The Place of Religious in the Apostolate of the Church

THE PLACE OF RELIGIOUS IN THE APOSTOLATE OF THE CHURCH* XTUAL though the problem of the religious state of life as compared to that of the secular priest may be/ this question is not envisioned here; nor do the states of perfection need concern us. We refrain as well from the recent discussions concerning the spirituality of the diocesan clergy. The points at issue are rather the apostolate of religious and, in particular, the conditions in which this apostolate is exercised . In their activites the members of a religious institute, in one way or another, are not subject to the full authority of the local ordinary: he cannot demand of them just any sort of activity; nor are they unqualifiedly subject to his disposition . The problem before us concerns the exemption of religious and of their collaborators in the apostolate. In some way this problem touches upon all forms of religious life engaged in apostolic activity. It extends from the monastic orders exercising a genuine apostolate to congregations of teaching or nursing brothers. The problem is not limited to the religious life; societies of the common life (secular institutes ) enjoy the same kind of exemption. While many of the arguments, examples, and points of application in this essay refer to the sacerdotal life, the total extension of the principles and the universal character of the conclusions should be kept in mind. In what does the exemption of religious consist; what are its traits? We recall first that all institutes of pontifical right enjoy autonomy as to internal regimen according to the terms *Translated by Thomas C. O'Brien, 0. P. from Nouvelle Revue Theologique (March, 1959) 271-281. 1 Conference to a gathering of religious of different communities, Brussels, January 13, 1959. 31.7 318 JEROME HAMER of their own form of exemption, plenary or partial.2 By reason of this legal institution the management of religious subjects belongs solely to their superior. It is he who places them at the service of diocesan authority, transfers them, or changes their assignments. This autonomy, of course, does not extend without qualification to apostolic activity. To exercise the ministry of preaching to the faithful, the canonical mission of the residential bishop is required.3 In the interim between the foundation of the mendicant orders and the Council of Trent, the canonical mission of Regulars came from the Pope through their religious superiors.4 In the case of the Order of Friars Preachers, for example, the mission was conferred through incorporation into the Order.5 Since the sixteenth century, this exceptional privilege has been progressively curtailed . Currently, since the Code, apart from the case of the ministry purely within fully exempt institutes, it belongs to the head of the local church to confer canonical mission. But it still remains true that the local ordinary can exercise his rights solely over religious placed at his disposition by superiors . The exercise of apostolic activity in a diocese is thus indirectly affected by the internal autonomy of religious. What is the purpose of exemption? The maintenance and development of the religious life along its characteristic lines presupposes the self-sufficiency of the superior and consequently a real independence in regard to internal government. "Cf. E. Fogliasso, "Exemption des religieux," dans Diet. de dr. can., t. 5, col. 646-665 (abondante bibliographie); T. Schaeffer, De religiosis ad normam Codicis iuris canonici, 3e ed., Rome, 1940, pp. 789-801. 3 Can. 131!8, 1337, 1338. In his discourse on Dec. 8, 1950, Pius XII stated: "The exemption of religious orders is not in opposition with the principle of the constitution bestowed by God upon the Church: and it is in no way opposed to the law in virtue of which the priest owes obedience to the bishop. As a matter of fact, according to canon law, exempt religious depend upon the bishop of the place insofar as they take part in the fulfillment of the bishop's task and the proper organization of the spiritual care of souls." (A. A. S., 1951, t. 43, p. 28; Doc. Oath., 1950, col. 1671 ; cf. N. R. Th., 1951, p. 180). • Cf. E. Feyaerts, " De evolutie van het predikatierecht der religieuzen...