Non-clerics in New Roles

In the Catholic Church, clerics would refer to deacons, priests and Bishops. By the Decree Clericalia Instituta (27 November 1969), the Holy See permitted religious brothers (non-clerics) to participate in the councils of superiors of religious houses, provinces, and institutes. However, the decree explicitly reserved that they were not to be nominated superiors of institutes or their substitutes. Therefore, non-clerics could not become superiors in the clerical institutes of consecrated life and societies of apostolic life. This was outlined in the old canon 588 §2 of 1983 Code of Canon Law. Old canon 588 §2 prescribed: “A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, implies the exercise of sacred orders, and is recognised as such by the authority of the Church.”

However, with the rescript (Rescriptum ex audientia Ss.mi) issued by Pope Francis on 18 May 2022, a non-cleric may assume leadership of a clerical institute, provided that specific authorisation is obtained from the Vatican on a case-by-case basis, in accordance with the rescript. This provision permits religious orders comprising both priests and brothers to elect a non-cleric, such as a lay brother, to the positions of local superior and major superior, which may include roles such as superior general or provincial superior.

The Rescript of Pope Francis modified the rigour of the aforementioned old canon 588 §2 on 18 May 2022. The Rescript ex audientia Ss.mi stipulates:

1) The non-clerical member of a clerical Institute of Consecrated Life or Society of Apostolic Life of Pontifical right is appointed local Superior by the supreme Moderator with the consent of his council.

2) The non-clerical member of a clerical Institute of Consecrated Life or of a Society of Apostolic Life of Pontifical right is appointed major Superior, after having obtained the written permission of the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life at the request of the supreme Moderator with the consent of the Council.

3) The non-clerical member of a clerical Institute of Consecrated Life or of a Society of Apostolic Life of Pontifical right who is elected supreme Moderator, according to the modalities established by its own law, needs the confirmation (by means of written permission) of the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life.

4) In the cases foreseen in §§2-3, the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life reserves the right to evaluate the individual case and the reasons given by the supreme Moderator or by the General Chapter.

In the Rescript, Pope Francis revised the regulations of canon 588, which previously allowed only clerics to become superiors, to permit religious brothers who are not clerics to lead their religious communities with the written consent of the Vatican Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life on a case-by-case basis. It outlines specific criteria for nominating superiors of different degrees. It is important to note that the election or appointment of a non-cleric (lay brother) as a superior requires a legitimate reason. Fewer vocations, as well as the changing personnel conditions in institutes of consecrated life and societies of apostolic life, called for a new approach.

Diverse compositions and ageing communities, especially among clergy members, created specific challenges for clerics to fill the positions of superiors. For many years, various institutes individually sought permission from the Dicastery in the Vatican to authorise non-clerics (lay religious brothers) to exercise the office of superior. The Dicastery would respond with great care and would accommodate the requests on a case-by-case basis.

The reasons must be submitted to the Dicastery, which will carefully analyse and investigate the matter if a non-cleric is nominated as a major superior. If a religious who is not a cleric is made a local superior, this decision is reserved to the supreme moderator and requires the consent of his council. Therefore, the appointment as local superior (house superior) does not require the consent of the Dicastery in the Vatican. The appointment of a non-cleric as superior of a province or equivalent unit (provincial) requires the prior written permission of the Dicastery. The relevant request is filed by the Supreme Moderator with the consent of his council. If a non-cleric who has not been ordained a priest is elected Supreme Moderator, he must be approved in writing by the Dicastery. The remaining conditions, prescribed in the constitutions (canons 623 and 625) of holding the office, will be met.

The Church acknowledges the importance of all members participating in the life, governance, and mission of Institutes of Consecrated Life (both religious and secular) as well as Societies of Apostolic Life. It is encouraging to hear about this decision by the Holy Father, as it serves as a significant impetus to deepen our charismatic identity and renew our commitment to live, grow, and serve as brothers. This calls for a renewed dedication to our common vocation and mission.

In clerical Institutes and Societies of Apostolic Life of pontifical right, the major superior is the Ordinary, who exercises certain powers in the Church. However, non-clerical major Superiors of clerical religious institutes of pontifical right and clerical societies of apostolic life of pontifical right are not Ordinary, according to canon 134.  The option of nominating a non-cleric requires careful consideration to avoid misunderstandings.

A religious superior makes various decisions that fit a religious institute. Some of them require the power of order (priestly ordination), while others do not. There are decisions for which the power of order is not required. Some examples include admission to the novitiate, admission to the profession, establishment of a religious house, establishment of a novitiate house, or consent to alienation. For a decision on such matters, the power of order is not required.           Another question is the power of the superior to absolve sins in a confession by virtue of the law. This power can be exercised towards the members of the institute and all those who stay in the house day and night. Obviously, if the superior is not a priest, such authority will not be given. As regards admission to holy orders or the granting of dimissorial letters, such competence is held by the superior and not by the ordinary.

Pope Francis opened the doors for women and non-ordained laypeople to take on key roles as lectors and acolytes, and even to lead major ecclesiastical offices in Rome. By allowing non-ordained brothers to step up in male religious congregations, he’s paving the way for a more diverse leadership in our Mother Church.

(Rev. Dr. Merlin Rengith Ambrose is a Professor of Canon Law at St. Peter’s Pontifical Institute, Bangalore and Executive Secretary of the Commission for Canon Law in the CCBI)

Blurbs

Pope Francis revised the regulations of canon 588 to permit religious brothers, who are not clerics, to lead their religious communities with the written consent of the Vatican Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life on a case-by-case basis.

The Church acknowledges the importance of all members participating in the life, governance, and mission of Institutes of Consecrated Life (both religious and secular) as well as Societies of Apostolic Life.