Showing posts with label canonical rights and obligations. Show all posts
Showing posts with label canonical rights and obligations. Show all posts

12 February 2017

Another look at Canonical Obedience

Several weeks ago or so I was asked about a private vow of obedience that was described as one of "canonical obedience" and I wrote that this was an incoherent usage, an usage which literally "does not hold together or cohere" when applied to private vows. There is such a thing as canonical obedience. It is obedience professed and rendered generally and ecclesially meaningful according to specific canon laws. It is obedience defined by and associated with certain canonical rights and obligations which apply to those admitted publicly to canonical vows but not otherwise. On the one hand one may make a private vow of poverty which does not bind under penalty of canon law and which does not share the same rights and obligations as a public vow, for instance, or on the other hand, one who is admitted by the Church through various canonical avenues, may make a canonical (public) vow which obligates in specific ways under penalty of law. Of course canonical vows are also protected and nurtured under law; they are supported by other canonical structures and supervised by legitimate superiors because they are public and not private bonds. Meanwhile, legitimate superiors are also bound by canon (and often by proper) law in specific ways to supervise those under their authority by virtue of these persons having made and been allowed to make canonical vows in the legitimate superior's hands.

I don't think this is hard to understand: those who make canonical vows are bound by (additional) canon law(s) in ways those who make private vows are not. Neither do the canon laws applying to such things apply to most Catholics. There are sections of the Code of Canon Law which apply to all baptized persons (cc204-231 and sections of the code on sacraments, on liturgy, etc.) but there are many more that apply to more specific segments of the Church: to clergy, to the married, to institutes of consecrated life and in some ways to canonically consecrated hermits, to consecrated virgins, to the teaching office of the church, etc, etc.  Not every section of the law is of interest much less do they actually apply to every person in the Church. So imagine my surprise when the person who claimed a private vow of obedience was one of "canonical obedience" wrote the following:

[[A hermit colleague was upset by my mentioning that I render canonical obedience. Yes, I do. Any practicing Catholic ought render obedience to the various and multitudinous Canon Laws developed over the years. At least we ought to try just as we try to be obedient to civil laws on the books. Why not? The inclusion of my being obedient to my bishop in whatever diocese I may reside and to obey canon laws should not be a source of upset to others. Rather, we should rejoice at our human and flailing attempts to canonical obedience but even more so to obedience to Jesus' precepts, particularly that of God's Law of Love.]]

Of course "canonical obedience" does not mean simply being obedient "to the various and multitudinous Canon Laws developed over the years" (were that even possible or reasonable). It means being bound by the specific canons applying to those admitted publicly (i.e., canonically) to a vow of obedience. No more, no less. Those with private vows do not owe and are not bound by the canons applying to those with canonical (public) vows anymore than those publicly professed as religious are bound by the canon laws applying to marriage or vice versa. For that matter diocesan hermits are not (generally speaking) bound to obey canons applying to priests, or even all of those canons which apply to religious. Similarly, apostolic religious (again generally speaking) are not bound by canon 603 any more than they are bound by the canon law that applies to priests, those that apply to married persons or those that apply to bishops, to theologians, etc., etc. 

Beyond the issue of canon law per se, every Catholic owes obedience to their diocesan bishop in a general or Scriptural sense of the term. This means they are required to listen to their bishop, to consider what he has to say and to act in ways which honor what he teaches and wills just as they would any pastor. However, this is NOT what has been called "canonical obedience". In such a case the bishop is NOT the legitimate superior of any persons except those who are specifically and canonically vowed (to him) in religious obedience --- nor can he expect or attempt to require such obedience from the majority of those in his diocese. The specific nature of Christian freedom and the obligations to personal responsibility in these other vocations DO NOT ALLOW THIS. 

The bishop is the legitimate superior of diocesan priests and diocesan hermits, for instance, because a qualified but undiminished expression of Christian freedom which is spelled out in both canon and proper law (e.g., the hermit's Rule) and which each has publicly embraced in either the rite of ordination or religious profession, exists between them. It is together that they will do the will of God within a specifically ecclesial vocation. Because there is no carefully delimited and mutually defined relationship where rights and obligations are similarly spelled out (in Rule and/or Constitutions) and embraced via public rite, the bishop is not the legitimate superior of lay members of the diocese and is not owed "canonical (or religious) obedience", nor should he be. This is so because such carefully limited and explicitly defined public relationships do not come to be through baptism alone, not even when entirely private vows are added to the mix.

 To summarize the point here then, one cannot simply pretend to be bound to religious or canonical obedience in this way by referring either to the common obedience owed to one's bishop or to a host of laws one neither understands      and which do not even apply to their lives. These members have the right and obligation to honor Christian Freedom in any way they discern in good conscience and so long as they do not transgress into areas of the Church which bring them under the direct purview of the bishop's authority, they are obligated to do so without the permission of the bishop or someone he delegates to oversee their activity. They have an obligation to submit their own wills to Christ's but neither is this is canonical obedience because these persons are NOT canonically vowed to the specific expression of Christian freedom and responsibility associated with public profession. To call it canonical obedience is analogous to calling a year of some sort of initial formation in a non-canonical community a "canonical year".  In either case this usage is mistaken and literally incoherent.

The Relevancy of Canon 603:

Ms Joan McClure, the author of the position being discussed here and a privately vowed hermit and (vocationally as well as hierarchically speaking) a lay member of the Archdiocese of Seattle, does not owe Archbishop Sartain "canonical obedience" and I am sure he would be the first person to explain to her that she does not. Ms McClure also wrote about my response regarding "canonical obedience": [[ If we get upset over desire to obey laws of the land and laws of the Church, or laws of God especially--this upset is an example of not letting Christ's peace control our hearts.  I do not think the person who was upset by my mention in my professed eremitic vows to include canonical obedience fully understood but rather got the meaning and intent confused with canonical approval of hermits by one's specific diocese bishops according to Canon Law 603. ]]

The Church's own position on the difference between public profession (which includes a canonical vow of obedience) and private dedication and vows is clear: the first involves additional canonical rights and obligations beyond those granted with baptism, the other does not; the first thus means the individual embraces canonical or religious obedience, the other does not; the first means that the person so professed acquires certain legitimate (canonical) rights and obligations which play a part in publicly defining the person's life and Freedom (ecclesially approved Rule, legitimate superior(s), etc.), the other does not. Profession under Canon 603 (or profession under the canons applying to religious life more generally) are specific instances of these general distinctions. Both differ from the private dedication of the lay or clerical hermit in all of the ways just listed, but canon 603 professions are particularly illustrative of these distinctions. Thus, when a Bishop admits an individual to canonical profession under canon 603 he admits the person to an ecclesial vocation which further specifies the way their freedom must be lived out  and he does so on behalf of the entire Church, not as an instance of his own private desires or individual eccentricity.

 In such an act the subject making their profession becomes a "Hermit of the Diocese of x_________" and they do so not merely because they are a hermit living in that diocese but because they represent the eremitical life in the name of both the local and the universal Church. With private vows --- which, again, do not rise to the level of profession as the Church understands this term --- the hermit involved does not become a "Hermit of the Diocese of x____" and is not bound to canonical obedience despite the fact that she may live eremitical life in that diocese. It is too bad some with private vows feel a need to conflate these with canonical vows. It is always important that those with canonical vows do not embrace a notion of superiority vs inferiority when comparing public profession to private dedication, but at the same time it is crucially important that those who are privately dedicated do not mislead or confuse by misapplying terms like "canonical" when characterizing their own vow of obedience, etc. This is a source of serious confusion and does not serve the Church or the differing expressions of the eremitical life particularly well.

23 March 2015

What Specifically does the Church Hold you Responsible For?

[[Dear Sister Laurel, recently you wrote: [[Especially we do these persons no favors by encouraging them to embrace pretense in the name of the God of Truth. In the end to do that is to betray their deepest longings and treat them as though they are either too unimportant to God to be called to live a significant (meaningful) vocation, or simply too weak to bear the vocation God truly HAS extended to them. This is so because in the Church, standing in law ("status") is always associated with the gift and challenge of responsibility. We do not recognize a person's real dignity nor show genuine respect for them by extending  standing --- much less allowing them to pretend to standing --- which is without commensurate responsibility.]] I understand what you are saying here and I am beginning to understand why you are concerned about people who pretend to a status they don't actually have. What is hard to see clearly is what responsibility or responsibilities a hermit takes on. When you talk about [being a hermit] "in the Name of the Church" that refers to responsibility, I know that. But what specifically does the Church hold you responsible for? Is any of this based on the Bible or is it all about Canon Law?]]

Thank you for the questions.  Let me begin with the last one which I believe is critically important. I think there are very clear Scriptural precedents for the Church's insistence that standing is inevitably associated with commensurate responsibilities. One of the most vivid is the parable of the Prodigal Son/Merciful Father. Remember that when the younger Son demanded "the property that would be his at his Father's death" he very specifically does NOT ask to assume the responsibilities of inheritance. In fact he rejects these outright. Despite some English translations of the text, he asks for the "ousia", the very "substance" of the material or wealth portion of the patrimony that would come to him at his Father's death, but he does not use "kleronomia", the usual word for inheritance. This is significant because asking for the inheritance (kleronomia) necessarily includes acceptance of leadership for the family, their wealth, honor, and general well-being. In fact, it includes the pledge that one will give one's life for the family if need be.

Instead this son effectively wishes his Father was dead, separates himself from the family, sells off his portion of the property for cheap (he does not bargain as is typical in the Middle Eastern culture but liquidates things quickly for whatever he can get in the moment) thus leaving his family in reduced circumstances; he then squanders the proceeds of his impulsivity, greed, and lack of compassion in "riotous (exorbitant) living" among foreigners. He becomes rootless, a wanderer without value or responsible role, someone who has exchanged the lasting or eternal for the entirely ephemeral. (By the way, it should be noted that in Jesus' day calling someone rootless in this way was an unpardonable offense; making oneself rootless was incredibly degrading.) 

Meanwhile, skipping ahead in the story, when the younger son returns home in yet even greater disgrace he is restored to Sonship and will be honored by all the village as the Father's Son because of the robe, ring and shoes with which his Father has clothed him. In other words, he has been re-established as one with genuine standing  in the People of God and real responsibility within and for the family and the family's honor and wealth. With standing comes responsibility. To take what is due a Son and to do so while cutting all ties, betraying and sundering all relationships, and selfishly relinquishing all responsibility for one's family or the People of God is the very essence of sin in this NT parable. Despite some distorted approaches to spirituality, and the genuine limitations of life as a  hermit, I would argue one cannot do these things in the name of eremitical life either. That way lies the disedifying isolation of counterfeits and curmudgeons rather than the ecclesial solitude of the Christian hermit.

Canonical Standing and Responsibility:

 To accept canonical standing then (e.g., that which comes with public profession and//or consecration) is to accept the responsibility to act in whatever way one is commissioned by the Church to do in her name. The same is true with regard to Sacramental relationships and standing: Baptism (Sacraments of Initiation), Marriage, Ordination all come with specific responsibilities within the Church and for the very life OF the Church. In my own life the specific obligations include: 1) an ecclesial vocation lived as an integral part of the Church's own life and holiness governed by both universal and proper law, 2) an eremitical vocation whose nature is defined by canon 603 and other canons related to consecrated or religious life. It includes stricter separation from the world (those things contrary or even resistant to Christ as well as those things which promise what only God can promise), assiduous prayer and penance, the silence of solitude, the evangelical counsels and all those imply, life according to an approved Rule I write myself, and the supervision of the diocesan Bishop and those he delegates to act as legitimate superiors and/or delegates (quasi-superiors).

In all this I (and all diocesan hermits) are specifically responsible for living the eremitical life in the heart of the Church as a continuation of the prophetic life of the Desert Fathers, the pastorally significant lives of medieval anchor-ites, along with the hidden witness of so many other hermits, and for extending this rich tradition in ways which meet contemporary needs and speak to contemporary culture. 3) As a representative of these I am also part of a parish and diocese; I was called forth from their midst and professed and consecrated in their presence with them witnessing, supporting, and celebrating. As solitary as a hermit's vocation is it is ecclesial and so I live this life in my parish's midst and serve them and others as my eremitical life makes possible.

Bearing the parable of the Prodigal Son/Merciful Father in mind, as a Sister (that is, as a professed religious), I am responsible in various limited ways for dimensions of the life of this parish family. There is something similarly true with regard to the diocese as such though ordinarily this is expressed in my commitment to parish life, or, occasionally, in diocesan events and diocese-wide celebrations, funerals, etc. It always means the parish and diocese are kept in my heart and prayer, but it sometimes means speaking at other parishes in the diocese, doing an occasional presentation at Contemplative Outreach or similar groups in the area, regarding desert spirituality, eremitical life, contemplative prayer, etc. In any case I am responsible not merely to be a hermit, but to be a hermit in the heart of the Church and to appropriately allow the fruits of my own solitary contemplative life to nurture the life of the familiy I know as the local parish and diocesan Church.

In terms of the universal Church I really do feel the obligation to live a life which is truly an extension of the eremitical tradition which has been part of her life since the 4th Century and certainly was an element of Jesus' own life, that of John the Baptist, Elijah, etc. And even beyond the universal Church is the world-at-large --- also searching, hurting, and yearning. Every person comes to communion with God in an essential solitude and the hermit's life reminds them of this. At the same time some effectively marginalized persons especially need the example of the hermit's solitude to come to a sense that their own isolation, no matter the circumstances causing or exacerbating it, can be redeemed through such communion.

Canon 603 is very specific about the hermit living her life for the praise of God and the salvation of the world. Her own prayer --- intercessory and otherwise --- is very important here, but so is the entire solitary life she lives as a public person in the Church. The very hiddenness of the hermit's life is, paradoxically, actually part of her public identity and witness. After all, most of the struggle, love, work, and prayer we all do in our lives is hidden "from the eyes of men" and sometimes that can tempt us to abandon this for notoriety, etc. A hermit reminds everyone that this is unnnecessary and perhaps even illegitimate depending on what God wills in our lives. At the very least, the hermit's own life of essential hiddenness encourages patience and suggests a new way of seeing things. Especially it encourages us to see the dignity of our lives and the significance of whatever we do in and with God, no matter how ordinary or how hidden.

So I have a strong sense of responsibility in all of these ways. Moreover, as you very perceptively put the matter, the Church herself rightly holds me morally and legally responsible for living my life in these ways. Public profession and consecration establish a covenant between the individual professed and the Church more generally --- usually through an institute of consecrated life, but now with canon 603, through the hermit's diocese and local Bishop. The Church spells out some of this in the canon, but she fully (and rightly) expects the hermit who is publicly professed to concretize or make these obligations more specific in terms of her own prayer, study, reflection and response to the grace of God as it comes to her through the relationships that constitute her life. This is another reason it is very important that there be sufficient formation and mutual discernment before admitting someone to profession and (then) consecration under canon 603. Through canon 603 diocesan hermits give their lives to Christ and to those who belong to him in what is intended to be an irrevocable gift. Thus the Church that receives this gift needs to have the sense that the candidate has the necessary tools, sensibilities, maturity, and constitutive relationship with God and his Church to truly "flesh out" (or even incarnate) all of the potential which is profoundly embodied in this brief but richly pregnant canon.

Canonical or non-Canonical Hermits: Standing Comes with Responsibility, Rights with Obligations:

My own understanding of the Parable of the Merciful Father (aka Parable of the Prodigal Son) colors the way I see people who seek (or pretend to!) the status or standing of consecrated solitary hermits without accepting the responsibilities the Church associates with such standing. One's life in the Church always comes with commensurate responsibility. Standing as a publicly professed and/or consecrated person in the Church codifies such responsibilities in law. The Prodigal Son was given a robe, a ring, and sandals signifying his new standing in the family. It is not hard for the diocesan hermit to see or hear echoes of this story as the Bishop presents (or clothes her in) the prayer garment, eremitical tunic or scapular, and profession ring, or as he presents her a copy of his formal approval of her Rule which establishes it as binding on the hermit in law as well as morally.

Resonances of the Son's renewed acceptance of his place in protecting the patrimony of his family and People are not far from the hermit's heart when she makes her vows in the hands of the Bishop while resting them on the book of Gospels, or signs those same vows on the altar, or is congratulated and welcomed in her new standing by friends, family, and especially the whole parish community at the Eucharistic Feast. I would think the lay hermit who lives her eremitical life by virtue of her baptismal consecration alone might well perceive similar resonances with 1) her baptism which initiates her into the family of followers of Christ, 2) her anointing with chrism, 3) her clothing with the white baptismal garment, and 4) the giving of the baptismal candle which is accompanied with the commission to keep it burning brightly as a witness to others. In either case, and in all other instances of ecclesial commissioning, standing in the Church comes with responsibilities and rights are accompanied by obligations. The matter is both canonical and profoundly Scriptural but as I understand it, it is Scriptural long before it is canonical.