Authority of Bishop over Religious Orders

[Vico]

Vico:

So would you say that the religious orders members of religious orders for which Can. 370 applies always work outside of any diocese?

It would only be within the territory of the abbey that the religious order works outside of a diocese; the territory of the abbey is equivalent to a diocese. However, the same order likely has other ministries within the territory of dioceses throughout the world.

Thank you. So for those that reside in a territorial prelature or territorial abbey when working outside of it, would still be under their normal authority, not the bishop of where they work?

 

[InThePew]

So for those that reside in a territorial prelature or territorial abbey when working outside of it, would still be under their normal authority, not the bishop of where they work?

No; they’re under the authority of the bishop where they’re working. For example, I’m a priest in diocese X, if I go south of the border to diocese Y then I come under the authority of the Bishop of Y. I’m still a priest of the diocese of X and still subject to the withority of my own bishop but I also have to follow any rules which apply in the diocese of Y while I’m in that bishop’s territory. The same also applies to priests in a religious order, they’re answerable to their superior but also have to follow any directions or rules of the bishop where they’re working.

 

[PapyrusDouay]

A religious order that has as its mission the three fold mission of Eucharist, Liturgy, and Service to the Priesthood. If the bishop were to ask that order to set up the Cathedral every Sunday morning for the celebration of Mass they would be hard-pressed to say no as that is the work that they committed themselves to.

Generally, for something like this, the bishop would invite the religious order to the ministry. The Order then decides if it has the resources to to accept. They will accept or decline. The Bishop can not force them to do it.

It’s the same with parishes. Some parishes were founded by religious as missions, and remain so today. They follow the rules of the local bishop, but do some of their own things, and will probably never change unless the order decides to leave. But some are diocesan parishes, and the local bishop invites the religious order to run it. There are a lot of reasons this happens…not enough diocesan priests, cultural / ethnic reasons, etc. Even then, the Order will discuss it, and if they have the resources they’ll accept. Or they may decline it. The reverse is also true. The bishop could take that parish back or give it to another order to run. Or the order could say they can no longer staff it, and give it back to the diocese.

 

[PapyrusDouay]

It would but all priests need faculties from the local bishop in order to function publily as a priest. A bishop can remove faculties from a religious priest (for a serious reason) or refuse to grant them in the first place just as he can with any other priest. So, when it comes to matters of public ministry, a religious order priest is answerable to his local superior but still under the governance of the bishop as a priest in his diocese.

Faculties come from the “Ordinary”, and for religious that is generally the Provincial, Abbot, or local superior. (For diocesan priests, the “Ordinary” is the bishop) Generally all that a bishop requires is for the religious priest to have a “letter of good standing” from the Provincial/Superior. A Bishop could lay rules, like “no priest credibly accused of sex crimes may minister publicly”. These days most religious order have those kinds of rules anyway, and in that case if the Provincial removed the priest’s faculties, he wouldn’t be getting a letter anyway.

 

[InThePew]

Faculties come from the “Ordinary”, and for religious that is generally the Provincial, Abbot, or local superior. (For diocesan priests, the “Ordinary” is the bishop) Generally all that a bishop requires is for the religious priest to have a “letter of good standing” from the Provincial/Superior

All clergy engaged in public ministry require faculties from the local ordinary (typically a bishop) of the place in which they reside and/or exercise their appointed ministry. Granted a religious still needs the “okay” from their superior and a religious superior can revoke a priest’s faculties but only for a grave reason. Each time they move to live/work in another diocese they need to get a new grant of faculties. There should also normally be an agreement between their superior and the local ordinary for him to work there. The local ordinary can also choose to revoke the faculties of a religious priest at any time for a just reason and, if a priest loses faculties in the place where they live then they lose them everywhere.

 

[commenter]

I’m sure the official status or classification of the Order has a big influence. But I strongly suspect other considerations.

The Jesuits have enormous numbers, with lots of people in key positions in many countries and in Rome. This, more than their status, will cause bishops to hesitate.

But as this, and certain other powerful orders shrink substantially, things may change.

 

[TomH1]

The Jesuits are a separate issue. They aren’t merely “pontifical” as described above, but an “exempt order.”

In terms of running the school, they remain a Jesuit institution, without being subject to the bishop.

Many religious orders are what is termed ‘exempt’. They are not subject to the authority of the bishop in terms of the internal governance of their order or its individual houses. However, bishops do have authority over any external apostolate they may exercise as such apostolates are directed at those people for whose soul the bishop is responsible. Therefore, the bishop has considerable authority over the education of Catholics in his diocese. He can also determine whether any educational institution in his diocese can be called ‘Catholic’.

In a diocese that neighbours mine the bishop introduced new religious education materials. The bishop who was the education lead on the episcopal conference objected and said his authority was being usurped. The diocesan bishop corrected him and said each bishop if the chief teacher in his diocese and can determine how religious education is to be done.

 

[Herculees]

There are two types of orders in the church.

1. Diocesan orders - these are orders that sought the approval of a diocesan bishop to come into existence, and never sought pontifical approval and therefore only minister in the diocese where they were approved.
2. Pontifical orders - these are orders that first was granted approval by the diocese but decided to expand beyond the diocese and therefore sought approval from Rome. Once they obtained approval from the Vatican they ceased being a diocesan order and became a pontifical order.

I would say most pontifical orders would oblige a bishop in whose diocese they live in IF what is being asked of them is in line with their mission, and IF they have the personnel to accomplish what is asked of them. Remember the bishop can complain to Rome if they are unhappy with the decision of the religious order, and the bishop has a right to tell them to leave their diocese.

 

[Herculees]

I just wanted to make a comment. Diocesan bishops have control of an entity that considers itself Catholic (even if NOT run by Catholic Church or Religious Order). In such a situation he would only have say if the entity was promoting something not in line with church teaching. I remember I used to volunteer at an all volunteer run Catholic Homeless Shelter for Women. The shelter was not run by the Catholic Church but was founded by twelve practicing Catholics. They incorporated the shelter and gave it a Catholic identity and received a tax exempt status from the government. Sometimes the guests would tell us they were going to file a complaint about our policies with the local bishop. We told them you certainly can do that however he has no say over us as we are not part of the Catholic Church and that the only time he could have any say was if we were identifying as Catholic while promoting something that was against church teaching. We would also tell them he has no interest in us becoming under his authority anyways.

 

[TomH1]

I would say most pontifical orders would oblige a bishop in whose diocese they live in IF what is being asked of them is in line with their mission, and IF they have the personnel to accomplish what is asked of them.

It does not matter whether the institute is ‘of pontifical right’ or ‘of diocesan right’. A bishop has authority over what happens in his diocese. He has no authority over the internal governance of a conventus. If an institute is contemplative there is really nothing for the bishop to get involved with. However, if the members of that institute are running a parish, operating a school, delivering religious education, providing healthcare, looking after the homeless, working with alcoholics, etc. the bishop has a lot of say. They are working with people in his diocese and the bishop is responsible for those people. If he does not like the way an institute is doing something he can step in and do something about it.

and the bishop has a right to tell them to leave their diocese.

An institute requires permission from the diocesan bishop to establish a conventus in his diocese. However, he can only ask them to leave. He cannot force them. If he really wants them to go and they won’t he has to involve the Holy See.

 

[runningdude]

Residing in a territorial abbey is not relevant to ministerial work done outside the abbey’s territory. They would need the relevant permission from the bishop to minister in his diocese.