11 research outputs found
Interdisziplinäre Versorgung des Bauchtraumas beim Polytrauma
Issue 9.2 of the Review for Religious, 1950.MARGH° 15, 1950
Diocesan or PonHfical ? ’Joseph F. Galle.
’Virtue of Faith .... John M~hews
Oh’Controversy ............. ~... Gera[~Kelly
Works:of God Manifest .......... .Dominic Hughes
(;)uesHons and Answers
Book Reviews Communications
Report to Rome
VOLUME IX NUMBER 2
Ri::VII::W FOR RI:::LI IOUS
VOLUME IX MARCH, 1950 NUMBER 2
CONTENTS
DIOCESAN OR PONTIFICAL ?--Joseph F. Gallen, S.J ...... 57
THE VIRTUE OF FAITH IN THE SPIRITUAL LIFE--
John Matthews, S.J ......... 69
OUR CONTRIBUTORS ................. 72
ON CONTROVERSY~ (An Editorial)--Gerald Kelly, S.J ...... 73
SEARCHLIGHTING ~URSELVES ............ 77
WORKS OF GOD MADE MANIFEST--Dominic Hughes, O.P. . 78
FATHER ELLARD’S REPLY .............. 91
COMMUNICATIONS ................. 95
SUMMER SESSION .................. 96
BOOK REVIEWS--
The Mother of the Savior and Our Interior Life; Ignatlan Methods of
Prayer; Little Catechism of Prayer . ~ ......... 97
BOOK NOTICES ................. " . 100
BOOK ANNOUNCEMENTS ............... 101
QUESTIONS AND ANSWERS--
7. Abandoned Wife Entering Religion .......... 104
8. Extending Postulancy, Novitiate, etc .......... 105
9. Postulancy outside Novitiate ............. 106
I0. Dowry When Transferring to Contemplative Order ..... 106
11. Sick Religious and Daily Communion .......... 107
12. Genuflections in,Chapel ............... 108
REPORT TO ROME ................. 108
THOUGHTS ON ST. JOSEPH .............. 112
IN MEMORIAM (Alf’red F. Schneider, S.J.) .......... 1 12
REVIEW FOR RELIGIOUS, March, 1950. Vol. IX, No. 2. Published bi-monthly:
January, March, May, July, September, and November at the College Press,
606 Harrison Street, Topeka, Kansas, by St. Mary’s College, St. Marys, Kansas,
with ecclesiastical approbation. Entered as second class matter January 15, 1942,
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., Gerald Kelly. 8.J.
Copyright, 1950, by Adam C. Ellis. Permission is hereby granted for quotations
of reasonable length, provided due credit be given this review and the author.
Subscription price: 2 dollars a year. Printed in U. S. A.
Before wrltln9 to us, please cons,,It notice on Inside back cover.
Diocesan or Pont:ific l?
¯Joseph F. Gallen, S.J.
THE following pages constitute ~in effqrt to answer two practical
canonical’ questions: (1) should a diocesan congregation "Con-fine’
itself to the diocese of origin? (2) should a’ diocesa’n
congregation become pontifical? These are very. important questions
for many institutes. They are also questions to which angwers can.
be given that are based solely on personal knowledge and espe’ciallT
on personal preference. Such knowledge can be inadequate and the
preference can be very subjective. Therefore, I l~ave tried to avoid
mere.personal opinion and to base the answers primarily on the mind
and ’v~ill of the Holy See and secondarily on the opinions that com-monly
exist in the Church as found in approved authors.
~" I. DiSti~’~tion of Defi’nition between a Pontifical and a ""
Diocesan Congregatiqn~ . ... :,~..,
It is by no means unusual to encounter the mistaken opiniqfi.th, a~
a, diocesan religious institute is one that. is confined to a particul.ar.
diocese and a pontifical institute one that has houses in seve.ral di0,-
ceses. These false definitions are deafly excluded by canon 488, 3°:
"’institute app~ou.ed bg the Hqlg See. (Religio iuris pontifical), ~every
institute which has obtained from. the Apostolic S~e either ~p~r.o..-’.~
ba~ion’~o~’i.a.t, leas.t.the decree of commendation (decretur~,’l~udis)t;i
Diocesan Institute, an institute erected by Ordinaries, which ~has ~not
y~.t:.o."bthined this" decre~ ofcommendation.". Thu’s the diStinCtiOn
between a pontifical and a diocesan congregation has in itself nothing
Whatever to do with territorial diffusion; it is based sblely on the
p~es.ende or’absbnce of approval by the Holy See. We shall see tha~ a
diocesan institute is also destined to spread to many dioceses, and
d~ffu~ion~ to’. rrian~r diocese~ is only an ordinary, not ari absolfitel
prerequisite for obtaifiing papal opproyal. In actual fact there are
diocesan;. congregati6ns in the United ’States that haCce spread to
several dioceses., It is equally true that some pontifical congregation~
in~thi~ c6dh~ry are confined to one diocese.
~All religious orders are pontifical institutes, since the approbation
of ’an order is reserved to the Ho!y See. Ther?fore, institutes such as
those of the Carmelite Nuns, Dominican Nuns, Poor Clares, Sacra-mentirie’Nuns,
and Visithndines are pontifical. A religi0ds order is
57
JOSEPH F. GA’LLEN Review for Religious
¯ an institute whose particular law pr~scribes that at least some of the
subjects at least should take solemn vows (can. 488, 2°). The hope
of clarifying this o’ften misunderstood definitio’n is the justificat.for the tautology. It is not required that all of the members of the
institute, but it is s~f~cient that only some of these, should either
actually take solemn vows or be obliged to do so by the law of the
institute. An institute can also be an order even if none of the mem-bers
actually take solemn vows. It is sufficient that some should do
so from the particular law of the institute.1 Solemn vows are not
taken in mo~t of the monasteries of nuns in the United States, yet all
of these institutes are orders since at least some of the members should
take solemn vows in virtue of the particular law of the institute.2
A religious congregation is an institute in which all the members
actually take simple vows, whether perpetual or temporary, and in
which none of the members should take solemn vows in virtue of the
law of the institute (canon 488, 2°). No religious institute can
exist in the Church that has not been approved by legitimate ecclesi-astical
authority. The foundation of a religious institute may
certai.nly be approved by the Roman Pontiff, but in practice it is
approved by the ordinary of the diocese of foundation. This
approval of the local ordinary makes the congregation a diocesan
institute.
~For example, article 37 of the Constitutions of the Ursuline Nuns of the Congre-gation
of Paris, Pittsburgh, Pennsylvania. reads as follows: "By tight, these vows
are solemn vows, as they were so approved by holy Church at the beginning: but,
in fact, in this country, by disposition of the Holy See, they are only simple vows."
Article 641 of the Constitutions of Dominican Nuns reads: "Those Nuns of our
Order whose vows are, by constitution, solemn but who because of circumstances of
time (cgn. 488, 70), by prescription of the Apostolic See, make only. simple
VOWS .... "
-°In 1864 the Holy See declared the following monasteries of Visitation Nuns in the
United States had solemn vows: Washington, (Georgetown), Baltimore (Roland
Park), Mobile, St. Louis, and Kaskaskia. The last-mentioned later united with its
daughter community in St. Louis. Mo. Since 1864 the monasteries that follow have
received a rescript from the Holy See granting solemn vows. The year of the rescript
is put in parentheses. Carmelite Nuns of the Ancient Observance: Allentown
(1931): Discalced Carmelite Nuns: Philadelphia (1902, but solemn vows were
first taken in 1925), Wheeling (1925), Bettendorf (1949), Louisville (1930),
Morristown (1926), Loretto (1932), Rochester (1930), Mobile (1943), New
Brunswick (1948): Dominican Nuns: Detroit (1929, Menlo Park (1929),
West Springfield, Mass, (1928): Dominican Nuns of the Perpetual Rosary:
Buffalo (1944), Camden (1947), Syracuse (1947): Poor Clare Nuns: Cleveland
(1946); Franciscan Nuns of the Most Blessed Sacrament: Cleveland (1912),
Canton (1925, but solemn vows were first taken in 1950): Nuns of Perpetual
Adoration of the Blessed Sacrament (Spanish speaking) : E1 Paso (1930) : Visita-tion
Nuns: Elfindale, Springfield, Mo. (1888). Solemn vows are taken in the
Oriental Order of St. Basil the Great. Four other monasteries have applied for
solemn vows¯
58
March, 1950 DIOCESAN OR DONTIFICAL?
After an initial period of growth the congregation usually peti-tidns
the Holy See for papal approval. The attainment of papal
approval makes the congregation a pontifical institute. It is sufficient
that the Holy See approve either the institute or the constitutions.
The present ordinary practice of the Holy See is to approve both. In
answer to the first petition of the congregation for papal approval,
the Holy See gives its first approval to the" institute by what is called
a decree of praise or commendation. At the same time the Holy See
gives a temporary and experimental approval to the.constitutions for
a determined period of time, which now is usually seven years. At
the end of this time the congregation sends another petition to Rome.
The Holy See then gives a final approbation to the constitutions and,
frequently at least, a definitive approbation to the institute.3
The practice of the Holy See can vary in many matters, and it
has varied in the present case of the approval of religious congrega-tions.
It is possible to find congregations that have long possessed
papal approval and yet discern that the constitutions alone were
approved by the Holy See. A doubt could and did arise as to the
sufficiency of an approval of the constitutions alone, since the Code
definition of a pontifical institute appears to be confined to a decree of~
praise or approbation of the institute. However, the presumption
always is that a canon agrees with the pre-’Code law, and Leo XIII
had originally defined pontifical institutes as those "in which in addi-tion
the sentence of the Roman Pontiff has intervened, either by
approval of their laws and statutes or also by the granting of praise
or approbation.TM In this definition the approval of the constitu-tions
is not only sufficient but apparently primary. All doubt was
removed by a reply of the Sacred Congregation of Religious that the
Sisters of Mercy, founded by Mother McAuley, were pontifical,
whether it was a question of the independent communities or of the
unions that had been established with the approval of the Holy See.5
3For the present practice of the Holy See, cf.. P. Cosmas Sartori, O.F.M., duris-prudentiae
Ecclesiasticae Elernenta (Romae: Pontif. Athenaeum Antonianum,
1946)~ p. 74.
4Leo XIII, Const. "’Conditae a Christo,’" 8 dec. 1900, Codicis luris Canonici Fontes
III. p. 562. The same definition is repeated twice in the constitution. Cf., pp. 563,
564.
nThis particular reply of Nov. 24, 1925, undoubtedly because of its general import,
was published in the Acta Apostolicae Sedis, XVIII (1926), 14. It can be found
in English in Bouscaren, Canon Law Digest, I, pp. 269-270. Valuable commen-taries
on the reply have been written by. Maroto, Cornrnentariurn Pro Religiosis,
VII (1926), 83-92: and Vermeersch, Periodica, XV (1927), 52-53. To any-one
unaware of this reply the distinctive constitutions of the independent com-munities
can’ cause difficulty as to their pontifical character.
59
.JOSEPH F. GALLEN Review foF Religious
The constitutions alone of the Sisters of Mercy were approved by the
Holy See in 1841. The same thing is apt to be true of any.congrer
gation of religious women approved before 1850, because of the
varying practice of the Holy See in approving religious congregations.
Therefore, a congregation is made pontifical by any one or m6re
of the following.four approvals: approval of the institute by either
a decree of praise or of definitive approbation; approval of the con-stitutions
either experimentally or finally. To all congregations that
have received any one of these approvals are equally applied" the
rights, laws, and obligations of pontifical institutes.
II. Should a Diocesan Congregation Confine Itself to the
Diocese of Origin?
1. The Code of Cation Lau;.--Canon 495, § 1 reads: "A dioce-san
religious congregation cannot establish houses in another diocese
without the consent of both Ordinaries, namely: the Ordinary of
the place where the motherhouse is situated and the Ordinary of’ the
place where it is desired to make the new foundation, but the Ordi-
.nary of the place of delSarture, shall not without a grave reason refuse
his, consent." For the first house to be erected by a dlocesan.institt~te
in anothe~ diocese, this canon requires the permission not only of the
ordinary of~the new house but also of the ordinary of the mother-house.
We can s.ee in this law of the Code an implicit affirmation of
the closer guardianship, of the greater interest, supervision, and direc-tion
that the ordinary of the diocese of origin is to exercise over a
diocesan congregation in the early years of its existence.
The same canon explicitly forbids the ordinary of the mother?
house to refuse permission for the erection of a house in another
diocese unless he has not merely a. reasonable or a just reason but a
serious reason for the refusal. The .Code of Canon Law, therefore,
implicitly states that it is the or~linary thing for a diocesan institute
to spr,ead to other dioceses and that this diffusion can be prevented
only by reason of a serious obstacle. It cannot be held that thi~ seri-ous
obstacle is ordinarily tO be fouiad in diocesan institutes.’ If this-were
factually tr.ue, there would be little sense in the law of the Code
that forbids the ordinary’of the motherhouse to refuse the permissi?n,
and the law would rather read: "and the Ordinary of the mother~
house may grant this permission in extraordinary cases.’,Y Therefore,
the" law ’of the Code is that confinement to one" dioces~ sli’~.uld ble
restricted to the early years of the existence-of.a, diocesan dongrega:-
fi0n wl~en the institute is a.c..qujri, ng strength rand:.sta,,~:ilit..~.: ...~T....h.!.s.
60
March, 1950" DIOCESAN OR PONTIFICAL?
period should not be excessively prolonged. Diffusion to other
dioceses is a usual prerequisite for obtaining papal approval, but the
Holy See stated before the Code of Canon Law that ten or fifteen
years from the time of the foun’dation of the first house of theinsti-tute
could suffice for the presentation of a petition for papal
approval.6
2. Documents of the Holy See.--The Holy See both before and
after the Code of Canon Law has issued norms that are to guide the
local ordinaries in the erection of new institutes. One of the most
important of these norms is that the ordinary, rather than found a
n~w congregation, is to invite and admit into his diocese a congrega-tion
already approved that has the purpose desired by the ordinary.
In speaking of these congregations already approved the Holy See
makes no distinction between pontifical and diocesan congregations.)
Therefore, the Holy See again positively implies that diocesan insti-tutes
are not to be confined to the diocese of origin.
3. Doctrine of authors.--Two authors, Fogliassos and Muzza-relli,
9 have recently made detailed studies into the juridical nature of
diocesan congregations. Fogliasso states: "Certainly a diocesan con-gregation,
even though it consists of only one house, unlike a mon-astery
of nuns, is an organism that bg its verst nature tends to uni-versality
.... The purpose of the disposition of canon 495, § 1 is
to prevent the local ordinary of the motherhouse from impeding the
ordered diffusion of a new congregation. This diffusion together
with spiritual fruits is required for the granting of a decree of praise.
Furthermore, recourse can always be made to the Holy See against the
arbitrary opposition of this ordinary. Therefore, the norm of canon
495, § I, while it immediately, furthers the fundamental liberty of a
new congregation, which is the attainment of its own increase, paves
the way for the congregation to reach the prescribed condition by
which, through means of a decree of praise, it may take its place
6Normae Secundum Quas 8. Congr. Episcoporum et Regulariura Procedere Sofet in
Approbandis Novis lnstitutis Votorurn Simpliciurn, 28 iun. 1901, n. 9.
~Leo XII][, Const. "’Conditae a Christo,’" § 1, III, C. I. C. Fontes, III, p. 563;
Pius X, Motu Propr. "Dei providentis,’" 15 iul. 1906, C. I. C. Fontes, III, p. 675;
S. C. de Prop. Fide, Instr., "’De Congregationibus Religiosis lndigenis Condendis,’°
19 mart. 1937, n. 1, AAS XXIX (1937), 276.
SAemilius Fogliasso, S.D.B., lntroductio in Vigentem Disciplinara de luridicis Re-lationibus
inter Religiones et Ordinarium Loci (Augustae Taur[norum: Schola
T}’pographica Salesiana, 1948).
9Fridericus MuzzareIli, S.S.P., Tractatus Canonicus de Congregationibus luris Di-oecesani
(Romae: apud Piam Societatem a S. Pau[o Aposto[o, 1943).
61
JOSEPH F. GALLEN Review for Religious
among pontifical institutes.’’~°
Muzzarelli expresses the same doctrine: "The nature of a diocesan
congregation precisely as diocesan is universal only in potency and
capacity . . . indeed the mind of "the Holy See with regard to these
congregations is not that from their foundation they should be aSso-lutely
confined within the boundaries of one diocese. They are rather
considered as the first stage, the first phase of juridical et~olution.
When this evolution is completed they become pontifical and uni-versal
in fact and in law .... Hence it generally happens that these
congregations become multidiocesan in a short time and l~hus are uni-versal
in fact .... If the ordinary (of the motherhouse) should
refuse his consent, recourse is always open to the Holy See.’’11
Father Vidal, S.J., whose eminence as a canonist and years of
service as a consultor of various Roman Congregations should
qualify him to know the mind and prac.tice of the Holy See, affirms:
"... the ordinary of the place of dephrture is forbidden to refuse his
" consent except for a serious reason (canon 495, § 1) ; and recourse
against an unreasonable refusal would always be open to the Sacred
Congregation, which will usually lend a ready ear to such a recourse,
unless there is question of an institute that is faring badly and is
destined rather for extinction.’’x~
The doctrine that a diocesan institute should at least ordinarily
spread to other dioceses is held implicitly by many of the authors
mentioned below, who teach that diocesan congregations should
¯ become pontifical, since diffusion to other dioceses is in the practice of
the Holy See an ordinary prerequisite for obtaining papal approval.
4. Diffusion does not imply separation.--Diffusion to other
dioceses is the second phase of the natural growth of a diocesan con-gregation
to the juridical maturity of a pontifical congregation.
Evidently diffusion does not impiy but excludes separation from the
houses of the diocese of origin. Canon 495, § 1 is speaking of the
spread of the same institute to other dioceses, not of the erection of.
new institutes in other dioceses. The fear of separation, however,
can exist. The diffusion of diocesan and even of pontifical congrega-tions
to other dioceses of the United States in the last century very
frequently was followed by a separation from the houses of the
diocese of origin (and the same thing occurred in other countries).
~-0Fogliasso, op. cir., 160-161. The italics in this and subsequent citations are
mine.
XlMuzzarelli, op. cir., nn. 51, 123.
xZWernz-Vidal, Ius Canonicum, III, "De Religiosis,’" n. 61.
62
March, 1950 DIOCESAN OR PONTIFICAL
Fortunately, many of these separated congregations have ultimately
at least prospered in vocations and in the extent and excellence of
their lives and work. These happy consequences have not always
been verified. Some of these congregations are still small in number
of subjects, and they toil in vain for increase in the rocky territories
of few Catholics and few vocations. It would obviously .have been
much better if they had remained.united to houses located in dioceses
that are more fertile in vocations and also financially. Furthermore,
such separations were not of their nature conducive to a progressive
improvement in the spiritual and intellectual formation of subjects.
These separations may not be effected now without the permission
of the Holy See, since the separation would involve at least the erec-tion
of a new institute and also the passing of professed religious
from one institute to another, both of which require recourse to the
Holy See (canons 492, § 1; 632).
III. Should a Diocesan Congregation become Pontifical?
1. The Code of Canon Latv.--To Father Arcadio Larra-ona,
C.M.F., the present undersecretary of the Sacred Congregation
of Religious, we are especially indebted for evolving the answer from
the Code of Canon Law. Father Larraona calls attention to the
definition in the Code of a diocesan congregation, which is not
described as one that has been approved by a local ordinary or as one
that does not possess or has not obtained a decree of commendation
but as one, "that has not yet (nondum) obtained this decree of com-mendation
(canon 488, 3°).’’ Thus the very definition of a dioce-san
congregation in the Code of Canon Law manifests that it is only
in an initial and transitory state and in the first phase of a juridical
evolution that is to terminate in the attainment of pontifical
approval,la
Larraona could have derived the same conclusion from canon
492, § 2. The argument is clearer in the translation of Woywood-
Smith, although it can also be d~duced from the Vatican translation.
This canon reads: "A diocesan congregation retains that character
though it has in the course of time spread to several dioceses, and it
remains completely under the jurisdiction of the bishops, until it has
obtained from the Holy See approval or, at least, the decree of praise."
The Vatican translation of this last and pertinent clause is: "as long
as it is without pontifical approval or the decree of commendation."
The Code here again does not consider a diocesan congregation to be
Hydrogel-embedded nanocrystalline hydroxyapatite granules (elastic blocks) based on a cross-linked polyvinylpyrrolidone as bone grafting substitute in a rat tibia model
Michael Dau,1 Cornelia Ganz,2 Franziska Zaage,2 Bernhard Frerich,1 Thomas Gerber2 1Department of Oral, Maxillofacial and Plastic Surgery, University Medical Center Rostock, Rostock, Germany; 2Institute of Physics, Rostock University, Rostock, Germany Purpose: The aim of this study was to examine the in vivo characteristics and levels of integration and degradation of a ready-to-use bone grafting block with elastic properties (elastic block) for the use in surgery. Materials and methods: Thirty-six male Wistar rats underwent surgical creation of a well-defined bone defect in the tibia. All created defects – one per animal – were filled with an unsintered nanocrystalline hydroxyapatite embedded either with a non-cross-linked hydrogel carrier (CONT, n=18) or a cross-linked hydrogel carrier (elastic block [EB], n=18) based on polyvinylpyrrolidone (PVP) and silica sol, respectively. The animals were killed after 12 (n=12), 21 (n=12) and 63 days (n=12). The bone formation and defect healing were quantified by histomorphometric measurements made in paraffin sections. Additionally, immunohistochemical (tartrate-resistant acid phosphatase [TRAP] and alkaline phosphatase [aP]), antibody-based examinations (CD68) and energy-dispersive x-ray scattering measurements of silica atom concentration were carried out. Results: A larger remaining bone defect area overall was observed in EB after 12 days and 21 days. After 63 days, similar areas of remaining bone defects were found. The amount of the remaining carrier material in EB overall was higher at all times. In CONT no residual carrier material was found at 12 days and later. CD68 analyses showed significantly lower level of CD68-positive marked cells after 21 days in CONT, and nonsignificant differences at 12 and 63 days, respectively. Additionally, a significantly higher level of aP-positive marked cells was observed in CONT after 12 days. Later on, the levels of aP-positive marked cells were slightly higher in EB (21 and 63 days). Furthermore, no significant differences regarding the level of TRAP-positive marked cells in each group were observed. Conclusion: The bone substitute (EB) with the cross-linked PVP-based hydrogel carrier leads at the beginning to a higher amount of remaining carrier material and remaining bone substitute. This delayed degradation is supposed to be the reason for the observed lower level of bone remodeling and is caused by the irradiation changes (cross links) in the structure in PVP.Keywords: bone substitute, cross-linked, nanocrystalline hydroxyapatite, rat animal model, polyvinylpyrrolidone, irradiation, silica, osseointegratio