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Instruction on the Vows of
Stability, Poverty Chastity and Obedience
in the Congregation of the Mission
CHAPTER
VII - CANONICAL ASPECTS OF THE VOWS IN THE CONGREGATION OF THE
MISSION
I. THE NATURE OF THE VOWS
The deepest
meaning of the vows of the Congregation comes from their relationship to
the mission. They exist to promote the evangelization of the poor.
The canonical aspects of the vows try to capture that fundamental insight
of St. Vincent in legal terms .
The Churchs
legislation permits Societies of Apostolic Life to choose the nature of
the bond by which they assume the practice of the evangelical counsels(731:2),
the Congregation of the Mission chose vows(C 3:3). The present Constitutions
describe our vows as: "perpetual, non-religious, and reserved so that
only the pope or the superior general can dispense them."(C 55:1).
The adjective,
perpetual, requires no explanation, but the second qualifier, non-religious,
does need some interpretation. The Code of Canon law defines a religious
institute as "a society in which members, according to proper law,
pronounce public vows, ..."(canon 607:2) A public vow is described
in canon 1192:1: "A vow is public if it is accepted in the name of
the Church by a legitimate superior." In a religious profession, a
candidate offers himself to a community approved as a religious institute
and makes public vows. The superior receives the person as a religious
and accepts the vows in the name of the Church. All of this means that these
vows are made in a religious congregation, approved as such by the Church.
The nature and effects of these vows are determined by the common law of
the Church.
The vows
of the Congregation of the Mision are not public, which means that no one
accepts them in the name of the Church. The juridical concern here is to
distinguish an apostolic institute from religious institutes. The
non-public nature of the vow is not determined by the number of persons
present when a missionary pronounces vows, nor does it mean that the vows
are purely a private matter. The language seeks to separate our vows
from religious vows. In our case, the Church recognizes that the
effects and meaning of the vows are determined by our proper law not the
universal(public) law of the Church.
The fact
that no one accepts our vows in the name of the Church does not mean
that the Church does not approve the vows nor recognize the Congregation.
The Church has given its official approval to the Congregation in
Salvatoris Nostri and to its vows in Ex Commissa Nobis. Rather, it means
that the Church does not approve them as religious vows in a religious institute.
They are approved as another type of vow as defined in the "Ex Commissa
Nobis" and the Constitutions.
Something
would be missing if our vows were only defined in negative terms in relation
to religious institutes. The Constitutions recommend that the vows be interpreted
according to St. Vincent's intention, approved by Alexander VII in
"Ex Commissa Nobis" and "Alias Nos" (C 55:2) The
sources for a positive understanding our vows, then, are the mind of our
founder and the two documents mentioned.
Whenever
he spoke about the vows St. Vincent was very careful to indicate that they
were not religious vows made in a religious order. Apostolic congregations
had only begun to make their appearence around the Seventeenth Century.
Canonical practice and language had not developed to include this new form
of apostolic life. St. Vincent, therefore, emphasized that the vows
were made in a "secular" congregation dedicated to the mission.
His concern was to avoid some of the elements essential to religious life
which would impede the evangelization of the poor. But he also wished to
express in the language of his time the fundamental direction of the Vincentian
vocation as a mission and a call to holiness in and for the world.
The term, "secular", used in our tradition from the time of the
foundation, does not mean that we are diocesan priests living in community;
it means that we are priests and brothers living together in community while
remaining in vital contact with the worlds needs, especially those
of the poor.
The new
canons for Societies of Apostolic Life(CJC 731-746) offer categories which
provide a clearer, more positive framework for understanding the nature
of the CM and its vows. This new law emphasizes the mission of these societies
and gives ample space for developing structures for fulfilling the mission.
Vows made in the Congregation of the Mission, a society of apostolic
life(C 3:1), are vows for mission.
II. INCORPORATION
By incorporation
admitted members adquire all of the rights and obligations expressed in
the Constitutions, Statutes and Provincial Norms. (C 59:2) Full membership
in the Congregation
establishes a permanent, mutual relationship between the confrere who has
been incorporated and the community. The candidate offers himself
to the Congregation in order to participate fully in its life and mission.
The Congregation, in turn, incorporates the member pledging its support.
Incorporation
occurs when, upon request by a member, a major superior gives that
member permission to make vows and the vows are pronounced(C
57:1). Vows and incorporation happen simultaneously, but
are distinct. Properly speaking, it is the superior's permission to make
vows which brings incorporation. Nonetheless, the incorporation
takes effect only at the moment that vows are pronounce.
Incorporated
members have the right to active voice (that is, voting) in the Congregation
(c 60). To enjoy passive voice (that is, eligibility for various offices
and duties), a member must be incorporated for three years and be at least
twenty-five years of age (C 61).
III. ADMISSION TO VOWS
The right
to admit a candidate to vows pertains to:
1. "the superior general, with the consent of his council and after
consulting the moderators of the candidate, for the entire Congregation";(C
56:1)
2. "the provincial, with the consent of his council and after consulting
the candidate's moderators, for his province"( C 56:2)
IV. CONDITIONS FOR ADMISSION TO VOWS
Canon
735:1 establishes the general principle: "The admission, probation,
incorporation and training of members are determined by the proper law of
each society." The universal law
says nothing about the conditions for incorporation or admission to vows
for Societies of Apostolic Life like the Congregation of the Mission.
Although some are not explicitly stated, the following conditions have to
be taken into account:
-that
the petition be made without force, grave fear or fraud(canon 656: 4);
- valid
completion of the internal seminary;
-a minimum
of two years and a maximum of nine years as an admitted member, having
made good purposes one year after entering the internal seminary(C 54:1);
- permission
for vows by the competent superior(C 56);
-the
vows must be emitted in the presence of the superior or a member appointed
by him(C 58:1);
-one
of the formulas in article 58 of the Constitutions or another formula
approved
according to Statute 24 should be used.
Nothing
is mentioned in our proper law about the precise time for the pronouncing
of vows. Traditionally , the vows have been made during the celebration
of the Eucharist(XIII, 285).
V. CERTIFICATION OF THE PRONOUNCING OF VOWS
Vows
and incorporation into the Congregation are not just personal concerns.
The incorporation, which occurs at the time of vows, involves the whole
Congregation and establishes a contract between the confrere and the community.
For that reason, article 58:2 of the Constitutions states that the request
for vows should be made in writing and that there should be a written
attestation afterwards that vows have been pronounced. The same
article requires that the superior general also be notified about the taking
of vows.
VI. DISPENSATION FROM VOWS
The vows
of the Congregation of the Mission are reserved, so that only the pope or
the Superior General can dispense them. The superior general can grant an
indult of departure to an incorporated member for a grave reason and with
the consent of his council. Along with the indult of departure, he can give
a dispensation from vows(C 71). If the member seeking the dispensation
is a priest or deacon, the Superior General may grant it only in accord
with canon 693, upon the clerics finding a benevolent bishop.
The Constitutions
do not mention the grave causes which would justify departure from
the community and dispensation from vows; nor does canon law contain
a norm applies directly to Societies of Apostolic Life. However,
canon 691:1 contains a basic orientation: "One who is professed in
perpetual vows is not to seek an indult to leave the institute without
very grave reasons weighed before the Lord..."
In cases
of expulsion from the community, whether they are automatic dismissals,
as mentioned in C 73, or in the cases mentioned in C 74,
an explicit dispensation from vows is not neccessary, since the vows cease
with the legitimate expulsion. All dismissals require the confirmation of
the Holy See(canon 700). When the decree of dismissal has been confirmed,
itl should be communicated immediately to the member and he should be given
the oportunity to appeal to the Holy See(C75).
With
lawful departure and dispensation from vows all mutual legal rights
and obligations between the member and the Congregation cease. Although
those who are separated from the Congregation have no legal claim for work
done while in it, the community should practice equity and evangelical charity
toward former members(C 76).
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