There is a difference between a priest and a religious. This is where the laity get confused.
When the Church speaks about a priest, she usually means secular priests, not those who are religious, unless she is specific. In other words, the rules and constitutions of the religious community remain in effect regardless of what Canon Law says or a Motu Proprio says, unless the law or the Motu Proprio explicitly say that the rule applies to religious as well. Some canons do not apply to religious or they are applied differently. But there are other documents that do not show up in the public domain that explain these things. The truth is that there are not too many. Most canons apply across the board. The Code of 1983 tried to be as simple as possible. But there is a provision for customs, rules and practices that have been in place for 100 years or more. In the canons on religious life there are provisions for religious that do not apply to diocesan priests or that exempt religious from one or the other canon that applies to diocesan priests.
I’ll give an example. Canon Law says that priests have a right to celebrate daily mass. In fact, it’s encouraged. However, having the right to say a daily mass does not mean that they have permission to do so. The superior can grant the permission, because the canon allows for it. For example, in some religioius communities, if there are several priests in the house, only one can celebrate mass and the others attend the mass said by the one. This is in their rule. When it’s in the rule, the rule remains in effect unless it is changed by the Pontiff himself.
In some religious communities, the constitutions say that the community has the right to vote on this matter. The situation will vary from house to house.
The vow of obedience is not the same as the promise of obedience. The vow of obedience is made only by religious. It means that we obey: pope, founder, rule, constitutions, general chapter, superior and local chapter. We have many more layers of authority and many more areas where authority has rights, one of them is the celebration of mass by those who are ordained.
Some religious communities, such as the Dominicans, are what we call clerical institutes. This means that they are religious orders for priests. Therefore, it is assumed that they will exercise their priestly ministry as part of their way of life. Non-clerical orders, such as the Franciscans, the Marianists, the Missionaries of the Poor, the Missionaries of Charity, are communities of brothers that have some brother-priests or priest-brothers. In such communities, you do not assume that the ordained will exercise their priestly ministry without the permission of the superior and the approval of the community.
This is not as harsh as it soiunds. For example, we have no standing rule that says that our brothers who are ordained may not celebrate mass. However, we do have a rule that says that if there is a community, those who are ordained must concelebrate or attend the mass of the community to preserve the brotherhood. An individual celebration of the mass happens only when necessary. There can be many reasons why it can be necessary, such as intentions that people have paid for or parishes and other institutions. The whole community does not attend such a mass.
The promise of obedience is made by deacons and priests who are secular. These men belong to a diocese. They promise to obey the local bishop. The do not have a superior, a rule, constitutions, a community or a founder to whom they owe obedience. The bishop has areas that he cannot govern such as the use of money, relationships with their family members, recreation, posessions, use of free time and prayer life. This includes the mass.
The bishop’s rights to regulat the celebration of the mass are determined by Canon Law, not by common law (rule and constitutions). There is the difference. Also, each bishop makes his rules for his diocese. Therefore, no two diocesan deacons or priests are bound to the same rules if they are from different dioceses. The common rules would be those that are found in Canon Law or those decided by the bishops of the province. Religious of the same community, on the other hand, are bound to the same rules regardless of where they live.
In the case in question, if the friar publicly displayed his displeasure, he was out of compliance with the Rule of St. Francis. The rule is very clear that we are not to do or say anything contrary to the wishes of the local bishop and we are to obey without murmuring. If the friar was commenting, it can be a form of murmuring. I was not there, so I cannot say. The prudent thing for a Franciscan to do is to shut up and suck it up. This way, you comply with the bishop and with St. Francis. If you comply with the bishop, but you complain all the way home, you’re disobeying Francis. It’s better to just be quiet and let it go.
Fraternally,
Br. JR, OSF
