e.nt cen~gr.about love.of neighbor. It: makes one's faults against charity, show in .true.ligh~t. whe'n:.s,h~. confesses the basic, cause, .e:g. envy.S(ill another father he!d~:f0r.th such high ideals of sanctity that "_Christ the Ideal of: th :M0nl~ Marmion is included in. my privat.e spiritual read~ng at. least. ¯once every year since. ¯ . ':. Last summer we l~ad a retreat based on the most.beautiful medi-tations I have ever heard.- The director acually showed us hove.to 199 CoMMuNICATIONS Review [or Religious meditate. I p~ay for him every"day as h bendfactor because h.e has so helped ~y meditation problem. " : i'didn't like a retreat in which we' meditated on the Passion on Easter Sunday because the Exercises put it at ,that time. I didn't like a retreat in Which every meditation began with the sanie formula. "I ha~e never liked '"hell-fire" retreats. I could nevdr be scared intobeing good. I could be converted through 16ve of G~d. I do not like to be "'read at" during retreat. If the director uses notes" I. like to have him look at his audience, now and then. Finally,. thirty-five to forty-five minutes are long enough for any conference. If a retreat master hasn't converted me in a thirty minute. talk, he never will by talking over an hour. A Sister Reverend .Fathers: ,When I make a retreat, I don't like the retreat master to in(ro-duce "novel" things to the~ extent of getting away from-afiy of the old and fundamental truths. And if the retreat master uses the Exercises of St. Ignatius, I like him to bring in the: additions, annota-tions, and so forth, because I think that these help us to understand the¯Exercises and to make a bitter retreat, Also~ I think the explana-tions of the points ought to be short enough to allow the retreatants to meditate for a while by themselves. And I like to have a few little .stories and examples in the explanations of the points, because these lessen weariness and dryness.' Fifi~lly~since you've asked for sug-gdstions-- I believe that most of us who make. retreats are greatly aided if w,e feel that the retreat, master practises what he preaches: A Brother ~everend .Fathers: ' I am living in an infirmary where permanent invalids and some elderly Sistersare housed. For several yea.rs we have had retreat mas. ters who seemed more concerned about having us comfor'table and sympathized'with 'than about stimulating our spiritual lives. But a recent retreat master 'gave us a retreat for normal religious, who should understand "that suffering is basic, to spiritual growth, and~ who, if they understand their fundamentals, should strive to look upon suffering as a privilege in their spiritual lives and to use prayer 200 May, 1944 COMMUNICATIONS and the Uniting of their pains with the Suffering Savior for their own spiritual growth and for Other souls. If any group of religious needs to be stimulated to take their Courage in both. hands and to be willing to struggle bravely "and to fight valiantly, I believe it is the invalided religious. This recent retreat master, helped us. to do just that. Though I" have had devotion to the Holy Spirit for thirty years, it hadn't occurred to me that this is a particularly sturdy, "as well as liturgical, devotion. The retreat master expl.ained it as such; and he recommended it highly' to our sick--to make of us valiant women in our trials, soldiers of Christ, rather than self-pitying children." It gave me much joy to hear this because in my own eleven years of invalidism and hospitalization I have wondered why so many reli-gious look upon their suffering as a tragedy and an" opportunity for sel~-pity. This doesn't seem to be a normal Outlook, especially if one has any knowledge of the suffering which is borne in the world, even in the loveliest of homes. To conclude: From my knowledge of r.eligious, I believe Sisters like a sound exposition of practial truths, a "rousing up" on prin-ciples, a thorough overhauling of their every-day living--always with a definite solution through prayer and the Sacraments. This may sound like a large order; but I give it relatively and in contr"ast to the retreat in which one is left with volumes of theory or pages 9f mysticism. I have no quarrel with the beautiful mystici~sm of the Church. I love it. But women seem so often to become mysti.fied instead of mystical! Perhaps men do, too; I wouldh't know, but I have always thought that they are more apt to keep two feet on the ground. A Sister On Voca'don Reverend Fathers: In response to your invitation to "talk about vocations," we are eager to take advantage of this opportunity tO say something for the vocation to the contemplative life. ¯ Rev. 3oseph.3. Strauss, C.SS.R., in his communication on The Little Flowe~ Mission Circle, states that vocations need encourage-ment. This is particularly true of vocation.s to the contemplativ~ life. When a girl feels a desire to enter the cloister, she knows she is aiming high. She does not fed any too sure of herself, a.lthough she feels strongly drawn to a life of prayer and penance. Now, if she is 201 COMMUNICATIONS Rboieto t~or Relibious told that such a life is too difficult, that it does not accord with the spirit of our age, that it is useless, that she' could do more for God in" an active Order, she begins to doubt that God wants her in the clois-ter. She does not expect her parents to "feel, enthusiastic over her separating herself from them so completely, but .when she is dis-couraged by confessors, former teachers, religious friends on whose good judgment.she has always relied for guidance, the result often is that she enters an active Order where she does not firidcontentment, and very often leaves after a shorter or longer trial. This observation is the result of our,own personal e_xperience,in interviewing those who desire to enter our Order after ileaving an active one, or members of active communities who desire to make a change. We feel that if all those who have felt a desire to embrace our life had been duly encouraged we would not experience a want of vocations. - Poor Clare lquns Reverend Fathers : The letters in yo.ur REVIEW FOR RELIGIOUS concerning rdigious vocations have interested me. I strike my breast on many scores. For example, I have not put religious pamphlets in conspicuous places where young girls seeking information may receive the vitamins to increase or satisfy this hunger. Material about nursing, social work, and teaching is easily obtained, but they see.little about religious life. I hang my head when it comes to bringing up the subject in conver-sation. I wait f6r the girls to question; they wait for the Sister to instruct. The result is that nothing happens. In.'my prayers the petition for more candidates tags at the end of other requests which seem of more immediate importance. Unwillingly and u.nknowingly I m~y have shocked today's youth. They see us at such close range and are quick to criticize any lowering of their ideal. "The world is sO much with us" that it is easy to slip into its mannerisms. Now after accepting my share of the blame, I intend to fortify myself behind a table and say to the regular confessor of°young women, "Father, what about.you?" . You know your weekly peni-tents and afte~ a year or so you know their spiritual progress and desires, their temptations, in the world and their reaction. Some of these girls might be waiting for a suggestion from you that.would bring into being their first thought of a religious vocation for them-selves. 202 Mag, 1944 COMMUNICATIONS Perhaps in today's s.eminary you are instructed not to offer such. suggestions. .If that be the case then stop reading this immediately. I only know that it is because of my confessor I happen to be where I am, and I am extremely grateful for his suggestion of over twenty years ago. His Saturday line was a very long one so he didn't h;ive much time for each indiVidual. Outside of the confessional I didn't speak to him~more than a dozen times, and then only to bid him the time of day as we passedon the str.eet--so the influence came through the confessional. He first advised me to go each week to Confession and his advice was followed. Then one day he surprised me with: "Do you enjoy going out?" "Yes,. Father." "Do you have a good time in a social crowd?" "If I know the crowd." "Do you keep steady compa.ny?" "No, Father." "Will you say a prayer every, day for a special intention?" "Yes, Father.". A few months later he'qubstioned: "Do you know anything about the life of Sisters. "A little, Father." :'Do you think you would like to be one?" "No, Father." "Well, don't let this question, worry you. Say some praye.rs every day thi*t God ¯will let you know His will and that yot~ ~ill have the:strength to follow. I will remember this inten.fion in ~y Masses." ¯ Thus my confessor took 5he initiative and helped me to make: ~he ¯ first few steps toward my "vocation. This seems to me. to be. grand work--one that the regular, confessor can surely do better thhna retreat master or a teacher: In the future I'll .try harder to foster vocations that are so greatly needed but When it comes to bringing up the subject in conversation I think I'll turn to the regular confessor and say, "Father, what about you?" A Sister 203 Book Reviews THE MAN FROM ROCCA SIC;CA. By the Reverend Reginald M. Coffey, O~P. Pp. xi -I- 140. The Bruce Publishing Company, Mil- ¯ waukee, 1944. $1.75. " '~History probably offers no parallel case of a man being so com-pletely identified with wha~ he has Written. St. Thomas very early, poss.ibly even in his own lifetime, became an institution rather than a personality" (pp. 100, 10.1). In a well-conceived attempt to por-tray the human Thomas, the" author of this popularly-written little volume makes use of the legends and scattered data on the saint's life to reconstruct a fair picture of the man behind the Summae. Apart from a number of distra.cting author-to-reader asides and. an occa-sional expression not in the best of taste, the general reader who is l/o.oking for an 'introduction to this thoroughly human .personality will find The Man from Rocca Sicca satisfying fare. Several pages in .the chapters on the "dumb Ox," on Thomas the saint, the man, the preacher live up fully to the high promise of Father Farrell's preface. They stand out considerably above the level of the rest of the book in giving "a humanly touching intro-duction to Brother Thomas." In this day of excellently written biography and of exhaustive research into medieval sources, one looks forward to a definitivd life_ of St. ThomasAthe .religious, the statesman, the teacher and preacher, the champion of truth, the human dynamo, the dominant personality of his time. The'Man from Rocca Sicca suggests the human values that. will warrant special treatment.mL. THRO, S.J. SUBDEAC;ONSHIP: C;ONFERENC;ES ON THE RITE OF' ORDINATION. By the Revere'nd AIoyslus.Biskupek, S.V.D. Pp. xl -t- 301. B. Herder' B6ok Co., St. Louis, 19~44. $2.50. These medita~ion~ are the fruit of twenty years' experience in directing the Ordinandi Retreats at Techny. Father Biskupek quickly realized how rich in lessons for the young cleric was the ordination liturgy, suitable especially to the days preceding the cere, 'mony. Having found nothing in print along these lines, he mod-estly offers his own reflections as "something new in a field that stands in need of more cultivation."~ .204 BOOK R,EVIEWS The idea is splendid~ and worked out with a gentle persuasive-ness that bespeaks the fervor and maturity of its author. An outstanding merit o~ the book is its attractive simplicity. With no display of erudition or subtlety it proposes straightfor-wardly and effectively the clerical virtues which quite obviously link themselves to the sacred text. To some this obviousnes~might appear superficial. We might look for mort of penetration, grandeur, vitality. Two remedies suggest themselves: evidence of wider familiarity with historical and ascetical backgrounds, and a more humanly appealing richness of inspirational stories and actual experiences from the priestly minis-try. "Retreat masters might feel that a psychological analysis of the cleric's obligations is a more suitable framework for 'the daily medi-tations than the random sequence of the ceremonial. But for a daily hour of conference to link the retreat with the ritual looming so bright on the horizon, the comme.ntary is rich in suggestion. ~R. NORTH, S.J. MARYKNOLL MISSION LE'I'rERS: VOLUME II, 1943. Pp. viii ~-k 54. Field Afar Press, New York, 1943. $ .50. Falling bombs! In an instant a life;s work in utter ruins! Amid the terrors of war Maryknoll heroes are saving souls by bringing Christ not only to Chinese, but also to our American service men in China. The Letters give vivid persotial accounts of work ainong the Bhuddists, shopping tours in Kwelin, the strange life at Tibet, mis- "sion schools in war-torn villages. Thi~ second part of this booklet answers the question, "Why send missionaries to.South and Central America?" The descriptions of the sleepy life of the "barracas," the visit of Vice President Wal-lace to the mission in Villa Victoria, the tender devotion of the natives to Mary, the uniq