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Project

The Episcopal Visitation of the Religious in CIC 1983:A Canonical Investigation into the matters of the Visitation of the Diocesan Bishops to the Religious as enumerated in the CIC 1983.

The relationship between the diocesan Bishops and the Religious is unique. The CIC 1983 specifically mentions the autonomy of the Religious Congregation (PC 2b) (can. 586), whereas Cann. 609-616, and 678-683 mention the role of the diocesan Bishops in the life and ministry of the Religious. Even though, the CIC 1983 has given the Religious congregations their autonomy; it has also put them under the authority of the diocesan Bishop. In this regard, Can. 683 drew my special attention.

A contradiction is manifested here. The tension and ambiguity in the CIC 1983 in this regard is that one hand the CIC, 1983 gives the freedom to the Religious to exercise their autonomy and on the other hand, it restricts the freedom by allowing the diocesan Bishops to visit them.  In the book, Religious Institutes, Secular Institutes, Societies of the Apostolic Life, A Handbook on Canons 573 – 746, Ellen O’Hara pointed out that the preservation and safeguarding of the patrimony by the local ordinaries require further clarification.

Apart from this, the wording of Can. 683 which speaks of episcopal visitation to the Religious churches and other apostolates does not seem to limit the range of this visitation. Therefore, it is necessary to know the scope of the canonical episcopal visitation.

Visitation of the Monasteries, religious places, and houses by the ecclesiastical authority is an ancient practice. There are incidents in the past where the visitors were sent by the Pope or the diocesan Bishops to visit the Monasteries or Religious communities. For example, circa 417, Pope Zosimus sent a delegate to Aurelius to decide the matter regarding a priest Apiarius. For centuries, the Church has been using this practice for different purposes. Monasteries, Religious houses, and communities are subject to the apostolic or episcopal visitation from time to time. During early Religious life, the Religious were under the authority of the diocesan Bishops. The Church hierarchy found ways to interfere in the internal affairs of the Religious community through the means of different synods or by personal interference.

The Religious life began with a lot of great ideals and principles, but as time went by the initial impetus began to wane and abuses crept in and thus required the visitation of the ecclesiastical authority. For example, one of the earliest records of the conflict between the Religious and the diocesan Bishops was among Bishop John of Jerusalem and Epiphanus of Salamis who were known to be engaged in several conflicts with one another. Another earliest intervention of the ecclesiastical hierarchy in the religious communities can be traced back to the time of Pachomius, where the bishops asserted that the visions of Pachomius were to be confirmed and declared by the Synod of Esneh. There are instances of the monks who propagated against the Christian faith. For example, during the time of Bishop Ambrose in 390, a monk Jovinian who rejected fasting and while underestimating the value of virginity, he denied the perpetual virginity of Mary.

While carrying forward the mission of God in this world, the Church has to foster union and the communion within her different organisations. Visitation, an instrument that helps to build a good relationship with each other, is a must for the mission. Visitation of the Religious helps the diocesan Bishop to understand the struggles, difficulties, and happiness of the Religious and thus, encourage and support them to continue their mission. On the other hand, visitation of the diocesan Bishops assists the Religious to share with the diocesan Bishops about their apostolates and seek their guidance and suggestions. Since the visitation is ‘an expression of the authority of the diocesan Bishop’ over the other works of the apostolates mentioned in Can. 678 §3, it is the need of the hour to study the concept of visitation which the Church has been using it for ages but has not made serious attempts to study it at an in-depth level.

The CIC 1983 in its Cann. 396, 397, 535 §4, 628 §3 and 683 has authorised the diocesan Bishops to visit the Religious communities and house but it has not provided any canonical technique and procedure for the diocesan Bishops to visit the Religious. Therefore, it is essential and necessary to study the notion of visitation of the diocesan Bishops to the Religious and provide a proper system so that each of them would not infringe on other’s rights and the mission of the Church may flourish. 

Date:31 Jul 2020 →  Today
Keywords:Canon Law, Church Law, Ecclesiastical Law
Disciplines:Theology and religious studies not elsewhere classified, Religion and society
Project type:PhD project