Juridical Elements SDB-2005 ENG


Juridical Elements SDB-2005 ENG

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JURIDICAL ELEMENTS
AND ADMINISTRATIVE PRAXIS
IN THE GOVERNMENT
OF THE PROVINCE
DIREZIONE GENERALE OPERE DON BOSCO
ROME

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Tipolitografia Ist. Salesiano Pio XI - Via Umbertide, 11 - 00181 Roma - Tel. 067827819 • tipolito@pcn.net
Finito di stampare nel Febbraio 2005

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TABLE OF CONTENTS
Presentation .............................................................................................
11
0.
INTRODUCTION: LAW AND SALESIAN PRACTICE
0.1
Meaning of the structures of government and community
norms.........................................................................................
15
0.2
Universal law and proper law ..................................................
16
0.3
The service of authority for putting into place community
norms.........................................................................................
18
1.
THE PROVINCIAL AND HIS COUNCIL
1.1
Role and Duties of the Provincial ............................................
20
1.2
Qualities required for appointment as Provincial ..................
24
1.3
Appointment of the Provincial.................................................
24
1.4
Taking possession .....................................................................
24
1.5
Length of appointment.............................................................
25
1.6
Composition of the Provincial Council ...................................
25
1.7
Requirement for appointment as Provincial Councillor........
26
1.8
Appointment of Provincial Councillors...................................
27
1.9
Period of office of Provincial Councillors ...............................
29
1.10 Consent and opinion of Provincial Council ............................
29
2.
THE PROVINCIAL CHAPTER
2.1
Nature and responsibilities of the Provincial Chapter ...........
32
2.2
Convocation of the Provincial Chapter and its frequency .....
33
2.3
Composition of the Provincial Chapter...................................
34
2.4
Procedures for elections to the Provincial Chapter................
34
2.5
Particular norms for the functioning of the Provincial Chapter
38
3.
THE PROVINCIAL SECRETARY
3.1
The role of the Provincial Secretary ........................................
40
3.2
Duties of the Provincial Secretary ...........................................
41
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3.2.1 Function as a notary .................................................................
41
3.2.2 In charge of the services of the Secretariat................................
42
3.2.3 Channels of information and communication .........................
42
3.2.4 In charge of the Provincial Archive ...........................................
43
3.3
Attributes of the Provincial Secretary .....................................
43
3.4
Appointment and term of office of the Provincial Secretary
44
4.
ENTRANCE INTO THE SOCIETY.
PRENOVITIATE AND NOVITIATE
I. NORMS REGARDING THE PRENOVITIATE....................
45
4.1
Admission to the Prenovitiate..................................................
45
4.2
The objectives ...........................................................................
46
4.3
The formative environment .....................................................
46
4.4
Length of Prenovitiate ..............................................................
46
II. NORMS REGARDING THE NOVITIATE ..........................
47
4.5
Novitiate House ........................................................................
47
4.6
Director of Novices ...................................................................
49
4.6.1 Appointment of the Director of Novice .....................................
49
4.6.2 Duration in office of the Director of Novices ............................
49
4.7
Admission to the Novitiate.......................................................
50
4.7.1 Requirements for admission to Novitiate .................................
50
4.7.2 Necessary documentation..........................................................
51
4.7.3 Procedures for admission to the Novitiate................................
52
4.8
Duration of the Novitiate and interruptions to it ...................
53
4.8.1 Duration of the Novitiate ..........................................................
53
4.8.2 Interruptions during the Novitiate ............................................
53
4.8.3 Conclusion of the Novitiate.......................................................
53
5.
SALESIAN RELIGIOUS PROFESSION
5.1
Temporary profession and perpetual profession ....................
55
5.2
Admission to first profession ...................................................
57
5.2.1 Timing of first profession.........................................................
57
5.2.2 Conditions for the validity of the first profession ..................
57
5.2.3 Procedure for admission to first profession ...........................
57
5.2.4 Documentation for first profession .........................................
58
5.3
Renewal of temporary profession............................................
59
5.3.1 Timing of renewal of temporary profession...............................
59
5.3.2 Procedure ...................................................................................
60
5.3.3 Documentation..........................................................................
60
5.3.4 Periodic scrutinies or assessments ............................................
60
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5.4
Perpetual Profession.................................................................
60
5.4.1 Immediate preparation for perpetual profession.......................
61
5.4.2 Procedure for admission to perpetual profession......................
61
5.4.3 Timing of perpetual profession ..................................................
62
5.4.4 Documentation for perpetual profession ..................................
63
5.5
The celebration of Profession ..................................................
64
5.6
Re-admission to the Congregation ..........................................
64
5.7
Religious on military service....................................................
66
6.
MINISTRIES AND SACRED ORDERS
6.1
The Ministries of Reader (Lector) and Acolyte.......................
68
6.1.1 Obligations of Ministries for candidates to diaconate and
priesthood ..................................................................................
68
6.1.2 Application for admission .........................................................
68
6.1.3 Procedure for admission............................................................
69
6.1.4 Conferring of Ministries.............................................................
69
6.1.5 Exercise of Ministries ................................................................
69
6.1.6 Documentation..........................................................................
69
6.2
Order of Diaconate ...................................................................
70
6.2.1 Prerequisites for admission to the Diaconate ...........................
70
6.2.2 Admission to the Diaconate ......................................................
71
6.2.3 Dimissorial Letters ....................................................................
72
6.2.4 Documentation..........................................................................
72
6.2.5 Exercise of the diaconate ...........................................................
73
6.2.6 The Permanent Diaconate .........................................................
73
6.3
The Order of the Priesthood ....................................................
74
6.3.1 Prerequisites for priestly ordination ..........................................
74
6.3.2 Admission to the Priesthood .....................................................
75
6.3.3 Dimissorial Letters ....................................................................
75
6.3.4 Documentation..........................................................................
75
7.
SEPARATION FROM THE SOCIETY
7.1
Transfer to another Institute....................................................
77
7.2
Temporary absence from the Religious House.......................
79
7.3
Exclaustration ...........................................................................
82
a. Exclaustration granted ..........................................................
82
b. Exclaustration imposed.........................................................
84
7.4
Temporarily professed leaving ‘at end of vows’ ......................
84
7.5
Indult to leave the Institute for a temporarily professed member
85
7.6
Indult to leave the Institute for a perpetually professed member
87
7.7
Secularisation ...........................................................................
89
7.8
Dispensation from the diaconate.............................................
92
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7.9
Dispensation from priestly celibacy ........................................
94
7.9.1 Competent authority to grant it.................................................
94
7.9.2 Conditions .................................................................................
94
7.9.3 Procedure for presenting the request .........................................
95
7.9.4 Documents required ..................................................................
97
7.9.5 Notification of dispensation...................................................... 100
7.10 Dismissal from the Society ...................................................... 100
7.10.1 Dismissal ‘ipso facto’ ................................................................ 101
7.10.2 Obligatory Dismissal ................................................................ 102
7.10.3 Dismissal on the judgement of the Superior ......................... 104
7.10.3.1 Motivess for dismissal ............................................................... 104
7.10.3.2 Particular motives for dismissal (can. 695, §2)........................ 104
7.10.3.3 Dismissal of a temporarily professed member .......................... 105
7.10.3.4 Procedure to be followed............................................................ 105
7.10.3.5 Notification of the decree of dismissal ...................................... 107
7.10.3.6 Effects of the dismissal .............................................................. 107
7.10.3.7 Notes of a procedural nature ..................................................... 108
7.10.4 Confrere who cannot be found ................................................ 109
7.10.5 Expulsion from the community in urgent cases .................... 109
7.11 Help for confreres who leave the Congregation ..................... 111
8.
RELIGIOUS HOUSE AND LOCAL COMMUNITY
8.1
Opening and canonical erection of a Salesian House ............ 112
8.1.1 Opening and canonical erection................................................ 112
8.1.2 Opening of a Salesian foundation............................................. 112
8.1.3 Conditions for canonical erection ............................................. 113
8.1.4 Procedure for canonical erection............................................... 113
8.1.5 Division of a House into two (or more) new Houses............... 114
8.2
Change of scope of a House..................................................... 114
8.3
Appointment of the Rector of a House which is canonically
erected ....................................................................................... 115
8.3.1 Consultation .............................................................................. 115
8.3.2 Appointment by the Provincial with his Council...................... 115
8.3.3 Approval of the Rector Major .................................................... 115
8.3.4 Taking possession ...................................................................... 115
8.3.5 Confirmation of a Rector for a second triennium .................... 116
8.3.6 Confirmation of a Rector for a third triennium ....................... 116
8.4
Appointment of Councillors and other offices in a local com-
community ................................................................................ 116
8.4.1 Appointment of the Vice rector .................................................. 116
8.4.2 Appointment of the local economer (bursar/administrator/
/treasurer...)................................................................................ 117
8.4.3 Appointment of the members of the Council of the community 117
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8.4.4 Other offices............................................................................... 117
8.5
Assignment of a member to a House ...................................... 118
8.6
Acceptance of a parish ............................................................. 118
8.7
Canonical closure of a House .................................................. 120
9.
THE PROVINCE
9.1
Erection or suppression of a Province .................................... 122
9.2
Erection of a Vice-Province...................................................... 122
9.3
Circumscription by Special Statute......................................... 123
9.4
The Provincial Delegation ........................................................ 123
9.5
Provincial House....................................................................... 124
9.6
Enrolment of a member in a Province.................................... 125
9.7
Transfer of a member from one circumscription to another. 125
9.7.1 Definitive transfer ...................................................................... 125
9.7.2 Temporary transfer..................................................................... 126
9.8
Confreres working in non-Salesian structures ....................... 126
10.
DUTIES AND PARTICULAR FACULTIES OF THE PROVINCIAL
10.1 Duties and faculties regarding the spiritual life of religious.... 128
10.1.1 Duties of the Provincial to provide for confessior for his subjects 128
10.1.2 Faculties of the Provincial concerning the administration of
the Sacrament of Penance ......................................................... 129
10.1.3 Faculties for dispensing from private vows .............................. 131
10.2 Apostolate of the professed ...................................................... 132
10.3 Places of worship...................................................................... 134
10.4 Masses ....................................................................................... 135
10.5 Penal sanctions ......................................................................... 137
10.5.1 Possibility of threatening penal precepts ................................... 137
10.5.2 Different kinds of penal sanctions............................................. 137
10.5.3 Application of penalties ............................................................. 138
10.5.4 Recourse against administrative decrees .................................. 139
10.6 Dispensations and permissions ............................................... 139
11.
ADMINISTRATION OF TEMPORAL GOODS
11.1 Extraordinary operations ......................................................... 142
11.2 Purchase of immovable goods ................................................. 144
11.3 Alienation of immovable goods either with obligation at-
tached or gratuitous (sale or donation) .................................. 144
11.4 Loans and borrowings.............................................................. 145
11.5 Acceptance of inheritances, legacies or donations ................. 146
11.6 Demolition of existing buildings, construction of new ones,
important alterations in a House ............................................ 147
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11.7 Life annuities, scholarships, Mass obligations or particular
foundations and charities ........................................................ 148
11.8 Other requirements according to the Regulations ................. 149
11.8.1 Annual Rendiconto (financial) ................................................. 149
11.8.2 Annual contribution (quota) of the Houses of the Province .... 150
11.8.3 Use of excess money .................................................................. 151
11.8.4 Requirements foreseen by art. 190 of the Regulations.............. 151
11.9 Economic relationships between the Salesian House and
the Salesian Parish ................................................................... 152
11.10 Canonical norms concerning inheritances, legacies, dona-
tions or other ‘pious dispositions’............................................ 156
12.
COMMUNICATION BETWEEN PROVINCIAL SECRETARIAT
AND THE GENERAL SECRETARIAT
12.1 The need for communication. Relationships of the Provincial
with the Rector Major and his Council ................................... 159
12.2 The service of the General Secretariat .................................... 161
12.3 The service of the Provincial Secretariat ................................ 162
12.3.1 Documentation for each confrere.............................................. 163
12.3.2 Documentation for each community ........................................ 164
12.3.3 Documentation for each Province............................................. 165
a. Annuario (Year Book) of the Society................................... 165
b. Statistics (“FLASH”) re personnel at end of year ............... 166
c. Statistics re works and activities ......................................... 167
12.4 Relationships with the Apostolic See ...................................... 168
12.5 Some procedural norms of a general nature .......................... 169
12.5.1 Indicating confreres’ names ...................................................... 169
12.5.2 Indicating Province and Houses ............................................... 170
12.5.3 Form of addressing requests to the Rector Major ..................... 170
12.5.4 Dating documents ..................................................................... 171
12.5.5 Format for paper used ............................................................... 171
13.
PROVINCE ARCHIVE AND HOUSE ARCHIVES
13.1 Importance of Archives for our Society .................................. 172
13.2 Historical archives, current archives and ‘secret’ archives .... 173
13.3 Those responsible for Archives ................................................ 174
13.3.1 Province Archives ...................................................................... 174
13.3.2 House Archives .......................................................................... 175
13.4 Contents of the Archives .......................................................... 175
13.4.1 Provincial Archives.................................................................... 175
13.4.2 Local Archives............................................................................ 177
13.5 Arrangement of the Archives ................................................... 178
13.6 Preservation of documents....................................................... 180
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APPENDICES
APPENDIX A-1
List of forms (modules) in use for the Archive ... 185
APPENDIX A-2
Admission to Novitiate (Module F2).................. 187
APPENDIX A-3
Communication of the departure of a confrere
after his vows have elapsed ................................ 188
APPENDIX A4
Notification of the death of a confrere (Module
F23) ...................................................................... 190
APPENDIX A-5
“Curriculum vitae” .............................................. 191
APPENDIX A-6
“Dimissorial Letters”........................................... 192
APPENDIX A-7
“Professio fidei” and oath of fidelity .................. 193
APPENDIX A-8
Absence from the religious House ..................... 196
APPENDIX A-9
Indult of secularisation – model for request ..... 197
APPENDIX A-10 Dismissal of a member: dismissal ‘ipso facto’.... 198
APPENDIX A-11 Dismissal of a member: model for canonical
warning ................................................................ 199
APPENDIX A-12 ‘Edict’ for dismissal of a confrere who is impos-
sible to find.......................................................... 201
APPENDIX A-13 Dispensation from priestly celibacy................... 202
APPENDIX A-13-1 Nomination of the Instructor causae .................. 202
APPENDIX A-13-2 Nomination of notary .......................................... 202
APPENDIX A-13-3 Authentication of copies of acts .......................... 203
APPENDIX A-13-4 Example of questionnaire .................................... 203
APPENDIX A-13-5 Form for questioning texts................................... 206
APPENDIX A-13-6 Report (and final judgment) of the Instructor
of the Cause.......................................................... 207
APPENDIX A-13-7 Final report of Provincial and judgment “de rei
veritate” ................................................................ 208
APPENDIX A-13-8 Communication of concession ............................ 209
APPENDIX A-14 Acceptance of a parish - draft of agreement ..... 210
APPENDIX A-15 Statistics at end of year (“FLASH”) ................... 213
APPENDIX A-16 Personal details form for confreres ................... 218
APPENDIX A-17 Form for each House .......................................... 220
APPENDIX A-18 Form for central archive..................................... 222
ANALYTICAL INDEX ............................................................................ 223
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2 Pages 11-20

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PRESENTATION
In 1987 the manual ‘Elementi giuridici e prassi amministrativa nel
governo dell’ispettoria’ was published, following the earlier ‘Manuale
del Segretario ispettoriale [‘Provincial Secretary’s Manual’] , integrating
aspects of a juridical nature or which concerned administrative practice
in the Province, taking account of both the promulgation of the Code
of Canon Law in 19831, and – for us Salesians – the approval of the
renewed text of the Constitutions in 1984.
Now, more than seventeen years later, during which time the text has
been there to consult and guide in juridical aspects and for carrying out
normative requirements above all at provincial level, we have decided to
publish a new edition, revised in part. This was not only because the
previous edition was out of stock, but mainly because it was an oppor-
tunity to introduce updates tied to the intervening changes in some parts
of our own law but also in some aspects of ecclesial practice. As far as
our own law is concerned, it should be recalled that in the most recent
General Chapters (from GC23 to GC25) some modifications were intro-
duced – albeit small ones – to the texts of the Constitutions and Gener-
al Regulations, and these had to be taken into account 2, along with oth-
er capitular deliberations. In the Year 2000, besides, the renewed edition
of the ‘Ratio’ (‘The Formation of the Salesians of Don Bosco’) was
published, with its supplementary text (‘Criteria and norms for Sale-
sian vocational discernment’). In regard to the Church, as well as some
juridical clarifications, there was a need to deal in particular with the
norms given in 1991 by the Congregation for Divine Worship and the
Discipline of the Sacraments in the case of dispensations from priestly
celibacy. All this was looked at in coming to a conclusion that an update
of the manual was needed. The changes – in reference to the previous
text – are not many, but they need to be considered. The Procurator Gen-
eral, especially for the juridical part, and the Secretary General, worked
together on the revision.
1 Cf. JOHN PAUL II Apostolic Constitution Sacrae disciplinae leges Rome 25 January 1983
2 In 2003 a revised edition of the Constitutions and Regulations was published in which
the modifications introducd by the recent General Chapters were included.
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As was indicated in the 1987 edition, the current ‘Manual’ is addressed
primarily and specifically to the Provincial and to those who collaborate
with him in governing the Province, and for its proper organisation; in
a particular way the Provincial Secretary has been kept in mind, since
he is there beside the Provincial to help him in attending to the juridical
and administrative tasks and to look after the Province archives.
Because of the kind of text it is, it is linked directly to the book dealing
with the Provincial’s ministry of animation, (“L’ispettore salesiano: un
ministero per l’animazione e il governo della comunità ispettoriale”
‘[The Salesian Provincial: a ministry for the animation and govern-
ment of the provincial community’]): in fact it takes up many of the
topics to be found there, developing them however from the particular
point of view of the law.
As far as the setting out of material is concerned, it remains the same as
for the 1987 edition, as can be seen from a quick glance at the General
Index.
After an introduction on the meaning of community norms, the first two
chapters consider aspects regarding the various bodies of provincial gov-
ernment: the Provincial, his Council, the Provincial Chapter (chap. 1
and 2). Special attention is given to the role of Provincial Secretary,
whose various functions are described (chap.3 ).
Three chapters follow dealing with the ‘curriculum’ of each member: the
stages of incardination in the Society and of the formation that follows
(chap. 4,5 and 6).
A complete chapter (chap. 7) is then given to studying the particular sit-
uations of confreres who, in various ways, are considering separation
from the Congregation. It can be noted how in this chapter particularly,
different updates have been added, either to take account of rulings from
the Apostolic See (as in the case of the dispensations from priestly
celibacy), or to explain more basically certain ways of proceeding in
drawing up case documents.
Chaps. 8 and 9 set out the norms respectively for the various Houses
and Province in their entirety. The following chapter (chap. 10) presents
in general the duties and the faculties that the law grants to the Provin-
cial as a Major Superior and a Religious Ordinary.
After an overview of the economic and administrative procedures (chap.
11), the last two chapters deal with two most important topics for com-
munity organisation: communication between the Provincial and the
General Administration (chap. 12) and the Archives, both of the
province and the local communities (chap.13).
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In conclusion what was written in 1987 could be recalled emphsising
that it is a question of material of an extremely practical nature: the text
is in fact presented as a compendium of norms taken from universal
law and from our proper law, with the procedures to follow in carrying
out the different tasks. But since for us Salesians no norm has sense if
detached from the fundamental purpose of the vocation and mission of
our Society, once again it is worth stating the importance of reading this
text in the light of the main guidelines of our Rule of life.
This way ‘juridical aspects’ too, and ‘administrative practice’ can be use-
ful for carrying out the Lord’s plan in the provincial and local commu-
nities in the spirit of our Father Don Bosco.
Rome, 24th May 2004.
Fr Marian Stempel
Secretary General
Fr Francesco Maraccani
Procurator General
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0. INTRODUCTION
LAW AND SALESIAN PRACTICE
The current Manual has as its purpose to assist the Provincial
and those who work closely with him – in the first place the
Provincial Secretary – in carrying out in practice the tasks of
government in the Province. It is directly linked to the book
which describes the Provincial’s service (‘A Ministry for ani-
mation and government of the provincial community’), where
we find the principles and basic criteria for animation and
government of the Province, and where we also find practical
problems regarding both the structures of government and
the people concerned considered specifically from the point
of view of law. It is also possible that some of the other top-
ics of this book dealing with the Provincial’s ministry are tak-
en up, but from a different perspective and with a typically
juridical tone to them.
0.1
Meaning of structures of government
and community norms
As we begin to consider juridical aspects, it is good to have in 1
mind the meaning that structures and community norms
have in our Society.
The Constitutions, in fact, in harmony with all of our tradi-
tion, clearly evidence, from the earliest articles, the nature
and purpose of the Society. These are to unite the brothers
(clerical and lay) into a community of consecrated persons,
so that they can be ‘signs and bearers of God’s love for young
people, especially for those who are poor’ (Con. 2). The pur-
pose towards which the Society (and each community,
in fact) leans is, then, that of the holiness of its members,
brought about through carrying out the mission of education
and evangelisation of poor youth (cf. Con. 23).
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But when we are dealing with a community of persons, in-
serted into a human and ecclesial context and with precise
pastoral tasks, this same community needs structures and
norms to guarantee an orderly and effective carrying out of
the mission.
The structures and community norms appear, thus, as means
for making possible and practical the carrying out of the com-
munity’s educative and pastoral project: The SGC explicitly
said this, referring to general principles of religious life: “The
religious life is of its nature charismatic, for this reason it has
a spiritual dimension and here its vitality is to be found. From
the very fact that religious are human and have specific goals
to attain together there is the need to have an organisation as
in any other society and this has need of structures.”1
From the principles indicated here we can understand the
absolute importance of community norms of a juridical and
practical kind, but together with them we do not lose sight of
the spiritual perspective in which they are considered, since
they are always addressed to the fulfilment of the pastoral
mission.
For the rest, the SGC continued, in reference to our Founder:
“Don Bosco wanted a true Religious Congregation, and
he wanted it well organised in such a way that there should
be side by side with an informal manner of exercising
authority, a structure pedagogically built around the person
of the superior.”2
0.2
2
Universal law and proper law
What are the ‘community norms’ that guide and direct our
Society – at different levels – so that it can be an authentic
Salesian community well organised in fulfilling the mission?
The answer is easy: we find these norms for valid and secure
organisation in the universal law of the Church and in our
own proper law.
1 SGC 706 cf. A Guide to the Salesian Constitutions, Rome 1986, p. 865; cf.
Apostolic Constitution ‘Sacrae disciplinae leges’ AAS 1983, Pars III, p. XXIII.
2 SGC 714.
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The universal law of the Church – collected together in the
Code of Canon Law – represents the complex of norms valid
for all Religious Institutes, to which our Society too must con-
form so that its mission will be truly ecclesial, according to the
intentions of the Founder. Since the Salesian community re-
ceives the Church’s mandate and carries it out in its name (cf.
Con. 6. 31. 44), it is necessary for its members to be faithful
to those dispositions that give ecclesial meaning to its actions.
From this we can also draw a practical consequence. Those
responsible for guiding the Province need to have an under-
standing of and to be in harmony with the universal law of
the Church; a specific competence is required, then, of the
one who carries out the functions of provincial ‘chancellor’,
i.e. the Provincial Secretary.
The proper law of the Society is based on the universal law 3
of the Church itself. In fact the Code of Canon Law, renewed
after the Vatican Council II, wanted to leave many practical
decisions to the individual Institutes, which are called to
express in their own proper legislative codes that which
characterises their specific charism for the good of the entire
people of God.
The proper law of our Society, according to indications given
in Cons. 191, comprises the following texts:
1. The Constitutions, which represent the ‘fundamental
code’ and contain the essential elements capable of defin-
ing the identity and mission of the Society, the ends it
proposes and the spirit that animates it, as well as the key
elements of community organisation (cf. CIC, can. 587).
2. The General Regulations which translate the essential ele-
ments of the basic code into practical norms adapted to
changing situations – always at a universal level.
3. The Deliberations of General Chapters which determine
the practical working guidelines for communities and
confreres in a given period of time (for example a six year
period) or to reach specific ends. It is along these lines
that we collect together the deliberations of General
Chapters regarding, for example, community life, the ed-
ucative and pastoral project, the formative project, the
missionary project etc.
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4. The General Directories which contain the complex of
norms valid for the entire Congregation on specific topics
(for example the Formation Directory, called “Ratio insti-
tutionis et Studiorum” – FSDB).
5. The Provincial Directories and other Deliberations of
Provincial Chapters which represent applied norms at the
level of the provincial community.
In the following pages constant reference will be made to the
above-mentioned normative texts.
0.3
4
The service of authority for putting into place
community norms
The service of authority in communities is strictly tied to
the discussion of the community project and to structures
and norms for carrying it out.
The Code of Canon Law highlights the fundamental role that
authority has in every religious community: it is presented as
being among the essential and characteristic elements of
every form of religious life (cf. CIC, can. 596 and can. 608);
and while it is recognised that the remote basis for religious
authority-obedience is the charism given by God to the
Founder (and this is why the charismatic nature of the group
shines through), universal law emphasises how such obedi-
ence-authority finds its place in the ecclesial setting: the hi-
erarchy which approves and authenticates charisms, not on-
ly recognises the authority of the Religious superior but also
outlines the principal elements of his important service. Can.
618-619 are given precisely to emphasising the prerogatives
of authority in the religious community.3
Regarding the Salesian community, art. 121 of the Constitu-
tions points out what must be the role and the characteristics
of authority in the school of Don Bosco: it is a service to the
brothers, exercised in the name and in imitation of Christ,
addressed to “fostering charity, coordinating the efforts of all,
animating, orientating, making decisions, giving corrections,
3 Cf. The Salesian Rector, Rome 1986 n. 282-283
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so that our mission may be accomplished.” Here are listed
typical aspects of Salesian authority already gathered togeth-
er in art. 44, 55 and 65 of the Constitutions.
As part of this service of animation and guidance, there is the
specific exercise of government in reference to observance of
community norms: this is an unavoidable task for the Supe-
rior, who is called to guide the community in fidelity to the
community project so that it can fully carry out its mission.
It is clear that this role, touching every Superior in his own
community, takes on a particular relevance at province level,
for the special meaning that the provincial community has
in relation to the carrying out of the Salesian mission in a
specific ecclesial and social context.
While the book dedicated especially to the ministry of
animation of the Provincial 4 has provided basic reasons for
the exercise of his authority and for the service of animator
and guide, this ‘book of government’ aims to be of special help
in the implementation of the juridical-administrative re-
quirements necessary in the management of the provincial
community.
4 Cf. L’ispettore salesiano. Un ministero per l’animazione e il governo della
comunità ispettoriale, Rome 1987.
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1. THE PROVINCIAL AND HIS COUNCIL
1.1
5
6
20
Role and Duties of the Provincial
Article 161 of the Constitutions says: “Each Province is head-
ed by a Provincial.”
The Provincial is therefore the religious Superior who has re-
sponsibility for all the houses and all the members of the
provincial community (Con 162).
By the universal law of the Church he is:
– A major superior, because to him is entrusted the govern-
ment of a juridical circumscription of the Society (the Re-
ligious Province or Ispettoria) (cf. CIC can 620);
– A religious Ordinary (cf. CIC can 134 §1) because he en-
joys “ordinary” power of government and jurisdiction (cf.
CIC can 129 (in internal and external forum) over the
members and over the communities, within the limits es-
tablished by the law.
It is to be noted that in the Vice-Provinces (Visitatorie) the Su-
perior of the Vice-Province has the same powers and rights as
a Provincial. So also in the Circumscriptions by special
Statute, except in what has been established in a particular
Statute of the Circumscription.
The Constitutions of our Society present the figure of the
Provincial above all as that of an animator and pastor (cf.
Cons 44 and 161) and specify the responsibilities which are
entrusted to him in the different sectors of the life and mis-
sion of the provincial community (cf. Con 161).
They stress that the Provincial as well as having “ordinary”
authority, carries out his ministry in union with the Rector
Major, the centre of unity of the whole Congregation.
Running through the texts of the Constitutions and of the

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General Regulations it is possible to summarise the principal
duties confided to the Provincial:
– With regard to members and the houses:
• to take care of the formation of the members, especial-
ly the novices and the young confreres (Con 161);
• to seek to have frequent personal contact with the con-
freres and to make the “Provincial Visitation” to each
house every year (Reg. 146);
• to animate the religious life and the apostolic mission
of the Province (Con 161; cf. Con 44);
• to keep in contact with the Rectors, whom he should
call together at least once a year to treat of matters of
general interest for the Province (Reg. 145);
• to control the administration of the goods of the
Province and of each house (Con 161).
– with regard to the Salesian Family:
by means of opportune contacts with the various groups
of the Salesian Family, and through his delegate he seeks
to promote the sense of belonging and a deeper under-
standing of the common vocation (Reg. 147); this task
forms part of the responsibility which article 5 of the
Constitutions entrusts to the Salesian Society to “pre-
serve unity of spirit and to foster dialogue and fraternal
collaboration for our mutual enrichment and greater
apostolic effectiveness.” The General Regulations explain
some of the specific tasks, which regard the animating
action of the Provincial in this sector:
• “It is the duty of the provincial and the rector, assisted
by their respective delegates, to sensitise the communi-
ties so that they may discharge their duties in the Sale-
sian Family.” (Reg. 36);
• “In response to their request and as far as it lies within
our power, we offer to the Daughters of Mary Help of
Christians our fraternal help and our priestly ministry.”
(Reg. 37);
• “We provide a service of spiritual assistance to the Don
Bosco Volunteers and to the religious and secular insti-
tutes who affirm in their statutes that they have a proj-
ect of apostolic life according to the salesian spirit”.
(Reg. 40);
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• The Regulations invite the community to encourage
and support the Association of the Past Pupils of Don
Bosco (cf. Reg. 39). The Rector Major, to whom the
Past Pupils refer as the centre of unity, charges the
Provincials with the animation of the communities and
of the Association itself. “The provincial in particular
should consider it important to appoint a provincial
delegate who is qualified and suitable in other ways.
He should plan meetings of rectors of a kind that will
lead the latter to a clear understanding of their com-
munities’ responsibility for animation and action, and
will help them to select (if need be) local delegates who
will be able to interpret and translate into practice this
duty of every community.” 1
• With regard to the Association of Salesian Cooperators,
apart from what is stated in Article 38 of the General
Regulations, here are some references taken from the
Regulations of Apostolic Life (RAL) of the Cooperators
themselves:
• “Salesian Provincials, because of the specific responsi-
bilities of the Society of St Francis de Sales substitute
the Rector Major at local level and guarantee, with the
collaboration of the rectors, the bonds of unity and
communion. They provide for the spiritual assistance
of the Centres and involve their own religious commu-
nities in the generous fulfilment of this service of ani-
mation” (RAL 23, no.3). “For this reason the Provin-
cial, in union with the Rector Major and sharing in his
ministry, has a particular responsibility as regards ani-
mation, guidance and promotion...” (RAL 42, no.2).
“Delegates are appointed by their own Provincial (SDB
or FMA) after hearing the opinion of the members of
the respective Council of the Cooperators, and with
due regard to the needs of the Centres” (RAL 46, no.2).
Article 45 §2 of the RAL finally speaks of the need for
the consent of the SDB Provincial (and if necessary al-
so of the FMA Provincial) for the erection of a local
centre of the Cooperators.
1 Cf. The letter of the Rector Major on “Past Pupils of Don Bosco” in
AGC321 1987 p.38
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– with regard to lay collaborators
• He shows a keen interest in their Salesian preparation
and should ascertain how they are integrated into our
works (Reg. 148).
– with regard to social and ecclesial organisations
• he will take care of relationships with authorities and
ecclesial and religious organisations within the territo-
ry of his circumscription; included in this task are the
relationships which the Provincial must maintain with
Bishops, with Religious Superiors and with the civil
authorities in his circumscription.
An annual duty of great importance for the service of anima- 7
tion and guidance entrusted to the Provincial is the Provin-
cial Visitation which he must undertake. The Provincial’s
Manual 2 speaks at length of the meaning which the Visita-
tion has for contact with the confreres and with the commu-
nities in view of the common mission and brotherhood. Here
are the organisational and juridical aspects as they are ex-
plicitly explained in article 146 of the General Regulations
which says:
1. Once a year he will make with particular care the provincial
visitation to each community.
2. During the visitation he should meet each member, hold
a meeting with the local council, and carry out with the
community a review of their religious observance, the wit-
ness of their consecrated life, their apostolic zeal in pastoral
activities, their concern for fostering vocations and the fi-
nancial situation. The provincial councillors may assist
him in this task.
3. At the end of the provincial visitation he should write down
in the register kept for the purpose in the archives of the
house his observations and decisions of a general character.
Those of a confidential nature he should communicate sep-
arately. At the next visitation he should verify that they have
been carried out.
2 L’Ispettore salesiano, Roma 1987, nn. 425-435
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1.2
8
Qualities required for appointment as Provincial
Following what is prescribed by Canon Law (cf. Canon 623)
the Constitutions (cf. art. 162) specify the following qualities
needed for a confrere to be validly appointed Provincial.
a. He must be a Priest; this corresponds with the general
norm set by article 121 of the Constitutions about the
priestly title for guidance of the Salesian community.
b. He must be perpetually professed for at least ten years; this
condition answers the requirement that whoever is called
to animate the provincial community has valid experi-
ence of the Salesian life and spirit.
1.3
Appointment of the Provincial
9 1.3.1 According to the norm of Constitution 162 the Provincial is
appointed by the Rector Major with the consent of his Council.
1.3.2
The appointment by the Rector Major is preceded “by a wide
consultation in the Province concerned”.
The following particulars are to be observed in making this
consultation:
– it is addressed to all the confreres of the Province (even to
those who are temporarily transferred to another
Province for reasons of study or illness)3;
– it is conducted by the Rector Major, according to the con-
ditions established by the Rector Major himself;
– the results are sent directly to the Rector Major who will
provide personally or by means of a delegate for the
scrutiny of the forms.
1.4
10
24
Taking possession
After his appointment by the Rector Major and his Council
and before he fully assumes his powers, it is necessary that
3 The norms given for participation in Provincial Chapters are valid also for
confreres taking part in the Consultation; these norms can be seen in Reg.
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the Provincial takes possession of the role of Superior in the
Province with which he has been entrusted.
The Provincial takes possession of a Province in a communi-
ty function in the presence of a Delegate of the Rector Major
(the Regional Councillor or the previous Provincial or a
Provincial Councillor).
When he takes possession of the Province, the Provincial
makes the Profession of Faith prescribed by the Constitutions
(Con 121)4, with the annexed oath of fidelity and signs the
corresponding document. For the “profession of faith” and
the oath of fidelity please see Appendix A-7 .
The document, certifying the taking of possession, signed by
the Provincial, is to be sent to the General Secretariat as soon
as possible.
1.5
Length of appointment
1.5.1
By virtue of the Constitutions (Con. 163), the Provincial stays 11
in office for six years.
The particular law of the Society prescribes that ordinarily
(except that is for very serious reasons) at the end of his
six years, the Provincial is not confirmed in office neither in
the Province where he has exercised his ministry, nor in any
other Province.
1.5.2
During the six years the Rector Major, with the consent of his
Council, can transfer the Provincial elsewhere or appoint
him to another office if he judges such action necessary for
the good of the Congregation (Con 163).
1.6
Composition of the Provincial Council
Canon 627.1 of the Code of Canon Law says: “Superiors are to 12
have their own Council, in accordance with the Constitutions
and they must make use of it in the exercise of their office.”
4 Cf. CIC canon 833, 8.
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The Salesian Constitutions, obeying canonical directions,
state that the Provincial may be assisted by a Council which
“assists him in everything that concerns the animation and
government of the Province.” (Con 164). It is up to the
Provincial to convoke the Council, arrange the Agenda and
preside at the meetings.
Whilst the text of the Constitutions recommends that “in mat-
ters of greater importance he should always listen to his Coun-
cil” (Con 165), article 155 of the Regulations prescribes that
“the Council shall be called together at least once a month, and
the agenda to be dealt with shall be made known in advance.”
13
With regard to the composition of the Provincial Council, the
Salesian Constitutions (Con. 164) state that it is made up of:
• the Vicar of the Provincial (Vice-Provincial);
• the Provincial Economer;
• and ordinarily three or five other Councillors.
The decision on the number of Councillors (three or five), be-
sides the Vice-Provincial and Economer, will depend on the
situation and the needs of the Province (numbers, territorial
extension, facility of animation...) and will be proposed to the
Rector Major by the Provincial himself.
The Constitutions do not foresee that the Councillors will be
given a particular sector of animation (similar to what hap-
pens in the General Council); however, this does not prevent
the Provincial from charging individual Councillors to help
him in a special way in a specific sector (Youth Ministry, For-
mation, Salesian Family ...)
1.7
Requirements for appointment as Provincial Councillor
14 1.7.1
For a member to be appointed a Provincial Councillor the
Constitutions require that he be perpetually professed for at
least five years and no longer in the period of initial formation
(for a brother, that is, that he has finished his formation stud-
ies, for a cleric that he be a priest or a permanent deacon)
(Cf. Con. 166).
This answers the need for the Provincial Councillor, called
to collaborate with the Provincial in discernment and anima-
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tion, to have completed his formation and to have had genuine
experience of Salesian life and activity.
1.7.2
A requirement for the Vice-Provincial is that he be a priest.
This need is tied to the fact that the Vice-Provincial, taking
the place of the Provincial in the ordinary governance of the
Province, is a Major Superior and Religious Ordinary (like
the Vicar-General in a diocese); the general norms given in
article 121 of the Constitutions therefore apply to him. It is to
be noted in particular that the Vice-Provincial, bearing in
mind Canon 833.8 and Constitution 121 must make the pro-
fession of faith before assuming office.
1.8
Appointment of Provincial Councillors
1.8.1
Provincial Councillors are appointed by the Rector Major with 15
the consent of his Council (Con. 167). Given the importance
which Provincial Councillors have in the animation of the
Province, the Constitutions want the Superior General himself
to select the persons who are most suitable to assist the Provin-
cial in his important duties. The Provincial, however, is called
upon to make his proposals to the Rector Major; he knows the
Province and its needs for adequate animation at first hand and
it is therefore appropriate that he proposes to the Rector Major
those people whom he sees are most suitable for collaboration.
1.8.2
The Constitutions prescribe that for the appointment of 16
Provincial Councillors a wide consultation be made among
the confreres of the Province (Con. 167).
The manner of such a consultation, following the norm of
Regulation 154, is fixed by the Rector Major with the con-
sent of his Council. The principal indications given by the
Rector Major and his Council are published in number 312
of the Acts of the General Council.5
A. The Consultation
1. All the confreres of the Province are to be consulted. In his
5 Cf. AGC312, 1985 pp. 54-55.
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duty of animation the Provincial should aim at arousing a
sense of participation and co-responsibility. (Con. 123)
2. Every confrere should be invited to propose on the appro-
priate form three names in order of preference with the rea-
sons for his choice: This is to be done separately for the
Vice-Provincial, for the Economer and for each of the
Councillors who are finishing their term of office. It
should be borne in mind that in accordance with Consti-
tution 167 the members of the Council finishing their
first three-year period may be re-elected.
3. The Provincial conducts the consultation at least every
three years and it remains valid for the following three
years. This presumes that the expiry dates of the Coun-
cillors during the triennium are listed and are made
known to the confreres along with the specific duties they
perform in the Council itself.
4. The consultation should be made in good time so that the
proposals reach the Rector Major for examination during
one of the two plenary sessions of the General Council.
B. Examination and evaluation of the results.
5. The counting and the evaluation of the replies of the con-
freres are to be undertaken by the Provincial. He will ex-
amine and analyse the opinions of the confreres so that
he can accurately fill in the appropriate forms which come
from the General Secretariat. The Provincial will send to
the Rector Major a copy of each form with the results of
the Consultation.
6. The Provincial, bearing in mind the results of the Con-
sultation and after careful reflection and discernment,
will decide on the proposals which he will send to the Rec-
tor Major, along with the results of the consultation on
another form furnished by the General Secretariat. The
Provincial may consult trustworthy people, but, because
of the nature of the Consultation and the ends which it
proposes, it is not something to be submitted to the ex-
amination and vote of the Provincial Council.
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1.9
Period of Office of Provincial Councillors
The Constitutions state that the period of office of each 17
Councillor is three years (Con. 167). At the end of the three-
year mandate the Councillor may be re-elected following the
procedure given above (consultation, proposal of Provincial,
nomination of the Rector Major with the consent of his
Council).
The Constitutions also state that, during the three-year peri-
od a Councillor may be relieved of his office. In this case it is
prescribed that, since the appointment of the Provincial
Councillors lies within the jurisdiction of the Rector Major,
then his being relieved of office, also in the case of the one
concerned requesting it, depends solely on the Rector Major
himself.
1.10 Consent and opinion of the Provincial Council
The Constitutions and Regulations indicate the main tasks of 18
the Council which assists the Provincial in everything that
concerns the animation and government of the Province (cf.
Con.164-165; Reg. 155).
The cases in which the Provincial must have the consent or
must hear the opinion of his Council are spelt out in detail.
In these cases it must be borne in mind that:
– When the consent of the Provincial Council is required
the Provincial acts invalidly if he has not duly convoked
the Council and if he has not received its positive consent
(the positive vote of the majority of the Councillors pres-
ent). It is to be noted that, in proposing the vote for this
consent, the Provincial does not vote nor does his vote
count in resolving an equal vote of the Councillors.6
– When the opinion of the Council is requested, the Provincial
is bound to ask the Council for it but he is not obliged to
follow the opinion of the majority in the decision he takes.
This having been said, there follow the various cases in
6 See, in this case, the official interpretation given by the Commission for
Interpretation of CIC in AAS 1985, p.771.
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19
30
which the consent or the opinion of the Provincial Council is
required, as they are given in the Constitutions or General
Regulations:
A. Cases in which the Provincial must have the consent of his
Council:
1. Admission to novitiate, to profession, to ministries and to
sacred orders (Con. 108);
2. Appointment of a Rector or his possible transfer (Con.
177);
3. Appointment of the Director of Novices (Con. 112);
4. Setting up provincial Delegations and appointment of
Delegates (Con. 159);
5. Request to the Rector Major and his Council for authori-
sation to open or close houses, to modify the scope of ex-
isting works and to undertake extraordinary works (Con.
132);
6. Convocation of an extraordinary Provincial Chapter
(Con. 172);
7. Financial operations as specified in article 188 of the
Constitutions (cf. also Reg 193);
8. The determination of sectors of activity which will be rep-
resented in local councils (Con. 180);
9. Modification of the ordinary structures and roles within
communities (Con. 182);
10. Authorisation of confreres to live outside the religious
house (Can 665 §1; cf. Con. 165);
11. Agreements with local Ordinaries and ecclesiastical and
civil bodies (Regs. 23 & 25);
12. Setting up mission offices and making twinning arrange-
ments (Reg. 24);
13. Authorisation given to a confrere to perform pastoral
work in non-Salesian institutes (Reg 35);
14. Decision to change the Provincial House (Reg. 153);
15. Appointment of a Moderator of the Provincial Chapter
and invitation of experts and observers to it (Reg. 168);
16. Determination of the manner of consultations for the ap-
pointment of Rectors (Reg. 170);
17. Appointment of a Rector to another office before the
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18. Approval of the annual financial budget and balance
sheet of the Province (Con. 190; Reg. 196);
19. Determination of the contribution of the houses required
for the needs of the Province (Reg. 197);
20. Authorisation of modifications and other initiatives of
any considerable importance in the houses (Reg. 200).
B. Cases in which the Provincial must seek the opinion of his 20
Council:
1. for the choice and preparation of personnel for formation
communities (Reg. 157);
2. for the selection of parish priests (Reg. 27);
3. for the temporary transfer of a confrere to another
Province (Reg. 151);
4. for the appointment of the Provincial Secretary (Reg.
157);
5. for the setting up of offices and secretariats, and the es-
tablishing of commissions for consultation or pastoral
activity at provincial level (Reg. 160).
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2. THE PROVINCIAL CHAPTER
2.1
21
22
Nature and Responsibilities of the Provincial Chapter
Articles 170 and 171 of the Constitutions determine the
nature and competence of the Provincial Chapter. Such
aspects are amply treated elsewhere1, but it is opportune to
recall here the essential elements.
From a charismatic point of view the Provincial Chapter is
fundamentally “the fraternal gathering in which the local
communities strengthen their sense of belonging to the
provincial community” (Con 170); it is therefore the place
and the privileged moment for the co-responsible construc-
tion of the provincial community and the examination and
evaluation of its mission.
Juridically the Provincial Chapter is the Representative
Assembly of the confreres of the local communities. In fact,
by means of the local and provincial elections the propor-
tional presence of all the communities and of all the mem-
bers is guaranteed, and the sum total of the activities and the
works of the Province are reflected on.
The responsibilities of the Provincial Chapter are clearly
indicated in article 171 of the Constitutions and in article
167 of the General Regulations:
1. To decide on what pertains to the good running of the
Province; in particular, to enquire into suitable means for
promoting the religious and pastoral life of the Provincial
Community (Con 171 1.2).
Forming part of this task:
1 Guide to the Reading of the Salesian Constitutions, Rome 1986 p. 833 and
following; cf. also The Salesian Provincial, Rome 1987, numbers 416-421.
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– to study and analyse the report of the Provincial on the
state of the Province (Reg. 167,1);
– to suggest ideas and criteria for the planning and reor-
ganization of the works of the Province (Reg. 167,3);
– the contribution which the Provincial Chapter can
give for the Provincial Educative and Pastoral Project
(cf. Reg. 4).
2. To formulate and revise the Provincial Directory in mat-
ters left to be decided at provincial level (Con. 171,4).2
3. To study and evaluate how the deliberations of the previ-
ous General Chapter have been carried out and to prepare
suitably for the next. For this last case the Provincial
Chapter must elect one or more delegates to the General
Chapter and their substitutes (Con. 171,3.5; Reg. 167,2).
2.2
2.2.1
2.2.2
2.2.3
Convocation of the Provincial Chapter and its frequency
Convocation of the Provincial Chapter is made by the Provin- 23
cial (Con. 172) with an appropriate circular letter addressed
to the confreres of the Province.
In the letter of convocation the Provincial explains the objec-
tives which the Chapter proposes, communicates the name
of the Moderator and indicates the time foreseen for the
preparation and celebration of the Chapter.
The Provincial Chapter shall ordinarily be called together every 24
three years (Con. 172).
The triennial rhythm can be modified when a General Chap-
ter is convoked for motives foreseen by article 143 of the
Constitutions (death or resignation from office of the Rector
Major) or by article 149 (Extraordinary General Chapter).
In cases of special necessity, when the good of the Province 25
requires it, an extraordinary Provincial Chapter can be convoked.
The decision for the convocation is made by the Provincial
who must have the consent of his Council and who must
consult the Rector Major (Con. 172).
2 Cf. AGC315, 1985 pp. 35-43.
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2.3
Composition of the Provincial Chapter
26
The composition of the Provincial Chapter is determined by
article 173 of the Constitutions.
Some members of the Provincial Chapter are there by right,
others are elected.
2.3.1
The members by right (“ex officio”) (in virtue of their office) are:
– the Provincial and Provincial Councillors;
– the Delegate of each of the Provincial Delegations;
– the Moderator of the Provincial Chapter;
– the Rectors of all canonically erected houses; or, if a Rec-
tor is seriously impeded, the Vice-rector with the previ-
ous approval of the Provincial;
– the Director of novices.
2.3.2
Elected members:
For these the Constitutions provide for two separate elec-
tions at two different levels:
a. at local level: every house, or group of houses, elects its
delegate to the Provincial Chapter in accordance with
what is laid down below;
b. at provincial level: delegates are chosen from among the
members of the Province (who are not members by right
or already elected in the individual houses) in proportion
of 1 for 25 or fraction of 25 members of the Province.
2.4
Procedures for elections to the Provincial Chapter
27
It is opportune to summarise the procedures for elections to
the Provincial Chapter as indicated by the Constitutions and
the General Regulations.
2.4.1
For elections at the level of each house:
a. In the case of a canonically erected house with at least
six members: the confreres belonging to it meet, under
the presidency of the Rector, to elect a delegate for the
Provincial Chapter and a substitute who will take his
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place if he is definitely unable to take his place at the
Chapter (Reg. 161-162). The norms for the voting are giv-
en in article 153 of the Constitutions: both the delegate
and the substitute are elected by secret vote; whoever
receives the vote of an absolute majority of those present
will be considered elected. If the first scrutiny should be
ineffective, there shall be a second and a third. If the third
also should be inconclusive there shall be a fourth in
which the only candidates shall be the two members who
have obtained the highest number of votes in the third
scrutiny. If again there should be an equal number of
votes, the senior by profession shall prevail, and in the
case of equality of profession, the senior by age.
b. In the case of a canonically erected house but with less
than six members: the Provincial shall arrange for its
confreres to meet with those of a house (or more houses)
in identical conditions and together, under the presiden-
cy of the Rector who is senior by first profession they will
proceed to the election of a delegate and a substitute
under the voting norms indicated above.
If for various reasons it is not possible to join together
canonically erected houses in the above-mentioned con-
ditions, the Provincial shall arrange that the confreres of
the house with less than six members join those of a
neighbouring canonically erected house with six or more
members (Reg 163).
c. In the case of a Salesian house not yet canonically
erected: since it must always be linked to a (neighbour-
ing) canonically erected house, the Provincial shall
arrange for the confreres of the community not yet
canonically erected to join those of the house to which
they are linked, and together, with equal rights active and
passive they will proceed to the election of a delegate and
substitute to the Provincial Chapter.
2.4.2
For the elections at provincial level the procedure is indicated 28
in article 165 of the General Regulations. The article is repro-
duced here in full:
1. When the election of the delegate of each community has
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been completed, the provincial will notify the confreres of
those elected, and will send them a list of the perpetually
professed members of the province who are eligible for the
provincial chapter. This list will include confreres tem-
porarily and lawfully absent from the province and exclude
confreres of other provinces present for the same reasons;
2. confreres who for lawful reasons are temporarily absent
from their province will participate in the election of the
community in which they reside, but for the election of
delegates of the provincial community they will receive
from their own provincial a voting-paper which they will
return to him duly completed;
3. the number of those to be elected is in proportion of 1 for
every 25 or fraction of 25 members of the province; in
arriving at the number both temporarily and perpetually
professed members are included, as well as confreres
temporarily absent from the province for lawful reasons;
4. each confrere with the right to vote will receive from his
provincial a voting-paper on which he may indicate as
many names as there are members to be elected;
5. it is for the provincial to collect the voting-papers and
guarantee the secrecy of the voting;
6. the counting of the votes will be done by scrutineers
appointed by the provincial. Those who have the highest
number of votes in successive sequence will be elected. If
votes are equal the senior by profession will be elected, or
in the case of further equality the senior by age;
7. if the substitute of a delegate of a community is elected
on the provincial list a new election for the substitute will
be made. If one of those elected on the provincial list can-
not take part in the chapter, he will be substituted by the
first of the non-elected members who received the high-
est number of votes.
29 2.4.3
36
With regard to participation at the elections (cf. Con.174; Reg.
165) the following is to be noted:
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part in the election of the delegate and substitute in the
local community even those who have only been trans-
ferred temporarily (unless they are guests who are simply
passing through); in particular, students in formation
houses or houses of study and confreres temporarily
transferred to a house because of illness vote in the elec-
tion of delegate and substitute;
b. all the perpetual and temporary professed who, at the
time of the elections for the chapter, live and work in the
Province, take part in the election of delegates in the
provincial community, both those who are definitively
incardinated (in the Province) and those who have been
temporarily transferred for reasons of work. Confreres
from another province who are present in the Province
for reasons of study or health or work directly concern-
ing the province to which they belong are excluded.
(These take part in the voting for the province to which
they belong.)
Confreres of the province who are legitimately absent
from the province also take part in provincial ballots.
These are students who are away from the Province and
others who are elsewhere for reasons of health or apos-
tolate on behalf of the Province or who are legitimately
absent (absentia a domo) provided that, in this last case,
there is no mention of loss of voting rights (active and
passive) in the document granting leave of absence.3
2.4.4
In special cases our own particular law allows voting by letter. 30
Article 164 of the General Regulations says the following
concerning this:
Besides what is prescribed in article 165 of the General Reg-
ulations, voting by letter is allowed, with the approval of the
provincial, in the following cases:
3 Confreres who are exclaustrated do not take part in the election of dele-
gates for the Provincial Chapter (nor can they be elected) whether they have
an Indult of Exclaustration granted by the Rector Major or whether they
have been secularised “ad experimentum” in a diocese (These have the state
of exclaustrated confreres during the period of probation). Canon 687 of
the Code of Canon Law states that the exclaustrated religious has neither
active or passive voice.
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1. when because of distance or other serious reason the mem-
bers of communities with less than the minimum of six
professed members cannot meet together nor join the mem-
bers of another house with six or more professed members
for the election of the delegate to the provincial chapter;
2. when a confrere cannot be present for serious reasons at
the election of the delegate of his own community;
3. when a member of the provincial chapter cannot attend
the chapter for the election of the delegate of the province
to the General Chapter.
31 2.4.5
For an adequate representation of members in the Provincial
Chapter the Provincial should bear in mind what article 169
of the General Regulations says:
“In elections, consultations and appointments it should be
kept in mind that it is desirable for chapters and councils to
express by the significant presence of clerical and lay mem-
bers the complementary relationship between them that is
characteristic of our Society.”
2.5
Special norms for the functioning of the Provincial Chapter
32 2.5.1
Appointment of the Moderator
With the consent of his Council the Provincial has the power
of appointing the Moderator of the Provincial Chapter (Reg.
168).
He will attend to this in good time so that the confreres can
send their proposals or observations to the Moderator or
obtain information from him.
After the appointment of the Moderator, the Provincial and
his Council can also appoint a Preparatory Commission for
the Chapter itself.
33 2.5.2
38
Experts and observers at the Provincial Chapter.
With the consent of his Council the Provincial has the power
of inviting to the Provincial Chapter Salesians and non-Sale-
sians as experts and observers without the right to vote (Reg.
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2.5.3
Standing orders of the Provincial Chapter
34
It belongs to the Provincial Chapter, after it has been con-
voked and declared open, to establish standing orders for the
functioning of the Provincial Chapter (Reg. 167, 4).
The Provincial Chapter, in drafting its own standing orders
will bear in mind both the prescriptions already established
by the universal law or by our own particular law and those
norms possibly contained in the “Provincial Directory”; the
Provincial Directory can in fact lay down norms which are
judged to be sufficiently lasting, so as to be applied to suc-
ceeding Provincial Chapters.
2.5.4
Manner of substitution at Chapters
35
Among the norms which the Provincial Chapter must decide
there are those regarding the manner in which substitutes to
the General Chapter take part (cf. Reg. 162). Such procedures
refer particularly to the manner in which each individual
substitute will take the place of one or other delegate to the
Chapter in the event that he is unable to be present: this obvi-
ously concerns provinces which have more than one delegate.
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3. THE PROVINCIAL SECRETARY
In the exercise of his ministry the Provincial avails himself of
the work of collaborators who support and help him: first the
Provincial Council which – as we have seen1 – assists him in
the service and animation and guidance and in discerning
what is necessary for the life and mission of the provincial
community; then of the collaborators taking part in the vari-
ous provincial teams (committees or commissions) which
make their contribution by study and action in the various
sectors of Salesian life and action: formation, youth ministry,
Salesian family, social communications, economy.
Among the collaborators of the Provincial, the Provincial
Secretary has a special role, which is particularly close to
the Provincial above all in those things which touch on the
organisational and juridical aspects of provincial life.
The present Manual, which treats in a special way of the ju-
ridical and administrative tasks relative to the government of
the Province, concerns the Provincial Secretary in a special
manner, as well as the Provincial himself.
3.1
36
The role of the Provincial Secretary
The role of the Provincial Secretary is described, in an essen-
tial and complete manner by article 159 of the General Reg-
ulations which states:
“The Provincial and his Council have at their service a secre-
tary who has the role of a notary.
“He is present at the meetings of the Council without the
right to vote, unless he is one of the councillors; he records
1 Cf. nn 12-20, pp. 25-31.
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the minutes. He is in charge of the provincial archives and
sees to the collecting and recording of statistics. He is ap-
pointed by the provincial after hearing the opinion of the
council and remains ad nutum.”
As can be seen the article of the Regulations unequivocally
takes us back to article 144 of the Constitutions which de-
scribes the role of the Secretary General. The tasks which our
rule assigns to the Secretary General for the whole Congrega-
tion are practically all transferred to the provincial level.
From the text of the General Regulations it can immediately
be seen that the Provincial Secretary is described as a close
collaborator of the Provincial and his Council; he is at their
service and, through them, at the service of the province.
On the one hand the secretary is presented as a trustworthy
man of the Provincial and his Council on whom they can re-
ly for the ordinary discharge of business regarding the confr-
eres and communities; on the other hand he fulfils an im-
portant community service for the orderly life of the Province
and its history.
3.2
Duties of the Provincial Secretary
The duties the Provincial Secretary is called upon to fulfil can
be better understood from a study of the four profiles which
follow.
3.2.1
Function as a notary
37
Something which stands out prominently in the General Reg-
ulations (Reg. 159) is the specification “with the role of a no-
tary”.
This means that the Provincial Secretary has the role of “no-
tary” or “chancellor” in the provincial community. In fact:
– he registers the acts of provincial government and sends
them, in the required manner, to Salesian headquarters;
– he acts as “actuary” in businesss of a juridical nature to
be sent to the Apostolic See.
– his signature, on acts that require it, provides public
proof of the regularity of procedures.
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One special task of the Provincial Secretary, which is includ-
ed in his function of “chancellor” is his participation in the
meetings of the Council (without the right to vote, unless he
is one of the councillors) and the writing up of the minutes of
these meetings. This in itself is a very sensitive and important
task since in the minutes of the meetings of the Council is
preserved a faithful record of what the Provincial and his
Council are doing in their search for the will of God and in
their guidance of the communities. The Secretary will there-
fore take particular care in compiling the minutes of the
meetings of the Provincial Council, recording the delibera-
tions and the essential lines of the process of discernment
used in the Council. The minutes, kept in the provincial
archives (in a reserved place) are a document of fundamental
importance.
38 3.2.2
In charge of the services of the secretariat
The provincial secretary is in charge of a number of services
which are part of the responsibility of the provincial centre.
Of particular note are the following:
– the “provincial correspondence register (protocol)” which
entails registering all the official correspondence of the
provincial offices;
– the careful compilation and preservation of documents
relating both to the confreres and to the houses and the
province; a section of the secretariat office is set aside for
personal details and records;
– the collection of statistical data, regarding the province
which is to be sent to the centre of the Congregation.
There are also numerous duties of a logistical nature which
can find in the secretary the person always available for the
good of the confreres and of the community.
39 3.2.3
42
Channel of information and communication
Because of his position – close to the provincial and his coun-
cil and his responsibility for various services at the provincial
centre – the provincial secretary is a person who is able to
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– both between the province and the centre of the Congre-
gation (by means of prompt dispatch of documents, data
and information);
– within the provincial community, collecting information
from communities and also communicating to the com-
munities all that the provincial charges him to do.
Even though the publication of the Province ”News Letter” is
often entrusted to a team in the Province, this team may find
in the provincial secretary an important point of reference
that is very useful for the information to be distributed.
It is also the task of the Provincial Secretary, in agreement
with the Provincial, to dispatch the Acts and official docu-
ments sent out by the Provincial with his Council.
3.2.4
In charge of the Provincial Archives
40
One of the most important tasks which the General Regula-
tions entrust to the Provincial Secretary ( and to the Secre-
tary General at world level) is responsibility for looking after
and preserving the archives of the Province.
This theme will be taken up again in the Chapter dedicated to
the Archives, but even now it is necessary to stress the im-
portance which the Archives have in the history of the
Province, for the preservation and handing down of the gen-
uine aspects of the family tradition.
3.3
Attributes of the Provincial Secretary
For the tasks which he is called upon to undertake in the 41
service of the Provincial and his Council it is important that
the secretary cultivate a number of attributes that ought to
distinguish him. Some of these are:
– for his function of “notary” it is indispensable that the
Secretary has a good knowledge of Canon Law and of the
law proper to our Society: he is in fact often called upon to
make people aware of what is required by the law for the
validity of the acts; for some juridical practices, in partic-
ular, the role of the “actuary” ordinarily lies within his
competence.
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3.4
42
44
– being the right-hand man of the Provincial and his Coun-
cil (he is “their hand and their memory” as has been said)
it is necessary that the Secretary be distinguished by his
faithful and loyal collaboration, humble dedication, pru-
dence and equilibrium. As the name itself shows (“a se-
cretis”) he must be a man of discretion, capable of keep-
ing secrets, and at the same time pleasant and able to
deal with people. It is important to emphasise that, since
he takes part in the meetings of the Council, he must be
very discreet regarding matters discussed in the Council
and discernment procedures carried out there.
– it is moreover important that the Secretary has a marked
Salesian sensitivity and a great love for the Congregation
and for the Province which he is called upon to serve; he
will thus know how to find in his work, which can appear
dry and sometimes keeps him shut up in his office, a mean-
ingful apostolate through the contribution which he brings
to the building up of the community and its mission;
– finally, it must be stated that it is necessary for the Secre-
tary to be aware that he must keep himself constantly up-
dated, also from the technical point of view, if he is to give
effective and valid service.
These are the qualities which the Secretary must seek to cul-
tivate, conscious of his own limitations but trusting in the
help which the Lord gives him.
Appointment and term of office of the Provincial Secretary
Our rule lays down that the appointment of the Provincial
Secretary is the prerogative of the Provincial who must hear
the opinion of the Provincial Council (Reg. 159). In view of
the functions which he must fulfil in his service of the
Province, our rule does not fix an expiry-date for the term of
office of the Secretary. He remains “ad nutum” (at the will
of) the Provincial. Taking stock of the qualities and the ex-
pertise which he must possess, the Provincial with his Coun-
cil will assess the appropriate time for the task entrusted to
the Secretary; in any case the service to the Province and to
the Congregation will demand that the change of the Secre-
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4. ENTRANCE INTO THE SOCIETY
PRENOVITIATE AND NOVITIATE
In this Chapter the rules and procedures regarding entry in-
to the Society of a new confrere will be examined.
In two successive sections the stages of the PRENOVITIATE
and NOVITIATE will be considered.1
I. NORMS REGARDING THE PRENOVITIATE
The Constitutions (cf. Con. 109) have stipulated that before
going to the novitiate the aspirant should have a period
of “special preparation”: it is a stage which immediately pre-
cedes the novitiate, and is also called “prenovitiate”.
4.1
Admission to the Prenovitiate
Nothing is prescribed by the Constitutions and by the Gener- 43
al Regulations regarding the procedure of admission to the
Prenovitiate. The “Ratio” however gives some criteria so that
admission to this stage meets the need of our vocation and
mission.2
Each individual Province is to state in its own Provincial Di-
rectory the most convenient methods for initiating candidates
into this time of special and intensive preparation for the
novitiate (Cf. Reg. 88).
1 The rules quoted here refer to the Ratio Institutionis et Studiorum (FSDB,
Rome 2000) and to Criteria and norms for Salesian vocational discernment
(Rome 2000) as well as to the Constitutions and General Regulations.
2 Cf. FSDB 351; Criteria and norms for Salesian vocational discernment,
112.
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4.2
44
The objectives
The objectives of this period which immediately precedes the
novitiate are indicated in article 109 of the Constitutions: it is
a special time which aims at the deepening, on the part of
the aspirant, of his vocational choice; his maturing as a man
and as a Christian and verifying his suitability for beginning
the novitiate.
This experience also allows the Congregation to judge the
maturity of the candidate to enter the novitiate.3
4.3
45
The formative environment
Our rule leaves it to the Provincial Directories to determine
the environment in which candidates to the Salesian life
must make their immediate preparation (cf. Reg. 88). How-
ever, some conditions which cannot be set aside have been
determined:
– the experience must be spent in a Salesian Community
which provides the opportunity for a knowledge of and a
real contact with Salesian community and apostolic life
(Con 109, Reg. 88).4
– there must be a guide who personally follows the pren-
ovices and helps them in maturing their own vocational
choice (Con 109).5
For the studies during this time see what FSDB 342 and 353
have to say.
4.4
46
Length of Prenovitiate
The length of the prenovitiate experience must be at least six
months (Reg. 88).6
When deciding on the beginning of the prenovitiate our
3 GC 21, 269; see also FSDB, 331.
4 Cf. FSDB, 344, 348.
5 Cf. FSDB 345
6 Cf. FSDB 349
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“Ratio” asks us to bear in mind Canon 643 §1.1 of the CIC
which sets the minimum age for admission to the Novitiate
at the completion of 17 years.7
II. NORMS REGARDING THE NOVITIATE
The Novitiate is a special time which marks the beginning of
the Salesian religious experience (Cf. Con 110; CIC, Canon
646). It is an experience of life which not only leads the
novice to an in-depth knowledge of the vocation to which he
is called and to mature in it but which is already uniting him
intimately to the Congregation and its mission (even if effec-
tive incorporation will take place in the act of profession).
For the importance of this time both the universal law and
our own particular law set down a number of rules to guar-
antee the validity and the effectiveness of the period of testing.
4.5
4.5.1
4.5.2
The novitiate house
“To be valid a novitiate must take place in a house which is du- 47
ly designated for this purpose” (CIC Can 647 §2; cf. Con 111).
It belongs to the Rector Major, with the consent of his Council,
to canonically erect or suppress the novitiate house, and also to
approve its transfer to another suitable community. In con-
formity with the canon these acts are to be carried out in the
form of a written decree (CIC Can 647 §1; Con 132 §1.3).8
For the canonical erection of the novitiate the Provincial, af-
ter having received the consent of his Provincial Council,
must send to the Rector Major the following documentation:
– a detailed application giving the reasons and the opinion
expressed by the Provincial Council and the choice of the
Patron (Title of Our Lord or of Our Lady or a Saint or a
Blessed) under whose protection the house is to be dedi-
cated.
7 Cf. FSDB 351.
8 CF FSDB, 373. Regarding the location of the house of the novitiate see also
Reg. 89 and FSDB 374.
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– the written consent of the Ordinary of the place (Cf. CIC
can 609 §1) (this is necessary when it is a matter of
canonical erection of a new house and not when it is on-
ly concerned with the transfer of the novitiate to a house
which has already been canonically erected).
48 4.5.3
In particular cases, and by way of exception, the Rector Ma-
jor, with the consent of his Council, can grant permission
for a candidate to the Salesian life to make his novitiate in
another canonically erected house of the Society under the
direction of a member who takes the place of the Director of
Novices (Cf. CIC Canon 647 §2).
In this case a detailed request must be sent to the Rector Ma-
jor by the Provincial who will give the exceptional9 reasons
for asking for the Indult. The Provincial will also give the
name of the person who is to be the spiritual guide of the
candidate in the role of the Director of Novices.
49 4.5.4
The Code of Canon Law gives authority to the Provincial
to allow a group of novices to reside, for a certain period
of time, in another house of the Society specified by him (Cf.
CIC Can 647 §3.)
Our own particular law 10 states that:
– the Provincial empowered to give this permission is the
one under whose authority the house of novitiate is
placed. To reside in another house which is not in the
same Province, agreement with the Provincial concerned
is required;
– the designation of the house is to be made by a written
decree;
– the novices must be accompanied by the formation
guides and by the Director;
– the period of time is to be clearly stated in the decree;
– the religious house must be exclusively Salesian and
canonically erected.
9 Cf. FSDB , 376.
10 Cf. FSDB, 375.
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4.6
The Director of Novices
The Director of Novices is the spiritual guide who coordi-
nates and animates all the work of formation of the novitiate
(Con 112). He is solely responsible for the direction of each
novice (CIC can 650 §2) and works together with the person
who guides the formation community in the overall forma-
tion programme.11
The Constitutions indicate the principal qualities of the per-
son who is called to undertake such a task and at the same
time they define what is laid down for his designation as re-
quested by Canon Law (Cf. can 651 §1).
Regarding the qualities the Constitutions state: “He must be
a man of prudence with spiritual and Salesian experience
and an up-to-date knowledge of practical psychology and
youth problems. He should be able to relate easily to other
people, to engage in dialogue, and to inspire confidence in
the novices by his kindness” (Con 112). He must be “perpet-
ually professed” (Con 112).
4.6.1
Appointment of Director of Novices
50
The Director of Novices is appointed by the Provincial with
the consent of his Council (Con 112). To be valid the ap-
pointment must be approved by the Rector Major.
For this the Provincial will send to the Rector Major the
“Proposal for the appointment of the Director” (on the ap-
propriate form APPROVAL OF THE APPOINTMENT OF THE DIRECTOR
OF NOVICES) with the opinion and the voting given by the
Provincial Council.
4.6.2
Duration of office of the Director
51
The Director of Novices remains in office for three years. At
the end of the triennium he may be reappointed, also for fur-
11 Whilst here the importance of the role of the Director is referred to it must
not be forgotten that a team of formation guides is necessary to support the
Director. Regarding this the Ratio says: “The formation team should be of
the right size and calibre The should be a variety of people and roles; in par-
ticular, every effort should be made to see that among the confreres respon-
sible for formation there are also Salesian brothers. (FSDB, 378).
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ther periods of three years, by the Provincial with the consent
of the Provincial Council (Con 112).
It should be noted, however, that the approval of the Rector
Major is always necessary for the reappointment of the Di-
rector, with the formalities indicated above. In fact, our rule
does not permit the reappointment of the Director without
the approval of the Superior General (contrary to what hap-
pens for the Rector of a house: cf. Reg. 170).
4.7
Admission to the Novitiate
52 4.7.1
Requirements for admission to the Novitiate
Article 90 of the General Regulations says: “When the candi-
date considers himself ready and sufficiently prepared he
makes his application to begin the novitiate.” The free re-
quest of the aspirant is therefore the first condition for entry
into the trial of the novitiate.
Our own particular law points out a number of criteria or
positive elements confirming the attitude of the prenovice to
the Salesian life: see Regulation 90 and FSDB 335 where
these criteria are listed.12
For the validity of admission to the novitiate the Regulations
prescribe that none of the impediments foreseen by canons
643-644 of the Code of Canon Law are present. The impedi-
ments against valid admission are the following:
– one who has not yet completed the seventeenth year of
age;
– a spouse, while the marriage lasts;
– one who is currently bound by a sacred bond to some in-
stitute of consecrated life, or is incorporated in some so-
ciety of apostolic life, without prejudice to can. 684;
– one who enters the institute through force, fear or deceit,
or whom the Superior accepts under the same influences.
The code also recommends: “Superiors are not to admit sec-
ular clerics to the novitiate without consulting their proper
12 See also Criteria and norms for Salesian Vocational Discernment, Rome
2000, nn. 113-116.
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Ordinary; nor those who have debts which they are unable to
meet.”
See also in this matter the observations made in “Criteria and
norms of vocational discernment” numbers 114-116.
4.7.2
Necessary Documentation
53
Before admission to the Novitiate the Provincial Secretary
should take care to see that the following documents are pre-
sented. They are needed to ensure some of the conditions for
admission:
– the application of the candidate addressed to the Rector of
the Prenovitiate House in which he freely declares his in-
tention of making the trial of the Novitiate with a view to
undertaking the Salesian life and mission;
– proof of baptism and confirmation;
– proof of free status;
– for one who had been admitted to a Religious Institute
or to a Society of Apostolic Life the testimony of the ma-
jor Superior of the Institute or Society (can 645 §2);
– for those who come from a Diocese, testimony of the last
ministry or order (diaconate or priesthood) and testimonial
letters of the Ordinary of the place or of the Rector of the
Seminary (if it is just a matter of seminarians) (can 645 §2)13
Finally, the following are to be requested:
– birth certificate;
– family status (composition of the family of origin);
– health certificate (medical reports on physical and psy-
chological health).14
In those countries where it is possible to do so, it is necessary
to ask the competent authority in good time for exemption
from or postponement of military service. Documentation of
this is to be added to the candidate’s file.
All the documents are to be placed in the appropriate PER-
SONAL FILE which is to be kept in the Provincial Secretari-
13 Cf. Criteria and norms for Salesian Vocational Discernment, Rome 2000,
no. 116).
14 Cf. also FSDB 352 where it speaks of a medical check-up and a psycho-
logical examination before and during the prenovitiate.
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at. The main particulars are to be sent in due course to the
Director of Novices.
54 4.7.3
Procedures for admission to the Novitiate
The procedures for the admission of a prenovice to the novi-
tiate are the following:
1. At local level (the house where the prenovice has made his
prenovitiate): the application of the prenovice is exam-
ined by the Rector with his Council who will give their
opinion of it and vote on it (it should be noted that, in
this case, the Rector can vote with the Councillors);
2. At provincial level the application of the candidate is ex-
amined, bearing in mind the opinion of the Rector and
local Council. The Provincial Council gives its own opin-
ion and votes on the application (it should be noted that
the Provincial does not vote);
3. After receiving the consent of his Council admission to
the novitiate lies within the jurisdiction of the Provincial.
Admission to the Novitiate is to be registered on the appropri-
ate form (cf. FORM AN’4 in the Appendix A-2). Three copies
are to be made, one copy to be kept in the Provincial
Archives, one to be sent to the Director of Novices and the
third to be sent to the General Secretariat. The main person-
al data of the candidate, useful for Salesian documentation,
are to be written on this form.
With regard to the specific vocational choice (brother or
priest) the Ratio says: “One’s specific option as brother or fu-
ture priest should be clarified during the novitiate before
making the profession, so as to tailor the formation accord-
ingly during the period of temporary vows, and draw up a
programme of the corresponding studies and activities (cf.
SGC 660, GC21, 299). The option will have to become defin-
itive for everyone before the specific formation which follows
practical training.” 15 In the case of a novice who is already
ordained (deacon or priest) the vocational choice will be
made at the end of the novitiate at the time of application for
first profession.
15 Cf. FSDB 323.
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4.8
Duration of the Novitiate and interruption to it16
4.8.1
4.8.2
4.8.3
Duration of the Novitiate
55
The novitiate lasts for 12 months. This norm of the universal
law (cf. can 648) is mentioned by our own particular law (cf.
Con 111). The Novitiate begins when the candidate, after be-
ing admitted by the Provincial, enters the Novitiate House
and places himself under the guidance of the Director of
Novices (cf. Con 111).
In computing the time it is necessary to bear in mind what
Canon Law decrees; concerning this see Canons 201, 202, 203.
Interruptions during the Novitiate
56
There can be interruptions during the Novitiate. Canon Law
(cf. can. 649 §1) and our own rule (Con. 111) state:
a. absences up to 15 days are admissible for right reasons; if
the days of absence exceed 15 days, they must be made up;
b. an absence from the Novitiate exceeding three months
renders the Novitiate invalid and it must therefore be be-
gun again;
c. according to Canon 647 §3 periods of time residing in an-
other Salesian house, legitimately sanctioned by the
Provincial, are not reckoned as days of absence.17 Our
Constitutions on the other hand do not make provision
for periods of apostolic activity mentioned in canon 648
§2 spent outside the house of Novitiate; they must there-
fore be considered as absences.
As well as permitted absences, it is necessary to bear in mind
that the first profession can be anticipated, with the permis-
sion of the competent Provincial but not by more than 15 days
(cf. Can. 649 §2).
Conclusion of the Novitiate
57
a. The Novitiate concludes with the religious profession,
after the novice has applied for profession and has been
admitted legitimately.
16 Cf. FSDB 379
17 Cf. FSDB, 375; see also Number 49 of this Manual.
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b. During the Novitiate a novice who thinks that he is not
suitable for the Salesian vocation can freely leave the So-
ciety at any time.
c. If the Director of Novices and the Formation guides de-
cide that the novice is not suitable for the Salesian life
(either during the year of Novitiate or at the end of it,
when he is not admitted to profession) the novice will be
dismissed.
The dismissal itself belongs to the Provincial of the
Province where the House of Novitiate is situated (cf.
Reg. 90).18
The General Secretariat is to be informed promptly of the
departure of a novice.
d. Finally, it should be borne in mind that in special cases
the Provincial may prolong the Novitiate for a period not
exceeding six months, in accordance with canon 653.19
18 Cf. FSDB, 385
19 Cf. Reg. 93; FSDB 380.
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5. SALESIAN RELIGIOUS PROFESSION
The religious profession is the point of arrival on the journey 58
of faith of the young man who has been called and who has
had a living experience of the values of the Salesian vocation
in the prenovitiate and the novitiate. The Constitutions stress
the importance of this fundamental act in the life of the Sale-
sian and cite in evidence some significant points:
– the act of profession is the response of the Salesian who
offers himself to God with fully liberty for the service of
the young: “it is one of the most lofty choices a believer
can consciously make” (Con 23);
– the profession also entails a commitment of the Society
towards the professed; the Superior of the Society (the
Rector Major or his Delegate) publicly receives the pro-
fession and joyfully welcomes the new confrere among
the members of the community (cf. Con 23-24);
– the profession is also a public act in the eyes of the
Church: through the Superior, in fact, it is the Church it-
self which receives the profession, recognises publicly the
obligation assumed by the professed person and admits
the religious to the ecclesial mission confided to the Sale-
sian Society.
On account of the value of the act of profession, the law
places several conditions to safeguard both its validity and
its meaning.
5.1
Temporary profession and perpetual profession
Perpetual profession is, by its very nature, the central and de- 59
finitive act of incorporation into the society; the whole time
of the preparation and the maturation of the young man is
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geared to this act. At the end of the Novitiate the novice has
personally decided to give himself completely to God and to
involve his whole life in the Salesian mission.
The discipline of the Church, however, aware of human
frailty and the need for sufficient time for maturation of the
religious personality, has decided that at the end of the Novi-
tiate there will be a further period of trial and experience of
religious life. This is the period of temporary profession.
This period of temporary profession is a real time of conse-
crated life (see Con. 113); it is not merely a transitional peri-
od, but it has its own meaning and value; the professed per-
son is a real member of the Society dedicated to God and to
young people (cf. Con 105); however, it is to be stressed that
it aims to come to maturity in the perpetual profession which
will definitively ratify the consecration of the Salesian.
In accordance with the Code of Canon Law (cf. can 655) our
particular law states that the period of temporary profession
will ordinarily last for six years. Article 113 of the Constitu-
tions states that:
a. in the first triennium the profession will ordinarily be ei-
ther for three years or for one year. This will depend on: •
the free application of the candidate;
• the admission made by the Provincial on the basis of
the opinion of the formation guides.
The Ratio adds that in certain cases, especially in view of
perpetual profession, there is nothing to prevent the pro-
fession being for two years (respecting always what
Canon 658 §2 states).1
b. in the second triennium the profession will ordinarily be
for three years: this means that generally the professed are
to be advised to make the profession for three years, their
own full freedom being always respected.
For special reasons, judged as such by the Provincial, the pe-
riod of temporary profession may be prolonged, but not be-
yond nine years (cf. Con 11; Can 657 §2).
1 Cf. FSDB, 390.
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5.2
Admission to first profession
5.2.1
First profession concludes the period of the maturing 60
process of the Novitiate. It is made at the end of the Novi-
tiate after the novice has made his application and has been
legitimately admitted. As has already been indicated above
when treating of the Novitiate, the Provincial can – for
valid reasons – give permission to anticipate the first profes-
sion, though not by more than fifteen days (Can
649 §2).
5.2.2
The conditions for the validity of the first profession are to be 61
found in Canon 656 of the Code of Canon Law:
– the candidate is to be at least eighteen years of age;
– the novitiate has been made validly;
– admission has been granted freely by the competent su-
perior, with the vote of his Council;
– the profession is to be explicit and made without force,
fear or deceit; the presence of witnesses to the profession
is required to guarantee such liberty;
– the profession is to be received by the lawful superior or
through his delegate.
5.2.3
The procedure to be followed for admission to profession is as 62
follows:
1) Application of the candidate: this is the first and basic ele-
ment, expressed in full liberty by the person who intends
to make his profession. Our Ratio emphasizes that, with-
out prejuduce to the personal style proper to each one, it
is advisable that the application contains the following
common elements:
• awareness of the public act one intends to perform;
• freedom to perform the act;
• the intention of committing oneself for the whole of
one’s life (even when making an application for tempo-
rary profession);
• reference to having carried out one’s own discernment
and of having requested the opinion of the spiritual di-
rector and the confessor;
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• an indication of one’s orientation towards the specific
vocation of the Salesian priest or Salesian brother.2
2) Opinion and vote of the Local Council: the Rector and the
Local Council are called together to give their opinion on
and to vote on the application for admission (it should be
noted that in this case the Rector can vote with the Coun-
cil). The minutes of the admission, signed by the Rector
and by each of the Councillors are to be sent to the
Provincial.
The Director of Novices who has had a special role in ac-
companying the novice on his vocational journey is pres-
ent at the meeting for admission to profession in the
Novitiate House.
3) Opinion and vote of the Provincial Council: after receiving
the opinion of the Local Council, the Provincial Council
is called upon to examine the application of the candi-
date, to give its own opinion and to vote for admission to
the profession (in this case the Provincial does not vote).
The Minutes of the Provincial Council are to be signed by
all the Councillors. For a carefully considered assess-
ment, especially in doubtful cases, the opinion of the
Provincial of the Province to which the candidate belongs
can be requested (in the case in which the candidate is
admitted to profession outside his own Province).
4) After receiving the consent of the Provincial Council, ad-
mission to profession lies within the jurisdiction of the
Provincial. It should be noted that this is the Provincial of
the Province where the Novitiate House is situated, even
though the candidate may belong to another Province.
5.2.4
63
Documentation for first profession
The following is the documentation for first profession to be
kept in the Provincial Archives (in the personal file of the
member);
– Application of the candidate;
– Minutes of the Local Council and Minutes of the Provin-
2 Cf. FSDB, 386.
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cial Council, with the opinions given and signed by the
respective Councillors. These Minutes are to be written
on the Form “PROPOSAL FOR ADMISSION TO FIRST PROFES-
SION” (F3 – pp’8.
– Report form certifying that the profession has taken
place, duly signed by the professed confrere, by the Su-
perior who received the Profession, by two witnesses and
by the Provincial Secretary.
The importance of the opinions expressed by the respective
Councils, Local and Provincial, for admission to profession
should be noted. Special care must be given to them.
The following documents are to be sent to the General Secre-
tariat as soon as possible:
– The Minutes of Admission of the Local and Provincial
Councils (PROPOSAL FOR ADMISSION TO FIRST PROFESSION” –
F3 pp’85).
– Report Form certifying that the profession has taken
place, duly filled in and signed.
5.3
Renewal of temporary profession
5.3.1
When the time of the temporary profession has expired (an-
nual, or triennial, or in special cases biennial) it is necessary 64
to proceed to its renewal (Cf Canon 657 §1).
It should be noted that there must not be any interval of time
between the expiry of the temporary profession and its re-
newal.3
In the case that, for serious reasons, the renewal of the pro-
fession has to be postponed for some time (unless it is a mat-
ter of so few days that it is possible to speak of substantial
continuity) a renewal “ad tempus” which joins the present
profession to the following one must be made into the hands
of the Superior.
3 See FSDB and Criteria and Norms for Salesian Vocation Discernment, no
126. Our texts insist that the renewal of profession must be made without
delay.
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The Provincial can permit the anticipation of the renewal of
temporary profession for several reasons, but within a limit-
ed span if time (at most a month).
5.3.2
The procedure for the renewal of the profession is identical to
that followed in the first profession (Cf. no. 60), namely:
1) the free application of the professed confrere;
2) the opinion and vote of the Rector and the Local Council;
3) the opinion and vote of the Provincial Council;
4) admission made by the Provincial, after receiving the
consent of his Council.
5.3.3
The following documentation is required for temporary pro-
fession after the first one:
– The following documents are to be kept in the Provincial
Archives: the application of the professed Salesian, the
Minutes of admission of the Local Council and of the
Provincial Council, the Report Form duly filled in and
signed certifying that the Profession has taken place;
– The Report Form, duly filled in and signed, certifying
that the Profession has taken place is the only document
to be sent to the General Secretariat.
5.3.4
During the period of temporary profession (postnovitiate,
practical training) periodic scrutinies (or assessments)4 are to
be made. By means of these the formation community voic-
es its opinion on the progress of the young confrere in his vo-
cational journey and in his formation. The opinions ex-
pressed in these scrutinies are to be forwarded to the Provin-
cial. They become part of the documentation witnessing the
Salesian journey of the individual, and they are to be kept in
his personal file in the Provincial Archives.
5.4
Perpetual Profession
As has already been stated, perpetual profession is the point of
arrival along the journey of vocational growth of the professed
4 Cf. FSDB, 296, 444
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Salesian; it is the complete donation to God and to young
people for his whole life. This was already his intention at
the time of his first profession and he makes it explicit at the
solemn moment in which he expresses his definitive com-
mitment.
Both the universal law and the particular law of the Society
give some special requirements for the important step of per-
petual profession in the life of the professed Salesian and in
the community itself.
5.4.1
Immediate Preparation for Perpetual Profession
65
The whole period of formation is preparation for perpetual
profession.5 But because of the importance of the act of per-
petual profession our particular law establishes that there be
an appropriate period of immediate preparation (Con 117) and
it wants the whole provincial community to be involved and
to accompany the person who proposes to make his perpetu-
al profession (Con 117).
The Salesian “Ratio” explains the meaning, the conditions
and the time of preparation for perpetual profession.6 In par-
ticular FSDB 513 states clearly: “Let the Province establish a
programme of preparation for perpetual profession in
which it spells out the manner, the contents, the duration and
the persons responsible, and includes also the spiritual re-
treat preceding the profession”.
5.4.2
The procedure for admission to perpetual profession follows 66
substantially the same lines as for admission to first profes-
sion (cf. no. 60), namely:
1) The application of the candidate in which in a special
manner – as well as to his personal freedom – he must
express his full knowledge of the definitive act he is un-
dertaking and make known those elements which con-
5 Cf. CG21, 290.
6 Cf. FSDB Chapter XI, preparation for perpetual profession, no. 501 and
following.
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firm the Salesian maturity reached in the period of tem-
porary vows;7
2) The opinion and the voting of the Rector and of the Local
Council;
3) The opinion and the voting of the Provincial Council.
As can be seen the legal pathway to be followed is similar to
that of the preceding professions; but for this decisive step it is neces-
sary to emphasise two details:
a. the whole community, because of the co-responsibility it
has in the development of every confrere is invited to ex-
press – in a form which it finds opportune and in keeping
with charity – its own opinion on the brother who is seek-
ing profession.8
b. given the importance of the act, for a sufficient and sure
discernment, the Provincial Council will have before it
(along with the opinions of the community and of the Lo-
cal Council) the detailed curriculum of the candidate, with
all the observations that were expressed during the time
of his formation.
After he has received the consent of his Council, admission is
the prerogative of the Provincial.
67 5.4.3
Time of perpetual profession
The Salesian Constitutions lay down that perpetual profes-
sion takes place ordinarily six years after the first profession
(Con. 117).
Normally therefore perpetual profession will be made at the
expiry of the six years of temporary profession.
7 Cf. FSDB, 517. Here the FSDB gives a reminder that the application must
also indicate an express will to continue in the Salesian life already under-
taken; reference to dialogue with the Rector and his agreement for the
application, mention of the discernment made and of the request for an
opinion from the spiritual director and from the confessor.
8 Cf. Reg 81. Note that the article of the Regulations refers to all admissions;
there is the wish, however, to emphasise in a special way admission to per-
petual profession (as also admission to ordination to the diaconate and to
the priesthood). Cf. also FSDB 302.
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In special cases perpetual profession can be anticipated, al-
ways abiding by canon 658 of the Code of Canon Law.9 Our
“Ratio” explains that this exceptional situation (something
quite out of the ordinary) requires a just cause recognized as
such by the Provincial and his Council.10
For appropriate reasons our particular law allows the Provin-
cial to prolong the time of temporary profession, but not be-
yond nine years (Con 117). But this decision must also be a
result of prudent judgment, based on sufficient and reason-
able grounds, so that this prolongation does not become an
ordinary practice.11
It is to be borne in mind that before perpetual profession the
member must draw up his will in conformity with the norms
of civil law (cf. CIC, can. 668 §1; Con. 74). There are to be two
copies of such a will, one of which will be kept in the Provin-
cial Archives (cf. Reg. 52).
5.4.4
Documentation to be kept in the Provincial Archives is as fol- 68
lows:
1) The application of the professed member;
2) The Minutes of admission of the Local Council and of the
Provincial Council (written on the form “PROPOSAL FOR AD-
MISSION TO PROFESSION: F4 PR’85) signed by members of
the respective Councils;
3) The certificate confirming that the profession has taken
place, signed by the professed member, by the Superior
receiving the Profession, by two witnesses and by the
Provincial Secretary.
9 With reference to the anticipation of perpetual profession the Code of
Canon Law has two instructions which must be kept in mind: Canon 658
lays down among the conditions for the validity of perpetual profession
“previous temporary profession of at least three years”; while Canon 657
§3 permits anticipation of perpetual profession for a just reason, but not
by more than three months with respect to Canon 658. For us Salesians
our particular law states instead that ordinarily the minimum length of
temporary profession is six years. Only for grave reasons (for exceptional
cases) can there be exceptions to the ordinary rule, but respecting in every
case the prescriptions of the universal law.
10 Cf. FSDB, 511.
11 Cf. FSDB, 510.
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The following are to be sent to the General Secretariat:
1) The Minutes of Admission of the Local Council and of the
Provincial Council (“PROPOSAL FOR ADMISSION TO PROFES-
SION” – F4 PR’85);
2) The certificate confirming that the profession has taken
place, duly filled in and signed.
The Provincial Secretary will advise the parish where the pro-
fessed member was baptised so that the profession can be en-
tered in the Baptismal Register.
5.5
69
Celebration of the Profession
The celebration of the profession is carried out according to
the “Rite of Religious Profession”. Special solemnity should be
given to the celebration of perpetual profession. In the cele-
bration the Provincial or the Vice-Provincial receives the pro-
fession in the name of the Rector Major and welcomes the
professed member into the Society. Where necessary, the
Provincial can delegate another Salesian to receive the pro-
fession. Such delegation should be duly recorded (indicated,
for example, on the certificate recording the profession).
During the celebration, as has already been pointed out, a
certificate is filled in, confirming that the profession has tak-
en place. This is to be signed by the professed confrere, by
the Superior receiving the profession, by two witnesses and
by the Provincial Secretary.
5.6
70
64
Re-admission into the Congregation
Re-admission into the Congregation, without the obligation
of repeating the novitiate, falls within the exclusive jurisdic-
tion of the Rector Major with the consent of his Council (cf.
CIC, con 690).
Two possibilities are given:
1) The case of a novice who has completely finished the
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the end of the novitiate without making his profession.
Should he desire to be admitted into the Congregation,
without repeating the novitiate, he is to make his request
to the Provincial, giving his reasons for such a request.
The Provincial, having examined the reasons with his
Council, will present the request to the Rector Major with
a detailed report on the case. (The report clearly high-
lights the reasons for which the applicant did not make
his profession at the time and the reasons why he now
asks to be accepted into the Congregation.)
2) The case of a professed confrere who legitmately left the 71
society after his profession (at the expiry of his vows, by
dispensation or by secularization). If the above-men-
tioned confrere wishes to be re-admitted into the Congre-
gation he will present his request addressed to the Rector
Major, giving the reasons for such a request.
In this case also, the Provincial, having examined the rea-
sons with his Council, will send the request to the Rector
Major, along with:
– a detailed curriculum vitae of the applicant;
– a full report giving the reasons why the confrere left and
those which are now leading him to re-apply. It is very
important that (from the report of the Provincial and
from the examination made by the Provincial Council)
the reasons why the ex-professed member abandoned
the Congregation are clearly expressed, as well as those
for which he now finds his re-admission opportune.
In both cases it is for the Rector Major to decide on a
suitable period of trial before the temporary profession as
well as the length of the temporary vows before perpetu-
al profession. It should be noted that the Code of Canon
Law always expects a period of temporary vows before
the renewal of perpetual profession (Cf. can. 690 §1).
The indult for re-admission must be mentioned on the certifi-
cate witnessing the profession.
Please remember also to send a copy of this certificate to the
General Secretariat after the profession has taken place (tem-
porary profession first, then perpetual profession).
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72
In the special case in which an application is made for re-ad-
mission to the Society by an ex-member, who was dismissed
from the Society or who was dispensed from the diaconate or
from priestly celibacy, recourse must be had to the Apostolic
See which is the only authority competent to grant re-ad-
mission in such circumstances. The person concerned will
therefore address his application to the Holy Father. The
Provincial with his Council will examine the application and
express an opinion on it. The Provincial will then send it to
the Rector Major who, after having sought the consent of his
Council, will forward the file to the competent Congregation
of the Apostolic See (Congregation for the Institutes of Con-
secrated Life or Congregation for the Doctrine of the Faith).
5.7
Religious on military service
73
It is necessary above all to bear in mind that, since military
service is not compatible with religious life,12 wherever it is
possible, candidates for the religious life should apply in time
for exemption from ordinary military service. Those coun-
tries where religious do not enjoy exemption from ordinary
military service are referred to the essential directions of the
Decree “Militare servitium” (military service) promulgated by
CRIS on 30 July 195713 and still in force.
5.7.1
No one can be validly admitted to perpetual profession if he
has not first been freed from the obligation of ordinary mili-
tary service.
5.7.2
During military service temporary profession is suspended.
However, the member can apply and the Provincial - having
heard the opinion of his Council – can give permission for the
12 We can apply, by analogy, to the religious life what canon 289 says of the
clerical state: “As military service ill befits the clerical state, clerics and
candidates for sacred orders are not to volunteer for the armed services”
(without the permission of their Ordinary).
Wherever it is possible, remember to request in time – before the novitiate
– exemption from or postponement of ordinary military service.
13 Militare servitium, AAS XLIX 1957, nn. 13-14, pp. 871-872.
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profession to remain in force even during military service. In
this case, for a sound and serious reason, the Provincial can
later also suspend the profession.
5.7.3
For the religious whose profession remains in force during mil-
itary service:
– he is considered as one who is legally absent from the Re-
ligious House and is bound only to observe those articles
of the Constitutions which, in the opinion of the Provin-
cial, are compatible with military service;
– the time spent in military service is calculated as time of
temporary profession which is necessary before perpetu-
al profession.
5.7.4
The member whose vows are suspended during military service
– he still remains a member of the Society;
– however, he can freely leave the Society, simply by mak-
ing a declaration in writing that he wants to do so to the
Provincial or verbally before witnesses;
– he can be dismissed by the Provincial for a just cause.
5.7.5
At the end of military service, the member must spend at
least three months in the community with temporary vows.
The Provincial – with the advice of his Council – can, howev-
er, shorten this time, or even prolong it for a year, before ad-
mitting him to perpetual profession.
5.7.6
Novices, during military service, continue to be numbered
among those of the Society, if they themselves do not leave or
are not dismissed.
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6. MINISTRIES AND SACRED ORDERS
For Salesians destined for the Priesthood and Diaconate the
instituted Ministries (Reader and Acolyte) and the Sacred Or-
ders (Diaconate and Priesthood) are steps of significance and
importance for the vocation and mission which the Lord
gives them. Both the universal law and our own particular
law give detailed norms so that these stages can be reached
in line with their authentic ecclesial and Salesian signifi-
cance.
The indications of a formative character which are at the ba-
sis of a conscious and efficacious reception of Ministries and
Sacred Orders are not directly considered in this Manual;
these will be found in the Salesian Ratio Institutionis et Stu-
diorum (FSDB). Instead the principal juridical conditions
relative to the admission to and the conferring of the Min-
istries and Sacred Orders1 are listed.
6.1
The Ministries of Reader and Acolyte
74 6.1.1
The conferring of the Ministries of Reader and Acolyte for
candidates to the Diaconate (permanent deacons also) and
the priesthood is an obligation ratified by Canon Law (cf.
canon 1035; ASC 293, 26). Only the Apostolic See, for special
reasons, can dispense from this obligation.
6.1.2
To be admitted to the Ministry of Reader or of Acolyte the
candidates, who do not necessarily have to be perpetually
professed, present their application with full freedom to the
Rector of the formation community where they are undergo-
ing their formation. In their application they will point out
1 Cf. ASC no. 293, 1979, p.27.
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the reasons for which they are asking to be admitted to the
Ministries of the Church according to the spirit of Don
Bosco.2
6.1.3
The procedure for admission is as follows:
1) Examination of the application of the candidate in the
Local Council, which gives its own opinion and votes (the
Rector can vote together with the Council);
2) Examination of the same application in the Provincial
Council, which gives its own opinion and votes, in the
light of the opinion of the Local Council;
3) Having received the consent of his Council, admission is
made by the Provincial.
6.1.4
Conferring of the Ministries, other than by a Bishop, can be 75
done by the Rector Major or his Vicar, and by the Provincial
or his Vicar or by another priest delegated by the Provincial.
After the conferring, the certificate confirming that the Min-
istry has been received is to be filled in (on the appropriate
Form).
6.1.5
The common law (cf. can 1035) and our own particular law3 76
require that the Ministries be exercised for a suitable length of
time in view of an adequate and specific preparation for the
service of the Word and of the Altar.
In particular an interval of at least six months is prescribed be-
tween the Ministry of Acolyte and Diaconate (Can 1035 §2; FS-
DB 492). Also an interval of at least some months is required
to elapse between the ministries.4
6.1.6
The following documentation is to be kept in the Provincial 77
Archives:
1) The personal application of the candidate;
2) The Minutes of Admission of both the Local and Provin-
cial Councils (Form: PROPOSAL FOR A MINISTRY...);
2 See in Criteria and Norms of Salesian Vocational Discernment, Rome
2000, no.132 some general criteria for admission to Ministries.
3 Cf. FSDB, 492.
4 Cf FSDB, 492.
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3) The certificate confirming the conferring of the Ministry,
filled in by the Provincial Secretary (cf. Form: CONFIRMA-
TION OF THE CONFERRAL OF THE MINISTRY OF READER OR OF
ACOLYTE).
The certificate confirming that each ministry has been re-
ceived is the only document to be sent to the General Secre-
tariat (Form: CONFIRMATION OF THE CONFERRAL OF THE MINISTRY
OF READER OR OF ACOLYTE).
6.2
Order of the Diaconate
The Order of the Diaconate, by which the ordained person
enters to become part of the sacred hierarchy, is protected by
special canonical rules intended to establish the require-
ments for the admission and the valid exercise of the Order.
The norms of our particular law supplement the canonical
norms. They safeguard the Salesian style in which the Dia-
conate is received and exercised in the community.
78 6.2.1 Prerequisites for admission to the Diaconate.
In accordance with canon law and our own particular law
the prior requisites for admission to the Diaconate (in view of
both the Priesthood and the Permanent Diaconate) are:
1) To have received the Ministries of Reader and Acolyte,
bearing in mind the periods of time prescribed between
one Ministry and the next, and between the Ministry of
Acolyte and the Order of the Diaconate (Cf. can. 1035;
FSDB, 492);
2) To be perpetually professed (can. 1037);
3) To be free of irregularities and impediments listed in
canons 1042-1043;5
5 Canon 1047 §4 allows the Ordinary (Provincial) to dispense from irregu-
larities and impediments, unless they are reserved to the Holy See as indi-
cated in the same canon 1047 §1,2,3. However, when dealing with a can-
didate who has some irregularity or impediment, the Provincial must con-
sider well how to give a solution which is legal and appropriate.
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4) Application freely written in his own hand and signed
(Canon 1036) with the documents required by the Code
of Canon Law (certificates of baptism and confirmation,
certificates of Ministries received, certificate of studies
duly completed) (cf. can. 1050);
5) For studies: our particular law states that ordination to
the Diaconate can take place only after the third year of
theological studies, for deacons going on to he priest-
hood.6
The aptitudes required for the exercise of the Sacred Order
can be seen in “Criteria and norms for vocational discern-
ment”.7
6.2.2
Admission to the Diaconate
79
Admission to the Diaconate should be made with particular
diligence and seriousness.8 The steps for admission are those
which have already been noted:
1) Detailed application by the candidate: canon 1036 says
explicitly that the candidate “attests that he will sponta-
neously and freely receive the Sacred Order and will de-
vote himself permanently to the ecclesiastical ministry”
as a Salesian.
2) Opinion of the formation community; according to arti-
cle 81 of the General Regulations the local community is
invited to express its opinion in the form most in keeping
with charity;9
3) Opinion and voting of the Local Council (the Rector can
vote with the Council);
4) Opinion and voting of Provincial Council, which will bear
in mind all the opinions received. It is appropriate for the
Provincial Council to have before it the full formative cur-
riculum of the ordinand (See also canon 1051 §2).
5) Admission depends on the Provincial after he has received
the consent of his Council.
6 Cf. FSDB, 494; AGC no. 312,1985, p.56.
7 Cf. Criteria and Norms for Vocational Discernment, Rome 2000, no. 134
and following.
8 FSDB, 493.
9 See also FSDB 301-302.
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80 6.2.3
Dimissorial Letters
After admission has taken place, in order to proceed to the
ordination, the Provincial will send to the ordaining Bishop
the dimissorial letters, prescribed by the universal law (canon
1021). In these it must be explicitly indicated that the ordi-
nand has been definitively enrolled in the Religious Institute,
that he is subject to the Superior who is presenting the let-
ters, that the scrutinies have taken place in accordance with
the universal law and that the Superior considers the candi-
date suitable.
If the ordaining bishop is not the diocesan Bishop, the latter
should be informed (in accordance with any local customs).
81 6.2.4
Documentation
After the ordination has taken place the following documen-
tation is to be kept in the Provincial Archives:
1) The application of the professed member;
2) The Minutes of the Local Council, signed by the Rector
and the Councillors;
3) The Minutes of the Provincial Council, signed by the
Provincial and the Councillors;
4) The certificate confirming that the ordination has taken
place, issued by the Bishop.
The following documents are to be sent to the General Secre-
tariat:
1) The Minutes of the Local Council and of the Provincial
Council with their respective opinions (Form: PROPOSAL
FOR ORDINATION TO THE DIACONATE);
2) The certificate confirming that the ordination has taken
place signed by the Provincial.10
Information that the ordination to the Diaconate has taken
place is to be send to the parish of baptism so that it can be
entered into the Baptismal Register.
10 For practicality’s sake the General Secretariat has had a form printed for
this confirmation of ordination to the diaconate, so as to avoid sending to
the Central Archives the confirmation certificate given by the Bishop.
This is to be kept in the Province.
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6.2.5
Exercise of the Diaconate
82
The Code of Canon Law prescribes that, after ordination to
the Diaconate, deacons are to spend “an appropriate time ex-
ercising the diaconal Order” before being promoted to the
priesthood (Cf. canon 1032 §2). Canon 1031 §1 indicates that
the interval of time between the diaconate and the priesthood
be at least six months.
Our “Ratio”, following the lead given by the Rector Major
and his Council,11gives these directions: “After his diaconal
ordination , without interrupting his prescribed studies,
every deacon exercises his ministry in liturgical and pastoral
functions which offer specific scope for it. It is important
that this exercise be carried out systematically and under
guidance, with proper assessments on the part of those in
charge of formation.12 In every case the ‘appropriate time” is
to be measured with respect to both the individual candidate
and the characteristics of our Congregation.13
6.2.6 The Permanent Diaconate
83
For permanent deacons our “Ratio” gives some specific con-
ditions:
1) The preparation of permanent deacons must have some
bearing on the Local Church where they will exercise
their ministry. They will eventually be attached to the
formation communities and study centres either Salesian
or those of the place.14
2) A religious deacon, residing temporarily or permanently
in an area where the permanent diaconate has not been
established, may not perform diaconal functions without
the consent of the local Ordinary.15
11 Cf. AGC no 312, 1985, pp.56-57.
12 CF FSDB, 494.
13 Cf. FSDB. 494.
14 Cf. FSDB, 498.
15 Cf. Paul VI, Sacrum diaconatus ordinem (1967), no. 34; FSDB, 499.
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3) The Salesian Brother who wants to begin a formation
course with a view to becoming a permanent deacon or
priest must present his application to the Rector Major,
having first obtained the approval of the Provincial with
his Council;16
4) The Salesian permanent deacon who wishes to begin
studies with a view to becoming a priest must present his
application to the Rector Major, having first obtained the
approval of the Provincial with his Council.17
In both cases the applications will be the subject of special
discernment, with the consideration and reserve which a
change of vocational choice deserves.18
6.3
The order of the priesthood
Much of what has been stated for the Diaconate applies also
to the priesthood. Here is a synthesis of the main points.
84 6.3.1
Prerequisites for priestly ordination
The prerequisites for a candidate to be promoted to the
Priesthood are, in general, all of those already indicated for
the Diaconate (cf. no. 78).
To be added is the necessity for the candidate to have been
ordained a Deacon (with the relative documentation; cf.
canon 1050 §2).
The Code of Canon Law also points out that the minimum
age for admission to the priesthood is 25 years (can. 1031
§1); for us, when a member has made his profession after
having reached the age of 18 and has followed the normal
course of formation, there is no reason to assume that his
age is less than that prescribed.
Our “Ratio” states that the candidate can go on to priestly or-
dination after he has finished the fourth year of theology or
the first year of studies for the licentiate.19
16 Cf. FSDB, 481.
17 Cf. FSDB, 500.
18 ibid.
19 Cf. FSDB, 4995; AGC no. 312, 1985, p. 57.
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6.3.2
Admission to the priesthood
85
The steps for admission to the priesthood are the same as
those for admission to the diaconate, namely:
1) The candidate freely makes his application, well aware of
the obligation which he is about to take on in the eyes of
the Church and of the Congregation (cf. can. 1034 and
1036.
2) The Local Community expresses its opinion on the ad-
mission of the member in the form most in keeping with
charity (Reg. 81).20
3) The Local Council examines the application, expresses its
opinion and votes (the Rector may vote with the Council).
4) The Provincial Council examines the application, the
opinion of the community and the decision of the Local
Council, bearing in mind the formation curriculum of the
professed member, and then gives its own judgment and
votes.21
5) After he receives the consent of his Council, the Provincial
admits the member to ordination to the priesthood.
6.3.3
Dimissorial Letters
86
As for the Diaconate (cf. no. 80) the Provincial sends the
“Dimissorial Letters” to the ordaining Bishop, so that he can
proceed to the ordination. If the ordaining Bishop is not the
Diocesan Bishop, the latter must be fully informed, and the
ordination will take place in agreement with him.
6.3.4
Documentation
87
The following documents are to be kept in the Provincial
Archives:
1) The personal application of the Candidate;
2) The Minutes of both the Local Council and the Provincial
Council with the opinions expressed (Form: PROPOSAL FOR
ORDINATION TO THE PRIESTHOOD...);
20 Cf. FSDB, 301/302.
21 Cf. FSDB, 303 about the responsibility of the Provincial Council in admis-
sions.
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3) The certificate confirming that the ordination has taken
place, issued by the Bishop.
The following documents are to be sent to the General Secre-
tariat:
1) The Minutes of the Local Council and of the Provincial
Council, with the opinions expressed (Form: “PROPOSAL
FOR ORDINATION TO THE PRIESTHOOD”);
2) The certificate confirming that the ordination has taken
place, issued by the Provincial.22
The parish of baptism is to be informed that the ordination to
the priesthood has taken place so that it can be noted in the
baptismal register.
22 See footnote 10 regarding a similar certificate for ordination to the Dia-
conate.
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7. SEPARATION FROM THE SOCIETY
In this chapter the various forms of separation from the So-
ciety, more or less grave according to the norms of Canon
Law (Bk. II, Part II, Chap. VI) and of our Constitutions (Con.
194), are considered.
The different forms of separation that we will consider are
the following:
7.1 Transfer to another Institute
7.2 Temporary absence from the religious house
7.3 Exclaustration
7.4 A temporarily professed member leaving at the end of
the period of vows
7.5 Indult to leave the Institute for a temporarily professed
member
7.6 Indult to leave the Institute for a perpetually professed
member
7.7 Secularization
7.8 Dispensation from the diaconate
7.9 Dispensation from priestly celibacy
7.10 Dismissal from the Society
Reference will also be made to the help that the Superiors
and the community should give to confreres who leave the
Society (n. 7.11).
7.1
Transfer to another Institute
Transfer to another Institute occurs when a religious (Sale- 88
sian) leaves his own Congregation to be incorporated in an-
other, without there being any interruption to the religious
vows. There is a change in the specific nature of the charism.
The Salesian Constitutions consider this possibility in art.
194; the General Regulations in art.. 94 consider the possi-
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bility of the transfer of a religious from another Institute to
our Society. Everything is regulated by cann. 684-685 of the
CIC.
7.1.1
Should a perpetually professed1 Salesian decide, after serious
discernment, to pass to another religious Institute, he should
make his request to both the Rector Major of our Society and
to the Superior General of the Institute he wishes to enter.
7.1.2
The Superiors General of both Institutes (our Society and the
Institute to which the Salesian wished to be admitted) will
submit the request to their own Councils to have their con-
sent.2 Having received the consent of their own Councils, the
Superiors General have the faculty of permitting the one
making the request to enter the new Institute on probation.
7.1.3
The religious, having received the consent of the two Superi-
ors, will spend a probationary period in the new Institute.
This period is determined by the proper law of the Institute,
but in every case it must last at least three years (cf. can. 684
§2).
During the probationary period the religious – while remain-
ing linked to his own Institute – begins to live in the new In-
stitute, observing its Constitutions and obeying the Superi-
ors of the Institute.
At the end of the probationary period he can be admitted to per-
petual profession in the new Institute.
Otherwise he will return to his original Congregation.
89 7.1.4
An analogous procedure will be followed by a religious from
another Institute who requests to transfer to our Salesian So-
ciety. Art 94 of the General Regulations speaks about this pos-
1 For a professed member in temporary vows who wishes to change Institute,
the normal procedure for admission to the Institute is followed, the dis-
pensation contemplated by can. 688, §2, having been obtained with the
subsequent period of the novitiate or of temporary profession. To proceed
otherwise would require a special Indult from the Apostolic See.
2 In the case of our Society, for the Rector Major with his Council to be able
to make a considered judgment, in addition to the request of the confrere
concerned (addressed to the Rector Major), the Provincial will send a de-
tailed report with his own opinion on the matter.
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sibility, and prescribes that the probationary period in our
Society be of three years duration.
7.1.5
For the transfer of a religious (Salesian) to a secular Institute 90
or to a Society of apostolic life or vice-versa (that is from these
to a religious Institute) the permission of the Apostolic See is
required and its instructions are to be followed (can. 684, §5).3
7.1.6
When there is the transfer of a confrere to another Institute
or vice-versa, the importance of sending to the General Secre-
tariat the documentation regarding both the beginning of the
probationary period and the eventual making of the perpetu-
al profession in the new Institute should be remembered.
7.2
Temporary absence from the religious house
7.2.1
Faculty to grant temporary absence
91
Can. 665, §1 states that «religious are to reside in their own
religious house and observe the common life; they are not to
stay elsewhere except with the permission of the Superior».
The same canon gives the faculty to the Major Superiors (=
Rector Major or Provincial, and their respective Vicars), with
the consent of their own Council, to authorise a religious to
live outside the religious house, but not for more than a year,
unless it be for reasons of health, studies or an apostolate to
be exercised in the name of the Institute.
7.2.2
The procedure to be followed is the following:
– the Salesian makes his personal request addressed to the
Provincial, describing the reasons for the request;
3 In the case of a Salesian wishing to transfer to a secular Institute or a So-
ciety of apostolic life, the following documentation should be sent to the
Rector Major:
- request of the confrere concerned, addressed to the Holy Father;
- judgment of the Superior of the secular Institute (or of the Society of apos-
tolic life) disposed to accept the Salesian;
- complete «curriculum vitae» of the confrere;
- report of the Provincial with his own opinion.
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– if it is a question of a priest or a deacon, a document
from the Bishop is necessary in which he states his will-
ingness to allow the religious to exercise his ministry in
the Diocese;4
– the Provincial puts the request before the Provincial
Council and asks for its consent (by secret ballot);
– having received the consent of his Council, the Provincial
grants permission for the absence in a written document
with precise conditions for the life of the Salesian during
his absence (see a fac-simile in APPENDIX A-8). This docu-
ment should be countersigned by the one concerned;
– a copy of the document signed by the confrere should be
sent promptly to the General Secretariat.
7.2.3
The Provincial can grant this permission for absence to the
confrere only once and for not more than a year.
An eventual extension of the absence – beyond a year – on the
part of the Provincial is possible for the special reasons men-
tioned in canon law:
• reasons of physical or mental health;
• reasons of study;5
• an apostolate exercised in the name of the Society (“ab-
sentia ratione apostolatus”).6
The permissions for absence granted for these reasons last
for as long as the motives for which they were granted last.
7.2.4 In weighing up the reasons the Provincial should bear in
mind that granting permission for absence from the religious
4 In particular cases, in which the cleric (priest or deacon) who makes the
request does not intend to exercise his ministry, the Bishop of the Diocese
where the aforementioned cleric (priest or deacon). is going to live should
be informed.
5 It should be noted that it is a matter of motives of study both «discendi»
and «docendi»; not however, for confreres during the course of initial for-
mation, since our “Ratio” prescribes that these confreres undertake their
studies in Salesian formation communities (and therefore permission for
absence cannot be granted to them).
6 In the case of granting permission for absence for reasons of an apostolate,
the Provincial should remember to draw up a «Convention» with the ec-
clesiastical or civil institution with which the Salesian confrere will exer-
cise his apostolate (see in this regard n. 136 in this Manual).
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house (“absentia a domo”) requires a just and proportionate
reason. Our practice is ordinarily not to grant this permis-
sion for reasons of a vocational crisis to confreres who are
temporarily professed, to confreres in initial formation and
to Brothers.7
7.2.5
Permission for absence from the religious house for a reli-
gious means simply the temporary suspension of the obliga-
tion to «reside in their own religious house and observe the
common life ».
One can therefore define the juridical situation of the absent
religious:
– He remains a member of his own community, bound by
his vows and by all the obligations undertaken; he pre-
serves his active and passive voice, unless it was deter-
mined otherwise in the granting of the permission for ab-
sence;
– The religious who is absent remains fully under the care
of his legitimate Superiors and should return to the reli-
gious house if recalled by them;
– The religious who is absent gives an account to the Su-
peior of money received and spent;
– In the document granting the permission to be absent it
is opportune that there be explicit provisions regarding:
• the contacts he should maintain with the Congregation;
• the exercise of his rights (active and passive voice etc).;
• the fulfilment of his religious duties;
• the financial assistance considered necessary;
– Serious failure to fulfil religious duties as far as is possi-
ble according to the terms of the permission granted, jus-
tify the Superior in taking corrective measures with re-
gard to the religious.
7.2.6
At the expiry of the period of the absence granted, the Sale-
sian should promptly return to community. The Provincial will
promptly inform the General Secretariat of the return when
it happens.
7 In this regard see the letter of the Vicar of the Rector Major to Provincials,
dated 20 January 1985 (Prot. n. 85/64).
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7.3
Exclaustration
92
Exclaustration is the situation of someone who while re-
maining a member of the Institute, in fact lives outside it
with the permission of the competent authority, and with the
suspension of certain rights and duties.
Exclaustration is a form of more prolonged «absence» from
the religious house, granted by the Superior General or by
the Apostolic See for serious reasons or in determined cases
imposed and regulated by law: cf. cann. 686687.
7.3.1
A. Exclaustration granted
The Rector Major, with the consent of his Council, for grave
reasons, can grant to a perpetually professed member of the
Society an Indult of exclaustration, valid for a period not ex-
ceeding three years.
7.3.2
The procedure is the following:
1) The Salesian, perpetually professed, presents to the
Provincial his request addressed to the Rector Major, ex-
plaining the serious reasons for which after suitable dis-
cernment he is requesting the Indult;8
2) If it is the question of a priest or a deacon, it is necessary
to add the document from a Bishop in which he states
his willingness for the Salesian to exercise his ministry in
the diocese;
3) Having heard the opinion of his Council, the Provncial
sends to the Rector Major the request and the Bishop’s
document with a detailed report and with his judgement.
He also adds the biographical information about the con-
frere and his «curriculum vitae».
4) The Rector Major, after putting the request before his
Council and having received their consent issues the Re-
8 Reasons for requesting the Indult of exclaustration are of different kinds
depending on the wishes of the one making the request or other circum-
stances, and of such a kind that a simple permission of absence as provid-
ed by can. 665 cannot suffice or would not be appropriate. The gravity of
the reasons is required for the cessation of common life in a way far more
extensive than in the case of absence.
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script with the Indult of exclaustration, which is given to
the confrere, and the Bishop is informed.
7.3.3
An extension of the exclaustration after the three years grant-
ed by the Superior General, or else an Indult for a period
longer than three years, is in the competence solely of the
Apostolic See (through the Congregation for Institutes of
Consecrated Life and Societies of Apostolic Life).9
In this case the person concerned must address his request to
the Holy Father; the documentation (which includes – as
mentioned above – the request of the confrere, the “curricu-
lum vitae”, the document of the Bishop for priests and dea-
cons and the report by the Provincial with the opinion of the
Provincial Council) should be sent by the Provincial to the
Rector Major who, having received the opinion of his Coun-
cil, with send it to the Apostolic See.
7.3.4
The juridical situation of an exclaustrated religious is de-
fined by can. 687 of the CIC: «They are considered as dis-
pensed from those obligations which are incompatible with
their new condition of life. They remain dependent on and
under the care of their Superiors and particulrly in the case
of a cleric of the local Ordinary... But they lack active and
passive voice».
With regard to the simple permission for «absence from the
religious house» the CIC establishes clear conditions:
– The religious who is exclaustrated remains a member of
the Society, dependent on legitimate Superiors and also
the local Ordinary;
– Lacks active and passive voice: therefore cannot elect nor
be elected for the Chapters or for responsibilities within
the Society;
– Has to observe the Salesian Rule of life in all those things
which are not incompatible with the new condition
9 Although it is possible to request from the Apostolic See an exclaustration
for longer than three years, it is not the ordinary practice of the Apostolic
See to grant such an exclaustration. The ordinary way to proceed there-
fore will be that of requesting from the Rector Major exclaustration for
three years, and then eventually if necessary an extension from the Holy
See.
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(which requires a just autonomy in living his life and in
exercise of the apostolate).
It should be noted that the CIC, while it speaks about the de-
pendence of the person exclaustrated on Superiors and the
local Ordinary, also mentions the duty these Superiors have
of accompanying the absent confrere with paternal care.
93 B.
7.3.5
Exclaustration imposed
At the request of the Superior General with the consent of
his Council, exclaustration can be imposed by the Apostolic
See on a member of an Institute of pontifical right.
For this grave reasons are required and equity and charity are
to be observed (can. 686, §3).
7.3.6
In the case where there are reasons to proceed with the im-
position of exclaustration on a member, the Provincial with
his Council will carefully examine the situation and send to
the Rector Major a very detailed report, which indicates the
reasons for the request and the attempts made to resolve the
matter in a different way.
7.4
94 7.4.1
A temporarily professed member leaving “at the end of
the period of vows”
A professed member with temporary vows on completion of
the time of temporary profession who wishes to leave the So-
ciety, is free to do so (CIC, can. 688, §1; Con. 194). At the ex-
piry of the temporary vows in fact the obligation of the reli-
gious before the Church and the Society ceases and he is free
to withdraw.
He will communicate his decision in writing to the Provincial,
after an appropriate discernment and after speaking with the
Superiors.10
7.4.2 In addition a temporarily professed member leaves the Insti-
tute at the expiry of temporary vows when he is not admitted
10 It should be noted that when a temporarily professed confrere does not
submit a request to renew his profession he is thereby showing his inten-
tion to leave the Society.
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by the Provincial and his Council to the renewal of his vows
or to perpetual profession (can. 689, §1)
7.4.3
What can. 689, §2.3 says should be remembered:
– Even though contracted after profession, a physical or
psychological infirmity which in the judgement of experts
renders the member unsuited to lead a life in the Institute
constitutes a reason for not admitting the member to re-
newal of profession or to perpetual profession, unless the
infirmity was contracted through the negligence of the
Institute, or because of work performed in the Institute;
– A religious who becomes insane during the period of tem-
porary vows cannot be dismissed from the Institute, even
though unable to make a new profession.
7.4.4
When a temporarily professed member leaves the Society at
the expiry of the vows, the Provincial should promptly
communicate the fact to the General Secretariat, provid-
ing information regarding the individual’s leaving and the
principal reasons for it. The importance should be empha-
sised of the Provincial (with the help of the formation per-
sonnel if possible) making an analysis of the reasons that
have led to this leaving (both in the case of the professed
member not asking to renew his vows and in that of admis-
sion not being granted). In collaboration with the Formation
Department a FORM has been produced (cf. APPENDIX A-3),
which in addition should be sent as soon as possible to the
General Secretariat11. The Provincial should add a letter in
which he describes the vocational history of the professed,
with a careful analysis of the reasons which have led to the
person leaving.
7.5
Indult to leave the Institute for a temporarily professed 95
member.
7.5.1 The Rector Major, with the consent of his Council, has the fac-
ulty to grant to a temporarily professed member the Indult to
11 Cf. FSDB, 305
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leave the Institute, when, for a grave cause12 he requests such
an Indult before the expiry of the vows taken (cf. can. 688,
§2).
7.5.2
The procedure to obtain the Indult is the following:
a. The temporarily professed presents the Provincial with
his request addressed to the Rector Major, explaining the
reasons for the request.
b. The Provincial considers the request with his Council and
sends a report to the Rector Major clearly pointing out
the grave reasons which lead to the request for the Indult
before the expiry of the vows. It would be convenient for
the report of the Provincial to contain a brief «curricu-
lum vitae» of the professed (which could also be attached
as a separate document).
c. In the General Council the Rector Major examines the re-
quest of the professed member together with the Provin-
cial’s report, and with the consent of his Council grants
the Indult.
7.5.3
Once the Indult has been granted, the General Secretariat
sends the Indult in triplicate13 to the Provincial.
The Provincial then notifies the one concerned that the In-
dult has been granted.
12 It should be noted that in regulating in a new way the leaving of the Insti-
tute during temporary vows, the CIC also requires for the dispensation
from temporary vows – before they expire a grave cause. It would there-
fore be necessary that the professed member judges the seriousness of the
reasons which are leading him to request to leave the Society before the
expiry of the vows. But the request of the professed member in itself is not
sufficient: the competent Superior has to judge that there are sufficient
reasons to leave religious life on the part of someone who has freely as-
sumed a commitment, even though, according to the requirements of the
Church, only temporarily. The gravity of the reason will often be linked to
the lack of a vocation or to conduct by the religious that does not cor-
rispond with his vocation and could be damaging to others.
13 Three copies are sent which are given to the one concerned who must sign
them. Afterwards: one copy is given to the one concerned; one copy is kept
in the Provincial Archives; the third is sent to the General Secretariat (as
indicated in n. 7.5.5.)
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7.5.4
The Indult comes into effect when, on being informed, the
person requesting it does not refuse it. The Indult carries
with it the dispensation from the temporary vows and from
all the obligations arising from religious profession (cf. can.
692).
However, the dispensed confrere must sign the document,
with the date the notification was received as a sign that he
accepts it.
7.5.5
A copy of the document signed by the professed member should
be sent promptly to the General Secretariat.
It should be remembered that the practice is not concluded
until notification signed by the one concerned is received.14
7.6
Indult to leave the Institute for a perpetually professed 96
member
7.6.1
Universal law reserves to the Apostolic See the faculty of
granting to a perpetually professed member the Indult to
leave the Institute (can. 691, §2).
In our Society the Rector Major has the faculty to grant such
an Indult, with the consent of his Council, by the «privileges»
granted to the Society.
7.6.2
The CIC recommends that a perpetually professed religious
should not request to leave the Institute except for very grave
reasons weighed before the Lord (can. 691, §1).
This imposes the obligation of a serious discernment on the
part of the professed religious, but also a special responsibil-
ity on the Superiors (Provincial, Rector, Formation person-
nel) to help the confrere in difficulty to carefully evaluate his
situation and the way to respond before God.15
14 In the case where it has not been possible to obtain the signature of the
one concerned, a copy of the Rescript should be sent to the General Sec-
retariat with a statement that it has been notified and not refused.
In the case that the Indult is not accepted by the professed; he remains in the
Congregation: the matter should be promptly communicated to the Gen-
eral Secretariat.
15 See in this regard AGC n. 312, 1985, pp. 48-49
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7.6.3
The procedure to follow regarding the dispensation is the
following:
a) The professed member who intends to ask for the Indult,
makes his request addressed to the Rector Major explain-
ing the grave reasons which lead him to make the request,
evaluated after the discernment carried out in dialogue
with the Lord and with the help of an appropriate spiri-
tual director. He gives the request to the Provincial who
will forward it to the Rector Major.
b) The Provincial will send the necessary documentation that
enables the Rector Major and his Council in conscience
to evaluate whether motives exist to grant the dispensa-
tion. Such documentation ought to include:
– the request of the professed member;
– complete personal details;
– the formation curriculum, from the admission to the
novitiate until perpetual profession and beyond, with
the observations and the voting of the local and the
Provincial Councils at each admission;16
– a careful report by the Provincial on the origin and caus-
es of the vocational crisis, its development, conversations
with the confrere by the Provincial and/or other Superi-
ors prior to the decision to request the dispensation;
– the final evaluation and the opinion of the Provincial
and his Council regarding the concession of the dis-
pensation.17
c) The Rector Major will consider the request of the pro-
fessed member in the General Council in the light of the
Provincial’s report, and having received its consent, can
grant the requested Indult.
7.6.4
88
Once the Indult has been granted, it is sent to the Provincial
by the General Secretariat in triplicate.18
16 The curriculum mentioned here will be in two parts: one part regarding
the stages of formation (curriculum of formation), from admission to the
novitiate until perpetual profession, with a transcript of the observations
and the voting for each admission; a second part lists the houses and the
responsibilities after perpetual profession.
17 Cf. ACG n. 312, 1985, p. 49
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The Provincial sees that the person concerned is notified that
the Indult is granted.
7.6.5
As in the case of the dispensation from temporary profession,
the Indult comes into effect from the time it is communicat-
ed and the confrere does not refuse it. The Indult carries with
it dispensation from the vows and from all the obligations aris-
ing from profession (can,. 692).
The professed member who has received the Indult should
sign and date it, indicating his acceptance.
7.6.6.
The Provincial Secretariat will then ensure that a copy of the
Indult duly signed by the person concerned is returned to the
General Secretariat.19
The fact of the dispensation from perpetual profession
should also be communicated to the parish of Baptism, so
that it can be noted in the Baptismal Register.
7.7
Secularisation
97
«Secularisation» is the form of an «Indult to leave the Insti-
tute» through which the Salesian priest or deacon passes to
the secular clergy and is incardinated, with or without a peri-
od of probation, in a Diocese20.
This form of Indult is regulated by can. 693 of the Code of
Canon Law, which provides for two possibilities:
a. secularisation «praevio experimento» (or «ad experimen-
tum» or «in prova»), which is granted with a period of
probation before incardination: according to the law, the
probation may last up to five years;
b. simple secularisation («pure et simpliciter») by which the
Bishop states that he is willing to incardinate the reli-
gious immediately without waiting for any period of pro-
bation.
19 What is indicated in note n. 14 applies. But in the case of the perpetually
professed everything possible should be done to have the document
signed.
20 The term “secularisation” refers to the “secular clergy”, which is an ex-
pression often used to indicate the diocesan clergy.
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The conditions and the main points to be observed are
summed up here.
7.7.1
According to can. 693 a prior condition for a confrere to be
incardinated in a Diocese is to have a document written by
the Bishop stating that he is willing to accept the confrere with
a view to incardination. In the document the Bishop must
state clearly whether he is accepting the religious on proba-
tion («ad experimentum») or whether he will incardinate him
at once («pure et simpliciter»).
7.7.2
Having this document from the Bishop it is possible to pro-
ceed with the request for secularisation. For this the follow-
ing documents have to be sent to the Rector Major:
1) The request from the petitioner addressed to the Holy Fa-
ther: which must explicitly state the reasons and the kind
of secularisation being requested (“praevio experimento”
or simple): see a facsimile of the request in APPENDIX A-9;
2) The original document from the Bishop, which states that
he is willing to accept the confrere among the diocesan
clergy (“ad experimentum” or “pure et simpliciter”, as
mentioned above).21
3) Personal details of the confrere and «curriculum vitae» up
to the time of the request;
4) Detailed report and opinion of the Provincial (with his
Council) on the appropriateness of granting secularisa-
tion.
7.7.3
The Rector Major with his Council, having examined the
confrere’s request and the documentation provided, sends it –
usually through the Procurator – to the Congregation for In-
stitutes of Consecrated Life and Societies of Apostolic Life,
within whose competence it is to issue the Rescript that al-
21 It should be noted that can. 693 speaks only of the Bishop, who is willing
to accept the religious into his Diocese. However, one should remember
can. 381, §2, by which Vicars Apostolic and Prefects Apostolic in their own
areas are equivalent in law to diocesan bishops. Then according to can.
134, §3, Vicars General and Episcopal Vicars can issue a document con-
firming the acceptance of a religious in view of incardination, but only,
«by special mandate » of the Bishop.
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lows the Bishop to proceed with incardination, according to
the appropriate canonical form.
The Rescript of the Congregation for Institutes of Consecrat-
ed Life sent to the Provincial should be passed on to the Bish-
op.
7.7.4
Having received the Rescript from the Holy See, as soon as
possible the Bishop should issue:
a. The «Decree of implementation» (or “Executive Decree”)
when it is a question of probationary secularisation;
b. The «Decree of incardination» when it is a question of
simple secularisation.
When passing on the Rescript from the Pontifical Congrega-
tion, the Provincial will ask the Bishop for the necessary De-
cree.
Having received a copy of the executive Decree or the Decree
of incardination from the Bishop, the Provincial will see that
it is immediately sent to the General Secretariat, retaining a
copy for the Provincial Archives.
It should be remembered that until the appropriate Decree is
issued secularisation has not taken place.22
7.7.5
The religious who is accepted on probation by the Bishop is
dependent upon and under the care of the Bishop. The vows
and the obligations deriving from profession are to be consid-
ered suspended, in so far as they are incompatible with the
new condition of life.
During the probation (or experimental) period he is in the
situation of a religious who is exclaustrated: as such, he does
not have active or passive voice in the Society and therefore
does not take part in elections for Chapters nor can he be
elected to responsibilities in the Society.
22 The “executive Decree” (or the “Decree of incardination”, when requested)
is a Decree by which the Bishop gives executive effect to the Rescript of
the Holy See and therefore in fact accepts the confrere into the Diocese,
after receiving authorisation from the Holy See. This decree is required by
the Pontifical Rescript itself: in the case of secularisation “ad experimen-
tum” it provides an Indult of exclaustration for the whole period of pro-
bation; on the other hand, in the case of secularisation “pure et sim-
pliciter” it decrees the incardination. Therefore it is a question of a Decree
that confirms the previous letter of acceptance that the Bishop had given.
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He may return to the Society whenever he wishes during the
period of probation. After five years of probation, he is auto-
matically incardinated in the Diocese, by virtue of the law it-
self, unless before the end of that time the Bishop has sent
him back to the Congregation (can. 693)23.
7.7.6
When a religious is definitively incardinated in the Diocese (af-
ter the Decree of incardination has been issued or the five
probationary years have passed), he is dispensed from his
vows of poverty and religious obedience and all the other ob-
ligations of the Rule (cf. can. 692).
7.8
Dispensation from the diaconate
98 7.8.1
The competent authority to grant a dispensation from the di-
aconate is the Apostolic See: such an Indult in fact includes
dispensation from celibacy, which can. 291 reserves exclu-
sively to the Roman Pontiff.
7.8.2
To proceed with a request for dispensation the Provincial, af-
ter having ascertained, - through the necessary discernment –
that there are grave reasons to grant the Indult to the con-
frere deacon (either a deacon preparing for the priesthood or
a permanent deacon), sends to the Rector Major the follow-
ing documentation:
1) The personal request of the one concerned, addressed to the
Holy Father, in which he humbly requests dispensation
from celibacy and from the obligations of the diaconate
and from religious vows, indicating all the reasons for his
request. Emphasis needs to be given to the importance in
the request made in all humility to the Holy Father that
the reasons leading to the decision are clearly indicated,
together with the process of discernment undertaken.
23 The maximum time for probation envisaged by the CIC is five years, but
the Bishop may proceed to incardinate him (or likewise send him back to
the Congregation) even before the expiry of the five years. If during the
probation the religious should decide to return to the Congregation, there
are no formalities to be completed: he may return and the Provincial must
accept him.
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2) The «curriculum vitae» of the deacon, also including the
observations and the voting at the various admissions
from that to the Novitiate to that to the Diaconate24; in
the «curriculum» what he has done since ordination to
the diaconate until the present should be mentioned.
3) A detailed report from the Provincial (addressed to the
Rector Major), that clearly presents the reasons for the
request and concludes with the opinion of the Provincial
about the appropriateness of granting the dispensation.
4) If it is possible it would be good to add some statements
of qualified witnesses, (formation personnel or superiors),
which express an opinion about the crisis of the deacon,
about the motives and about the suitability of granting
the dispensation.
All these documents should be sent to the General Secretari-
at in duplicate (the original and a copy).
7.8.3
Having received the documentation, the Rector Major with
his Councillors examines it and then, generally through the
Procurator, forwards it, – with his own opinion – to the Con-
gregation for Divine Worship and Discipline of the Sacra-
ments (to which has been assigned competence to analyse
these requests and present them to the Holy Father).
7.8.4
When the Rescript with the concession of the dispensation
has been received, a copy is sent to the Provincial, who will
notify the confrere concerned about it. As in the case of the
dispensation from profession, the Indult comes into effect
the moment that the confrere, informed about it does not re-
fuse it.
The Provincial will see to it that the arrival of the Rescript is
notified to the General Secretariat and to the deacon’s parish of
origin, so that it may be noted in the Baptismal register.
24 As was already said when speaking about a dispensation from perpetual
profession (cf. note 16), it would be well that all the observations and the
votes for the various admissions (from the novitiate to the diaconate) be
transcribed.. This in order to have a complete and concise picture of the
whole formation curriculum. There is no need to attach copies of the ad-
mission documents.
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The dispensation brings with it the cessation of all the obliga-
tions deriving from ecclesiastical celibacy, from the duties of
the diaconate and from religious vows.
7.9
Dispensation from priestly celibacy
99 7.9.1
The competent authority to grant the dispensation from
priestly celibacy (and from the other obligations of ordina-
tion) is solely the Roman Pontiff (cf. CIC, can. 291).
7.9.2
100
94
Conditions
The request for a dispensation from priestly celibacy must be
based on the conditions established by the Apostolic See,
which in 1980 issued some “Normae substantiales”, to which
Ordinaries and the Instructors of such Cases must refer (cf.
Letter of the Congregation for the Doctrine of the Faith dated 14
October 1980). These conditions can be substantially reduced
to the following general situations:
a. The case of a priest who, having left the ministry a long
time ago wishes to regularise his position;
b. The case of a priest admitted to the priesthood in such
circumstances that one can find and demonstrate:
– a lack of personal freedom;
– a lack of full responsibility;
– a lack of sufficient maturity;
– a lack of correct judgement on the part of the forma-
tion guides and the superiors, with regard to the suit-
ability of the candidate for the state of life of priestly
celibacy.
It is obvious that many of the various personal situations can
be reduced to one or other of the preceeding general condi-
tions. For example, it is possible to point to the lack of per-
sonal freedom when the choice of the priesthood by the can-
didate was made in a situation of grave fear of parents, rela-
tives or superiors; one could speak of a lack of full responsi-
bility whenever a candidate may have taken the decision in a
state of serious moral crisis or personality disturbance; it is
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date was admitted to the priesthood without an adequate in-
tellectual, psychological or spiritual preparation; in various
cases one identifies an affective-sexual immaturity.
In every case, two aspects especially need to be underlined:
a. The arguments put forward to decribe the situation must
really be open to proof and supported by documents and
witnesses;
b. Above all it is necessary to look at the conditions and the
circumstances that preceeded ordination. Otherwise only
with great difficulty can the dispensation be granted. For
a safer guarantee, of great importance are the testimonies
of superiors, companions of study, relatives or friends,
and also medical and psychological certificates.
7.9.3 The procedure for the presentation of the case is the follow- 101
ing:
7.9.3.1
The petitioner writes a letter addressed to the Holy Father, ap-
propriately signed and dated, in which he requests the dis-
pensation. The request, made in a spirit of humility, should
contain a brief description of the facts and the fundamental
reasons for the request.
The request is given to the Provincial, who has to initiate the
Case.
7.9.3.2
Once he has received the request, the Provincial should make
a judgement as to whether there are the basic conditions to be
able to present it to the Apostolic See (cf. n. 7.9.2.). If he dis-
covers such conditions, the Provincial may proceed to initi-
ate the case and collect the necessary documentation.
7.9.3.3
The Provincial may carry out the practice personally or by
means of a delegate. In this second case, with the appropriate
written document (cf. APPENDIX A-13-1), the Provincial, ap-
points a Salesian priest as the «Instructor causae»: from the
time of his appointment the primary responsibility for the
case is his.
7.9.3.4 The Provincial then sees to the appointment by a written doc-
ument (cf. APPENDIX A-13-2) of a confrere, (ordinarily the
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Provincial Secretary) who exercises the role of «notary» and
who makes a public statement concerning the autenticity of
the acts in the Case. The notary must:
a. be present at the interrogation of the priest requesting
the dispensation and furnish accurate minutes of the con-
versation between the Instructor causae and the petition-
er;
b. be present at the questioning of the witnesses recording
minutes of the conversations and authenticating them
with his own signature;
c. authenticate all the other written documents (opinions of
experts, written testimonies, all kinds of certificates etc.).
7.9.3.5 After the implementation of these preliminaries, the Provin-
cial or the Instructor causae appointed by him proceeds to:
a. question the priest who has requested the dispensation,
on the basis of a questionnaire prepared for the purpose
(cf. a Model in APPENDIX A-13-4); the questioning should
refer both to elements drawn from the curriculum and
above all from the reasons mentioned in the request of
the petitioner;
b. question or ask for a written sworn statement from people
indicated by the petitioner, and all those considered in a
position to make a contribution to the case (cf. a scheme
or example for questioning witnesses in APPENDIX A-13-5;
in the case where a witness is asked for a written state-
ment, other important questions to be answered could be
indicated but then one would require an overall report
which provides a precise answer to single questions);
c. trace all the other documents that might be useful to
prove what the priest requesting the dispensation has
said (very useful are any medical or psychological reports
there may be in certain cases).
7.9.3.6
When all the necessary documents have been acquired, the
Instructor Causae makes his final report, in which he ex-
presses his own judgement about the reasons given and the
appropriateness of granting the dispensation. Then comes
the final report of the Provincial who in his turn expresses
his own opinion about the granting of the dispensation, as
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well as his view “de rei veritate”.
Then the Provincial sends all the documentation to the Rector
Major.
The Rector Major and his Councillors examine the case ma-
terial, with the assistance of the juridical Office. The case ma-
terial is then sent – usually through the Procurator – to the
Congregation for Divine Worship and Discipline of the
Sacraments furnished with the view of the Rector Major.
7.9.4 The documentation required
102
With regard to the documentation, the Congregation for Di-
vine Worship and Discipline of the Sacraments – which is cur-
rently competent to examine Cases of dispensation from
Celibacy – has provided a complete list of the documents that
should be presented by the Ordinaries (Bishops and religious
Superiors) for these cases.
The list which is given here also specifies the form the vari-
ous documents indicated need to have. Some explanatory
notes are added (in smaller characters).
DOCUMENTS NECESSARY FOR THE INSTRUCTION OF A CASE
FOR DISPENSATION FROM THE OBLIGATIONS OF PRIESTLY
ORDINATION
1. The letter of the priest addressed to the Holy Father in a
spirit of penitence and humility, summarizing the princi-
pal reasons that have led him to leave the priesthood and
any others for which he considers it impossible to return
to the sacred ministry.
The request is to be addressed to the Holy Father and per-
sonally signed by the Petitioner. !t should be a clearly stat-
ed petition for a dispensation from celibacy and reduc-
tion to the lay state. This letter is to be submitted to the
Ordinary together with a “curriculum vitae”
2. A ‘Curriculum Vitae' of the Petitioner [written by the Peti-
tioner]25 that serves as the 'libellus" whereby the case is
25 The “curriculum vitae” mentioned here is one written by the Petitioner, to
accompany his request to the Holy Father. It is very useful. It can be at-
tached to the request.
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introduced and in which is contained a detailed descrip-
tion of the reasons for the defection, and, if pertinent,
why the situation is irreversible. Also included should be
signflcant dates, i.e., of birth, progress in the steps of for-
mation and ordination, and the years and places where
ministry was carried out.
3. A statement of every pastoral attempt made by the Ordi-
nary of the Diocese or Religious Superiors to dissuade
the Petitioner from making the request, along with all the
measures taken to assist him in overcoming the crisis and
taking up the ministry again.
[All this can be included by the Provincial in his final report]
4. A document that demonstrates that the Petitioner has been
suspended from the exercise of the sacred ministry, once
the Ordinary has reviewed the 'Curriculum' and decided
to accept the formal request of the Petitioner for a dis-
pensation – thereby avoiding any possible scandal and
protecting his reputation.
[This formal document is not necessary if the priest has in fact aban-
doned his ministry]
5. A Decree nominating the Instructor of the case and an ec-
clesiastical Notary, including the explicit statement of the
obligation to proceed according to the 'Substantial and
Procedural Norms' promulgated by the Congregation for
the Doctrine of the Faith. (A.A.S. 14 October 1980, pp.
1132-1137)
[N.B. See the examples of these decrees of appointment in APPENDIX
A-13-1 and APPENDIX A-13-2]
6. The Interrogation of the Petitioner under oath, by the In-
structor in the presence of the Notary, with prepared and
pertinent questions concerning, above all, the time of for-
mation prior to Ordination, with a deeper inquiry into
the reasons given by the Petitioner in the "Curriculum"
for the crisis, the defection and the irreversibility of his
choice.
[The “pertinent“ questions in the interrogation should be aimed at going
more deeply into the reasons given by the Petitioner in his request and
in the “curriculum”, looking into the proximate reasons for the crisis,
but also the remote ones, which often go back to the time of formation,
prior to ordination]
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7. The Interrogations or depositions of witnesses; either those
indicated by the Petitioner or chosen by the Instructor:
i.e., parents and relatives of the Petitioner, Superiors and
companions from the time of formation, present Superi-
ors and priest confreres.
[As can be seen, the nature of the testimony may be of two kinds:
through an interrogation (questions and answers) or with a written dep-
osition (i.e.one written and signed by the witness). Always remember to
include oath to tell the truth – There should be at least three state-
ments of witnesses]
8. Any testimony that might be obtained from physicians, psy-
chologists, psychiatrics who were visited during the time
of formation or later.
9. A copy of the 'Scrutinia" (i.e. all documents specified in
Canon 1051) of those responsible for his admission to Holy
Orders as well as other documents from the archives of the
house of formation.
[N.B. This forms part of the extensive curriculum, drawn up by the
Provincial Secretary (or Notary) in which, in addition to the data regard-
ing the various stages and the offices held, are noted the observations and
the voting made at the admissions at all the stages of formation]
10. The personal Vote of the Instructor about the merit of the
case as a whole, explaining whether it is recommended or
it is deemed unadvisable that a dispensation be granted
and why this is the case. To be taken into consideration
are: not only the reasons set forth in the Instruction, as
well as the personal well being of the Petitioner, but also
the universal good of the Church, of the Diocese or Reli-
gious Institute as a whole, and of the souls formerly en-
trusted to the ministry of the Petitioner.
11. The personal Vote of the Bishop or the Religious Superior
who arranged that the case be instructed – to be formu-
lated upon the merit of the case as presented in the Acts
prepared by the Instructor, stating whether or not it is
deemed opportune to grant the dispensation. An explicit
statement must be included regarding the assurance that
no scandal will be taken if the dispensation is given.
[It should be remembered that the report of the Provincial – with his
personal vote – should also contain a judgement “de rei veritate” on the
credibiity of the witnesses and the acts]
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103 7.9.5.
12. A personal Vote from the Bishop of the place where the Pe-
titioner now lives regarding the assurance that no scandal
will be taken is the dispensation is given.
[N.B. This is the so-called “de non timendo scandalo” document issued
by the Bishop of the place where the Petitioner is living]
13. An official copy of: certificates of attempted civil marriage
or declarations of nullity of Matrimony, or civil divorce for
the Petitioner and the woman.
[N.B. Obviously this is in the case where the priest has attempted a civ-
il marriage. For us religious, there should also be included the declara-
tion of dismissal on the part of the Provincial with his Council, as indi-
cated in n. 105]
Of all these documents four copies (the original + 3 copies) –
in loose pages, not bound – are sent to the Secretary General (or
directly to the Vicar of the Rector Major or to the Procurator.26
When the dispensation is granted, the Rescript of the Con-
gregation for Divine Worship and the Discipline of the Sacra-
ments is sent – in triplicate27 – to the Provincial.
The Provincial informs the Petitioner about the Rescript,28
pointing out the indications and the condition it contains.
The Provincial informs the General Secretariat in writing that
the notification has been given (cf. APPENDIX A-13-8).
He also informs the local Ordinary and the Parish of origin of
the one concerned of the fact., so that a note may be made in
the Baptismal Register.
7.10
104
100
Dismissal from the Society
Dismissal is the process by which a member is separated
from the Congregation either by force of law or by a decree
of the Superior General.
26 The Holy See recommends that if there are hand – written documents (es-
pecially if difficult to read) they should be transcribed, typed, and signed
by the notary.
27 It should be noted that copies of the rescript are issued because the original
is retained by the Pontifical Congregation. Of the three copies sent (which
should all be signed): one is for the Petitioner, one is to be kept in the Provin-
cial Archives and one is returned to the Centre of the Congregation.
28 Notification of the Rescript can be done personally by the provincial or
through someone in his place (with written delegation) or by registered
post (certified, registered).

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According to canon law there are three cases of dismissal:
1. dismissal «ipso facto» («automatically») (can. 694);
2. obligatory dismissal (can. 695);
3. dismissal on the judgement of the Superior (can. 696).
The Salesian Constitutions deal with this form of separation
from the Society in art. 194. It should be observed, however,
that given the often «traumatic» manner/effect of separation
from the Society by dismissal, as far as possible it is best to
convince the member to ask spontaneously/freely to leave the
Society, when there are reasons for this.
In general one should note that the procedure for dismissal is
the same for both temporarily and perpetually professed.
7.10.1 Dismissal «ipso facto»
105
7.10.1.1 Can. 694 of the CIC establishes that a religious is dismissed
from the Institute «by the fact itself » when he has committed
the following crimes:
1) has notoriously defected from the Catholic faith (apostasy
or public support of doctrines contrary to the faith);
2) has contracted marriage or attempted to do so, even civilly.
7.10.1.2 In these cases the dismissal is established by the law itself,
but this prescribes that it be «declared» by the Major Supe-
rior, so that it is juridically established. While being a dis-
missal “ipso facto”, it has juridical value from the time when
the declaration of the competent Superior is made.
The Provincial therefore must collect the evidence and, with-
out delay, with his Council, issue a declaration of dismissal (a
model can be found in APPENDIX A-10).
The evidence (which accompanies and justifies the declara-
tion of dismissal) can be: a copy of the marriage certificate
(in the case of a wedding), sworn statement (that is testimony
of the person who – under oath and by writing – bears witness
to the fact of guilt), possible writings of the one concerned,
publication or articles in the press (for example, in the case of
public support of doctrines contrary to the faith), etc.
7.10.1.3 The declaration by the Provincial and his Council, to-
gether with the proof, should be sent without delay to the
General Secretariat.
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The Provincial should then see that the person concerned is
informed of the declaration.
7.10.2 Obligatory Dismissal
106a 7.10.2.1 The Major Superior (Provincial) is obliged in virtue of the
law to dismiss a member of the Society, in temporary or per-
petual vows, in the following circumstances:
a. if he is living in a state of concubinage (can. 1395, §1);
b. if he continues in some other grave sinful situation
against the sixth commandament, which causes scandal
(can. 1395, §1);
c. if he commits murder, by force or by fraud abducts, im-
prisons, mutilates or gravely wounds a person (can.
1397);
d. if he actually procures an abortion (can. 1398).
7.10.2.2 In these cases the dismissal is called “obligatory” since the
Provincial has to go ahead with the dismissal, but for that
purpose a process is required that the law clearly defines. It
is not a question of a dismissal “ipso facto”.
The procedure – indicated in can. 695 §2 – is the following:
a. The Provincial collects the evidence concerning the facts
and the imputability of the offence and the accusation
and the evidence are presented to the member. He will do
this either personally in the presence of two witnesses, or
by means of a registered letter (certified, registered, with
a receipt to be returned): he will make known to the reli-
gious the facts or the culpable acts which lead to the dis-
missal giving him the opportunity to defend himself.
b. There is no need for other warnings (what is indicated in
point a is sufficient), since the dismissal is imposed by
the law, but it is presumed that the Superior will have
tried all the means possible to make the confrere change
his ways.
c. All the documents, signed by the Provincial and the
Provincial Secretary acting as Notary, are sent to the Su-
perior General who will issue the decree of dismissal (in
the manner indicated below).
Among the documents to be sent to the Superior General
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there should also be the response of the confrere to the
accusations levelled against him, put in writing and
signed by him, in addition to an authenticated copy of the
letter (or the letters) in which the Provincial formally pre-
sented him with the accusations.
The Provincial will accompany the documentation with
his report to the Rector Major describing the whole
process undertaken and with an extract from the Provincil
minutes in which – after the stages in the process – the
Council gave its own vote in favour of the dismissal. A
“curriculum vitae” of the confrere should also be added.
d. It should be observed that the confrere always has the
right to communicate with the Superior General and to
put to him directly the arguments in his own defence
(can. 698). The Provincial ought to inform him of this
possibility.
7.10.2.3 It should be added that the CIC leaves it to the Superior to 106b
judge whether it is appropriate to dismiss a member in the
cases contemplated in can. 1395, §2, that is in the case of acts
that are not habitual29 against the sixth commandament of
the Decalogue, especially if the crime was committed by
force, by threats or in public, or with a minor under the age
of 16. In these cases, the Superior can proceed to dismissal
or, if he considers it opportune, to provide in some other way
for the amendment of the religious, and also for the restora-
tion of justice and the reparation of scandal (cf. can. 695, §1).
In any case, one should note the special attention that has to
be given to crimes of a sexual nature with regard to minors,
which the Supreme Pontiff recently included among the
“delicta graviora”, entrusting the examination of them and
any possible sanctions to the Congregation for the Doctrine of
the Faith. The procedure to be followed in these cases is that
indicated above (n. 7.10.2.2), but on account of the delicate
nature and the gravity of the matter the Vatican Congrega-
29 For «habitual» acts against the sixth commandament of the decalogue,
accompanied by grave external scandal, what is indicated in 7.10.2.1, b) –
in relation to can. 1395, §l, which prescribes «obligatory» dimissal should
be applied.
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tion requires a much more detailed documentation (with clear
reference to the age of the victim and to the culpable acts and
any possible civil action pending).
7.10.3
107
Dismissal on the judgement of the Superior.
We call this kind of dismissal “on the judgement of the Supe-
rior” because it involves the Superior’s judgement, in which
he has to decide whether the grave reasons considered by the
CIC to dismiss a religious, in addition to the cases mentioned
above, are present.
7.10.3.1 Motives for dismissal.
Can. 696 of the CIC leaves to the judgement of the Superior
the dismissal of a member for other causes, other than those
considered for dismissal «ipso facto» or obligatory. Because
of the gravity of the process of dismissal the CIC requires
that these causes be grave, external, imputable amd juridical-
ly proven. By the law itself, as examples, the principle causes
are indicated:
a. habitual neglect of the obligations of consecrated life;
b. repeated violations of the sacred bonds;
c. obstinate disobedience to the lawful orders of Superiors
in grave matters;
d. grave scandal arising from the culpable behaviour of the
religious;
e. obstinate attachment to, or diffusion of teachings con-
demned by the magisterium of the Church;
f. public adherence to materialistic or atheistic ideologies;
g. the unlawful absence from the religious house if it ex-
tends for a period of six months, with the intention of
withdrawing from the authority of Superiors (cf. can.
665, §2).
7.10.3.2 One could consider among the cases for dismissal “on the
judgement of the Superior” also what is said in n. 7.10.2.3,
but one should note that in the matter specified there, the
way to proceed is the same as that mentioned above in cases
of “obligatory” dismissal (cf. can. 695 §2).
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7.10.3.3 A member in temporary vows can also be dismissed for rea-
sons less grave than those set out previously (can. 696, §2),
as, for example, the obvious lack of a religious spirit, without
hope of improvement.
7.10.3.4 The procedure to be followed is established by cann. 108
697-700 and includes the following stages:
a. Above all the Provincial must consult his Council about
the advisability of setting in motion the process of dis-
missal: this must result from the «EXTRACT FROM THE MIN-
UTES»;
b. If, having heard his Council, the Provincial judges that
he ought to proceed with the dismissal, he needs to col-
lect and complete all the evidence of the imputability of
the offence; in the case where he wants a member who is
unlawfully absent to return he has to give an order by
force of the vow of obedience (cf. Con. 68) in writing, in
a registered letter (certified/recorded) with a return re-
ceipt, or by word of mouth before two witnesses; in the
order the Provincial clearly informs the confrere of a rea-
sonable date before which he must return to a specific
community (with an explicit caution that dismissal will
follow if he does not obey). Also for other reasons the
Provincial should formally and explicitly – in writing –
inform the member that if he does not give up his culpa-
ble behaviour before a certain deadline, he will be dis-
missed;
c. After the specified deadline has been reached (at least 15
days after the deadline), if the member has not obeyed or
has not given up his behaviour the Provincial will give
him a first warning in writing or before two witnesses,
indicating a new deadline and with the explicit warning
of his subsequent dismissal if he fails to reform, clearly
informing him of the reason for his dismissal and giving
him every opportunity to defend himself (see a model in
APPENDIX A-11);
d. Should the first warning not prove effective, after an in-
terval of at least fifteen days after the deadline given for
him to obey, the Provincial will give a second warning, in
the same way as the first;
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e. If this second warning is also ineffectual; after an interval
of at least fifteen days (from the date of the reception of
the warning), the Provincial calls his Council and to-
gether – in a secret vote – judges that there is sufficient
proof of incorrigibility and that the defence of the reli-
gious is insufficient, he should then proceed to send to
the Rector Major the request for the dismissal: it should
be noted that in this case the Provincial votes with the
Council; of this meeting too an “EXTRACT FROM THE MIN-
UTES” should be drawn up to add to the documentation;
f. If the Council is in agreement about the dismissal, the
Provincial sends to the Rector Major his final report
with all the documents,30 signed by him and by the
Provincial Secretary as the notary, together with all the
replies given by the religious and signed by him;
g. It is obvious that the member may always communicate
personally with the Rector Major and put to him directly
arguments in his own defence;
h. The Rector Major, acting in collegial fashion with his
Council (which for validity must comprise at least four
members31), proceeds to a careful evalutation of the evi-
dence, of the arguments and of the defence and, if by a
secret vote the decision is positive, the decree of dis-
missal is drawn up;
i. The decree of dismissal is forwarded to the Apostolic
See (Congregation for the Institutes of Consecrated Life
and Societies of Apostolic Life or to the Congregation for
the Doctrine of the Faith in cases which are within its
106
30 The documents to be sent to the Rector Major are the following: 1) The
extract from the minutes of the Provincial Council to begin the process; 2)
copy of the formal obedience given, with the relevant documentation
(documentation regarding the certification of the letter or of personal
handing over); 3) copy of the first canonical warning, with the relevant
documentation; 4) copy of the second canonical warning, with the rele-
vant documentation; 5) extract from the minutes of the Provincial Coun-
cil in which the vote is given in favour of the dismissal; 6) the final report
of the Provincial. To be added also: 7) an extensive “curriculum vitae”of
the confrere; 8) all replies there may be from the confrere and other use-
ful documentation.
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competence), together with all the acts so that it may pro-
ceed to ratify it; for validity the decree must indicate the
right of the religious dismissed to have recourse to the
competent authority (in the first instance the Congrega-
tion for the Institutes of Consecrated Life and in the sec-
ond instance to the Supreme Tribunal of the Apostolic
Signatura) within ten days of receiving notification;
whenever recourse is made this has a suspensive effect.
7.10.3.5 Notification of the decree of dismissal
109
a. Once the decree of dismissal has been ratified by the
Apostolic See,32 the person concerned is notified of it ei-
ther by a registered letter (recorded delivery with a return
receipt) or personally in the presence of two witnesses.
b. The decree of dismissal cannot be refused, but it is possi-
ble having once received the notification, for the subject
to have recourse to the Apostolic See, within ten days of
receiving it as mentioned above.
During the period of the recourse the juridical effects of
the dismissal are suspended.
c. The dismissal of the member ought also to be communi-
cated to the Ordinary of the place where he is living (es-
pecially if it is a matter of a deacon or a priest).
d. The General Secretariat should be promptly informed of
the notification having been given.
7.10.3.6 Effects of dismissal
110
a. The dismissed member is no longer a Salesian. The vows
professed and all the other obligations following from the
Salesian profession cease.
b. If the dismissed member is a deacon or a priest, in virtue
of the dismissal he is suspended and may not exercise the
sacred orders until he has found a Bishop who accepts
him into his diocese to incardinate him or at least to per-
mit him to exercise the ministry.
32 It should be emphasised that the decree of dismissal comes into force on-
ly after ratification or confirmation by the Apostolic See (can. 700)
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111 7.10.3.7 Notes of a procedural nature
Since, as has already been pointed out, dismissal is an ex-
tremely grave matter, that has to be ratified by the Apostolic
See (can. 700) and that, in special cases, could also be con-
tested before the «second section» of the Supreme Tribunal
of the Apostolic Signatura, it is important that particular
care is taken in the regularity and the precision of the acts,
which do not permit of exceptions in form or even less in
substance.
Some juridical formalities in regard to the documentation to
be borne in mind need to be remembered:
a. All the documents should be in perfect order: place, date,
signature or signatures, seal, countersigned by the Actu-
ary (Provincial Secretary);
b. If the letter with the formal obedience, as also the other
two with the canonical warnings are given by hand, it is
necessary to draw up a document about the delivery hav-
ing taken place, of this kind:
The undersigned, . . . . . . . . . . . ., having received from
Rev.Fr. . . . . . . . . . . . ., Provincial of the Salesian province
. . . . . . . . . . . . . with headquarters in . . . . . . . . .. . . . , the
task of delivering the letter with the formal obedience
(with the first warning; with the second warning; . . . .),
states that he has fulfilled the task at . . . . . . . (place) . . .
. . . . . . . today . . . . . . . . . (date) . . . . . . . . . . . . , in the pres-
ence of the witnesses . . . . . . . . . . . . . . . . . . . . . .
In fede.
............... .......... (place and date). Signature of the one
charged with the delivery and of the two witnesses.
c. If the communication is carried out by word of mouth
face to face, the Provincial does so before two witnesses,
and has an official document reporting the fact drawn
up, signed by all. If the confrere concerned does not want
to sign, a declaration to that effect is added at the bottom
and signed by the Provincial and the witnesses.
d. When the communication is made by letter, this is sent as
a registered letter with a return receipt («registered» letter).
The receipts of these letters are then added to the acts.
e. Particular attention to the intervals of time provided for
by the law is recommended, between one intervention and
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another (between the expiry of the time for the obedience
and the first canonical warning, between the first and sec-
ond canonical warnings, between the expiry of the second
warning and the final meeting of the Provincial Council).
The CIC always requires intervals of at least 15 days.
f. All the documentation should be prepared in two copies:
the first with the originals to be sent to the Rector Major;
the second is to be kept in the Provincial Archives. If a
registered letter were to be returned the closed envelope
should be attached together with an authenticated copy
of the letter it contains.
(It is appropriate to send to the General Secretariat, in
addition to the original copy for the Rector Major, a sec-
ond copy of the documentation)
7.10.4 Confrere who cannot be found
Whenever contact is lost with a confrere absent from the 112
community (for whatever reason), the Provincial – with the
help of the local Rector – will do all he can to trace him and
to restore a fraternal and frank dialogue, to help him to over-
come his difficulties and return to community.
If however, after a reasonable period of time the search has
proved unsuccessful, the confrere remains «untraceable», the
Provincial with his Council should decide whether to begin
the process of dismissal.
The procedure to follow is the same as that indicated for the
dismissals according to the judgement of the Superior (cf. n.
108), but in this case the formal obedience and the subse-
quent canonical warnings are given «per edictum», in other
words fixing such acts to the Provincial notice board and the
Notice board of the Community to which the confrere is ju-
ridically attached (see an example APPENDIX A-12). The edicts
should remain on display for the period of time prescribed
for the various deadlines.
7.10.5 Expulsion from the community in urgent cases
The norms regarding urgent cases are found in can. 703 of 113
the CIC: «In the case of a grave external scandal, or of ex-
tremely grave and imminent harm to the Institute, a member
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can be expelled forthwith from the house by the major Supe-
rior. If there is danger in delay, this can be done by the local
Superior with the consent of his council. The major Superior
if need be is to introduce a process of dismissal in accor-
dance with the norms of law, or refer the matter to the Apos-
tolic See».
The canon makes provision for an exceptional remedy in par-
ticular situations, that is in the case of grave external scandal
or extremely grave harm that would affect the Institute pre-
cisely on account of the presence of the religious in a house:
it is clear that the exceptional nature of the provision re-
quires a very serious discernment of the «exceptional nature»
of the reasons: the Superior will carry out that dioscernment
with his Council.
According to the law the competent authority to decide on
the immediate expulsion from the religious house is the ma-
jor Superior (Rector Major or Provincial), with the consent of
his Council. But in cases so urgent that any delay linked to
recourse to the major Superior would be considered danger-
ous, the local Superior (Rector) can carry out this procedure
with the consent of his Council.
It should be noted that the sending away or expelling from
the religious house is not equivalent in itself to dismissal
from the Institute, even though this could be the final con-
clusion.33 It is a question of a procedure that is exceptional,
but provisional. Therefore after a member has been expelled
it is necessary that:
– if this was decided by the Rector, he should immediately
inform the Provincial, so that the necessary next steps
may be taken;
– the Provincial, whether he himself was responisible for
the expulsion in an emergency, or whether it was done by
the Rector, has to decide with his Council on the need to
begin a process leading to the eventual dismissal from the
Society, if there are sound reasons: in this case he will
proceed in everything as indicated in n. 108 (dismissal on
the judgement of the Superior).
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It is obvious that the procedure for the expulsion from the
religious house could also be resolved with a return to the
community (if the causes of scandal or damage were re-
moved) or also in special cases, with the referral of the mat-
ter directly to the Apostolic See, which would decide what
solution to make.34
7.11 Help for confreres who leave the Congregation
114
With regard to confreres who – in any way – leave the Con-
gregation art. 54 of the General Regulations states as follows:
«Should a confrere leave the Society, he shall once again have
full rights over the movable and immovable goods the own-
ership of which he reserved to himself but he shall not have
the right to demand any of their fruits, nor any account of
their administration.
Fraternal help will be afforded him to face the initial diffi-
culties of his new situation, but he shall not be entitled to
anything for the period he has passed in the Congregation».
Therefore our law, while on the one hand pointing out that
profession has been an absolutely free and gratuitous gift
and therefore the confrere cannot demand anything for the
work carried out in community, on the other hand invites the
Superior and the community to accompany the confrere in
his new situation, also with practical economic assistance,
especially when he might find himself in need. It is obvious
that the Provincial will consider case by case, to respond to
the confrere’s needs.
In this regard what can. 1350 of CIC also says with regard to
a priest dismissed from the clerical state should be borne in
mind: «If a person is truly in need because he has been dis-
missed from the clerical state, the Ordinary is to provide in
the best way possible.”
34 Regarding expulsion in urgent cases see also «Il Direttore salesiano», Roma
1986, n. 293.
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8. RELIGIOUS HOUSE AND LOCAL COMMUNITY
In this Chapter some points regarding Salesian Houses will
be discussed: then canonical erection and closure, the ap-
pointment of a member to a house, the appointment of the
Rector, the acceptance of a parish.
8.1
Opening and canonical erection of a Salesian House
115 8.1.1
8.1.2
A distinction needs to be made between simple opening and
canonical erection of a house:
– The opening is the act of beginning a Salesian foundation
in a specific place for a particular mission;
– The canonical erection is the juridical action by which the
Salesian foundation is recognised as a “domus religiosa”
(Religious house), having a legal status under the author-
ity of a Superior (cf. canon 608).
Canon Law prescribes that the religious house must be “law-
fully constituted” (canon 608), that is, canonically erected.
Therefore canonical erection should normally accompany
the opening of a Salesian foundation.
If for special reasons, at a transition stage, a foundation is
opened but not immediately canonically erected, it must in
the meantime be considered as linked to and dependent on a
house which is canonically erected; the Provincial will there-
fore take steps to determine which house and which Rector
the confreres will depend on, and at the same time he will
appoint a priest in charge of the new foundation.
The simple opening of a Salesian foundation also requires the
authorisation of the Rector Major with the consent of his
Council (Con 132 §1,2).
Therefore, the Provincial, after having placed the new foun-
dation before his Council for examination and having re-
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ceived their consent (Con. 165,5) will send to the Rector Ma-
jor the request for the opening of this new foundation with a
report on its scope and the result of the voting of the Provin-
cial Council.
8.1.3
For the canonical erection of a house some conditions apply.
These are specified in the universal law and in our own law.
In particular it is required that:
1) the necessary conditions exist to ensure for the members
the possibility of leading their religious life in a regular
manner in accordance with the purposes and spirit prop-
er to the institute (cf. canon 610).
2) there be a guarantee of at least three members so as to
constitute a juridical aggregate of persons in the Church
(cf. canon 115 §2); but it should be borne in mind that
article 150 of our Regulations states that ordinarily the
number of members be not less than six.
3) there be the written consent of the diocesan Bishop
(Canon 609 §1).
8.1.4
The following is the procedure for the canonical erection of a
house:
a. The Provincial examines the canonical erection of the
House with his Council and asks for the consent of the
Council (Con. 165 §5);
b. The Provincial sends to the Rector Major a request for
the canonical erection with a report which includes:
• the scope of the house and the reasons for its canonical
erection;
• the voting in the Provincial Council;
• the patron of the House (title of the Lord or of the
Blessed Virgin Mary or a Saint or a Blessed).
The written consent of the Ordinary of the place will be
attached to the request.
c. The Rector Major, after receiving the consent of his
Council, will issue the decree of canonical erection
in triplicate, one copy for the Central Archives, one
for the Provincial Archives and one for the House
Archives.
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8.1.5
116
Division of a House into two (or more) new Houses
The division of a House into two or more communities (ei-
ther because it is too large and complex, or for other special
reasons) does not need the permission of the Ordinary of the
place, unless the new communities are too far away from the
first community, even if they are in the same city.
In the case of the subdivision of a house into one or more
communities in the same place, if it is simply a matter of an
internal arrangement, it is sufficient for the Provincial, with
the consent of his Council, to ask the Rector Major for the de-
cree of canonical erection of the new community (or com-
munities) as explained above.
In the case, however, that the new community – resulting
from subdividing a house – is in a locality a long way from
the first house (even if it is in the same city) it is necessary to
do all that is stated in preceding numbers (cf. no. 115, 8,1,4).
8.2
117
114
Change of the Scope of a House
Article 132, 1.2 of the Constitutions prescribes that for mod-
ifying the scope of a work, the authorisation of the Rector Ma-
jor, with the consent of his Council, is necessary. Here it is a
matter of a considerable change in the scope of the work. It is
not simply an addition to the original scope or a minor
change of address, keeping the scope of the institution unal-
tered. It is a matter of the addition of totally new activities or
the abolition and/or change of activities which were the
scope for which the request was made at the time of the erec-
tion of the work.
In these cases the Provincial, having obtained the consent of
his Council, sends the Rector Major an application for mod-
ification of the scope of the work with a report which ex-
plains the new activities, the reasons which support them
and the opinion of the Provincial Council. It is to be noted
than when the change of the scope is such that the Religious
House becomes destined for works different to those for
which it was erected, it is necessary to have the consent of the
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8.3
Appointment of the Rector of a Canonically Erected
House
The Provincial, with the consent of his Council and with the 118
approval of the Rector Major, is the one to appoint the Rector
of a local community, after a consultation of the confreres of
the Province (Con 177; cf. Con 165.2).
Here is the procedure to follow for the appointment of a Rec-
tor.
8.3.1
With a view to the appointment of one or more Rectors the
Provincial carries out a consultation among the confreres of
the Province. It is a matter for the Provincial and his Council
to decide how the consultation will be made (frequency, man-
ner of making it, etc. ...); the Provincial Chapter can make in-
dications (not binding) regarding the manner of making it
(Reg. 170).
8.3.2
After he has looked at the proposals and determined the re-
sult of the consultation, the Provincial calls together the
Provincial Council to examine the result and with the consent
of the Council he proceeds to the appointment of the Rector.
8.3.3
After appointing the Rector the Provincial requests the ap-
proval of the Rector Major, sending to Rome the appropriate
form (“APPROVAL OF THE APPOINTMENT OF A RECTOR” – Propos-
al for the Appointment of a Rector) with information on
the result of the consultation and on the voting of the
Provincial Council, and he also gives his own opinion.
Should the Rector Major not approve the proposal made by
the Provincial, with his Council the Provincial will nomi-
nate another confrere (the approval of the Rector Major is
in fact a necessary condition for the validity of the appoint-
ment of a Rector).
8.3.4
After receiving approval for the appointment from the Rector
Major, the Provincial either personally or through a Delegate
will preside at the ceremony in which the Rector takes pos-
session of the house to which he is destined. During the cer-
emony the Rector makes the Profession of Faith (cf. Con 121)
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and signs the appropriate form which is then sent as soon as
possible to the General Secretariat.
119 8.3.5
At the end of the first triennium, in order to confirm a Rector
in the same house for a second triennium, the Provincial:
– must have the consent of his Council (Con 165.2);
– but the approval of the Rector Major is not necessary
(Reg. 170).
He must however inform the General Secretariat about the sec-
ond triennium (cf. Form: CONFIRMATION IN OFFICE OF A RECTOR-
Confirmation of a Rector).
120 8.3.6
The approval of the Rector Major is necessary to confirm a
Rector for a third triennium (or for a fourth, fifth, etc.) in the
same house.
The procedure to follow in these cases is the same as indicat-
ed above for the first appointment (cf. nos. 8.3.1 – 8.3.4).
8.4
Appointment of Councillors and confreres to other of-
fices in the local community
Our own particular law gives the Provincial with his Council
the responsibility for the appointment of some of the collab-
orators of the Rector in the animation of the local commu-
nity.
Here are some of the principal norms to keep in mind:
121 8.4.1
Appointment of the Vice-Rector
By virtue of article 183 of the Regulations it is the Provincial
who appoints the Vice-Rector but he will first hear the opin-
ion of the Rector concerned. The consent of the Provincial
Council is not necessary but he could well ask for their opin-
ion. The Provincial will bear in mind what article 182 of the
Regulations says: “It is customary for the Vice-Rector to be
responsible for one of the principal sectors of the educative
and pastoral activity of the community. Ordinarily, however,
the office of Vice-Rector should not be combined with that of
Economer.”
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8.4.2
Appointment of the local Economer (bursar, administrator, 122
treasurer..)
The appointment of the local Economer is also determined
by article 183 of the Regulations; it is for the Provincial to do
so, and he will previously listen to the opinion of the Rector
of the House. In this case also the consent of the Provincial
Council is not necessary.
8.4.3
Appointment of Members of the Council of the Community 123
Article 180 of the Constitutions states: “It belongs to the
Provincial, with the consent of his Council, after hearing the
opinion of the local community, to decide which sectors of
the community’s activity shall be represented in the Council.”
The Provincial, with the consent of his Council and having
listened to the local community, must first of all determine
the composition of the local Council and decide which mem-
bers shall take part in it, in relation to the principal activities
of the house, apart from the Vice-Rector and Economer who
are members of it by right (Con 179,1).
It belongs then to the Provincial himself to nominate the con-
freres responsible for the principal sectors of activity and to
institute them as members of the Local Council.
Regarding other members of the Local Council who, espe-
cially in very large communities, are elected by the assembly
of the confreres, article 180 of the Constitutions states: “(the
Provincial) will decide whether any Councillors are to be
elected by the assembly of the confreres, and how many they
will be”.
In general, article 178 of the Constitutions is to be borne in
mind where it says that confreres in initial formation are not
to be members of the Local Council; this means that brothers
must be perpetually professed and that clerics must have fin-
ished their formation by ordination to the priesthood (or to
the permanent diaconate).
8.4.4
Other Offices
124
Article 185 of the Constitutions states: “The role and duties of
those responsible for the principal sectors of the community’s
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activities will be laid down by the Provincial Chapter.” This is
about those who are in charge of the works or of the various
sectors of the educative and pastoral project of the Salesian
community. They are not necessarily all members of the Lo-
cal Council but only those decided upon by the Provincial
with his Council in virtue of Constitution 180.
In every case it depends on the Provincial to appoint those
confreres in charge of the above-mentioned offices (Reg.
183).
Here it is worth recalling what article 182 of the Constitu-
tions says: “Wherever circumstances suggest that some ex-
ception should be made, the Provincial, with the consent of
his Council and after hearing the opinion of the local com-
munity concerned, can modify the ordinary roles and struc-
tures within the community, especially when it is small in
number of confreres, provided always that the role of the rec-
tor is safeguarded.”
Included in these exceptional circumstances is the case in
which, for special reasons, in a small community, the Provin-
cial with the consent of his Council, should decide that it is
not necessary to have a Local Council.
8.5
125
Assignment of a Member to a House
Our own particular law states that: “A member is assigned to
a specific Salesian house by a precept of obedience from his
own Provincial or other competent authority” (Reg. 150).
When therefore the Provincial (or his Vicar or the Rector Ma-
jor or his Vicar) gives a member a precept of obedience to go
to a certain house to take up a specific post, the member be-
comes assigned to that house; he therefore becomes a per-
manent member of that house and is placed under the au-
thority of the local Rector.
8.6
126
118
Acceptance of a Parish
Canon 520 of the Code of Canon Law sanctions the possibil-
ity of a parish being entrusted to a religious institute. The
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§1. The diocesan Bishop, (but not the diocesan Administra-
tor), can, with the consent of the competent Superior, en-
trust a parish to a clerical religious institute or to a clerical
society of apostolic life, even by establishing it in the
church of the institute or society, subject however to the
rule that one priest be the parish priest or, if the pastoral
care is entrusted to several priests jointly, that there be a
moderator as mentioned in can. 517 §1.
§2. The entrustment of a parish, as in §1, may be either in
perpetuity or for a specified time. In either case this is to
be done by means of a written agreement made between
the diocesan Bishop and the competent Superior of the
institute or society. This agreement must expressly and
accurately define, amongst other things, the work to be
done, the persons to be assigned to it and the financial
arrangements.
Our own Salesian law states: “We carry out our mission also
in parishes; in this way we respond to the pastoral needs of
the particular Churches in those areas which offer us ade-
quate scope for services to the young and to the poor.
The acceptance of a parish is effected by means of a contract
between the Provincial and the local Ordinary, after obtain-
ing the approval of the Rector Major with the consent of his
Council” (Reg. 25).
The procedure to be followed for the acceptance of a Sale-
sian parish is the following:
8.6.1
After weighing up the reasons for accepting a parish and the
conditions requested by the Regulations for its “Salesianity”
(Reg. 25-26), the Provincial will draw up a draft of a Contract
with the Ordinary of the place following the norms of Canon
520 §2. He will take care in this Contract to expressly and ac-
curately define the work to be done, the persons to be as-
signed to it and the financial arrangements. (See the outline
for a Contract in Appendix A-14.)
8.6.2
Subsequently the Provincial will examine the Contract and
the reasons for accepting the parish with his Council and ask
for the consent of the Council (Reg. 156.2).
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8.6.3
After having obtained the consent of his Council the Provin-
cial will request the permission of the Rector Major with his
Council. For this he will send the Rector Major:
– a report giving the reasons for accepting the parish, its
Salesian characteristics and the voting of the Provincial
Council;
– a written statement of the Bishop showing his approval
of entrusting the parish to the Salesian Society;
– a copy of the draft of the contract.
8.6.4
After the Rector Major has, with the consent of his Council,
given permission to accept the parish, and possibly made
some observations on the draft of the Contract, the Provin-
cial will proceed to the definitive drawing up of the Contract
and to its signing with the Ordinary of the place.
A copy of the Contract, signed by the Bishop and by the Provin-
cial, is to be sent to the General Secretariat.
8.7
127
Canonical Closure of a House
The closure of a canonically erected House lies within the
competence of the Rector Major with the consent of his Coun-
cil (CIC can. 616 §1; Con 132 § 1.2)
To proceed to the closure of a House it is necessary that:
– The Provincial, having obtained the consent of his Coun-
cil (Con 165,5) sends to the Rector Major a report with
the reasons for the closure and the voting of the Provin-
cial Council;
– The Provincial consults the diocesan Bishop. It is not
necessary to have his written consent, but it is prescribed
that the Bishop be advised. This must be affirmatively in-
dicated in the report sent to the Rector Major.
Having obtained the decree of closure from the Rector Major,
concerning the goods of the suppressed house the Provincial
proceeds following the norms of the Constitutions (cf. art.
188), with due regard for the wishes of founders or benefac-
tors and for lawfully acquired rights (canon 616, §1).
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For the closing of an activity the procedure is indicated in
point 8.2 (number 117) if it is such as to involve an important
change in the scope of the House.
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9. THE PROVINCE
9.1
128
Erection or Suppression of a Province
By the norms of our particular law, the erection or suppres-
sion of a Province lies within the exclusive competence of the
Rector Major with the consent of his Council (Con 132 § 1.1;
Con 156). For the erection of a Province the Constitutions re-
quire that it be ascertained that the necessary conditions exist
to promote and maintain in that juridical circumscription the
life and mission of the Congregation with the autonomy that is
necessary for it to operate (regarding personnel, its viability
and formation, activities and works, economic subsistence).
For the erection of a Province it is first required that the Rec-
tor Major promotes a consultation among the confreres in-
volved in the new circumscription (Con 156).
A similar procedure is required for the suppression of a
Province.
9.2
129
122
Erection of a Vice-Province
Our particular law makes provision for the existence of a ju-
ridical circumscription called a Visitatoria (Vice-Province)
which is similar to a Province but does not have the complete
autonomy proper to a Province. A Vice-Province is estab-
lished when distance, the number or other circumstances re-
quire that some houses be detached from one or more
Provinces; but the lack of personnel, of financial means or
some other reason would not warrant the establishment of a
new Province (cf. Con 158). Among the reasons there may be
the special mission entrusted to a Vice-Province.
The canonical erection of a Vice-Province also lies within the
competence of the Rector Major with the consent of his
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The procedure for a consultation among the confreres in-
volved is similar to that described above for a Province. The
Rector Major will see to this in view of the creation of a Vice-
Province.
It should be added that the Superior of a Vice-Province has or-
dinary vicarious power. The manner of his appointment, the
length of his tenure of office and the appointment of the
Council of the Visitation are analogous to those indicated for
the Provincial and his Council (see chapter 1).
9.3
Circumscription by Special Statute.
In particular circumstances and for special reasons, the Rec- 130
tor Major with the consent of his Council can also set up oth-
er forms of juridical circumscriptions which are called “Cir-
cumscriptions by Special Statute” due to the fact that their ju-
ridical configuration is determined by the “special” Statute
which goes with their erection.
The third paragraph of article 156 of the Constitutions is ap-
plicable to these circumscriptions: “As regards other eventu-
al circumscriptions, their internal structure and representa-
tion will be defined by the decree of erection, in line with
Salesian spirit and tradition.”
9.4
The Provincial Delegation
Article 159 of the Constitutions states: “If within the confines 131
of a Province, distance or other reasons prevent the Provin-
cial from taking special care of some local communities
which, although having a certain unity among them do not
have the requisites necessary for erection as a Vice-Province,
the Provincial with the consent of his Council and the ap-
proval of the Rector Major, can set up a Delegation.”
The Delegation is not an independent juridical circumscrip-
tion. It is a part of a Province, dependent on a Provincial even
though he delegates some powers to his Delegate.
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As indicated above, the Provincial has to ascertain that the
necessary conditions exist for the constitution of a Provincial
Delegation. He then needs:
– the consent of his Council;
– the approval of the Rector Major, (which he asks for by
sending an appropriate report).
The Constitutions also determine the manner in which the
Superior of the Delegation (“Delegate” of the Provincial) is ap-
pointed:
– the Provincial organises a consultation among the confr-
eres of the Delegation;
– the Provincial then nominates the Delegate with the con-
sent of the Provincial Council and proposes him to the
Rector Major;
– the Rector Major approves the nomination.
The Superior of the Delegation1 has delegated authority;
therefore he exercises the powers which the Provincial sees
fit to delegate to him (Con 159).
9.5
132
The Provincial House
The Provincial (or Superior of a Vice-Province) establishes
his house and the Provincial Centre in a canonically erected
house of the Province (or Vice Province); this can be a house
“ad hoc”, one in which the community is specifically dedicat-
ed to provincial services; or a house of the Province having
also other activities alongside provincial services.
For the canonical erection of a house destined for provincial
services the procedure is obviously like that for the canonical
erection of any other house.
In order to change the Provincial House the Provincial (or the
Superior of the Vice-Province) must ask for the consent of
124
1 The Constitutions use the term “Superior” but in the strict sense the “Del-
egate” of the Provincial is not a major superior (like the Provincial or the
Superior of a Vice-Province); he has “delegated” authority as is shown
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his Council; then he must seek the approval of the Rector
Major (cf. Reg. 153; Reg. 156,5).
9.6
Enrolment of a Member in a Province
Article 160 of the Constitutions states that: “By first profes- 133
sion a member is enrolled in the juridical circumscription
(Province or Vice-Province) for whose service he asked to be
admitted”.
The member is therefore incardinated in the Province (or Vice-
Province) whose Provincial admitted him to the Novitiate, ad-
mitting him from that time for the service of the Province (or
Vice-Province); this is also the case even if the first profes-
sion is made in another Province (something common in in-
ter-provincial novitiates).
Also in the case of an inter-provincial prenovitiate it is the
Provincial of origin who admits him to the novitiate and then
numbers the novice as a member of his own Province.
9.7
Transfer of a member from one circumscription to
another
9.7.1.
The transfer of a member of one circumscription (Province
or Vice-Province) to another circumscription (Province or
Vice-Province or house directly dependent on the Rector Ma-
jor) can be definitive or temporary.
The Rector Major decides definitive transfer. It can be 134
brought about:
a. by a mandate of obedience of the Rector Major who defin-
itively appoints a confrere to a circumscription for a spe-
cial assignment, after having heard the opinions of the
confrere concerned and the major Superiors of the two
circumscriptions (that of origin and that of destination);
b. by request of the confrere:
In such a case the following documentation is to be sent
to the Rector Major:
– the personal application of the confrere, addressed to
the Rector Major, giving reasons for the requested
transfer;
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– the written consent of the Provincial of origin;
– the written consent of the Provincial who is to receive
the confrere.
After study of the documentation and the reasons, the Rector
Major can issue a decree of definitive transfer.
135 9.7.2
Temporary transfer can also take place in two ways:
a. with the appointment of a confrere to a task in a circum-
scription other than his own for as long as the task lasts;
When the time for the task expires, the member returns
to his own Province unless something new arises.
b. By agreement between the Superiors (Provincials or Supe-
riors of a Vice-Province) of the two circumscriptions: by
the norm of article 151 of the Regulations a Provincial
(or Superior of a Vice-Province) having heard the opinion
of his Council can send a confrere temporarily to anoth-
er Province (cf. also Reg. 157,3). In such a case there
must be a written agreement certifying the temporary
transfer.
For the whole time that a member has been temporarily
transferred to another Province (or Vice-Province) he de-
pends completely on the Provincial (or Superior of the
Vice-Province) of the new Province (or Vice-Province). He
takes part in the voting for the Provincial Chapter in the
house in which he resides and in the voting of the provin-
cial list of the Province to which he has been transferred
(unless he has been transferred only for reasons of study or
health).
9.8
136
126
Confreres who work in non-Salesian structures
Our own particular law provides for the case of confreres
destined to work in institutions or structures which are not
Salesian:
– in the service of particular Churches (dioceses and
parishes);
– in educational and social institutions at the service of
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The Provincial must have the consent of his Council to ap-
point a confrere to this type of work and he is required to fol-
low up and constantly assess how these confreres are getting
on (Reg. 35; 156.4).
In particular it is appropriate that the conditions foreseen for
a positive association with the Salesian Community are clear-
ly set out in the written document with which the Provincial
gives the appointment to the confrere:
– both in regard to the local religious Superior on whom
the confrere will depend;
– and in regard to the contacts to be maintained with the
Salesian Community.
Canon 681 of the Code of Canon Law also prescribe that, in
appointing a confrere to a non-Salesian structure, the Provin-
cial should draw up a written Agreement with the ecclesial
(diocese or parish) or educative-social institution, at whose
disposition the confrere(s) is being placed.
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10. DUTIES AND PARTICULAR FACULTIES OF THE
PROVINCIAL
Collected together in this chapter is the range of duties and
faculties particular to the Provincials and which the Code of
Canon Law gives them as a Religious Ordinary.
These duties and faculties, relating to different areas of life
and activity, should be borne in mind together with those
specifics already indicated in earlier chapters.
10.1 Duties and faculties regarding the spiritual life of reli-
gious.
Three points in particular are considered here:
– Duties of the Provincial to provide for the confessions of
his subjects;
– Faculties of the Provincial concerning the administration
of the Sacrament of Penance;
– Faculties for dispensing from private vows.
137 10.1.1 Duties of the Provincial to provide for the confessions of his
subjects
The norms indicated in can. 630 are reported here: this canon
is addressed to all Religious Superiors: in particular it implies
a specific responsibility for the Provincial as an Ordinary.
§l. While safeguarding the discipline of the institute, Superi-
ors are to acknowledge the freedom due to the members
concerning the sacrament of penance and the direction
of conscience.
§2. Superiors are to take care, in accordance with the insti-
tute’s own law, that the members have suitable confessors
available, to whom they may confess frequently.
§4. Superiors are not to hear the confessions of their subjects
unless the members spontaneously request them to do so.
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§5. The members are to approach their superiors with trust
and be able to open their minds freely and spontaneous-
ly to them. Superiors, however, are forbidden in any way
to induce the members to make a manifestation of con-
science themselves.
In this canon, the following is explicitly indicated:
1. The duty of the Superior to see, with all due care, that the
members have suitable confessors;
2. The freedom of conscience of members must be safe-
guarded, while inviting them to open themselves in trust
to their own Superiors.
3. The possibility of the Superior hearing the confessions of
his own subjects, but only after a spontaneous request for
this.
Our proper law, in Reg. 174, recalls the following duties
specifically for the Rectors: “(The Rector) should ensure that
the confreres have opportunities for frequent confession and
freedom as regards direction of conscience.”
10.1.2 Faculties of the Provincial concerning the administration of the 138
Sacrament of Penance.
Art. 152 of the General Regulations says: “Members will ex-
ercise the ministry of hearing confessions with the permis-
sion of the provincial, in accordance with canon law”.
We recall here the principal canonical norms regarding this
matter, recalling above all that "for valid absolution of sins it
is necessary that the minister, as well as having ordinary
power, has the faculty for exercising it on behalf of the faith-
ful to whom he imparts absolution" (can. 966, §1).
The norms to be borne in mind are as follows:
Can. 968
§1. By virtue of his office, for each within the limits of his ju-
risdiction the faculty to hear confessions belongs to ... the
parish priest, and to those others who are in the place of
the parish priest.
§2. By virtue of their office the faculty to hear confessions of
their own subjects and of those others who live day and
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night in the house, belongs to the Superiors of religious
institutes or of societies of apostolic life, if they are cleri-
cal and of pontifical right, who in accordance with the
constitutions have executive power of governance, with-
out prejudice however to the provisions of can. 630, §4.
This canon clarifies who are the ones who have the faculty of
jurisdiction, and to whom, by virtue of office: the parish
priest (or whoever is in his stead) in his own parish, the reli-
gious Superior for his subjects and for those who live day
and night in the house, according to their own circumscrip-
tion; the Rector Major in all the Houses of the Congregation,
the Provincial (or Superior of a Vice-Province) in the houses
of the Province (or Vice-Province), the Rector in his own
House.
Can. 969
§1. Only the local Ordinary is competent to give any priests
whomsoever the faculty to hear confessions of any
whomsoever of the faithful; Priests who are members of
religious institutes may not, however, use this faculty with-
out the permission, at least presumed, of their Superior.
§2. The Superior of a religious institute or of a society of
apostolic life, mentioned in can. 968 §2, is competent to
give to any priest whomsoever the faculty of hearing the
confessions of his own subjects and of those others who
live day and night in the House.
Can. 971
The local Ordinary is not to give the faculty habitually to hear
confessions to a priest, even to one who has a domicile or
quasi-domicile within his jurisdiction, without first, as far as
possible, consulting the priest’s own Ordinary.
This canon establishes the following principles:
1. The religious Superior is competent to grant the faculty
of hearing confessions to a religious priest for the reli-
gious and faithful living day and night in the House, ac-
cording to his proper circumscription; the Provincial for
the entire Province, the Rector for his own House.
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2. The faculty of hearing confessions of all the faithful can
be given only by the local Ordinary, but emphasised here
is the fact that he should hear, as much as possible, from
the religious Ordinary (for a religious priest) and that the
religious must not exercise the ministry without the at
least presumed permission of the Superior.
We can recall that the jurisdiction granted by the local Ordi-
nary is valid for confessing the faithful in any place, unless in
a specific place the local Ordinary, in particular cases, has
forbidden it (cf. can. 967).
Can. 974, finally, refers to the revoking of the faculty to habit- 139
ually hear confessions. We indicate here the two items of in-
terest to religious Superiors:
Can. 974
§1. Neither the local Ordinary nor the competent Superior
may, except for a grave reason, revoke the granting of a
faculty habitually to hear confessions.
§2. If the faculty to hear confessions is revoked by his Supe-
rior, the priest loses the faculty everywhere towards the
subjects of the institute. If another competent Superior
revokes the faculty, the priest loses it only for the subjects
in that circumscription.
It is helpful here to recall that according to can. 975, the Re-
ligious loses the faculty for confessions granted by the local
Ordinary if he loses his domicile in the Diocese, that is if the
major Superior transfers him to a House situated in another
Diocese. It suffices to request authorisation in the new Dio-
cese.
10.1.3 Faculties for dispensing from private vows
140
Applied here is can. 1196, that says:
Beside the Roman Pontiff, the following can dispense from
private vows, provided the dispensation does not injure the
acquired right of others:
1. the local Ordinary and the parish priest, in respect of all
their own subjects and also of strangers;
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2. the Superior of a religious institute or of a society of
apostolic life, if these are clerical and of pontifical right,
in respect of members, novices, and those who reside day
and night in a House of the institute or society;
3. those to whom the faculty of dispensing has been dele-
gated by the Apostolic See or by the local Ordinary.
According to n. 2 of the aforesaid canon, the Provincial is
competent to dispense his own subjects in all Houses of the
Province; the Rector, the subjects in his own House, from pri-
vate vows (with the specific conditions of the law).
10.2
141
132
Apostolate of the professed
Indicated here are some of the canons of CIC referring to the
apostolate carried out by religious, highlighting the responsi-
bilities both of Bishops and of religious Superiors:
Can. 678
§1. In matters concerning the care of souls, the public exer-
cise of divine worship and other works of the apostolate,
religious are subject to the authority of the Bishops, whom
they are bound to treat with sincere obedience and rever-
ence.
§2. In the exercise of an apostolate toward persons outside
the institute, religious are also subject to their own Supe-
riors and must remain faithful to the discipline of the in-
stitute. If the need arises Bishops themselves are not to
fail to insist on this obligation.
§3. In directing the apostolic works of religious, diocesan
Bishops and religious Superiors must proceed by way of
mutual consultation.
Can. 679
For a very grave reason a diocesan Bishop can forbid a mem-
ber of a religious institute to remain in his diocese, provided
the person’s major Superior has been informed and has failed
to act; the matter must immediately be reported to the Holy
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It is useful to recall the norms of can. 681 for the conduct, by
religious, of works entrusted to them by the Bishop. This has
already been spoken of in dealing with the acceptance of
parishes:
Can. 681
§1. The works which the diocesan Bishop entrusts to reli-
gious are under the authority and direction of the Bishop,
without prejudice to the right of the religious Superiors
in accordance with can. 678 §§2 and 3).
§2. In these cases a written agreement is to be made between
the diocesan Bishop and the competent Superior of the in-
stitute. This agreement must expressly and accurately de-
fine, among other things, the work to be done, the mem-
bers to be assigned to it, and the financial arrangements.
Recall also can. 682 concerning the conferring of an ecclesi-
astical office on a religious (for example nomination as
parish priest):
Can. 682
§1. If an ecclesiastical office in a diocese is to be conferred on
a member of a religious institute, the religious is ap-
pointed by the diocesan Bishop on presentation by, or at
least with the consent of, the competent Superior.
§2. The religious can be removed from the office at the dis-
cretion of the authority who made the appointment, with
prior notice being given to the religious Superior; or by
the religious Superior himself, with prior notice being
given to the appointing authority. Neither requires the
other’s consent.
Also pertinent is what the Code establishes concerning the
visitation of the Bishop to the religious House:
Can. 683
§1. Either personally or through a delegate, the diocesan
Bishop can visit churches and oratories to which Christ’s
faithful have habitual access, schools other than those
open only to the institute’s own members, and other
works of religion and charity entrusted to religious,
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whether these works be spiritual or temporal. He can do
this at the time of pastoral visitation, or in case of neces-
sity.
§2. If the diocesan Bishop becomes aware of abuses, and a
warning to the religious Superior having been in vain, he
can by his own authority deal with the matter.
Indicated here, finally, are some canons concerning particu-
lar commitments of religious:
Can. 765
To preach to religious in their churches or oratories permis-
sion is required of the Superior who is competent according
to their Constitutions.
The Salesian Constitutions in art. 162, show that the compe-
tent Superior for giving such permission is the Provincial.
Can. 832
To publish writings on matters of religion or morals, members
of religious institutes require also the permission of their ma-
jor Superior in accordance with the Constitutions.
It should be observed that the adverb “also” inserted in the
canon, recalls the fact that there can be general arrange-
ments (from the Holy See) or local ones (Episcopal Confer-
ence or the Bishop), to be followed, other than those of the
religious Superior.
For us Salesians art. 162 of the Constitutions indicates the
Provincial as the competent Major Superior to give such per-
mission.
On the manner of proceeding, can. 830 should be borne in
mind which speaks of the possible appointment of censors
and of the faculty of the Ordinary (be it the Ordinary of the
place or the major Superior), according to his prudent judg-
ment, to grant permission for publication to proceed.
10.3
142
134
Places of worship
Indicated here are canons of CIC regarding places of wor-
ship: they are of interest to Provincials who need to look af-
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Can. 936
In a House of a religious institute or other house of piety, the
Blessed Eucharist is to be reserved only in the church or
principal oratory attached to the House. For a just reason,
however, the Ordinary can permit it to be reserved also in an-
other oratory of the same House.
Can. 1207
Sacred places are blessed by the Ordinary, but the blessing of
churches is reserved to the diocesan Bishop; both, may, how-
ever, delegate another priest for the purpose.
Can. 1212
Sacred places lose their dedication or blessing if they have
been in great measure destroyed or of they have been per-
manently made over to secular usage, whether by decree of
the competent Ordinary or simply in fact.
Can. 1223
An oratory means a place which, by permission of the Ordi-
nary, is set aside for divine worship, for the convenience of
some community or group of the faithful who assemble
there, to which, however, other members of the faithful may,
with the consent of the competent Superior, have access.
Can. 1224
§l. The Ordinary is not to give the permission required for
setting up an oratory unless he has first personally or
through another inspected the place destined for the ora-
tory and found it to be becomingly arranged.
§2. Once this permission has been given, the oratory cannot
be converted to a secular usage without the authority of
the same Ordinary.
10.4 Masses
One group of canons gives the rights and duties of Superiors 143
regarding the celebration of Masses, with the obligations de-
riving from the offerings received for these Masses.
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Here are some of the canons concerning the responsibilities
of Provincials: Can. 951, in reference to binated or trinated
Masses; can. 857, in general on the duty of Superiors; can.
958, on registering Mass obligations.
Can. 951
§1. A priest who celebrates a number of Masses on the same
day may apply each Mass for the intention for which an
offering was made, subject however to the rule that, apart
from Christmas Day, he may retain for himself the offer-
ing for only one Mass; the others he is to transmit to pur-
poses prescribed by the Ordinary, while allowing for some
compensation on the ground of an extrinsic title.
§2. A priest who on the same day concelebrates a second
Mass, may not under any title accept an offering for that
Mass.
Concerning can. 951, §1 and the right of the Provincial (Reli-
gious Ordinary) to establish the purposes for binated or tri-
nated Mass offerings, the Rector Major and his Council have
given some clarification, recorded in AGC n. 313, 1985,
p. 28-29.
Can. 957
The duty and the right to see that Mass obligations are fulfilled
belongs, in the case of churches of the secular clergy, to the
local Ordinary. In the case of churches of religious institutes
or societies of apostolic life, to their Superiors.
Can. 958
§1. The parish priest, as well as the rector of a church or oth-
er pious place in which Mass offerings are usually re-
ceived, is to have a special book, in which he is accurate-
ly to record the number, the intention and the offering of
the Masses to be celebrated, and the fact of their celebra-
tion.
§2. The Ordinary is obliged to inspect these books each year,
either personally or through others.
This is one task the Provincial should not forget during his
Provincial visitation.
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10.5 Penal sanctions
10.5.1 Possibility of threatening penal precepts
144
The Provincial, in as far as he is a major Superior, besides
being able to command by virtue of the vow of obedience
(Cons 68), can also, in individual cases where it is necessary,
threaten penalties, according to canon law.
In this regard can. 1319 says in general:
§1. To the extent to which a legislator can impose precepts by
virtue of the power of governance in the external forum,
to that extent can he also by precept threaten a deter-
mined penalty, other than a perpetual expiatory penalty.
It should be observed that penalties are imposed by
means of a “precept”: CIC clarifies what kinds of precepts
can be issued in writing (can. 51) or orally before two
witnesses (can. 55).
§2 of the same can. 1319 warns, nevertheless:
§2. A precept to which a penalty is attached is not to be is-
sued unless the matter has been very carefully consid-
ered, and unless the provisions of cans. 1317-1318 con-
cerning particular laws have been observed.
10.5.2 Different kinds of penal sanctions
145
CIC contemplates different kinds of penalties and other pun-
ishments:
1. Censures are: excommunication (can. 1331), interdict
(can. 1332), suspension (can. 13331334);
2. Expiatory penalties are described by can. 1336. They are:
a. prohibition or injunction against residence, or an or-
der to reside, in a particular place or territory;
b. deprivation of power, office, function, right, privilege,
a faculty, a favour, a title, or insignia even if of a mere-
ly honorary nature;
c. a prohibition on the exercise of those things enumer-
ated in b) or a prohibition on their exercise inside or
outside a certain place: such a prohibition is never un-
der pain of nullity;
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d. a penal transfer to another office;
e. dismissal from the clerical state.
Specifically for Religious, “dismissal” from the Institute is in-
scribed in these expiatory penalties, and threatened by the
Superior for cases contemplated by the Code: for this see
what has been said in nos. 104-111.
3. Penal remedies and penances are kinds of sanctions in-
flicted for correctional purposes by the competent Supe-
riors. In particular there is mention of:
a. warning or correction made by the Ordinary in canon-
ical form (cf. can. 1339): warning and censure must
always be backed up by at least some document kept
in the secret Archive of the Curia (can. 1339, §3).
b. penance, which can be imposed in the external forum
and which consists in the performance of some work
of religion, piety or charity. (cf. can. 1340).
146 10.5.3 Application of penalties
Once it has been ascertained that the extreme conditions ex-
ist for inflicting a penal sanction, and after have tried all oth-
er methods of fraternal correction, the Major Superior must
carefully study the case, on the basis of the prescriptions of
the law, and then see to beginning the necessary procedure.
The following canons are for consideration:
Can. 1341
The Ordinary is to start a judicial or administrative proce-
dure for the imposition or declaration of penalties only when
he perceives that neither by fraternal correction or reproof,
nor by any methods of pastoral care can the scandal be suffi-
ciently repaired, justice restored and the offender reformed.
Can. 1342
§1. Whenever there are just reasons against the use of a judi-
cial procedure, a penalty can be imposed or declared by
means of an extra-judicial decree; in every case penal
remedies and penances can be applied by decree.
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Can. 1348
When the person has been found not guilty of an accusation
or where no penalty has been imposed, the Ordinary may
provide for the person’s welfare or for the common good by
opportune warnings or other solicitous means, and even, if
the case calls for it, by the use of penal remedies.
Can. 1350
§2. If a person is truly in need because he has been dismissed
from the clerical state, the Ordinary is to provide in the
best way possible.
In practical terms for penalties to be imposed see part II of
Book VI of CIC (can. 1364-1399) which deals precisely with
“penalties for individual offences”: recall that in such cases pe-
nal sanctions are simply to be declared (“latae sententiae”), at
other times they are to be inflicted by obligation through reg-
ular procedure, and at other times still to be left to the judg-
ment of the Superior
10.5.4 Recourse against administrative decrees: see cans. 1732-1739.
10.6 Dispensations and permissions
The Provincial can dispense:
147
– from disciplinary laws both universal and particular, given
by the supreme authority of the Church, but only along
the lines of can. 87, §2: “when recourse to the Holy See is
difficult and at the same time there is danger of grave
harm in delay... even if the dispensation is reserved to the
Holy See, provided it is a case of a dispensation that the
Holy See customarily grants in the same circumstances,
and without prejudice to what is said in can. 291” (re-
garding dispensation from celibacy, granted only by the
Roman Pontiff) (see also can. 14);
– from fasting and abstinence, according to the dispositions
of can. 1245, for his own subjects, novices and for others
who live day and night in the Salesian House (the ‘privi-
leges’ granted to the Society 71/2 – allow the exercise of
such faculty also for the FMA and their novices);
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– from reciting the Liturgy of the Hours in urgent cases (re-
garding the obligations of pastoral ministry or charity to-
wards one’s neighbour, not strictly personal reasons) (cf.
“Privileges” 75/1.4).
148
According to our law (Reg 149) and universal law (cf. CIC,
can. 41) the Provincial can suspend the execution of an order
by a superior, when there are such serious and evident con-
trary reasons which lead him to believe that if the competent
Superiors knew of them, they would have acted otherwise. In
such a case, however, he will immediately inform the same
Superiors of everything. If the suspended order regards a
member, this person, while waiting for the response of the
Superiors, will abide by the orders of the Provincial.
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11. ADMINISTRATION OF TEMPORAL GOODS
In this Chapter consideration is given to the norms which the 149
universal law and our own particular law establish for the
administration of temporal goods, with particular reference
to the administration of the provincial community. The Con-
stitutions, referring to this aspect of community life, assert
that the Provincial “directs and controls the administration
of the goods of the Province and of each house” (cf. Con 161);
the meaning of this responsibility, and also over material
goods, can be seen in the Provincial’s Manual.1
In his task of responsibility for the administration of goods
the Provincial is helped by his Council (cf. Con 161, 164), and
in the first place by the Provincial Economer whom our Con-
stitutions want at the side of the Provincial. In this way our
law conforms with the common law which says: “In each in-
stitute, and in each Province ruled by a major superior, there
is to be a financial administrator, distinct from the major su-
perior, and constituted in accordance with the institute’s own
law, to administer the goods under the direction of the re-
spective superior.” (canon 636).
What is said about the Provincial and the Provincial
Economer can also be said at the local level, with the neces-
sary changes. Here the Rector is responsible in the first place
for the administration of the goods of the houses (cf. Con.
176), helped by the local economer (cf. Con. 184). Note that
Canon 636, which is quoted above, says: “Even in local com-
munities a financial administrator, distinct from the local su-
perior, is in so far as possible to be constituted”. Our law adds
that ordinarily the office of economer should not be com-
bined with that of vice-rector (cf. Reg. 182).
1 Cf. L’Ispettore salesiano (The Salesian Provincial) Roma 1987, ch. 12 nos.
439-448.
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After this introduction consideration is given to some special
tasks of the Provincial, assisted by the Provincial Economer
and his Council, in fulfilment of what is prescribed by our
own law.
11.1
150
142
Extraordinary operations
Article 187 of the Constitutions, after having declared the
right of our Society to possess temporal goods (“not to be
held in the name of an individual person, and to be retained
only to the extent that they are directly useful for our works”)
states: “Acquiring and holding real estate with the sole object of
producing income and every other kind of interest-bearing in-
vestment is forbidden, except in the cases referred to in article
188 of the Constitutions.”
Article 188 clearly defines the cases for which it is necessary
to have the authorisation of the Rector Major and of his
Council: it is the guarantee required by the law so that the
economic and financial operations can be directed towards
the mission, fully respecting what the Constitutions say.
The article therefore says:
“The authorisation of the Rector Major with the consent of his
council is needed for:
1. acquiring, alienating, exchanging, mortgaging or renting
real estate;
2. contracting loans with or without mortgage;
3. accepting inheritances, bequests or donations to which
obligations are attached; (when no obligation is attached
it is sufficient merely to notify the Rector Major);
4. establishing annuities, student burses, Mass obligations,
special or charitable foundations;
5. constructing new buildings, demolishing existing ones or
making alterations.
It is necessary to make a change with respect to the preced-
ing Constitution (edition 1972). It treats of something which
the Chapter members of GC22 wanted to add to point 3. They
wanted to distinguish between inheritances, bequests or do-
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obligations of any sort. Whilst for the first type authorisation
is necessary, it is specified that for the second it is sufficient to
give notification of it. Such notification is to be made to the
Rector Major and his Council for each offering received, ex-
plaining what has been received, its relative value and how it
will be used.
Whilst the Constitutions determine that for the transactions 151
of article 188 the authorisation of the Rector Major with his
Council is necessary, they allow the Provincial with his own
Council to act without seeking authorisation when the
amount of money of a transaction is less than a determined
limit. Article 189 defines such autonomy of the Provincial
and establishes that it is up to the Rector Major with the con-
sent of his Council, after having heard the Provincial with
their respective Councils and taking into consideration the
decisions of the Holy See, to determine the limit of the value
within which the Provincials may act. In fact, periodically,
the Rector Major with his Council, keeping in mind changing
situations, sets for every Province the limits of the value un-
der which the Provincial with his own Council can au-
tonomously authorise economic and financial operations.
For all the operations cited above, there is in every case the 152
obligation of the consent of the provincial council. When the
operation interests one of the houses of the Province, the
Provincial Council should first get the opinion of the Local
Council which in turn should reflect the result of an enquiry
made amongst the members of the community itself.
In those cases in which it is necessary to have the authority
of the Rector Major and his Council, the following proce-
dure is to be followed:
– The Provincial sends the Rector Major (if necessary
through the Economer General) the Minutes of the
Provincial Council and also, when the matter concerns
one of the houses, the Minutes of the Local Council. The
Minutes should give all the information needed to form a
complete idea of the transaction (purpose, size, finance
needed, ways of obtaining the finance) and judgments,
problems, possible doubts of Councillors, voting.
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– The Provincial will add a report with complete documen-
tation, so that it is possible to express an opinion in full
knowledge and assume responsibility for the decision;
the Provincial will guarantee that all of this has been
done, even if the work has been done by the Economer.
In the following paragraphs some of the so-called “extraordi-
nary” operations which are listed in article 188 of the Consti-
tutions will be examined.
11.2
153
Purchase of immovable goods
This is an operation which must not be done purely for fi-
nancial gain: in our communities there is to be no buying
solely to sell later at a profit. The aim is to be able to enlarge
the facilities of the existing work or to add to it (eg. a holiday
camp site, a gymnasium, a sports field or a playground) al-
ways after having worked out the need for it and having pre-
sented the financial viability.
Defining the aim of the work is very important, especially if
it is a matter of a new work; and not only in general but also
to establish the priorities in the pastoral work of the Province
and hence the position it takes in the mission. For this the
purpose of the work must be well specified. A plan is to be
enclosed and also explanation of the site, the importance of
the work, possible buildings and the size of the real estate it
is intended to acquire. Finally, the authority or the house
which is going to purchase it is to be indicated, as well as the
amount it will cost, how it will be paid for and by whom it
will be paid.
11.3
154
144
Alienation of immovable goods to which obligations are
attached or gratuitously (sale or donation)
This regards property which comes to us in different ways, is
not destined for our works or which has ceased to be utilized
in our works. It is certainly advisable to sell them or give
them away if there are reasons to recommend this act of gen-
erosity.

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When it is a matter of property to be sold, the same principle
of poverty which makes us sell also leads us not to undersell
or sell cheaply.
Hence the opportune times and ways of selling at the best
possible price are to be selected.
To obtain the “Nulla Osta” (authorisation) to sell or give away
property the procedure which is mentioned in 152 should
generally be followed.
Note that for the sale of property of a house which is being
closed it is necessary to request authorisation in advance for
the closure of the house (cf. no 127), after having advised the
Bishop of the diocese in which the work is located.
In every case, in asking the Rector Major for permission to
sell, the amount (at least the estimated amount) that will be
obtained is to be specified, and the use to which the money
will be put is to be clearly indicated. If it is a matter of very
great sums of money, their use is subject to the approval of
the competent superior.
• For the disposal of real estate, for which the Nulla Osta
(authorisation) of the Apostolic See is required (When the
limits of the value established by the competent Vatican
Department are exceeded) it is necessary to include with
the file: 1) an accurate technical report on the value of
the property; 2) the approval for the disposal on the part
of the diocesan bishop. This documentation has been re-
quested by requirement of the Holy See in the defence of
ecclesiastical goods.
11.4 Loans and borrowings
Contracting loans or securing a bank loan are operations 155
which are necessary at times and even advisable, but they
should be made with due precautions, with the practical un-
derstanding of the economic viability of the Province or
House, and with the understanding of the lending authority.
It is necessary also to take into account the future prospects
with regard to the full payment of the loan or the progressive
amortisation of the borrowed amount.
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It cannot ever be stressed enough that these operations are
not to be entered into in a haphazard fashion with a vague
and uncertain outlook for the future, often with illusory ex-
pectation of uncertain income (collections, hopes for subsi-
dies, offerings). There is the risk of placing a house, a
Province, in serious difficulty and making life burdensome
for those who will come afterwards.
The authorisation to contract loans lies within the compe-
tence of the Congregation for Institutes of Consecrated Life
when the amount of the loan exceeds a certain limit, which
today is determined by the Episcopal Conference of each
country.
When instead the loan does not exceed the aforementioned
limit the “Nulla Osta” (authorisation) given by the Rector
Major with the consent of his Council is sufficient.
But even in the first case it is always the Rector Major with
his Council, by norm of Constitution 118, who authorises the
operation and then forwards the application to the pontifical
Congregation.
For the purposes of authorisation there is no difference be-
tween mortgage, loan or a bank bill. In each case the Nulla
Osta is needed to proceed.
The procedure to follow to obtain authorisation has already
been given above (cf. no. 152). The specific terms of the loan
are to be pointed out (duration, rate of interest, terms of re-
payment or redemption), the guarantees (possible mortgages)
and the concrete and secure means required by the bank to
ensure restitution. For all of this it is best to get the advice of
experts.
The Provincial, whilst leaving the work and details to the
Economer, will take care to see that everything is clear and
taken into account at the time a decision is made in the
Provincial Council.
11.5
156
146
Acceptance of inheritances, bequests or donations
Conditional bequests in a will are also included in this cate-
gory. When treating of increase of assets by canonical bodies
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But within the Congregation for the acceptance of inheri-
tances, bequests or donations, the Constitutions require ei-
ther the authorisation of the Provincial with his Council or of
the Rector Major with his Council, depending on their re-
spective jurisdiction (cf. Con. 188-189).
a. When obligations are attached to these operations, the
permission of the Rector Major and his Council is re-
quired for their acceptance especially when the obliga-
tion entails the foundation of an institution.
In these cases it is certainly not a matter of taking into ac-
count the showiness of the patrimony which is being do-
nated. It is necessary instead to check whether the foun-
dation fits in with our aims, responds to the needs of the
locality, can be realised with the means donated, can be
sustained, and above all in regard to the availability of
personnel, can be conducted with apostolic effectiveness.
If some property is given only for charity it will be put up
for sale as soon as possible, according to the rules of
sound administration. In such a case the matter is for-
warded to the Rector Major and the General Council with
the request for a “Nulla Osta” to accept and sell.
b. With regard to inheritances, bequests and donations, ac-
cepted without obligations, it is sufficient to notify the
Rector Major and his Council (cf. Con. 188,3).
11.6 Demolition of existing buildings, construction of new
ones, important alterations in a house
The following steps are needed for requesting authorisation 157
for these operations, within the meaning of Constitution 188:
1. Prepare the projects, drafted by competent professionals
who have good knowledge of our needs. Avoid ostenta-
tious, superfluous and luxurious presentation. Keep
everything simple and moderate in line with the canons
of modern architecture and the spirit of poverty. Pay par-
ticular attention to functionality (cf. Con. 77). The mate-
rials and type of construction should guarantee long-last-
ing security. This is the best way of being consistent in
the principle of saving.
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2. Calculate the area of the project and compile a budget.
3. Study the plan for financing the project, based on practical
and certain elements.
4. Then examine it all in the respective Councils (Local
Council and Provincial Council) and send the proposal ac-
companied by the documentation mentioned above and
the Minutes of the Provincial Council (and also those of
the Local Council if the project concerns a house) to the
Rector Major and his Council.
It should be noted that, when it concerns a new institu-
tion, the authorisation to build does not, in itself, corre-
spond with the opening of the institution; it is necessary
to specify in the application whether it is a matter of be-
ginning a building in view of a future institution or
whether, along with the building, an application is being
made to open a new house, in accordance with Constitu-
tion 132, 1.2.
5. The work always proceeds under the control and direc-
tives of the Provincial, represented by the economer. Dur-
ing the work, at various stages, let a check be made of the
progress, of the balance sheet and budget, so as to keep the
situation under control. If at a certain point, contrary to
the planning, the money runs out, let the work be stopped
until the difficulties can be remedied.
11.7
158
148
Life annuities, scholarships, Mass obligations or particu-
lar foundations and charitable bodies
It is no longer possible to accept obligations for Masses in
perpetuity, but only for a given length of time, also for a rea-
sonable period of time (cf. Canon 1303 §1.2).
The relative interest-bearing capital should always be
kept for the whole length of time for the celebration of the
Masses.
For the other undertakings mentioned above (life annuities,
scholarships, foundations and charitable bodies), one should
proceed with caution, examining them in the respective
Councils, local and provincial, and also seeking the advice of
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The procedure to be followed for an application for permis-
sion to the Rector Major is that already indicated, in general,
in no. 152.
11.8 Other Requirements according to the Regulations
Here are some other things that need to be done and that in-
volve the particular responsibility of the Provincial and his
Council.
11.8.1 The annual Rendiconto (financial report)
Canon 636 of the CIC authorises the need of a periodic con- 159
trol of the administration, which is carried out principally by
the presentation of the administrative report (rendiconto).
The Code says: “At the time and in the manner determined in
the institute’s own law, the financial administrator and others
with financial responsibilities are to render an account of
their administration to the competent authority.” (Can 636
§2). Our particular law determines the times and the manner
in which the economers, at different levels, must present
their reports.
a. At Provincial level:
– Article 196 of the General Regulations prescribes: “ The
provincial economer should be solicitous in keeping
the provincial and his council periodically informed
about his administration, and in drawing up the annu-
al financial budget and balance sheet which they have
to approve.” Article 156, 10 of the Regulations express-
ly says that for the approval of the above-mentioned fi-
nancial budget and balance sheet the consent of the
Provincial Council is necessary.
– Article 196 of the Regulations also states that every
year a copy of the provincial balance sheet (rendiconto),
signed by the Provincial and his Council, will be sent to
the Economer General.
For uniformity the provincial balance sheet is to be
filled in on the appropriate electronic sheets sent out
by the Economer General (in different languages).
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b. At local level:
– Article 202 of the General Regulations prescribes: “The
economer will keep himself always ready to give an ac-
count of his management to the rector and his council.
He will send a report of his administration to the provin-
cial and provincial economer annually and whenever he
is asked to do so.”
– Article 194 of the Regulations also indicates the proce-
dure for these annual financial reports: “The economer
will have an understanding with the provincial con-
cerning ... 4. the prompt submission of the annual fi-
nancial report and other periodic reports on forms
supplied by him;
– It may be timely to recall here two articles of the Reg-
ulations which clarify the obligation of information of
the community on economic and administrative as-
pects:
• Reg. 202: “As opportunity offers, and especially
when the programme for the year’s work and the
economic situation are being discussed he (the
economer) will interest the entire community in the
ordinary and extraordinary expenditure involved in
the running of the house.”
• Reg. 184: “With regard to the community the princi-
pal tasks and duties of the assembly of the confreres
are: ... 5. to be informed and reflect on the financial
situation in view also of community poverty.”
11.8.2 Annual Contribution of the Houses to the Province
160
The Provincial with the consent of his Council will decide on
the suitable contribution (quota) which every house must
give for the needs of the Province (cf. Reg. 197). The Provin-
cial will fix it on the basis of the needs of the Province, and
taking stock of his knowledge of the economic situation of
each house.
It is part of the animation of the Province to convince the lo-
cal communities of this obligation to contribute to the con-
struction of the provincial community (vocations, formation,
animation ...).
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The payment of the contribution must be faithfully taken
care of for the sake of solidarity. It is all right if it is paid in
instalments so as to avoid the danger of insolvency, and it is
treated as a “privileged debt”.
When a house is given permission to carry out some work or
to make extraordinary purchases this must never be to the
detriment of the annual contribution (quota) (there can be
other ways of meeting this obligation.)
11.8.3 Use of excess money
The Provincial will withdraw from the houses money which 161
is available and helps, from provincial funds, those houses
which are in dire need or have to meet great expenses which
have been duly authorised (cf. Reg. 197); see “Guidelines and
Policies” in AGC no. 367, p. 48.
By programming with the participation and cooperation of
confreres responsible it is possible to arrive at a certain fi-
nancial agreement with a minimum of difficulty.
11.8.4 Requirements foreseen by article 190 of the Regulations
Article 190 of the Regulations is of great importance for good 162
provincial economic management; it touches on the respon-
sibility of the Provincial Chapter and also of the Provincial
with his Council.
The Provincial must see to it that the Provincial Chapter pro-
vides for all the prescribed requirements which are referred
to here:
“To Provincial Chapters is left the formulation of detailed
norms for administration at provincial and local levels. In
particular they will give directives concerning:
1. the keeping of official records, administrative archives for
official documents, agreements and covenants, wills, reg-
isters, files of obligation, inventories, etc.;
2. property registration, the safe custody or articles of value
and of important documents;
3. legacies for religious purposes and charitable bursaries;
4. the keeping of accounts and centralisation of administra-
tion where there are different groups involved in a single
work;
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5. financial arrangements between parish and house in con-
formity with canon law and the Constitutions;
6. every other norm which local experience may suggest.
The Provincial Chapter may delegate this task to the provincial
with his council.”
For the responsibility of the Provincial Chapters on the eco-
nomic part of the Provincial Directory see AGC no. 382, pp.
42-49.
11.9
163
Economic Relationships between the Salesian House
and the Salesian Parish2
In Chapter 8, treating of the acceptance of a parish by the
Salesians (cf. no. 126), it is stated that an agreement must be
drafted between the Salesian Society represented by the
Provincial (in the name of the Rector Major) and the Ordi-
nary of the place. The Code of Canon Law says explicitly that
this agreement (cf. can. 681 §2) must also cover financial
arrangements. With reference to this norm the financial
arrangements which must be defined in the agreement concern
the following points:
– description of the boundaries;
– the actual financial situation (if there are previous debts
or other financial obligations);
– the extent of the building complex (with plan attached);
what premises are to be given to the use of the parish;
– inventory of movable and irremovable goods (stating the
ownership);
– obligations and rights of the parish priest and of his col-
laborators; forms of remuneration;
– parochial administration: jurisdiction, in particular ordi-
nary and extraordinary maintenance;
– possible extraordinary work in the church or in the prem-
ises of the parish.
Note that the inventory of goods is demanded by canon
1283,2 of the Code of Canon Law which says: “let a clear and
152
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accurate inventory be drawn up of all immovable goods, of
all those moveable goods which are precious or of a high
cultural value and of all the other goods, with a description
and an estimate of their value ...”, and the canon adds:
“when this has been compiled, it is to be certified as cor-
rect”. Our Regulations also ask for it: “ there must be a clear
distinction, with appropriate registers and documentation,
between what belongs to the parish “qua talis” and to the
Congregation (Reg. 30)”. Canon 1283,3 adds: “one copy of
this inventory is to be kept in the administration office and
another in the curial archive”. It is appropriate that a third
copy be kept in the archive of the religious house (or with
the provincial economer). Updates must always be noted on
all the copies.
With regard to the property attached to the parish, the fol-
lowing points are important:
a. With regard to the immovable goods of the property of the
Salesian Society (of the religious house):
The administration of those goods meant for the use of
the parish, but belonging to the religious house, is a mat-
ter for the religious house, and hence it is necessary to re-
quest permissions of and give an account of them to the
competent Superior (through the local economer). It is
clear, however, that the community has the right to re-
quest help from the parishioners for the restoration or
the embellishment of the church and of the premises put
at the use of the parish; but the control of the offerings
and expenses is a matter for the Salesian Superior who
obviously will act through the confrere who is the parish
priest.
b. With regard to the immovable goods of the property of the
Curia (or the parochial Body): the Ordinary of the place has
jurisdiction over their administration, which is a matter
for the parish priest who requests necessary permissions
from and is accountable to the Ordinary of the place.
Bear in mind in this matter that the Religious Superior
has, before his community, responsibility regarding ob-
servance of the laws of the Church, be they the universal
laws or the particular laws, as also the directives of the
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Bishop. He must therefore keep his eyes open so that the
administration of ecclesiastical goods entrusted to the re-
ligious be carried out in observance of the laws and their
spirit (cf. canon 678 §2).
c. The following principles are to be kept in mind in the ad-
ministrative management of the parish:
– the administration of the parish “qua talis” depends on
the parish priest, nominated by the Bishop upon pres-
entation by the Provincial (cf. can. 532; cf. also Reg.
27).
– the parish priest is helped in the administration of the
property of the parish by a “Finance Committee” which
must be set up according to the norm of 537 of the
Code of Canon Law. Note that this Committee is a con-
sultative one, it being understood that the responsibil-
ity of the parish priest (who presides over it) is estab-
lished by canon 532.
The principle having been established that the administra-
tion of the parish comes under the jurisdiction of the parish
priest, it is necessary to consider his relationship with the
Salesian Religious Community which animates the parish
(whether the Salesian Community is the same community
that is entrusted with the parish or whether the Salesian
Community also has other works besides the parish). As a
general criterion (except for what was said above about im-
movable goods) it is necessary to make a clear distinction be-
tween the administration and the accounting of the parish and
that of the religious house “qua talis”’ There must therefore be
different book-keeping.
– One point to consider is that relative to the income due to
the community and that due to the parish. In various dio-
ceses there are rules which determine what belongs to the
parish priest and his assistants and what belongs to the
church and the parish. In our case the principal criteria
are these:
• The personal incomes of the parish priest and of his as-
sistants are the concern of the Salesian Community (by
virtue of article 76 of the Constitutions); so also are
stipends, diocesan salaries, pensions and Mass offer-
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ings. This revenue therefore goes to the funds of the re-
ligious community.
• The so-called “stole fees”, by virtue of canon 531, be-
long to the parish. As also voluntary offerings given to
the parish unless there is a clear contrary intention on
the donor’s part. However, on this point diocesan
norms, which provide for special cases, should be fol-
lowed.
Aware of the difficulties in relationships between the reli-
gious community and the parochial community, especially in
the economic field, article 190,5 of the Regulations asks
Provincial Chapters to formulate detailed norms for such re-
lationships.
Finally, what article 198 of the General Regulations says must
be remembered: “Even confreres in charge of works which
by statute or agreement have a separate administrative coun-
cil, must render an account of their administration to the re-
ligious superiors.” It is a principle of religious life which does
not contrast with the autonomy which ecclesiastical (or civ-
il) laws give to administrators.
This duty of rendering an account is confirmed by what
canon 678 §2 says: “In the exercise of an apostolate towards
persons outside the institute, religious are also subject to
their own Superiors and must remain faithful to the disci-
pline of the institute.” It is clear that his economic manage-
ment cannot be excluded from the “external apostolate” of
the parish priest; he in fact is the person responsible for it
(cf. Can. 532).
The duty of “rendering an account” must not on the other
hand be reduced simply to information. Although not requir-
ing approval, it is necessary that the parish priest places be-
fore the Religious Superior (Rector, Provincial) the various
economic problems, in particular the financial budgets and
balance sheets, asking them for a prior opinion and approval,
which helps to take into consideration the needs of the Sale-
sian “charism” of the community which animates the parish.
Both the parish priest and the religious superior must pro-
ceed with prudence and moderation with full respect for the
rights of the bishop and also with attention to the expertise of
the “Finance Committee” of the parish.
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11.10 Canonical norms regarding inheritances, legacies, dona-
tions and “other pious dispositions”
164
156
It is useful to speak here of the norms of Canon Law which
concern the responsibilities of “Ordinaries” with regard to in-
heritances, legacies, donations or in general of “pious dispo-
sitions” of the faithful with regard to ecclesiastical institu-
tions (diocesan or religious).
Canon 1301
§1. The Ordinary is the executor of all pious dispositions
whether made mortis causa or inter vivos (because of
death or among the living).
§2. By this right the Ordinary can and must ensure, even by
making a visitation, that pious dispositions are fulfilled.
Other executors are to render him an account when they
have finished their task.
§3. Any clause contrary to this right of the Ordinary which is
added to a last will, is to be regarded as non-existent.
Canon 1302
§1. Anyone who receives goods in trust for pious causes,
whether by an act inter vivos (among the living) or by last
will, must inform the Ordinary about the trust, as well as
about the goods in question, both movable and immov-
able, and about any obligations attached to them. If the
donor has expressly and totally forbidden this, the trust is
not to be accepted.
§2. The Ordinary must demand that goods left in trust be
safely preserved and, in accordance with can. 1301, he
must ensure that the pious disposition is executed.
§3. When goods given in trust to a member of a religious in-
stitute or society of apostolic life, are destined for a par-
ticular place or diocese or their inhabitants, or for pious
causes, the Ordinary mentioned in §§ 1 and 2 is the local
ordinary. Otherwise he is the Major Superior of the cleri-
cal institute of pontifical right.
Canon 1303 shows what the “pious foundations” are, and al-
so their kind (autonomous and non-autonomous). Of interest
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foundation (obviously for us we add the norms of Constitu-
tion 188 to what is stated by the Code of Canon Law).
Canon 1304
§1. For the valid acceptance of a pious foundation by a ju-
ridical person, the written permission of the Ordinary is
required. He is not to give this permission until he has
lawfully established that the juridical person can satisfy
not only the new obligations to be undertaken, but also
any already undertaken. The Ordinary is to take special
care that the revenue fully corresponds to the obligations
laid down, taking into account the customs of the region
or place.
§2. Other conditions for the establishment or acceptance of a
pious foundation are to be determined by particular law.
Among the various norms given by the Code of Canon Law in
Canons 1305 and following, regarding the commitments and
obligations of pious dispositions and foundations, it is advis-
able to mention some faculties regarding Mass obligations.
Canon 1308
§1. The reduction of Mass obligations, for a just and neces-
sary reason, is reserved to the Apostolic See, without
prejudice to the dispositions which follow.
§2. If this is expressly provided for in the document of foun-
dation, the Ordinary may reduce Mass obligations on the
ground of reduced income.
§3. In the cases of Masses given in legacies or in foundations
of any kind, which are solely for the purposes of Masses,
the diocesan Bishop has the power, because of the
diminution of income and for as long as this persists, to
reduce the obligations to the level of the offering lawfully
current in the diocese. He may do this, however, only if
there is no one who has an obligation to increase the of-
fering and can actually be made to do so.
§4. The diocesan Bishop has the power to reduce the obliga-
tions or legacies of Masses which bind an ecclesiastical
institute, if the revenue has become insufficient to
achieve in a fitting manner the proper purpose of the in-
stitute.
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§5. The supreme Moderator of a clerical religious institute of
pontifical right has the powers given in §§ 3 and 4.
Canon 1309
When a fitting reason exists the authorities mentioned in
canon 1308 have the power to transfer Mass obligations to
days, churches or altars others than those determined in the
foundation.
See also canon 1310 specifically with regard to the pious dis-
positions of the faithful in favour of pious causes.
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12. COMMUNICATION BETWEEN PROVINCIAL
SECRETARIAT AND GENERAL SECRETARIAT
12.1 The need for communication. Relationships of Provincial
with Rector Major and his Council.
For a valid and effective service to the Provinces as well as to 165
the whole body of the Congregation it is indispensable that
opportune and clear communications be established between
each Province and the Generalate.
It is obvious that in the first place consideration must be giv-
en to relationships and exchange of information between the
Provincial and the Rector Major and between the Provincial
(and provincial bodies) and the Councillors of the Depart-
ments at the Centre. It is a question of both personal corre-
spondence as well as information on the running of the
Province, the examination of problems and projects in the
various sectors of animation, communication of important
happenings, etc.
In particular, regarding official communications of the Provin-
cial to the Rector Major, our particular law speaks of numer-
ous opportunities in the Province such as the approval of the
Provincial Directory and of the Deliberations of the Provin-
cial Chapter (Con. 170-171), the opening and closing of hous-
es, and modifying the scope of existing works (Con. 165,5),
taking on special activities (for example, the acceptance of a
parish (Reg. 25), economic and administrative practices (Con.
188), nomination of Provincial Councillors (Con. 167) and of
Rectors (Con. 177), and questions relating to different confr-
eres. All of these, besides carrying out the duties of provincial
government, are privileged means of dialogue between the
Provincial and the Rector Major and his Council.
In dealing with communication between the Provincial and
Councillors of the central Departments we can refer to some
things taken from our Rule:
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– With the Councillor for Formation: bearing in mind the re-
sponsibilities which the Constitutions give him for for-
mation in all its phases and for formative structures
(Con. 135), it is clear that dialogue with him will be nec-
essary for everything done in the field of formation. Par-
ticular emphasis is laid on the periodic checking, at
provincial level, of the part on formation in the Directory.
The Provincial will keep the Councillor General for For-
mation informed in these matters (cf. FDSB, 23).
– With the Councillor for Youth Ministry: the formulation
and revision of the provincial educative and pastoral plan
is a special opportunity for dialogue (cf. Con. 136; Reg 4).
– With the Vicar of the Rector Major, with regard to the Sale-
sian Family: It is necessary to bear in mind what article
134 of the Constitutions says: “In accordance with article
5 of the Constitutions he promotes communion between
the various groups, respecting their specific character
and autonomy. In addition he guides and assists the
Provinces so that they may develop in their own territo-
ries, according to their respective statutes, the Associa-
tion of Salesian Cooperators and the movement of the
Past Pupils.” It is clear that in this sector there will be
many times in which contact will be made between the
provincial bodies and the Vicar of the Rector Major.
– With the Councillor for Social Communication: the rela-
tionship of the provincial and the provincial communica-
tion team is governed by the tasks which article 137 gives
to the Councillor in this Department: “He promotes sale-
sian activity in the social communication sector, and in
particular coordinates at world level the structures and
centres for which the Congregation has responsibility in
this field”, as well as the tasks which the Regulations ask
of the Provincials with regard to communication (cf. Reg.
31-33).
– With the Councillor for the Missions: the Provincial will
maintain all contacts necessary for missionary animation
as well as for the running of the missions confided to the
province and for the preparation of missionaries (cf. Con.
138).
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There should be frequent communication between the 166
Provincial and the Regional Councillor. The latter, in fact, in
accordance with the Constitutions, looks after the interests
of the Provinces entrusted to him and he maintains direct li-
aison between the General Council and the Province (cf. Con.
140). The Provincial therefore will maintain constant contact
with the Regional Councillor, examining together with him
the problems of the province and submitting to him the so-
lutions which he intends to adopt, keeping however the full
autonomy for decisions established by our own particular
law (cf. Reg. 137).
It will be useful in particular if the Provincial seeks the opin-
ion of the Regional and includes that in all the business mat-
ters he sends to the Rector Major (approval of nominations,
opening or closing of houses, new activities, extraordinary
economic operations, etc. ...). When the Regionals are in
Rome (during plenary sessions) business matters can be sent
direct to the Regional who in turn will see that they are pre-
sented to the Rector Major.
A privileged time for communication of the Province with the
Rector Major and his Council is that of the Extraordinary Vis-
itation which the Rector Major arranges for every Province
every six years (cf. Reg. 104). The Extraordinary Visitation is
made in the name of and with the authority conferred by the
Rector Major. It is ordinarily entrusted to the Regional Coun-
cillor, but the Rector Major can also entrust it to another Vis-
itor of his choice.
Because of the nature of this Visitation it should be well pre-
pared for by the Provincial with his Council so that the
provincial community can gain from it the results they are
looking for. During the Visitation the Provincial retains his
ordinary power of government, but such powers are subject-
ed to the extraordinary powers given by the Rector Major to
the Visitor.
12.2 The Service of the General Secretariat
We now turn, in a special way, to a form of communication 167
which can be defined as “institutional” and which concerns
the transmission of data and information between the Provin-
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cial Secretary and the General Secretariat. This is a valuable
service useful to carry out what the Constitutions and Regu-
lations (and Canon Law itself) require for the validity of cer-
tain procedures, to contribute to a complete knowledge of
the Congregation (the statistics are required for this) and to
preserve the history of events and of people.
The service of the General Secretariat to the Provinces is car-
ried out above all by the sending out of documentation and
by replies to enquiries coming from the Provinces them-
selves. Some of the forms of communication which the Gen-
eral Secretariat must conduct with the Provinces can easily
be listed:
a. Sending out the official Acts of the General Council (cf.
Reg. 110) and other documents of the Rector Major and
his Council of universal value;
b. Sending out decrees regarding nominations (Provincials,
Provincial Councillors, Rectors, Directors of Novices) and
other matters of a juridical nature (in liaison with the
Procurator General);
c. Communication of news of particular interest for the
Congregation;
d. It is also the task of the General Secretariat to request
from the Provinces data concerning confreres and our
works and everything which is useful for the Central
Archives of the Congregation.
12.3 The service of the Provincial Secretariat
Throughout this Manual there is mention of the many tasks
of the Provincial Secretariat which help the Provincial and
his Council in the exact fulfilment of much of their business.
Here in synthesis is a presentation of the main documenta-
tion which on different occasions Provincial Secretaries have
to send to the General Secretariat; it represents a profitable
source of information for the whole Congregation (as well as
for the Province).
There are three levels of communication:
• for each confrere;
• for individual communities;
• for the whole of the Province.
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12.3.1 Documentation for each confrere
Here is a list of the basic documents which, on different oc- 168
casions, must be sent to the General Secretariate for each
confrere:
a. Admission to the novitiate;
b. Proposal for admission to first profession and form con-
firming that the profession has taken place;
c. Form confirming each renewal of temporal profession;
d. Proposal of admission to perpetual profession and form
confirming that the profession has taken place;
e. Forms confirming the conferring of Ministries of Reader
and Acolyte;
f. Proposal for admission to the Diaconate and form con-
firming the ordination;
g. Proposal for admission to the Priesthood and form con-
firming the ordination;
h. Communication that a novice has left;
i. Communication that a temporary professed member has
left “at the expiry of vows”;
l. Communication of the death of a confrere;
m. Mortuary letter of a confrere.
Apart from these there are documents regarding appoint-
ments or other juridical business, as seen in preceding pages.
With reference to information relative to the DEATH OF A CON- 169
FRERE there are two things to be done:
1. On the death of a confrere a communication should be sent
to the General Secretariat as soon as possible giving the
place and date of death and other relevant information (cf.
Form NOTIFICATION OF THE DEATH OF A CONFRERE: APPENDIX
A-4). This communication is important not only so that it
can be sent as soon as possible to the Provinces of the Con-
gregation (by means of the Acts of the General Council)
but above all so that the confrere can be remembered in
fraternal suffrages. Should it be desired that some news of
the deceased confrere be reported in the Salesian Bulletin,
– Italian edition – a very brief summary of his life should
be sent to the Director of the Salesian Bulletin – via della
Pisana 1111 – 00163 ROMA, ITALY.
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2. THE MORTUARY LETTER is a duty prescribed by article 177
of the General Regulations: “On the death of a confrere
the Rector is to write his obituary letter without delay.”
This is also a gesture of brotherly friendship and grati-
tude.
The same article of the Regulations requests (the Secre-
tary):
• to send some copies (four or five) to the General Secre-
tariat so that (after the Superiors have been made
aware of them) they can be kept in the Central
Archives;
• to send some copies, apart from those to all the com-
munities of the Province, to Provinces and Communi-
ties of the Congregation where the confrere is known
(above all in the Provincial Conference or in the Re-
gion);
• above all, to send the letter to formation communities
where the knowledge of the life and work of the con-
frere can be a great help in the growth of young Sale-
sians.
All these things are to be attended to in good time in the Provin-
cial Secretariat.
It should also be borne in mind that copies of publications of
confreres should always be sent to the General Secretariat
(for the Central Library).
12.3.2
170
Documentation for each community
The following documentation concerning every community
of the Province is to be sent to the General Secretariat:
a. Every six years a synthesis of the chronicle of each house
which gives the principal events and the more important
steps in the growth of the house; since it is not possible to
have the complete chronicle of each house in the Central
Archives, this is one way of contributing to preserving the
history of the houses;
b. Communication of the more important and significant
events of the houses, when they happen, especially if they
are of some ecclesial or civil importance;
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This information, apart from going to the General Secre-
tariat, can also be sent to the Italian Salesian Bulletin if
there is the wish to have it included in the Bulletin.
c. It will be good if news from the chronicle is accompanied
by photographic documentation. These photos should
have written on the back of them: 1) the name of the
place where the photograph was taken; 2) the date on
which it was taken; 3) the event to which it refers; 4) the
names of the (principal) people in it.
12.3.3 Documentation for each Province
There are three times in the year when the Provinces are
asked to send documentation to the General Secretariate for
the use of the whole Congregation. They are:
a. Copy for the ANNUARIO (Year Book) of the Society;
b. Statistics (FLASH) at the end of the year;
c. Statistics of activities and works.
A. ANNUARIO of the Society
The ANNUARIO (general list of confreres and houses) of the So- 171
ciety is an invaluable help in knowing individual Provinces,
houses and confreres of the whole Congregation: it is a tradi-
tion of ours going back to Don Bosco and it is still very use-
ful. Its usefulness is obviously tied to the timing and accura-
cy of the data, and this depends greatly on the speed and ac-
curacy of the information coming from the Provinces.
The data requested for the updating of the Annuario espe-
cially concerns the transfer of confreres from one house to
another or from one Province to another, and furthermore
the roles of the confreres in the communities. With this in
mind the decision has been taken to publish in the catalogue
the main roles resulting from our own particular law: rector,
economer, councillor (local or provincial), parish priest, head
master of a school, one in charge of the oratory, rector of a
public church, delegate of cooperators, delegate of past
pupils, “incaricato” (one in charge of) a community not
canonically erected.
Furthermore to make it more useful the Annuario has been
divided into two volumes (corresponding roughly to the two
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172
166
hemispheres, with a few exceptions) and the final dates for
sending copy are:
– for Volume 1: 15 September;
– for Volume 2: 15 February.
B. STATISTICS (“FLASH”) OF PERSONNEL AT THE END OF THE YEAR
(31 December)
This statistical picture of personnel of the Province (Sale-
sians and novices) presents the exact situation of the
Province at a common date (31 December) for all Provinces:
it is a fixed point for annual comparisons and is the basis of
the statistics of the Congregation which are sent to the Holy
See (which in fact asks for the data as at 31 December). A
copy of the FLASH form can be found in the Appendix (cf.
appendix A-15). It is very important, for an exact evaluation
in the Congregation to bear in mind above all the rules for
calculating the confreres in “FLASH”. Herewith are the rules
given in ASC no. 284,7 (documents, first part):
a. IN THE FLASH OF THE PROVINCE THE CONFRERES TO BE
COUNTED ARE THOSE WHO:
1. are part of the province from the time of their first pro-
fession;
2. have become part of it by definitive transfer decreed in
writing by the Rector Major;
3. have temporarily come to the help of the Province sub-
sequent to an agreement between the Provincials con-
cerned (temporary transfer);
4. temporarily reside in another Province for reasons of
study or health (or for some work specifically on be-
half of the Province of origin);
5. live outside the religious house, having obtained the
permission ”absentia a domo” (absence from home) or
an Indult of exclaustration or secularisation “ad exper-
imentum”,1 or also living outside irregularly (without
the required permission);
1 It should be borne in mind that the confrere with secularisation “praevio
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6. have an application for a dispensation from vows, or
for secularisation, or for a dispensation from celibacy
under consideration, and the matter has not reached a
conclusion.
b. CONFRERES ARE NOT TO BE COUNTED IN THE FLASH OF A
PROVINCE WHO;
1. have been transferred to another Province as Provin-
cials, Rectors, Directors of Novices, etc. for the whole
time of their mandate (they will be counted in the
Province where they are working, cf.a.3);
2. have been temporarily sent (by agreement of the two
Provincials), into another Province or Vice-Province to
give help in such Province, (these too will be counted
in the Province where they are working, cf. a.3);
3. have obtained a rescript of secularisation “pure et sim-
pliciter” (with the “decree of incardination”) and also
those secularised “ad experimentum” at the end of their
trial (or when the bishop has issued the decree of in-
cardination);
4. have obtained some form of Indult for leaving: dispen-
sation from vows (accepted), dispensation from dia-
conate, dispensation from priestly celibacy, or have
been dismissed;
5. have been made bishops, and also when they have re-
signed from the position and have decided to reside in
a Salesian house.
C. STATISTICS OF WORKS AND ACTIVITIES
173
Every six years (in preparation for the General Chapter)
Provincial Secretariats are asked to provide statistics of
works and activities which are being undertaken in the
Province.
Besides sending the data regarding persons and works, other 174
occasions of communication with the Centre of the Congre-
gation by Provincial Secretariats are:
1. Sending Provincial Newsletters (or Provincial Informa-
tion Bulletins) with periodic news of the Provincial Com-
munity; apart from sending these to the Superiors con-
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cerned (Rector Major, Regional Councillor, and if neces-
sary other General Councillors) these documents are al-
so to be sent to the General Secretariat and to ANS
(Press Office).2
2. Sending information (with photographs also if possible)
about the more important provincial events so that they
can be kept in the Central Archives for the history of the
Congregation. This is a valuable service for the Salesians
who will come after us and who will want to know what
their predecessors have done and the spirit which ani-
mated them.
12.4
175
Relationships with the Apostolic See
When there is business to negotiate with the Apostolic See,
through the various Congregations of the Roman Curia, what
article 109 of the General Regulations says should be borne in
mind: “To ensure a more regular discharge of business with
the Holy See it is desirable that this be done through the Rec-
tor Major.”
In fact, the law itself requires business addressed to the Holy
See to pass through the Rector Major and his Council: for ex-
ample, all the business relative to Indults or Dispensations or
that concerning authorisations or permissions in the eco-
nomic-administrative field, which requires the prior consent
of the General Council. But even in those cases where the
universal law does not require it, our own particular law re-
quests that the normal path for forwarding business to the
Holy See pass through the Rector Major.
With regard to the manner of forwarding business to the
Apostolic See, article 145 of the Constitutions says: “The task
of dealing with the Apostolic See is ordinarily entrusted to a
procurator general, who is appointed by the Rector Major
with the consent of his Council and remains in office ad nu-
tum.” The Procurator General is therefore the person the
168
2 The Newsletters can be sent in the one package to the General Secretari-
at; on each copy there should be some indication as to the person or office
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Rector Major normally calls upon for business dealings and
contacts with the Apostolic See.
With regard to business of a juridical nature, the Secretary
General and the Procurator are helped by a juridical office (of
which the Procurator is a member) which has the task of ex-
amining business matters from the juridical point of view,
whether they are to be seen by the Superiors themselves or
are to be forwarded to the Apostolic See.
12.5 Some procedural norms of a general nature
Here are some norms of a procedural and technical nature to
be kept constantly in mind in the reciprocal communication
between Provincial Secretariats and the General Secretariat.
12.5.1 Indicating confreres’ names
For uniformity and accuracy in all the documents or busi- 176
ness matters addressed to the Rector Major or to the Depart-
ments at the Centre names of confreres should be given in
the following manner, which has been officially adopted for
the Congregation:
first the father’s SURNAME (Family Name) all in capital let-
ters, followed by the mother’s SURNAME (in those countries
where this is the practice) also in capital letters; then follows
the baptismal name.
For example: ACCORNERO Flavio
or ALVAREZ BLANCO José.
The names of confreres officially communicated when they
enter the novitiate (hence the importance of the first com-
munication) must not be changed except for special reasons
which must be documented.
Since, in the General Secretariat, each confrere is assigned a
“code number” which corresponds to his place in the com-
puter memory of the Central Archives, it will be well, in all
matters concerning a confrere, also to indicate his code num-
ber, above all to avoid confusion. The surname and the given
name as used in the Annuario of the Congregation should al-
ways be the ones used.
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12.5.2 Indicating Provinces and Houses
177
In official documents and in juridical matters the Province
will be referred to by the name of the Patron and the city in
which the Provincial House is situated (e.g. “St Francis of
Sales” Province of Buenos Aires. For general purposes it will
be sufficient to indicate the Province by the name of the city
or town where the Provincial Centre is situated (e.g. Province
of Buenos Aires). It is also useful to add the abbreviation of the
Province used in the Annuario (e.g. ABA).
For the houses: it is best if they are named after the places in
which they are located. If there are different houses in the
same locality they can be distinguished by adding the name
of the street, or the district or suburb or by something else
(e.g. the patron of the work, the kind of work...) which makes
them clearly identifiable. This method of differentiating the
houses has been adopted in the Annuario and it is recom-
mended that it be used when treating of matters regarding
the houses.
For example: BUENOS AIRES - Leon XIII (patron); BUENOS
AIRES - Colegio Don Bosco (type of work);
BUENOS AIRES - Floresta (district, suburb); RIO
GRANDE - School (type of work); RIO GRANDE -
Parish (type of work); USHAIA - (only work in
the area).
A “code number” has also been assigned to the Provinces and
to the Houses by the General Secretariat.
12.5.3 Form of addressing requests to the Rector Major (or to the
Apostolic See)
178
Every request for authorisations, concessions, dispensations,
etc. addressed to the Rector Major (or to the Apostolic See)
should always be presented on a separate sheet of paper, with
one request only per sheet. They should not be included in let-
ters which treat simultaneously of different requests or other
matters. This is necessary for purposes of placing every item
in the archives with all the relevant documentation.
If, for example, the Provincial has to request from the Rector
Major the decree of canonical erection of two houses, he will
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make a specific request for each of them, expressing in each
the reasons and the vote of the Provincial Council for each
house, and he will add to each the written opinion of the
diocesan Bishop.
Yet another example, if the Provincial has to request approval
to begin an activity (such as accept a parish) and at the same
time he has to petition the Holy See for an Indult for a con-
frere, he will not treat of the two arguments in the one letter.
He will write two separate letters expressing his view in each
case and adding to each the necessary documentation.
All these documents should, as a rule, be typewritten.
When the request of a confrere is written in a language dif-
ferent from the better known ones, the Provincial Secretary
will add an authentic translation, preferably in Italian.
12.5.4 Dates of Documents
The dates of the documents should correspond with the con- 179
tents of the said documents and also with any clarification of
the law regarding individual cases.
Thus, for example, a document which gives the start of the
novitiate as 15 August, cannot be dated 22 July, that is, it can-
not be drawn up and dated in advance.
Yet another example, a document in which the Provincial ap-
points the Instructor causae for a dispensation from priestly
celibacy cannot bear a date preceding that of the request of
the priest asking for it, (or have the same date for that mat-
ter); in fact, the norm for such procedures says that the
Provincial, after having considered the request and made a
judgment on whether to send it further, can nominate an In-
structor causae.
12.5.5 Format of Paper
For the sake of uniformity in filing documents in the Central 180
Archives, Provinces are asked, when sending requests and
documents to the Rector Major or General Secretariat to al-
ways use UNI A4 size paper (21x29,7cm.).
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13. THE PROVINCIAL ARCHIVES
AND THE ARCHIVES OF THE HOUSES
13.1
181
172
Importance of the archives for our Society
The Code of Canon Law speaks of the importance of dioce-
san and parochial archives. Canon 486 decrees:
1. All documents concerning the diocese and parishes must
be kept with the greatest care.
2. In each curia there is to be established in a safe place a
diocesan archive where documents and writings con-
cerning both the spiritual and the temporal affairs of the
diocese are to be properly filed and carefully kept under
lock and key.
3. An inventory or catalogue is to be made of documents kept
in the archive, with a short synopsis of each document.
What is asserted by the universal law for ecclesiastical
archives applies also to our archives whether at the level of
the whole Society (“Archivio salesiano centrale”) or at Provin-
cial level (Provincial archives) or for individual houses (Local
archives).
When presenting the renewed Regulations for the Salesian
Central Archives, the Rector Major, Father E. Viganò, em-
phasized the importance of the archives for the history and
life of the Congregation and of the Salesian Family; and he
added:
“It is a very old Salesian tradition that we take particular care
to preserve documents belonging to the Congregation’s patri-
mony... All the archives, provincial archives in the first place
but those of the individual houses too, have their importance
and should be carefully preserved and added to, using the rel-
evant scientific norms and modern technology.”1
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Father Peter Ricaldone, in a Circular on the Archives of the
Houses of 24 October 1943 had previously written: “Our
archives, if they are well organised and kept up-to-date, will
provide invaluable, in fact fundamental, material and data
for the chronicles of our Society. By means of their docu-
mentation our members will not only have before them, as
an incentive for new initiatives of zeal, the magnificent
panorama of the multiform Salesian activity, but they will ar-
rive, as if led by hand, at the purest springs of the spirit and
of the industriousness of the Salesian Family.”2
All of this is reflected in our Regulations where it is recom-
mended that: “Special importance attaches to the preserva-
tion of libraries, archives and other documentary material
because of their cultural and community value” (Reg. 62).
In this Manual we shall deal principally with the Provincial
Archives, with a small amount about Local Archives, indicat-
ing certain norms for the conservation of documents of
greater importance.
As a general criterion it should be borne in mind that, for his-
tory, it is always important to preserve documents and other
materials in their original paper (hard) copy (with the appro-
priate signatures and certification) despite the development
of electronic means of information which can be kept to sup-
plement the documents.
13.2 Historical and current archives, and “secret” archives
Three levels can be distinguished in the provincial archives: 182
a. The appropriately called historic archives comprises
documents which form part of the “history” of the
Province: foundation documents, chronicles of events
which have taken place in different years, correspon-
dence of Provincials with the General Council and with
confreres, documents regarding confreres who have
2 Cf. ACG no. 120, p. 279
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lived and worked in the Province, and have died, etc.
(see Canon 491 §2).3
b. The so called “current archives” comprises all those docu-
ments which are still being frequently consulted and up-
dated, either because they are documents of living people
(for example, folders with the documents of confreres) or
they concern business which has not been definitively
closed.
c. By norm of Canon 489 there must be in the Provincial Of-
fice “a secret archive, or at least in the ordinary archive
there is to be a safe or cabinet, which is securely closed
and bolted and which cannot be removed. In this archive
documents which are to be kept under secrecy are to be
most carefully guarded.”
By analogy to what is decreed by canon 490 §1 only the
Provincial should have the key to the secret archive.
In individual houses it is not always possible to speak pre-
cisely of a “secret” archive nor can a clear distinction be es-
tablished between an historic archive and a current archive.
It is necessary that there be a place (one or more cabinets)
carefully guarded, where documents concerning the history
and the life of the house are kept.
13.3 Those responsible for the archives
13.3.1 The Provincial Archives
183
The first person responsible for the Archives of the Province
is the Provincial himself. It is up to him to establish the pro-
cedures for consulting and taking away deeds and documents
which may be consulted (cf. for anology can. 491 §3).
As has been said only the Provincial has jurisdiction over the
custody of the “secret” archive.
The Provincial Secretary is dependent on the Provincial and
174
3 As a rule all the documentation going back 50 years or more from the
present date is considered “historic”. In the Salesian Central Archive the
Rector Major Fr Vecchi fixed 1951 (death of Fr Peter Ricaldone) as the cut
off year: documentation preceding that date, being considered historical
material, is accessible for consultation by all students.

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works in accordance with him. In his capacity as chancellor
our particular law gives responsibility to the Secretary for the
care of the Archives. In fact article 159 of the Regulations
says: “(The Provincial Secretary) is in charge of the Provin-
cial Archives.”
13.3.2 Archives of the Houses
By analogy with the responsibility which the Code of Canon 184
Law gives the Bishop for the care of local archives (Archives
of the cathedral, collegiate and parochial churches... (cf, can.
491 §1), the Provincial must also concern himself to see that
the archives of the individual houses are carefully kept. This
is one of the points to check on Provincial Visitations.
At the local level the Regulations give the Rector responsibil-
ity of looking after the Archives of the House. Article 178
says: “(The Rector) should keep the Archives in order and up-
to-date.”
13.4 Contents of the Archives
It is not possible to give an exhaustive list of what provincial
or local archives should contain. We shall limit ourselves
therefore to indicating, in both cases, what the archives
should not lack.
13.4.1 Provincial archives
The following documents should not be missing from the 185
Provincial archives:
1. Constitutions and General Regulations of the Society;
2. Collection of the Acts of the General Chapters (at least
from GC19 and those after it) and the Acts of the Provin-
cial Chapters;
3. Complete collection of the Acts of the General Council
(previously “Superior Chapter” or “Superior Council”:
from Don Albera to the present);
4. Documents of the foundation and canonical erection of the
Province and of the individual Houses of the Province;
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5. Forms for the appointment of Provincials, of Provincial
Councillors and of Rectors of the individual houses of the
Province;
6. Collection of Minutes of Provincial Council Meetings;
7. Copies of the observations left for the Provincial and his
Council (or for the Province) after Extraordinary Visita-
tions;
8. Copies of the letters addressed by the Rector Major to the
Provincial (or the Province) at the conclusion of the Ex-
traordinary Visitations or on other occasions;
9. Correspondence of Provincials with the Rector Major,
with General Councillors and with the confreres, which
are important for the Province (e.g. “Circulars” of Provin-
cials to confreres);
10. Documents regarding the History of the Province; in par-
ticular the chronicle of the more important events (with
photographic and/or audiovisual documentation);
11. Documents of the Provincial Conference (in the
Provinces which are part of a Provincial Conference)
and/or documents pertaining to the Salesian Region;
12. Documents regarding relationships with Bishops (corre-
spondence, agreements, permissions ...);
13. Documents of confreres - living, deceased, left the Con-
gregation;
For deceased confreres: the mortuary letter is to be kept,
as well as those documents which can be useful as a fu-
ture source of information;
For confreres who have left: documents giving witness of
their leaving (Indults or dispensations or decrees of secu-
larisation are to be kept as well as other documents
which can still be useful in the future;
14. Copies of the annual statistical data of the Province, and
it is useful to keep the collection of the annual general
Elencos (Annuari) of the Society;
15. Synthesis of the chronicles of the Houses of the Province
(copy of the report that is to be sent to the Central
Archives); where possible it can be useful to keep the
copies of the chronicles of the houses themselves;4
176
4 Documentation and chronicles of houses which have been suppressed are
to be kept in the Provincial Archives.

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16. If it is thought useful the collection of the Provincial
Newsletters;
17. Publications of the confreres of the Province (copies also
to be sent to the General Secretariat);
18. There will also be a section of the archives whose norms
are formulated by the Provincial Chapter or by the
Provincial with his Council which represents “the admin-
istrative archives for official documents, agreements and
covenants, wills, registers, files of obligations, invento-
ries, etc. (cf. Reg. 190).
13.4.2
The Local Archives
In the archives of every house the following documents 186
must not be missing:
1. Constitutions and General Regulations of the Society;
2. Collection of the Acts of the General Chapters (beginning
at least with GC19) and the Acts of Provincial Chapters.
3. Possibly, the complete collection of the Acts of the Gener-
al Council; from Don Albera to the present.
4. Copy of the documents of the foundation and canonical
erection of the house; if the house has an oratory or a pub-
lic church attached to it, a copy of the document wit-
nessing the consecration or blessing of the church; like-
wise for the other works of the house (for example, the
school) a copy of the acts of foundation and the docu-
ments of civic recognition;
5. Forms for the appointment of Rectors who have succeed-
ed each other in the house;
6. Complete annual lists of the confreres of the house, with
their roles; it will also be useful to keep the annual Gen-
eral “Elenchi” (Annuario) of the Society;
7. Minutes of the Council of the Community (Reg. 180);
8. The chronicle of the house, by norm of Regulation 178
(and the periodical synthesis sent to the Provincial
Archives and the Central Archives);
9. Mortuary letters of the Confreres of the Province;
10. Observations left by the Provincial (or by the Extraordi-
nary Visitor) at the conclusion of the Provincial Visitation
(Reg. 146.3);
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11. Correspondence of the Rector Major or of the Provincial
which concerns the house in a special way. It will be use-
ful if the Circular Letters of the Provincial are kept;
12. Updated lists of the Past Pupils of the house, and of the
Salesian Cooperators;
13. An updated list of the benefactors of the house;
14. In the sector of the administrative archives the following
will be kept: a copy of the plans of the house and relative
public acts, a copy of the contracts of buying-selling of
buildings and property of the house with the relative
plans and maps, private documents of any kind, ac-
counts, inventory of goods (to be updated periodically),
legal documents of pious foundations, wills and bequests
of the faithful donors, a register of possible obligation of
masses, the original copy of possible legal transactions.
There should also be a photographic section of the archives
(both at provincial and local level) where photographic and
audiovisual documentation of the life and history of the
house will be carefully preserved.
13.5
187
Arrangement of the Archive
So that archive material can be easily accessed and consult-
ed, it is necessary to have the archive functionally arranged
according to a system which contains and expresses all the
aspects of the life and activity of the Province.
By way of an example or model, here is a system suggested
for Religious in the Archivista Ecclesiastica5 with some addi-
tions inserted for our Salesian requirements.
1. SALESIAN SOCIETY (Rector Major and his Council)
– Constitutions and Regulations
– General Chapters
– Correspondence of the Provincial with the Rector Ma-
jor and his Council
– Documentation and letters of the Rector Major and the
Central Departments
178
5 Cf. Archivistica Ecclesiastica, Città del Vaticano, 1967, pp. 47-49.

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2. APOSTOLIC SEE
– Documents and business with the Holy See
3. PROVINCE
– Provincial Chapter
– Provincial
– Provincial Council
4. PROVINCIAL CONFERENCE and/or REGION
– Relevant documents
5. INTERPROVINCIAL RELATIONSHIPS
– A folder for each Province with which the Province has
a relationship
6. ORDINARIES OF THE AREA
– A folder for each of the Bishops of the Province with
correspondence and business undertaken
7. RELIGIOUS INSTITUTES
– Relationships with other religious institutes and with
the Conference of Religious
8. CIVIC AUTHORITIES
– Relevant documents
9. HISTORY OF THE PROVINCE
– Documents relative to the foundation of the Province
– Documents of appointment of Provincials and Coun-
cillors
– Chronicles of events
10. HOUSES OF THE PROVINCE
– A file for each house with documents pertaining to
each community (for both existing houses and sup-
pressed houses)6
11. FORMATION
– A file for each of the phases of formation:
• Aspirantate and Prenovitiate
• Novitiate
• Postnovitiate
• Practical Training
• Theology
• Specialisation of Brothers
• Ongoing Formation
6 The whole archive of a suppressed house should go to the Provincial
Archives where it will be carefully preserved.
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12. PASTORAL CARE OF YOUTH
– Relevant documents (Schools, Associations, etc. ...)
13. PARISHES AND PUBLIC CHURCHES
– Relevant Documents
14. MISSIONS
– Relevant Documents
15. SALESIAN FAMILY
– Consultative Body of the Salesian Family
– F.M.A.
– V.D.B.
– C.D.B,
– Salesian Cooperators
– Past Pupils
– Other Groups of the Salesian Family
16. SOCIAL COMMUNICATIONS
– Relevant Documents
17. PERSONS
– Confreres living
– Confreres deceased
– Confreres exclaustrated
– Confreres who have left at the end of their vows or who
have been dispensed from vows
– Confreres secularised
– Confreres - priests dispensed from celibacy
– Confreres dismissed
18. STATISTICAL DATA
– Statistics of the Province
– Elenchi (Annuari) of the Society
19. ADMINISTRATIVE ARCHIVES (Reg. 190)
13.6
188
180
Preservation of Documents
Both the Code of Canon Law and our own General Regula-
tions recommend the greatest care in the preservation of
archival material (cf. Can. 486 §1 and 491 §1; Reg. 62). The
archives in fact represent a valuable spiritual, cultural and
historical patrimony for the Congregation, for the Church and
for the nation itself.
For this the Code itself gives some norms for careful preser-
vation of the archives: such norms can be included in a pos-

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sible “Internal Regulations for the Archives” which could be
useful, for the Provincial Archives, especially when it is open
for consultation by externs.
Some norms which apply especially to the Provincial
Archives are given here:
1. The archives should normally be locked to ensure secure
preservation and only the Provincial and the Provincial
Secretary should have the key (cf. Can. 487 §1).
2. No one should enter the archives without the permission
of the Provincial and/or Provincial Secretary.
3. Ordinarily the documents of the archives should not be
taken away, but consulted in the archives itself; the
Provincial and/or the Provincial Secretary can allow
some documents to be taken away for a short period of
time for special reasons.
In such a case the Provincial Secretary or the archivist
will make a note of the document in the appropriate reg-
ister and will check that the document is returned to the
archives.7
4. It is up to the Provincial to establish norms for the con-
sultation of documents in the historic archives; all per-
sons who want to access documents in the archives will
adhere to these norms.
5. Canon 487 §2 states: “Persons concerned have the right to
receive, personally or by proxy, an authentic written or
Photostat copy of documents which are of their nature
public and which concern their own personal status.”
In addition to these norms, which are of a canonical nature,
in order to guarantee better preservation of documents, it is
useful to recall some directions about the selection of material
which should be deposited in the archives.
a. Every year the Provincial (or his Vicar delegated by him
to do so) will make a selection of the correspondence he
has received: he will send to the archives what can be of
historical or administrative value, if he has not already
7 See, for example, the norms established by the Rector Major with regard
to consultation in the Central Salesian Archive in the corresponding Reg-
ulation: cf. AGC no. 314, pp.56-58.
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done so, and he will destroy correspondence that is pure-
ly casual (or he will keep it elsewhere).
b. Similarly the Provincial Secretary will see to the transfer
into the archives (historical or current) of all the docu-
ments of the Province, as well as those of the houses or
individual confreres, which should be kept. Documents
of an administrative nature should be kept for as long as
it is foreseen that matters concerned may have to be fol-
lowed up or have possible legal challenges in the future.
In any case documents of historical value should always
be kept.
c. About the documents of confreres:
– whilst they are living, all the documents and correspon-
dence (in the judgment of the Provincial) which con-
cern them should be preserved in their appropriate file;
in particular, as well as the documents of their Salesian
curriculum, documents about their scholastic and aca-
demic qualifications should be kept, as well as the will
made by each professed member;
– after the death of a confrere some copies of his mortu-
ary letter should be kept as well as other documents
(application and judgment on admission to novitiate,
to professions, to ministries and sacred orders, ap-
pointments), letters or publications which may be use-
ful in the future for information about the confrere
(historical profile, information requested from rela-
tives, from past pupils, etc ...)8
– for confreres who have left the Congregation: the docu-
ment witnessing their leaving should be kept and oth-
er documentation which may be useful in the future
(even for readmission in the future): applications and
judgments on admission to the novitiate, to profes-
sions, to ministries and sacred orders, documentation
regarding their leaving ...
d. it should be borne in mind that canon 489 §2 prescribes:
“Each year documents of criminal cases concerning
182
8 For confreres who have achieved distinction in some field (theology, phi-
losophy, pedagogy, history, music, art, etc. ...) the whole production as well
as the relevant documentation should be kept.

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moral matters are to be destroyed whenever the guilty
parties have died, or ten years have elapsed since a con-
demnatory sentence concluded the affair. A short sum-
mary of the facts is to be kept together with the text of the
definitive judgment.” This canonical norm should be ap-
plied with prudence taking note of what could still be
useful in the future.
e. When a confrere definitively changes Province his per-
sonal file, with all its documents, should be transferred to
the Provincial Secretary of the new Province (recording
the details and date of passing them on). However, in the
Province of origin, the essential matters regarding the
confrere should be kept by means of notes on his person-
al file. It could be useful to keep a photocopy of the docu-
ments sent to the new Province.
A last thing to bear in mind for good preservation of docu-
ments in the archives is that it is important to have suitable
air-conditioning of the environment, by constantly check-
ing temperature and humidity.
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APPENDIX A-1
LIST OF FORMS («MODULES») IN USE FOR THE ARCHIVE
Form
F1 PN’85
F2 AN’85
F3 PP’85
F4 PR’85
F5 Mod. e
F6 MM’85
F7 OL979
F8 OA979
F9 OD’85
F10 OD979
F11 OP’85
F12 OP979
F13 CV’85
F14 PV’85
F15 CE’85
Contents
When to be sent to the General Segretariat
PROPOSAL FOR ADMISSION TO THE NOVI- *To be kept in the Province
TIATE
ADMISSION TO THE NOVITIATE
Send immediately after admission to the Novitiate
PROPOSAL FOR ADMISSION TO FIRST Send after admission to first profession
PROFESSION
PROPOSAL FOR ADMISSION TO PROFES- *For renewal of temporary vows keep in the Province.
SION
Send for perpetual profession
CONFIRMATION OF PROFESSION
Send immediately every time after the vows have
been taken.
PROPOSAL FOR A MINISTRY
*Keep in the Province
CONFIRMATION OF THE CONFERRAL OF Send immediately after the conferral of the ministry
THE MINISTRY OF READER
of Reader
CONFIRMATION OF THE CONFERRAL OF Send immediately after the conferral of the ministry
THE MINISTRY OR ACOLYTE
of Acolyte
PROPOSAL FOR ORDINATION TO THE DIA- Send immediately after the admission to the
CONATE
Diaconate.
CONFIRMATION OF THE ORDINATION TO Send immediately after the ordination to the Dia-
THE DIACONATE
conate
PROPOSAL FOR ORDINATION TO THE Send immediately after the admission to the Priest-
PRIESTHOOD
hood
CONFIRMATION OF THE ORDINATION TO Send immediately after the ordination to the Priest-
THE PRIESTHOOD
hood
RESULTS OF THE CONSULTATION FOR A Send for the appointment of the Vice-Provincial
VICE-PROVINCIAL
PROPOSAL FOR THE APPOINTMENT OF A Send for the appointment of the Vice-Provincial
VICE-PROVINCIAL
RESULTS OF THE CONSULTATION FOR A Send for the appointment of the Provincial Economer
PROVINCIAL ECONOMER
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F16 PE’85
F17 CC’85
F18 PC’85
F19 ND’85
F20 NM’87
F21
F22 FV’86
F23 DEF’86
F24
PROPOSAL FOR THE APPOINTMENT OF A Send for the appointment of the Provincial
PROVINCIAL ECONOMER
Economer
RESULTS OF THE CONSULTATION FOR A Send for the appointment of the Provincial Councillor
PROVINCIAL COUNCILLOR
PROPOSAL FOR THE APPOINTMENT OF A Send for the appointment of the Provincial Councillor
PROVINCIAL COUNCILLOR
APPROVAL OF THE APPOINTMENT OF A Send for the approval of the appointment of the
RECTOR
Rector
APPROVAL OF THE APPOINTMENT OF THE Send for the approval of the Director of Novices
DIRECTOR OF NOVICES
NOTIFICATION OF THE CONFIRMATION IN Send as soon as the confirmation has taken place
OFFICE FOR A SECOND THREE YEAR TERM for a Rector for a second term
COMMUNICATION OF LEAVING AT EXPIRY Send immediately when a confrere leaves at the
OF TEMPORARY VOWS
expiry of vows
NOTIFICATION OF THE DEATH OF A CON- Send immediately on the death of a confrere
FRERE
FLASH“ ON 31 DECEMBER
Send by 10 January
In the following pages four of the Forms are reproduced (ADMISSION TO THE NOVITIATE, LEAVING
AT THE EXPIRY OF VOWS, DEATH OF A CONFRERE, “FLASH” ON 31 DECEMBER) showing the
data requested.
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(F 2)
APPENDIX A-2
SOCIETY OF ST FRANCIS OF SALES
Province of (1) ........................................
ADMISSION TO THE NOVITIATE
(Module AN 04)
Mr ..................................................................... was formally admitted to the Novitiate in accor-
dance with the norms of Canon Law and the Salesian Constitutions by Rev. Fr .............................
Provincial, as a candidate for Salesian life (2) ...................................................................
GENERAL INFORMATION ABOUT THE NOVICE taken from the original documents
preserved in the Provincial Archives:
SURNAME and Name (3)..................................................................................................................
Father.................................................................. Mother ................................................................
(Surname and Name)
(Surname and Name)
Born on .............................................. at .........................................................................................
(day-month-year)
(Place of birth)
Diocese.................................... Province (4) .................................... COUNTRY..............................
Baptised on ………………………..………….
Confirmed on ………………………………….
Studies undertaken or work experience before the Novitiate .........................................................
………………………………………………………………………………………………………………..
Prenovitate at ........................................ between .................................. and .................................
(month-year)
(month-year)
Beginning of the NOVITATE on .................................... at ...............................................................
Place and date ........................................................
Fr...............................................
Provincial Secretary
Province
stamp
Fr...............................................
Provincial
A copy of this report should be sent to the Secretary General and to the Novitiate house.
(1) Province to which the Novice belongs.
(2) If the candidate is already ordained, Deacon or Priest should be added.
(3) The paternal SURNAME is given first, followed by the maternal SURNAME (in those countries where this is customary); then the baptismal name.
(4) Province or Department or State or County
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(F 22)
APPENDIX A-3
SOCIETÀ DI S. FRANCESCO DI SALES
Ispettoria di......................................................................
Mod. FV ’86
COMUNICAZIONE
PER L’USCITA DI UN CONFRATELLO DALLA CONGREGAZIONE
ALLA SCADENZA DEI VOTI TEMPORANEI
INFORMATION
RE: CONFRERES LEAVING CONGREGATION AFTER TEMPORARY VOWS
Per una più ampia esplicitazione delle motiviazioni,
cfr. Modulo a pagina seguente
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ESPLICITAZIONI
DELLE MOTIVAZIONI ESPRESSE
CLARIFICATIONS OF MOTIVES
3.1 Inconsistenza vocazionale fin dall’inizio
1 Entrata in Congregazione dietro pressioni familiari o
ambientali
2 Fuga dall’ambiente familiare o sociale
3 Ambiente formativo poco favorevole ad una presa di
coscienza libera
3.1 No strong vocation right from the beginning
1 Entered Congregation under pressure from family or
circumstances
2 Entered to escape family or social conditions
3 Formation not conducive to free and aware choice
3.2 Perdita progressiva del senso della vocazione
1 Oscuramento del significato della vocazione religiosa
salesiana
2 Senso di incapacità a portare il peso della vita religiosa
3 Rifiuto dello sforzo par una ripresa
3.2 Gradual loss of sense of religious vocation
1 Lessened awareness of real meaning of Salesian voca-
tion
2 Feeling of being unequal to burdens of religious life
3 Unwillingness to make genuine effort to reform
3.3 Difficoltà Ideologiche
1 Scontentezza per il ruolo del salesiano nella società
2 Scontentezza per il ruolo in Congregazione
3 Perdita della fede
4 Rifiuto, per motivi ideologici, delle norme ecclesias-
tiche
5 Assunzione di ideali politici incompatibili con le norme
eccl.
6 Difficoltà in seguito a studi specializzati
3.3 Problems of Ideology or principles
1 Dissatisfaction with Salesian role in society
2 Dissatisfaction with personal role in the Congregation
3 Loss of faith
4 Ideological rejection of ecclesiastical procedures
5 Political ideals incompatible with Church standards
6 Problems arising after specialised studies
3.4 Disagio nel rapporti comunitari
1 Disagio per cause soggettive
2 Disagio per cause oggettive
3 Autorealizzazione impossibile in Congregazione
4 Disagio dovuto all’identificazione con gruppi esterni
(per attività, sintonia affettiva e ideologica)
3.4 Problems with community life
1 Problems due to subjective reasons
2 Problems due to objective reasons
3 Self-fulfilment impossible in Congregation
4 Dissatisfaction due to identification with external
groups (through activities, or emotional or ideological
sympathies)
3.5 Difficoltà rotative all’obbedienza religiosa
1 Reazione ad una specifica obbedienza
2 Critica e rifiuto di opere, stili della Congregazione
3 Si è sentito trattato ingiustamente
3.5 Problems relating to obedience
1 Reaction to a specific obedience
2 Criticism and rejection of works, aims and ways of the
Congregation
3 Feeling of having been treated unjustly
3.6 Difficoltà relativa alla povertà religiosa
1 Contestazione e ricerca di una povertà più totale
2 Uso non controllato di denaro
3 Ricerca di comodità
3.6 Problems with poverty
1 Desire for stricter poverty
2 Free use of money
3 Seeking material comforts
3.7 Difficoltà relative al celibato consacrato
1 Bisogno di rapporto affettivo intimo
2 Esperienze traumatiche nella fanciullezza o adolescen-
za
3 Deviazioni sessuali (autoerotismo, omosessualità, ecc.)
4 Difficoltà sorte nel lavoro con gruppi giovanili, fem-
minili; con collaboratrici
5 Ideologia che nega il valore della castità
6 Solitudine e isolamento
3.7 Problems relating to celibacy
1 Need of an intimate emotional relationship
2 Traumatic experiences in childhood or adolescence
3 Sexual deviations (autoerotism, homosexuality, etc.)
4 Problems arising from working with young boys or girls
or women
5 Ideological rejection of the value of chastity
3.8 Calo della vita spirituale
1 Abbandono della preghiera comunitaria
2 Abbandono progressivo dell’impegno spirituale
3 Accidia spirituale dovuta alla priorità degli impegni
professionali o altri centri d’interesse
3.8 Loss of interior life
1 Neglect of community prayer
2 Gradual neglect of spiritual dedication
3 Spiritual sloth due to priority of professional duties or
other interests
3.9 Handicap psico-somatico
1 Gravi disturbi psichiatrici (psicosi)
2 Disturbi nevrotici (ansie, conflitti, compulsività)
3 Tare fisiche o psichiche di origine familiare
3.9 Mental dlsabilities
1 Severe mental disturbances
2 Neurotic anxieties, conflicts, compulsions, etc.
3 Hereditary physical or psychological defects
3.10 Situazione dl fatto
1 Attività incompatibile con la vita religiosa
2 Convivenza o relazione matrimoniale
3 Appartenenze a movimenti o partiti ostili alla religione
4 Incapacità di reinserimento nella vita religiosa in segui-
to a situazioni eccezionali (servizio militare, ecc.)
3.10 Peculiar factual situations
1 Activities incompatible with the religious life
2 Co-habitation or marriage
3 Membership in anti-religious movements
4 Inability to re-enter religious life because of exception-
al situations such as military service, etc.
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(F 23)
APPENDIX A-4
SOCIETY OF ST FRANCIS OF SALES
Mod. DEF ’88
Province of .............................................
NOTIFICATION OF THE DEATH OF A CONFRERE
I inform you that the confrere
COD .......................
(1) ………………………………………………………………………………………………….....
died on (2) …......................………………………………………………………………………...
at (3) .........................…………...…………………………………………………………………...
Place and date of birth ……...................................................................................................
Date of first profession ……....................................................................................................
Date of priestly ordination (for priests) ….....................………………………………...………..
OBSERVATIONS (4):
.........................……………………………………………………………………………………...
.........................……………………………………………………………………………………...
.........................……………………………………………………………………………………...
.........................……………………………………………………………………………………...
.........................……………………………………………………………………………………...
Place and date ..................................................................................................
Provincial Secretary
…………………………………….
NOTES
(1) sac etc followed by SURNAME (capitals) and Name (small letters) as printed in the General ANNUARIO of the confreres.
(2) Precise date of death
(3) Place of death (town or city and country)
(4) Useful brief comments about the life and character of the deceased confrere.
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APPENDIX A-5
CURRICULUM VITAE
Below are listed some of the essential items to be included in the “curriculum vitae” of
a confrere when this is requested for some purpose (for example: secularisation, dispen-
sation from vows, dispensation from priestly celibacy).
1. SURNAME and FIRST NAME .........................................................................................
2. PLACE and DATE OF BIRTH ..........................................................................................
3. NATIONALITY ..................................................................................................................
4. PLACE and DATE OF BAPTISM .....................................................................................
5. QUALIFICATIONS and DEGREES ...................................................................................
6. FIRST CONTACT WITH SALESIANS at .....................; ASPIRANTATE at .……....………
PRENOVITIATE at …………………..
7. NOVITIATE at ............................................ between ......…………… and …………….
8. FIRST PROFESSION made at …………………… on …………………….
9. POSTNOVITIATE at ………………............. between ......…………… and …………….
10. PRACTICAL TRAINING at ................................. during the years ................................
11. PERPETUAL PROFESSION made at ...................................... on ................................
12. PLACE and DATES OF THEOLOGICAL STUDIES .........................................................
13. MINISTRIES: - READER on ....................................
- ACOLYE on ....................................
14. DIACONATE ORDINATION at ........................................ on .................................
15. PRIESTLY ORDINATION at .......................................... on ..................................
16. RESPONSIBILITES IN THE CONGREGATION:
From ........................ To .......................... Role
Place
………………………………… ……………………
……………………..
………………………………… ……………………
……………………..
………………………………… ……………………
……………………..
………………………………… ……………………
……………………..
17. SPECIAL OBSERVATIONS
…………………………………………………………….......................………………………….
NB. For cases of DISPENSATION FROM PERPETUAL VOWS and of DISPENSATION
FROM THE DIACONATE it is necessary to add to the “curriculum” as appendices the com-
plete transcript of all the observations made by both the local House Council and the
Provincial Council for admission to the Novitiate, to the Professions, to the Ministries and
to Sacred Orders, with the relevant record of the voting.
For cases of DISPENSATION FROM PRIESTLY CELIBACY – in addition to everything men-
tioned above, copies of all the applications and the observations made for admissions to
the Novitiate, to Professions, to Ministries and Sacred Orders should be included.
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APPENDIX A-6
SOCIETAS S. FRANCISCI SALESII
«LITTERAE DIMISSORIAE»
…………………………………………………………………………………………… sac.
Superior Maior Inspectoriae ………………...………………………………………………
in Civitate ………………………...........………………………………………………………
Dilecto Nobis in Christo Filio
……………………………………………..
in Domino salutem.
Quoniam religiosorum Moderatores maximam curam gerere debent de iis, quae ad
maiorem Dei gloriam et animarum salutem iuxta Instituti finem conferre censentur,
Nobis in Domino bonum visum est te ad Sacrum ……………………………… Ordinem
promoveri posse.
Ideoque declaramus te, Nostrae Societatis Sodalem professum perpetuum, bonis
moribus praeditum, aetatem ab Ecclesia requisitam ad normam can. 1031 CIC asse-
cutum, praescripta studiorum curricula ex integro emensum ad normam can. 1032
§1 et §2, nullo canonico impedimento detineri quin ad praedictam sacram ordinatio-
nem promovearis.
Quapropter cum omnia praestiteris, quae in canonibus Codicis Iuris Canonici prae-
scribuntur, te ad normam can. 1019 §1 apud Reverendissimum et Benevolentissi-
mum Episcopum ...........................................................................................................
commendamus vel, ipso impedito, apud quemcumque alium Episcopum communio-
nem cum Sede Apostolica habentem ordinationes habiturum; Eumque rogamus, ut
pro Nostrae Salesianae Societatis necessitate, tibi praedictam sacram ordinationem
conferat, susceptique Ordinis Testimoniales Litteras tibi concedat.
In quorum fidem has dedimus dimissorias ac testimoniales litteras, manu nostra sub-
scriptas ac nostro sigillo munitas.
Datum ......................................
sigillum
………………………………
A Secretis
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APPENDIX A-7
“PROFESSIO FIDEI”
AND OATH OF FIDELITY
ON ASSUMING AN ECCLESIASTICAL OFFICE
The formula is given for the “Profession fidei” and of the oath to be made by tho-
se who take up an eccleisatical office. The profession of faith is to be made by Supe-
riors as they take possession of their responsibility (cf C. 121) and by others who take
up office according to the norms of the law.
The formula given here (with the oath which is complementary to the “profession
fidei”) is that laid down by the Apostolic Letter “Ad tuendam fidem”1 of John Paul II.
The Latin text and an English translation are given (with paragraphs specially referring
to religious).
When the profession of faith (with the oath) have been made they should be signed.
LATIN TEXT
Professio fidei
Ego N. firma fide credo et profiteor omnia et singula quae continentur in Symbo-
lo fidei, videlicet:
Credo in unum Deum Patrem omnipotentem, factorem coeli et terrae, visibilium
omnium et invisibilium et in unum Dominum Iesum Christum, Filium Dei unigenitum,
et ex Patre natum ante omnia saecula, Deum de Deo, lumen de lumine, Deum verum
de Deo vero, genitum non factum, consubstantialem Patri per quem omnia facta
sunt, qui propter nos homines et propter nostram salutem descendit de coelis, et
incarnatus est de Spiritu Sancto, ex Maria Virgine, et homo factus est; crucifixus eti-
am pro nobis sub Pontio Pilato, passus et sepultus est; et resurrexit tertia die secun-
dum Scripturas, et ascendit in coelum, sedet ad dexteram Patris, et iterum venturus
est cum gloria iudicare vivos et mortuos, cuius regni non erit finis; et in Spiritum
Sanctum Dominum et vivificantem, qui ex Patre Filioque procedit; qui cum Patre et
Filio simul adoratur et conglorificatur, qui locutus est per Prophetas; et unam sanc-
tam catholicam et apostolicam Ecclesiam; confiteor unum baptisma in remissionem
peccatorum, et expecto resurrectionem mortuorum, et vitam venturi saeculi. Amen.
Fima fide quoque credo ea omnia quae in verbo Dei scripto vel tradito continen-
tur et ab Ecclesia sive sollemni iudicio sive ordinario et universali Magisterio
tamquam divinitus revelata credenda proponuntur.
Firmiter etiam amplector ac retineo omnia et singula quae circa doctrinam de fide
vel moribus ab eadem definitive proponuntur.
Insuper religioso voluntatis et intellectus obsequio doctrinis adhaereo quas sive
Romanus Pontifex sive Collegium episcoporum enuntiant cum Magisterium authen-
ticum exercent etsi non defintivo actu easdem proclamare intendant.
1 The Apostolic Letter AD TUENDAM FIDEM was promulgated in the form of a Motuproprio on 18 May 1998. The formu-
la of the profession of faith given here corresponds to the one published in 1989 by the Congregation for the Doctrine
of the Faith (cf Acta Apostolca Sedis 81 [1989] p. 104. See the presentation in the AGC n. 365 Rulings and Directives.
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Iusiurandum fidelitatis in suscipiendo officio nomine Ecclesiae exercendo
Ego N. in suscipiendo officio ….............................. promitto me cum catholica
Ecclesia communionem semper servaturum, sive verbis a me prolatis, sive mea
agendi ratione.
Magna cum diligentia et fidelitate onera explebo quibus teneor erga Ecclesiam,
tum universam, tum particularem, in qua ad meum servitium, secundum iuris prae-
scripta, exercendum vocatus sum.
In munere meo adimplendo, quod Ecclesiae nomine mihi commissum est, fidei
depositum integrum servabo, fideliter tradam et illustrabo; quascumque igitur doctri-
nas iisdem contrarias devitabo.
Disciplinam cunctae Ecclesiae communem fovebo observantiamque cunctarum
legum ecclesiasticarum urgebo, earum imprimis quae in Codice Iuris Canonici conti-
nentur.
Chistiana oboedientia prosequar quae sacri Pastores, tamquam authentici fidei
doctores et magistri declarant, aut tamquam Ecclesiae rectores statuunt, atque cum
Episcopis dioecesanis libenter operam dabo, ut actio apostolica, nomine et manda-
to Ecclesiae exercenda, salvis indole et fine mei Instituti, in eiusdem Ecclesiae com-
munione peragatur.
Sic me Deus adiuvet et sancta Dei Evangelia, quae manibus meis tango.
N.B. The general form of the fourth and fifth paragraphs (i.e. for non-religious) is as
follows:
Disciplinam cunctae Ecclesiae communem sequar et fovebo observantiamque
cunctarum legum ecclesiasticarum, earum imprimis quae in Codice Iuris Canonici
continentur, servabo.
Chistiana oboedientia prosequar quae sacri Pastores, tamquam authentici fidei
doctores et magistri declarant, aut tamquam Ecclesiae rectores statuunt, atque Epis-
copis dioecesanis fideliter auxilium dabo, ut actio apostolica, nomine et mandato
Ecclesiae exercenda, in eiusdem Ecclesiae communione peragatur.
ENGLISH TEXT
Profession of Faith
I, N., with firm faith believe and profess each and everything that is contained in
the Symbol of faith, namely:
I believe in one God, the Father, the Almighty, maker of heaven and earth, of all
that is, seen and unseen. I believe in one Lord, Jesus Christ, the only Son of God,
eternally begotten of the Father, God from God, Light from Light, true God from true
God, begotten not made, of one Being with the Father. Through him all things were
made. For us men and for our salvation, he came down from heaven: by the power
of the Holy Spirit he became incarnate of the Virgin Mary, and became man. For our
sake he was crucified under Pontius Pilate; he suffered death and was buried. On the
third day he rose again in accordance with the Scriptures; he ascended into heaven
and is seated at the right hand of the Father. He will come again in glory to judge the
living and the dead, and his kingdom will have no end. I believe in the Holy Spirit, the
Lord, the giver of life, who proceeds from the Father and the Son. With the Father and
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the Son he is worshiped and glorified. He has spoken through the Prophets. I believe
in one holy catholic and apostolic Church. I acknowledge one baptism for the for-
giveness of sins. I look for the resurrection of the dead, and the life of the world to
come. Amen.
With firm faith, I also believe everything contained in the Word of God, whether
written or handed down in Tradition, which the Church, either by a solemn judgement
or by the ordinary and universal Magisterium, sets forth to be believed as divinely
revealed.
I also firmly accept and hold each and everything definitively proposed by the
Church regarding teaching on faith and morals.
Moreover, I adhere with religious submission of will and intellect to the teachings
which either the Roman Pontiff or the College of Bishops enunciate when they exer-
cise their authentic Magisterium, even if they do not intend to proclaim these teach-
ings by a definitive act.
Oath of fidelity on assuming an office to be exercised in the name of the Church
I, N., in assuming the office of …………, promise that in my words and in my
actions I shall always preserve communion with the Catholic Church.
With great care and fidelity I shall carry out the duties incumbent on me toward
the Church, both universal and particular, in which, according to the provisions of the
law, I have been called to exercise my service.
In fulfilling the charge entrusted to me in the name of the Church, I shall hold fast
to the deposit of faith in its entirety; I shall faithfully hand it on and explain it, and I
shall avoid any teachings contrary to it.
I shall foster the common discipline of the entire Church and I shall insist on the
observance of all ecclesiastical laws, especially those contained in the Code of
Canon Law.
With Christian obedience I shall follow what the Bishops, as authentic doctors
and teachers of the faith, declare, or what they as those who govern the Church,
establish. I shall also—with due regard for the character and purpose of my insti-
tute—faithfully assist the diocesan Bishops, so that the apostolic activity, exercised
in the name and by mandate of the Church, may be carried out in communion with
the Church.
So help me God, and God's Holy Gospels on which I place my hand.
(Variations in the fourth and fifth paragraphs of the formulary, for use by members of
the Christian faithful in general (i.e. non-religious):
I shall follow and foster the common discipline of the entire Church and I shall
maintain the observance of all ecclesiastical laws, especially those contained in the
Code of Canon Law.
With Christian obedience I shall follow what the Bishops, as authentic doctors
and teachers of the faith, declare, or what they, as those who govern the Church,
establish. I shall also faithfully assist the diocesan Bishops, so that the apostolic
activity, exercised in the name and by mandate of the Church, may be carried out in
communion with the Church.
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APPENDIX A-8
ABSENCE FROM THE RELIGIOUS HOUSE
Here is a sample of a Letter by which the Provincial grants a member permission to live
outside a house of the institute for a year, according to can. 665, specifying the nature of
the member’s juridical status while he is absent. The letter should be signed by the mem-
ber indicating his acceptance.
The undersigned, Fr………..................................................…..Provincial Superior of the
Salesian Province………......................................with headquarters in………............………
- the confrere…………..................................…….having asked for leave of absence from
the religious house for the following reasons.......................................................................
- having received the consent of the Provincial Council in the meeting on………………….
- in virtue of the faculty mentioned in can. 665 § 1,
GRANTS
To……………… permission for LEAVE OF ABSENCE FROM THE SALESIAN RELIGIOUS
HOUSE FOR A YEAR, starting from…………….............…. until……………..........………….
This permission is subject to the following conditions:
– The confrere is released only from the obligation to reside in a religious house and from
all that necessarily and directly is connected with that obligation.
– In particular the confrere may not assume commitments that tie him beyond the peri-
od of this permission; he cannot carry out adminstrative acts in contrast with art 74-
76 of the Constitutions or contrary to art 51 seq. of the General Regulations.
The Salesian Society and the Province of ……………do not accept any responsibility
for the actions of the absent confrere in violation of these norms.
– Return to the community at the expiry of this permission must be without delay.
Should just motives arise that prevent return to the community, in good time and in
agreement with the Provincial, the confrere should seek to rectify his jurical situation
in some other way, since the Provincial does not have the power to prolong the peri-
od of absence.
– The Provincial always has the power to recall the confrere during the period of absence
for a just reason. This competence lies absolutely within the resonsibility of the Provincial.
In fede.
Place and date .............................................
……..........................................
(Signature of the Provincial)
———————————————————-
I declare that I have taken note of the conditions attached to the permission granted me.
(I also declare that during the period of absence I freely renounce active and passive
voice). As a sign of my explicit aceptance I sign myself
Place and date ...................................................
……………...............................
(Signature of the confrere)
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APPENDIX A-9
INDULT OF SECULARISATION – MODEL FOR APPLICATION
Most Holy Father,
Place and Date, …………………
I the undersigned ……………………….……, professed member of the Salesian
(name and surname)
Society of St John Bosco since ..……………….....…………..................................................
(date of first profession)
a priest since………………..........… belonging to the Salesian Province of………………….
(date of ordination)
present to Your Holiness the humble request to obtain an indult of Secularisation (“pure et
simpliciter” or “praevio experimento”) so that I may be accepted and incardinated among
the Clergy of the Diocese (Archdiocese) of ………….................……..
The motives which lead me to take this step are mainly the following:
—————————————-
Here the one making the application sincerely expresses the reasons that after suitable dis-
cernment have led to this decision. By way of example the reasons could be among the
following:
– increasing difficulty, becoming more burdensome and insupportable, with community
life, religious discipline, with the practice of poverty or of religious obedience;
– sense of dis-satisfaction and a desire to devote himself to the priestly apostolate in pla-
ces and circumstances different from those in which he has so far been living;
– to need to provide personally for the moral and material assistance of family members
(father, mother, brothers, sisters) elderly or alone and in need…
———————————————-
His Lordship the Bishop (Archbishop) of ……………………is kindly disposed to accept me
(“pure et simpliciter” or “praevia experimento”) among his clergy.
Trusting in the gracious acceptance of this request of mine, I ask Your Holiness for your
fatherly blessing.
Devotedly in Christ
Fr . ..............................................
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APPENDIX A-10
DISMISSAL OF A MEMBER
“Ipso facto” dismissal according to can. 694 §1 no 2
Facsimile of the DECLARATION of the dismissal by the Provincial with his Council:
Province Headed notepaper
DECLARATION OF DISMISSAL
The undersigned Fr………......................................................……………Provincial Superior
of the Salesian Province of…….......................................................................................……
(title of Patron)
with headquarters in……...............................… on …….......................…….called together
(city)
(date)
the Provincial Council in the house of…...................... ……….Councillors were present.
(number)
The Provincial explained to the Councillors that (Fr)…………...................….contracted a
so-called civil marriage at ……......................…..............with Ms …….................………….
(place)
(name and surname of the women)
on ................................... and provided evidence of this.
(date)
The Provincial with his Council noting the proof provided proceeded to the following offi-
cial DECLARATION:
“I DECLARE that the Salesian priest, perpetually professed,……………………………..
is guilty of the offence provided for by can. 694 §1 n2 and therefore in accordance with the
same canon is dismissed “ipso facto” from the Salesian Society.
In fede.
Place and date ..................................................
……………………………
N.N.
Vice Provincial
……………………………..
N.N.
Provincial
……………………………
N.N.
Councillor
…………………………….
N.N.
Provincial Economer
……………………………
N.N.
Councillor
Province Stamp
…………………………………
N.N.
Provincial Secretary
……………………………..
N.N.
Councillor
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APPENDIX A-11
DISMISSAL OF A MEMBER
Examples of a canonical warning
Examples of a CANONICAL WARNING (first and second warning) are provided in view of
the dismissal of a confrere, after he has been given a formal obedience to return to the
community or to desist from a specific course of action contrary to religious discipline (cf.
can. 695 sq).
I.
Dear………………………………………..……………………………...........................………. ,
(name of the member)
with my letter dated …………………………………....…I formally gave you a very precise
(date)
obedience (explain the obedience given).
I am very displeased to observe that you have not obeyed and unfortunately I have not had
any valid explanation from you for your behaviour.
This fact imposes on me the grave obligation of seriously reprimanding you and pointing
out to you the gravity of the position you have adopted, contrary to our Constitutions and
to ecclesiatical laws.
Therefore in accordance with the prescriptions of canon 697 §2 of the Code of Canon Law
and having heard the opinion of my Council, I have to issue you with a first formal canon-
ical warning, cautioning you that dismissal from the Congregation will follow should you
continue with your obstinate disobedience.
I therefore renew the formal command in virtue of the vow of obedience you freely pro-
fessed to……………………..(here the precept of obedience previously given is repeated,
clearly indicating the deadline for it implementation).
Allow me to seriously urge you to consider with all sincerity before God the gravity of the
situation in which you are placed and no longer to resist fulfilling those duties of the reli-
gious life that you freely and publicly assumed. Naturally you have every right and you also
have the duty to present to me personally or in writing any defence you may have. You also
have the right to refer directly to the Rector Major should you consider that you have evi-
dence in your defence to make known to him. But you cannot expect/presume to impose
your point of view on your legitimate superiors.
I assure you of my prayers, so that with the grace of the Lord you may have the humility
and the courage to respond to the demands of your vocation.
Place, date, Stamp of the Province, signature of the Provincial
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II.
Dear……...............................................................…………………………………………
(name of the member)
To my great sorrow I must take note that the precept of obedience I gave you
on………….................. to return to community by.......................................……....…..
(date of the warning
you have not carried out in spite of the canonical warning that the deadline for com-
pliance accompanied it (neither have I received any explanation from you/or; I can-
not accept as justification the reasons that you have given me……………………..).
I must therefore proceed as I previously told you according to the canonical laws and
our Constitutions.
I therefore renew the formal command to return to the House of
………….............…..by…......................………. (all as in the first warning changing the
date of the deadline).
And I issue you with a second formal warning according to can. 697,§2 advising you
that should this new deadline I have given you pass without compliance, further
action will be taken for your dismissal from the Salesian Congregation.
(Words of exhortion etc. as in the previous letters should follow: it is always best to
remind the person of his right to furnish explanations in his own defence.)
Place, date, Stamp of the Province, signature of the Provincial.
N.B. The importance of observing the intervals of time (at least 15 days) mentioned in the
CIC between the deadline of one command and the subsequent warning should be
remembered.
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APPENDIX A-12
“EDICT”
FOR THE DISMISSAL OF A CONFRERE IMPOSSIBLE TO TRACE
Here as an example is a model of an “edict” threatening with a canonical warning (first or
second) a confrere impossible to trace. This edict should be displayed on the private Pro-
vince notice board ane that of the House to which the confrere belongs.
Headed Province Notepaper
TO THE CONFRERE …………………………………......….....……… (surname and name of the confrere)
AND TO ALL THE CONFRERES OF THE PROVINCE «……....……........................……»
WITH HEADQUARTERS IN …................................………
After having received a formal obedience tranferring him from the Salesian house of
................................................ to the house of …………..............on………............……..
and until today…….........…….. (date) has not arrived at his new destination.
All trace of him has been lost and all efforts to locate him have failed.
Therefore, on account of my office, having to oversee religious observance and discipline
I now renew by edict to the confrere (sac) N.N. the formal command in virtue of the vow
of obedience he has taken to go to the Salesian house of…........................................……
(at the address)
(at the address) by and no later than …………................ and to place himself under the
(the date)
authority of Fr………………........................................Rector of that house.
In the meantime on account of the grave disobedience I threaten him for the first ( or sec-
ond) time with a canonical warning in view of his dismissal from the Congregation as long
as he does not desist from conduct contrary to our Rule.
I remind him that he has the right to give reasons for his conduct to me personally or to
the Rector Major.
I invite all confreres who may know the present address of the confrere (sac) N.N. to give
it to me immediately and to tell him about the present warning.
I pray the Lord, that through the intercession of Mary Help of Christians and of St John
Bosco, he may enlighten the confrere and help him to obey, returning to religious discipline
with generosity and without subterfuge.
This document will be placed on the notice board of the Provincial House and of the house
of from today until………………………..
Place and date .................................
Province Stamp
…………………………………
Provincial Secretary
Fr... .....................................
Provincial
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APPENDIX A-13
DISPENSATION FROM PRIESTLY CELIBACY
Here are schemes of documents and declarations and models of questionnaires for the
priest making the request and texts that may be useful for instituting a case for dispensa-
tion from priestly celibacy.
A-13 –1 APPOINTMEMENT OT THE INSTRUCTOR CAUSAE
The undersigned Fr ………...............................................……………Provincial Superior of
the Salesian Province……….....................…. With headquarters in…………....................…
APPOINTS the Salesian confrere Fr……............................................................…………….
Instructor causae in the process of dispensation from priestly celibacy of the Salesian
Fr…..............................…… belonging to the Province of………................................………
With this letter he confers on the Instructor all the faculties for the investigation required
by ecclesiastical law.
In fede.
Place and date ……………...............……
Province Stamp
…..….........…………………………
N.N.
Provincial
A-13-2 APPOINTMENT OF THE NOTARY
The undersigned Fr ………...........................................……………Provincial Superior of the
Salesian Province……….......................…. with headquarters in……….........................……
APPOINTS the confrere ……………...............................................................................…….
to undertake the role of NOTARY in the process of dispensation from priestly celibacy of
the Salesian Fr….........................…… belonging to the Province of………................………
In fede.
Place and date ………………...............…
Province Stamp
…..………………….........…………
N.N.
Provincial
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A-13-3 AUTHENTICATION OF THE COPY OF THE ACTS
The undersigned …………………….................……..in his capacity as Notary, after having
compared the present copy with the original certifies and declares that it is a faithful and
exact copy of the document and is being sent to the Congregation for Divine Worship and
Discipline of the Sacraments in view of the request for dispensation from priestly celibacy
of the Salesian priest …………………
In fede
Place and date .................................
Province Stamp
.. .....................................
Notary
A-13-4 EXAMPLE OF THE QUESTIONNAIRE FOR THE QUESTIONING OF THE
APPLICANT
An example is provided of a questionnaire for the questioning/interrogation of the priest
who requests to be dispensed from (the obligation of) celibacy. Obviously it is only an
example which WILL NEED TO BE ADAPTED to individual cases, with the addition of any
specific questions that may be more useful. Even the questions included here can be cho-
sen to meet the particular case, leaving out those not considered necessary. It should be
remembered that the interrogation has as its foundation the request made by the
priest who asks for a dispensation and who has to clarify his motives and provide dou-
mentation/evidence for them.
Today……...................................…. (day, month, year) in the presence of the undersigned
Fr ………..................….. Provincial Superior of the Salesian Province of………………… (or
else: appointed by the Provincial Superior of the Province of …………. Instructor Causae
in the process for the dispensation from priestly celibacy) in response to an invitation the
Rev Fr ……….................................……SDB, who has submitted a request to the Holy
Father for dispensation from priestly celibacy, presented himself to answer questions
about the motives for his request.
(Rev. Fr.) …………., SDB, acting as notary.
After having declared on oath to tell the truth according to his conscience and before God
the aforementioned priest replied as follows to the questions I put to him:
1) GENERAL INFORMATION
– SURNAME, Name, date and place of birth, date and place of Baptism and Confirma-
tion, Professed in the Salesian Sociaety from ………..........………….......................
Priest from………………....................................….
– Son of………................…….and ……….................……. (state whether the parents are
living or deceased) Family members (brothers and sisters)
– What is the current address (state where and with whom he is living) ?
2) INFORMATION ABOUT THE FAMILY SITUATION
– What was the social, economic, religious situation of the place (town, area) and of the
family during childhood? And at present?
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– What was the family situation in which he grew up? What education did he receive in
the family?
– Studies followed before beginning the Salesian formation programme (indicate the
place and the years of study); and certificates or paper qualifications
3) What is his present juridical status, civilly and ecclesiastically? What is his current
employment (indicate the work he is doing now) ?
COURSE OF FORMATION
4) When and in what circumstances did he get to know the Salesians? When was the first
time he thought of becoming a Salesian and a priest? Did his parents, relatives, or oth-
ers have some influence on his making the decision to enter the Salesian house or
school (aspirantate or other institution) ? What age was he? What understanding did
he have of a “vocation” ?
5) During his youth at home or in school, and in general before entering religious life did
anything happen to disturb in any way his psycho-physical balance or the normal
development of his personality ?
6) Where and in what years did he complete his formation (Novitiate, Postnovitiate, Prac-
tical Training, theological studies)? Describe the formative atmosphere, the Superiors
who guided him, any problems he might have had during formation. What was the
degree of confidence he shared with his Superiors and Spiritual Director?
7) Was the decision to be professed in the Salesian Society taken freely and responsibly,
or was it conditioned by someone or something, or not sufficiently motivated? In this
case, why?
8) During the time of religious and priestly formation, would it be true to say that he
examined at sufficient depth the concept of religious consecration and the ministerial
priesthood and the obligations in life these imply.What practical consequences in life
did these convictions have: the observance of the religious vows, life of prayer, apos-
tolate…
9) Before taking the vows and proceeding to the Sacred Orders did the Superiors exam-
ine him regarding his intentions, his difficulties, the obstacles…Did he have any uncer-
tainty or doubt about the step he was about to take, especially regarding ordination to
the diaconate? Did he confide in his Confessor and Spiritual Director, with the Superi-
ors, with anyone else?
10) If there were difficulties or doubts during the period of formation, how does he now
judge the way in which he resolved them? What were the reasons that led him to go
ahead?
11) In particular with regard to consecrated chastity: to what extent did he value this gift
and obligation? What formation did he have in its regard? During theological studies
did he arrive at a full understanding of the significance of priestly celibacy?
Did he have any particular affective crises during the period of formation? Try to indi-
cate the causes and the ways in which he responded.
Does he think that at the time he went ahead to the diaconate, he had sufficient phys-
ical and psychological maturity to assume the obligations?
12) In general, according to his opinion, are there other reasons that can explain his pres-
ent difficulties?
EXERCISE OF PRIESTLY MINISTRY
13) After priestly ordination, in what houses or communities did he carry out his ministry?
What were the activites entrusted to him by the Superiors? Did he undertake further
specialisation studies after ordination?
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Express some judgement on the way in which he exercised and lived his ministry as a
Salesian priest. What difficulties did he encounter?
CAUSES AND CIRCUMSTANCES OF THE CRISIS
N.B. This point – which refers explicitely to the reasons for his request for a dispensation
– is especially sensitive/delicate and should make clear reference to what he says in the
request addressed to the Holy Father.
14) According to you, what were the remote causes of the crisis which has overtaken you
to the extent that you have asked for dispensation from celibacy and the priestly obli-
gations?
Were they difficulties already present from before entering the Salesian Novitiate? Dif-
ficulties during the period of formation, in particular as regards affective life? Not suf-
ficient maturity or freedom to undertake the obligations of priestly ministry?
15) What were the proximate causes of the crisis? When did you begin to notice the
signs? What did you do to overcome the difficulties and to respond in a positive man-
ner to the crisis? Whom did you consult to get help (Superiors, Spiritual Director con-
fessor, doctors, others)?
16) When did you take the decision to request dispensation from priestly celibacy? What
were the fundamental reasons that led you to take this step?1 Do you consider them
valid? Why?
17) If you are granted the dispensation do you intend to get married? What is your current
situation? Do you really believe that marriage will provide the solution to your prob-
lems? Have you already stopped exercising your priestly ministry?
18) In the place where you are living, where you are working is it known that you are a
priest? Will there be any danger that the granting of a dispensation will create nega-
tive impressions or give rise to scandal ?
19) Do you know that a dispensation is granted “sine spe readmissionis”?
20) Is there anyone who can give testimony about the various stages of your life and about
your problems? Who can confirm what you say and the arguments you present?2
21) Is there anything else you want to add?
At the end of the qustioning session:
The interrogation of the applicant having been concluded, the undersigned Fr ……………..
(Provincial or Instructor causae) re-read the entire statement, gave the applicant the oppor-
tuntity to add to or to correct it as he believed necessary. The applicant ratified and con-
firmed the statement with the following words: “I swear to have told the truth in all of my
statement and I confirm everything that I have said and that is faithfully recorded here.”
Place and date ………………
…………………………….
(Signature of the applicant)
Stamp of the Province
……..........…………………….
(Signature of the Provincial)
……………...…………………
(Signature of the Notary)
1 In this enquiry into the fundamental motives for the request for a dispensation it is especially important to bear in mind
the motives that the priest expresses in this request to the Holy Father to clarify and give futher explanation for them.
2 The priest is asked for the names of people (confreres and others) who can testify about his request for a dispensa-
tion.
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A-13-5 SCHEME FOR THE QUESTIONING OF WITNESSES
There follows a series of questions to be put to witnesses, in the situation where the state-
ment is made during a conversation: and even in this case the questions SHOULD BE
ADAPTED to the individual circumstances.
As mentioned in the book the witness can provide a written statement (appropriately
signed) at the request of the Instructor. In this case, the Instructor can provide a set of
questions, but the written statement should not take the form of a question and answer
session ( as though it were a conversation).
The undersigned, Fr ……………..........................……….Provincial Superior of the Salesian
Province………......................... (or: Instructor causae……………), on …….......……. ques-
tioned ……………….................... so as to have a testimony about Fr ……………............
SDB who has asked for dispensation from priestly celibacy.
Acting as Notary ……………..SDB.
1) GENERAL INFORMATION ABOUT THE WITNESS
– SURNAME, name, date and place of birth…………….
– Professed in the Salesian Society from ……………….(if a Salesian)
– Ordained priest on…………………(if a priest)
– Present address……………………..
– Occupation…………………………
2) Do you swear under oath to tell the truth according to your conscience and before
God?
3) You know Fr……………? For how long? Have you spent time with him? When? What
sort of relationship have you had with him?
4) What opinion did you have of him at the beginning and as time passed?
5) Do you believe that he chose the Salesian life and the priesthood knowingly and
freeely? Or was it under pressure from relatives and/or superiors or conditioned by the
environment or other circumstances?
6) Do you think he had a real vocation and the necessary qualities for it?
7) During the period of formation did it appear to you that ……………. went ahead with
serenity, sure of himself? Or did he show that he had doubts, worries or uncertainty ?
Did it appear to you that he had any crises or difficulties with regard to his vocation,
in particular with regard to chastity or celibacy ?
8) What was his frame of mind when he took the vows and received sacred orders espe-
cially the priesthood ? Do you remember the judgements of the Formation personnel
or Superiors in regard to ……………..?
9) After ordination how did …………… live his priesthood? How did he fulfil his priestly
obligations and carry out his ministry ? What sort of reputation did he enjoy among the
confreres, the youngsters, the people ? What were his relationships with the commu-
nity like?
10) Did his behaviour give rise to gossip, accusations or scandals ? Are you aware of his
having inappropriate relationships or excessive familiarity with women?
11) Do you know that …………… has asked to be dispensed from priestly celibacy? How
did you become aware of it?
12) Post factum, does it appear to you that in the past life of …………….there was any-
thing that could have led one to expect or at least suspect such a decision?
13) Do you know the reasons why ………..is asking for a dispensation? What would be
your judgement about this with reference to his formation process and his life spent in
the Congregation?
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14) In your opinion, is …………….credible in his statements and in the arguments he puts
forward for his request? Has he spoken with you about this problem ?
15) Do you believe that there is any possibility or hope of his returning to the priestly life?
16) …………….has left the community and the exercise of the sacred ministry. Do you
know how he is living in the world?
17) Would the granting of the dispensation and any subsequent marriage cause scandal
in the place where he is living?
18) Do you consider a dispensation necessary and opportune?
19) Have you anything to add ?
Place and date ………………
…………………………….
(Signature of the witness)
Stamp of the Province
……..........…………………….
(Signature of the Provincial)
……………...…………………
(Signature of the Notary)
A-13-6 REPORT (OR FINAL VOTE) OF THE INSTRUCTOR CAUSAE
There follows a proposed draft for a possible report by the Instructor causae for the dis-
pensation from celibacy of a priest. Naturally, this draft needs to be completed and adapt-
ed to the particular case. When the Instructor causae is the Provincial himself, he will put
together the ideas contained in this report and those proposed in the draft A-13-7 (“de rei
veritate”) making a single report.
On………..my Provincial Fr ……………….appointed me Instructor causae for the dispen-
sation from priestly celibacy of the Salesian priest ……………from our Salesian Province
of………..
Having in hand the letter addressed to the Holy Father, I read it and studied it carefully. I
also studied the “curriculum vitae” of the aforementioned priest examining in particular the
judgements made by the relevant Councils regarding the successive admissions to reli-
gious profession, to the ministries and to sacred Orders, from the novitiate until the priest-
hood.
I also read all the applications written by the petitioner for the various admissions.
This preparatory work enabled me to select the appropriate points for further clarification
in our conversation which took place on……………..as can be seen from the enclosed
documentation
I then set out to select those persons who would be able to provide clarifications and tes-
timonies and I asked for their statements (through a conversation or in writing) to verify as
far as I could the validity of the reasons presented by the petitioner in his request.
Now having completed all the work of documentation and study I summarise my opinion
in the following report.
(There follows the report regarding the reasons for the dispensation with the vote of the
Instructor regarding the suitability of granting the dispensation).
Place and date ………………
Stamp
……………...…………………
(Instructor causae)
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A-13-7 FINAL REPORT OF THE PROVINCIAL AND VOTE “DE REI VERITATE”
Here for guidance is a draft of the Provincial’s final report regarding the process for the
dispensation of a priest from celibacy. Since it is only a suggested outline it needs to be
completed and adapted to suit the particular case. It should be noted that the report pre-
supposes that the Provincial has entrusted the procedure to an Instructor causae, but it
can be easily adapted if the Provincial himself has undertaken it.
In………….(specify the time: e.g. October 2002) Fr ……………………..told me of his inten-
tion to give up the priesthood and to ask for dispensation from priestly celibacy.
During the period……………………(specify the period: e.g. 2002/3) I had various conver-
sations with him, and we wrote several letters to each other about the problem, with the
purpose of helping him in his discernment and to see whether there were sufficient
grounds for a request for dispensation from priestly celibacy. (The Provincial mentions
everything that was done to help the priest with his discernment, inviting him to have sec-
ond thoughts before taking such a serious step).
Finally on ………….Fr………………..handed me the formal request addressed to the
Holy Father.
In the conviction that there were sufficient grounds and that therefore I had to allow
the request to proceed, I appointed notary the Salesian confrere …………… and
the Instructor causae Fr…………………………as can be seen from the respective
documents signed on ……….(date) and enclosed in the present file.3
Now that I have to hand all the documentation I have carefully studied the interroga-
tion of the one concerned, the interrogations and the declarations or signed state-
ments of the witnesses, the other documents and the final judgement of the Instruc-
tor causae.4
From the objective assessment of the statements and testimonies, from the serious-
ness with which it has been conducted and from the personal knowledge I have of
the one concerned and of those who have ben involved in the process, I conclude
giving my vote “de rei veritate.”
There is nothing further for me to add. As Provincial I give my vote in favour of the
granting of the dispensation from priestly celibacy and from the obligations of reli-
gious profession to……….in the conviction that doing so is in the best interests of
the petitoner and of the Church, in which he can no longer continue to serve as a
priest and a religious.
In faith.
Place (Provincial headquarters) and date
Stamp
……………...…………………
N.N.
Provincial
3 Should the Provincial himself have been the Instructor, he will write: “In the conviction that there were sufficient
grounds, and that therefore I had to allow the request to proceed, I myself undertook the role of Instructor causae and
appointing “notary” the Salesian confrere…………..as can be seen from the document in the present file.”
4 It is clear that when the Provincial himself has conducted the case this part of the report should be expressed in a dif-
ferent way, since the Provincial will have to give his overall assessment of the case, with his final judgement (as indi-
cated in A-13-6).
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A-13-8 COMMUNICATION OF THE NOTIFICATION OF THE CONCESSION
The undersigned, Fr ………………………………Provincial Superior of the Salesian
Province … …….with headquarters in………………………….declares that on
………….(date) he personally (or: by registered letter ) officially notified
Mr……………………………….about the Rescript of the Congregation for Divine Wor-
ship and the Discipline of the Sacraments, prot. no…. dated…. with which is grant-
ed dispensation from priestly celibacy and the consequent loss of the clerical state,
dispensation from religious vows and the absolution from any canonical penalities.
He also declares:
a. to have let him know clearly and individually all the conditions of the Rescript;
b. to have informed the Ordinary of the place where the person dispensed is at pres-
ent living about the dispensation;
c. to have informed the parish in which the baptism of the dispensed person is reg-
istered according to the information in the archives about the dispensation.
In faith.
Place and date ………………
Stamp
…………………………….
(Provincial Secretary)
……..........…………………….
(Provincial)
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APPENDIX A-14
ACCEPTANCE OF A PARISH – DRAFT OF AN AGREEMENT
The following is a draft of an AGREEMENT between a Bishop and the Provincial for the
acceptance of a Parish. As mentioned in n.126, before the definitive signing of the agree-
ment the draft needs to be submitted for examination to the Rector Major and his Council.
Between the Diocese of ……………………….in the person of Mgr…………… bishop of the
diocese and the Salesian Society of St John Bosco, a clerical religious institute with head-
quarters in Rome, legitimately represented by Rev Fr …………………Provincial Superior of
the Province with headquarters in ………………..with the approval of the Rector Major, this
present AGREEMENT is signed in accordance with can. 520, for the entrustment of the
parish of…………..
1. The diocesan Bishop ………………….entrusts to the Salesian Society of St John
Bosco who in the person of the Provincial Superior according to the Constitutions of
the same Society accepts the pastoral care of the parish of…………………..estab-
lished at ……………… with the conditions described in the Decree regarding its
boundaries (appendix A) and in the situation of fact and law in which it is found.
2. The Salesian Provincial agrees to assign to the parish a parish priest and at least
……full time assistants, to attend to the pastoral care of the faithful, and he may send
there other religious on a part time basis. Their appointment and their transfer are reg-
ulated by the proper law of the Institute subject to what is said in n 3; nevertheless the
Provincial agrees to provide the personnel with a certain stability of tenure and to bear
in mind the pastoral needs of the parish in making any transfer.
3. The appoinment and the removal of the parish priest and the assistants are regulated
by can. 682 of CIC.
4. The parish, a certain community of the faithful stably established within a particular
Church, has juridical personality. Distinct from this is the juridical personality of the
local community of the Salesians attached to the parish.
The parties agree that:
(there are two possibilities that can be specified:)
a. the religious who minister to the parish live together in a community, canonically
erected according to law; this will have its own Superior appointed according to the
Salesian Constitutions, and as regards pastoral ministry will operate according to
can 678;
b. the religious who minister to the parish form part of a larger community with other
activities; they maintain their links with the community, obey the Superior accord-
ing to the Constitutions of the Society, and as regards their pastoral ministry oper-
ate according to can. 678.
5. The parish is directed and animated by the parish priest, who coordinates all the parish
activities according to the directives of the diocesan ordinary to whom he is personal-
ly responsible for its pastoral care, without prejuduce to can 678. The religious
assigned to the pastoral care of the parish exercise their ministry in harmony with the
pastoral policy of the diocese, in the spirit and in the style proper to the Salesian Soci-
ety, in fraternal collaboration with the religious of the Salesian community, with the
diocesan clergy, with other religious and members of Institutes of consecrated life and
with the lay people apostolically engaged in the diocese.
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6. The Bishop recognises that the presence of the Salesians in the diocese constitutes
for it a special blessing. He therefore encourages the Salesians assigned to the parish
to express their own charismatic identity through the witness of fraternal life and fideli-
ty to the spirit of the Institute in pastoral activity, gaving special attention to pastoral
work with the young, fostering particular activities of a promotional and educational
nature, animating groups that draw on the methods of Don Bosco for their inspiration,
cultivating vocations for the whole Church and for their own Institute.
7. The parish priest and the parish assistants have the same obligations and the same
rights as the diocesan priests, regarding both the pastoral practice of the parish and
the administration of goods, in respect of canonical norms and those of their own law.
8. The parties mutually acknowledge that the church and the parish buildings, clearly
indicated in the accompanying plan (appendix B) are the property of ………..(indicate
the proprietor of the building: diocese, parish, religious institute, other ecclesiatical or
public body or juricial or physical person …) and are made available without charge (or
specify other conditions ) to the parish with the obligation of safekeeping and main-
tenance. The furnishings and movable furniture of the church are the property
of………………….( according to what is indicated in the inventory (appendix C)
9. The financial administration of the parish will be carried out according to canonical leg-
islation and diocesan norms. Such finanacial administration will be totally distinct from
the administration of the goods of the religious community. According to diocesan reg-
ulations the parish budgets and final accounts will be submitted to the competent cur-
ial office without prejudice to the right of oversight by the religious Superior (can.678)
10. Offerings given by the faithful belong to the parish (administration/funds) (cf, . canon
1267 §1), unless the donor expresses some other intention.
In the case where the church has a pastoral function different from a parochial service
(e.g. sanctuary, interparish services etc.) the destination of the other offerings should
be specified in the Agreement, with the consent of both parties.1
All the ordinary maintenance costs of the church and the parish property, the cost of
services (water, electricity, gas, telephone…) and the expenses of the personnel
attached to the parish property, expenses for parish activities and contributions to the
diocese are to come out of parish funds.
11. The remuneration of religious assigned to the parish full-time will be according to the
norms presescribed for the support of the clergy at diocesan level. For religious
engaged part-time the provision will be……………. (specify).
The stipends received for the personal support of the parish priest and assistants
whether full-time or part-time, belong to the religious community’s funds. So too do
the offerings for Holy Masses celebrated by the individual religious. The offerings for
binated masses will be given to the religious ordinary.
The personal expenses of the religious2, expenses for food, accommodation, common
life, those things, that is, related to the living expenses of the religious are to come out
of the funds of the religious house.
12a When the church and the buildings are the property of the religious institute: extraor-
dinary work on the church and the parish property will be paid for from the offerings
of the faithful, on the previous understanding with the diocesan ordinary and the rele-
vant religious superior, according to the Constitutions. (Other norms can be introduced
for churches and property of particular value for the Institute).
1 If the church also has other pastoral functions distinct from its pastoral service (e.g. sanctuary, interparish services etc.)
the criteria to follow regarding offerings is that to be drawn from can. 1267,1 (general application):
– these go to the parish which are given on account of a service proper to the parish;
– those are considered to be for the “sanctuary-church” or for any special service provided in other cases.
2 Personal expenses of the religious are, for example, such things as insurance payments, medical and hospital expens-
es, costs of attending days or courses of religious updating…
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12b. When the church and the buildings are not the property of the religious institute but
of the Curia or of a parish body: extraordinary work on the church and parish proper-
ty will be undertaken by the parish priest with the written permission of the diocesan
ordinary. The religious community will enjoy the use of the parish house: expenses for
the ordinary maintenance of the parish house and for community management will be
paid for by the religious community; expenses for extraordinary maintenance of the
parish house will be paid for out of parish funds.
12c. When the church and the buildings are the property of other bodies (the State, local
authority, private persons etc.) if these have a contract with the institute, things are reg-
ulated according to what is said in 12a; if they have a contract with the diocese, things
are regulated according to what is said in 12b.
13. The entrustment of the parish to the Salesian Society according to the aforementioned
conditions is agreed to come into effect from ……
– in perpetuity
– or: for an unspecified time: it can be cancelled on the part of the Salesians or of the
diocese with at least one year’s notice;
– or: for………….years ; and it will be automatically renewed unless there has been an
explicit declaration to the contrary.
(There can be added for parishes which have already been entrusted and for which the
Agreement is being re-made:
The parties acknowledge that the parish has already been entrusted to the Salesians in the
past, from the year:………….),
The present Agreement can be modified at any time with the consent of both parties.
Place and date ………………
…………………………….
(Salesian Provincial)
……..........…………………….
(Diocesan Bishop)
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APPENDIX A-15
STATISTICS AT THE END OF THE YEAR (“FLASH”)
Here is the «FLASH ON 31 DECEMBER» document which gives the statistical data of the Province at
the end of the year.
Movement of Salesian personnel
from 1st January to 31 December......................, in the Province ............................................................................................
N = Novices
L = (Lay) Brothers
D = (Permanent) Deacons
S = Clerics and Deacons ( not permanent)
P = Priests
1. NOVICES
1.0 As given on 31 December ……. (previous year) ...............................................
1.1 Novices who entered during the year (between 1st Jan. and 31 Dec.) ...............
1.2 Novices who left during the year .........................................................................
1.3 Novices who died ................................................................................................
1.4 Novices who made their first profession .............................................................
1.5 Present on 31 December ……………. (current year) .......................................
2. TEMPORARILY PROFESSED
2.0 As given on 31 December …………. (previous year) .........................................
2.1 New temporarily professed..................................................................................
2.2 Changed to clerical or lay state ...........................................................................
2.3 Transferred to another Province...........................................................................
2.4 Coming from another Province or re-admitted....................................................
2.5 Dispensed from vows ..........................................................................................
2.6 Leaving at the expiry of vows ..............................................................................
2.7 Deceased .............................................................................................................
2.8 New perpetually professed ..................................................................................
2.9 Present on 31 December………………. (current year) ....................................
3. PERPETUALLY PROFESSED
3.0 As given on 31 December …………. (previous year) ..........................................
3.1 New perpetually professed ..................................................................................
3.2 New priests ..........................................................................................................
3.3 New permanent deacons.....................................................................................
3.4 Changed to clerical or lay state ...........................................................................
3.5 Appointed Bishops...............................................................................................
3.6 Passed to another religious Institute ...................................................................
3.7 Transferred to another Province...........................................................................
3.8 Coming from another Province or re-admitted....................................................
3.9 Dispensed from vows ..........................................................................................
3.10 Dispensed from priestly celibacy (or diaconal)....................................................
3.11 Secularised (entered the diocesan clergy)...........................................................
3.12 Dimissed ..............................................................................................................
3.13 Deceased .............................................................................................................
3.14 Present on 31 December ……….. (current year) .............................................
General Total:

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4. PEOPLE IN FORMATION
PRENOVICES .............................................................................................Total:
PROFESSED ........................................................................................................
Postnovices..........................................................................................................
In practical training ..............................................................................................
Students of theology............................................................................................
University Students (1) .........................................................................................
5. AGE OF THE CONFRERES
< -20.....................................................................................................................
21-25 ....................................................................................................................
26-30 ....................................................................................................................
31-35 ....................................................................................................................
36-40 ....................................................................................................................
41-45 ....................................................................................................................
46-50 ....................................................................................................................
51-55 ....................................................................................................................
56-60 ....................................................................................................................
61-65 ....................................................................................................................
66-70 ....................................................................................................................
71-75 ....................................................................................................................
76-80 ....................................................................................................................
81-> ......................................................................................................................
Total
6. TERRITORIAL EXTENSION OF THE PROVINCE:
Countries ............................................................................
...........................................................................................
...........................................................................................
...........................................................................................
...........................................................................................
...........................................................................................
...........................................................................................
...........................................................................................
...........................................................................................
Total
houses
(1) Here are indicated the students in ecclesiastical or civil Universities, even though they may already have been numbered
among the groups (postnovices, practical trainees or theologians)
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EXPLANATORY NOTES
NOVICES
1.0 The exact number of Novices from one’s own Province as at the end of the previous
year should be given.
1.1 Novices who entered during the year (between 1 January and December).
1.2 Novices who left the Novitiate during the year. Give their names. on a separate sheet
of paper.
1.3 Any Novices who may have died during the year.
1.4 Novices from one’s own Province who made their first profession.
1.5 Number of Novices from one’s own Province present in the Novitiate on 31 Decem-
ber (also those who may be doing their Novitiate outside the Province).
Notes: It should be noted that the list refers to the Novices from one’s own Province (also
those who may be doing their Novitiate in another Province).
It should also be noted that for the Novices the total number should be given without
distinguishing between categories (brothers, clerics permanent deacons, priests).
TEMPORARILY PROFESSED
2.0 The same data provided in Flash the previous year should be faithfully given.
2.1 The new temporarily professed during the year should be given: this is the data
already given in total in n. 1.4, but here they are put into categories (brothers, clerics,
permanent deacons, priests).
2.2 For an explanation see note (1). Give their names on a separate sheet of paper.
2.3 The number of the temporarily professed transferred to another Province either defin-
itively with the authorisation of the Rector Major, or temporarily by an agreement
between the Provincials concerned. Give the names of the confreres transferred
apart.
2.4 The number of the temporarily professed who have come into the Province (for the
same reasons given in n. 2.3, that is, by definitive or temporary transfer, with the
exception of those for reasons of study or sickness) and of the professed re-admitted
into the Congregation without repeating the Novitiate (with the authorisation of the
Rector Major). Give their names apart. (It should be noted that regularly confreres who
are re-admitted into the Congregation make a temporary profession before being
admitted to perpetual profession)
2.5 Confreres dispensed from the vows by the Rector Major during the year. All the dis-
pensed confreres should be indicated, but it should be remembered to send the
acceptance of the dispensation as soon as possible.
2.6 Temporarily professed who left at the expiry of their vows (either because they did not
apply to renew them or because they were not admitted). Only those confreres are
indicated whose vows have already expired. Their names (which should already have
been communicated to the General Secretariat on the appropriate form) should be
listed apart.
2.7 Any temporarily professed who may have died during the year.
2.8 Temporarily professed confreres who have made their perpetual profession.
2.9 This line gives the algebraic sum of lines 2.0 to 2.8.
PERPETUALLY PROFESED
3.0 The same data provided in Flash the previous year should be faithfully given.
3.1 Give the same data as in n. 2.8.
3.2 The number of the non-permanent Deacons (S) or permanent Deacons (D) who have
been ordained priests. The number of the deacons is subtracted from the number of
clerics (S) or permanent deacons (D) and added to that of the priests (P). For example:
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3.3 Brothers or clerics who have received the permanent deaconate. In this case the
number of the new deacons is subtracted from the number of the brothers (L) or of
the clerics (S) and added to that of the permanent deacons (D). For example:
It should be noted that the clerics who have received the diaconate in view of the
priesthood are not counted here: they remain clerics (S). The names of permanent
deacons ordained during the year should be indicated apart.
3.4 For an explanation see note (1). Give their names on a page apart.
3.5 Priest confreres who during the year have been appointed Bishops.
3.6 Perpetually professed confreres who during the year have passed to another reli-
gious Institute (or Society of apostolic life).
3.7 The number of the perpetually professed who have transferred to another Province
either definitively by a decision of the Rector Major, or temporarily by agreement
between the Provincials concerned (see the explanation to n. 2.3). Give the names of
the confreres transferred apart.
3.8 The number of the confreres who have come into the Province from another (either by
definitive or temporary transfer, except in the case of study or sickness) and of the
confreres who have returned to the Province from previous transfers. The names of
these confreres should be given apart.
3.9 Perpetually professed (brothers or clerics) dispensed from vows. All those dispensed
during the year should be indicated, remembering that their acceptance of the dis-
pensation should be immediately communicated.
3.10 Priests or deacons who have obtained a dispensation from ecclesiastical celibacy fol-
lowing a Rescript of the Holy See. Only those priests (or deacons) who have received
the rescript of dispensation and have not previously been dismissed should be indi-
cated.
3.11 Priests or deacons who have entered a Diocese definitively: either because a decree of
incardination has been issued, or because of the end of the period of experiment (for
those who were secularised “ad experimentum”). It should be remembered that those
secularised “ad experimentum” during the periof of experiment have the status of the
“exclaustrated”. For those who have received secularisation “pure et simpliciter,” it is
necessary that a decree of incardination be issued on behalf of the Bishop.
3.12 The number of the confreres who have been dismissed either by can. 694 («ipso fac-
to») (when the declaration by the Provincial and his Council has been issued) or by a
decree of the Rector Major (ratified by the Apostolic See).
3.13 The number of the perpetually professed deceased during the year.
3.14 This line contains the algebraic sum of the previous lines (from 3.0 to 3.13) and gives
the total number of the perpetually professed on 31 December of the current year.
Note (1) If a cleric becomes a brother he should be subtracted from the number of the cle-
rics (S) and added to the number of the brothers (L). Viceversa in the case of a broth-
er becoming a cleric.
Exemples:
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CONCLUDING NOTES:
1. As has been mentioned in the explanation for the various lines, a sheet should be
added to the Flash giving the names of confreres who during the year have been in
particular situations (transfers, re-admissions, leaving in different ways, deaths), clear-
ly indicating the line which is being referred to.
For convenience here are the entries referred to (with the list of names):
1.2 Novices who left during the year: ..............
1.3 Novices who died during the year: ..............
2.2 Temporarily professed clerics changing to brothers: ..............
Temporarily professed brother changing to clerics: ..............
2.3 Temporarily professed transferred: ………to the Province …………….
.........…… to the Province …………….
2.4 Temporarily professed coming in
................... from the Province: ………..
........…….. from the Province …………..
Re-admitted into the Congregation: ………………
2.5 Temporarily professed dispensed from vows: …………….. date ………………
2.6 Professed leaving at the expiry of vows: ………………. date ………………….
2.7 Temporarily professed deceased: .................
3.4 Perpetually professed clerics changing to brothers: ...........……..
Perpetually professed brothers changing to clerics: ...........………
3.5 Priests appointed Bishops: ................
3.6 Passed to another Institute: ……………. to the Institute …………….
3.7 Professed transferred: ………………. to the Province …………………..
3.8 Professed coming in: …………….
from the Province ………………….
...........……..
from the Diocese ……………………
3.9 Clerics or brothers dispensed from vows: ……………….. date ………………
3.10 Priests (or deacons) dispensed from celibacy: …………….. date ………………
3.11 Priests secularised: ……………….. in the Diocese …………… (date of the
decree or the end of the period “ad experimentum”)
3.12 Confreres dismissed: ……………. date …………………
3.13 Perpetually professed deceased: …………….. date ……………….
2. On the second (reverse) page of the Flash some information is recorded regarding:
personnel in formation, ages and the territorial division of the Province (when a
Province includes more than one country)1. In drawing up the account of the territori-
al division it is important to check that the totals correspond with those indicated on
the first page of the Flash.
3. Together with the Flash (statistical data) it would be as well to send the list of the
confreres in the Province divided according to categories (temporarily professed:
brothers, clerics, any permanent deacons and priests; perpetually professed: broth-
ers, clerics, permanent deacons, priests). In the list are included the confreres who are
living and working in the Province, also those who are transferred only temporarily
(except for study oi sickness); also to be included are confreres in an irregular situa-
tion, but whose cases have not yet been concluded by separation from the Society
(beside the names of these irregular confreres their situation could be indicated:
absent, the request for DCS or secularisation or their dimissal is in progress, etc ...).
Confreres who have already left (the process having been completed), and confreres
transferred to another Province, even temporarily (except for study or sickness)
should not be included.
4. Two copies of the Flash should be made: one for the General Segretariat and one for
the Provincial Archives.
5. The date for sending in the Flash is by and not later than 10 January each year.
1 Each year the Holy See asks for statistics about religious divided into “countries.” It is therefore important that the territorial division (pre-
cisely by countries) of the personnel in the Province when this covers more than one country is completed.
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APPENDIX A-16
PERSONAL DETAILS FORM FOR CONFRERES
Here is an example of the form for the personal details of each confrere as used in the Cen-
tral Archives of the Congregation (printed from the data in the computer). This example
may be useful to see the essential details that are preserved at central level. In each Pro-
vince the form will be completed with local information.
The form is in two parts: a) personal details; b) Salesian history (principal items from the
«curriculum vitae»).
SALESIAN CENTRAL REGISTRY
Individual register form
.....C..o..d..e........ SURNAME NAME ......L../.S../.D../.P..
Born ........................... at ............................................., diocese of ..........................................................
Belonging to the community of ........................................... (but with radical incardination in ................)
Belonging to the community of ........................................................... from........................................
E-mail ..............................................................
Novitiate
House
...................................
from
to
Note
.................. ..................
Professions
Date
.......................
.......................
.......................
.......................
Kind
...................................
...................................
...................................
...................................
Place
Note
.........................
.........................
.........................
.........................
Ordinations
Date
.......................
.......................
.......................
.......................
Kind
...................................
...................................
...................................
...................................
Place
Note
.........................
.........................
.........................
.........................
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Resident in the community
from
.......................
.......................
.......................
.......................
to
House
.......................... ..........................................................................
.......................... ...........................................................................
.......................... ...........................................................................
......................... ...........................................................................
Note
Responsibilities in community
from
.......................
.......................
.......................
to
Responsibility House
Note
.......................... ......................... .......................................................
.......................... ......................... ......................................................
.......................... ........................ .......................................................
Responsibilities in the Province
from
.......................
to
Responsibility Province
Note
.......................... ......................... .......................................................
Responsibilities in the Congregation
from
.......................
to
Responsibility Note
.......................... .........................
General Notes:
........................................................
.......................................................
.......................................................
........................................................
........................................................
Ecclesial Degrees:
Date
Title
City
Institute
................ .................................. ......................... ................
Civil Degrees:
Date
Title
City
Institute
................ .................................. ......................... ................
Languages known: .......................................
Family details:
Father.......................................... Mother...............................................
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APPENDIX A-17
FORM FOR EACH HOUSE
Here for information is the form for each house as used in the Central Archives of the Con-
gregation.
SALESIAN CENTRAL REGISTRY
House register form
Code NAME OF THE HOUSE
Diocese of..................................... Dedicated to ...................................
When activities began .............................................. Date of canonical erection .....................................
Belongs to the Province of ..................................................................... from ..........................................
Postal Address: ........................................................................................................................................
Current information
....................................................................................................................................................................
Activities: Oratory Youth Centre, School, Parish etc.
Historicl background:
...............................................................................................................................................
....................................................................................................................................................................
Means of communication
Kind
Telephon
Telephon
Fax
E-mail
E-mail
Web
Telex
Bank Account
Number etc.
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
Description
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
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Posts of Responsibility
Post
Name
from
Note
Rector
....................................................... ........................
Vice Rector ....................................................... ........................
Bursar/etc. ....................................................... ........................
Councillor ....................................................... ........................
Parish Priest ....................................................... ........................
Members of the Community
Name
from
............................................................ ...............................
............................................................ ...............................
............................................................ ...............................
............................................................ ...............................
............................................................ ...............................
............................................................ ...............................
............................................................ ...............................
............................................................ ...............................
............................................................ ..............................
Note
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APPENDIX A-18
FORM FOR THE CENTRAL ARCHIVES
Here is a copy of the form for dicuments as used in the Salesian Central Archives with the rele-
vant explanations
SALESIAN CENTRAL ARCHIVES
Collocaz. XXXX/XX/XX Classificaz. XXXXX
Tipo Docum. XX/X Data XX-XX-XXXX
Luogo XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Riferimento ad altri archivi XXXXXXXXXXX
Autore/i XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Destinatario/i XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Titolo/Regesto
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Supporto XX
N. XXXX
Presentazione X
Autenticità X
Pubblicato X
Chiavi: XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX
Chiavi: XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX
Chiavi: XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX
——————————————————————————————————————————
EXPLANATION
Collocazione (Location): the first four numbers refer to the box or volume; the next two refer to
the folder or file or to the envelope inside the box; the last two numbers refer to the document.
The numbers of the boxes go from A000 to A999 for the first thousand up to z000-z999 for the
25th thousand. Fom the 26th to the 50th thousand the alphabetical letter is put at the end: 000A-
999A, 000Z-999Z.
Classificazione (Classification): refers to the list of Titles and uses a alpha-numerical code of
no more than 6 numbers or letters (e.g. Giovanni Bosco 78A001)
Tipo (Type): indicates with two letters whether dealing with Correspondence (CO), Report (RO),
etc.: see the appropriate list of abbreviations. The third box is to indicate the key to access
reserved of secret documents.
Data (Date): not more than 6 numbers.
Riferimento (Reference): here are indicated other Archives where the document may be found,
especially if the document preserved in the Salesian Central Archives is not the original.
Titolo e/o Regesto (Title and/or registration): refers to the title of the document (if it has one)
and/or to the subject matter, in summary form (within the limit of the three lines indicated).
Supporto (Form): indicates with two letters whether it is a handwritten Manuscript (Ms), type-
written (Dt), printed (ST), drawing or design by hand (Gr), audio/video recording (Rg), photocopy
(Ft).
N° p/f/c/n: refers to the number of the page (on two sides), of the sheet (on only one side), of
the papers, or tapes or cassettes.
Presentazione (Presentation): indicates with the lettera L bound sheets/pages, with the letter
S loose sheets/pages.
Autenticità (Authenticity): the letter o indicates Original MS and the letter a Autograph.
Chiavi (Keys): are the alpha-numerical words or code numbers used in the Classification or the
list of Titles, which make it possible to search for the document according to its various con-
tents.
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ANALYTICAL INDEX
Absence
— during the Novitiate 56; permission for ‘absence from the Religious House’ giv-
en by the Provincial (for a year) 91; illegitimate absence as reason for dismissal
107; sample of document granting absence from the religious house APPENDIX
A-8
Acolyte - ministry
— admission to ministry of — 74; interval between — and diaconate 76
Actuary
see: notary
Administration
— of temporal goods 149; extraordinary operations (authorised by the Rector
Major) 150-152; purchase of immovable goods 153; alienation of immovable
goods 154; loans and borrowings 155; accepting inheritances, bequests, donations
156; demolition of existing buildings, construction of new ones, important alter-
ations to a House 157; life annuities, scholarships, Mass obligations or founda-
tions 158; other requirements according to regulations 159-163; economic rela-
tions between Salesian House and Salesian parish 163; canonical norms regard-
ing inheritances, legacies, donations and other ‘pious dispositions’ 164
Administrator
See Economer
Admissions
— to the Prenovitiate 43; — to the novitiate 52-54; — to first profession 62; — to
renewal of temporary profession 64; — to perpetual profession 66; — to the min-
istries of Reader and Acolyte 74; to the Diaconate 79; to the Priesthood 85
Age
— minimum for the Novitiate 52; — minimum for first profession 61; — for
priesthood 84
Agreement
— with the diocesan Bishop for accepting a parish 126, 163; — with the ecclesial
or civil institution for confreres who work there 136; — with the diocesan Bishop
for each work entrusted by the Bishop to the Religious 141
Alterations
see: Modifications
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Annuario (Year Book)
— general list of confreres and Houses 171
Anticipation
— of first profession 60; — of renewal of temporary profession 64; — of perpetu-
al profession 67
Apostolic See
competence of — for re-admission of a member previously dismissed 72; compe-
tence of — for prolonging the Indult of exclaustration 92; for imposing exclaus-
tration 93; for secularisation of a Religious 97; for dispensing from the diaconate
98; for dispensing from priestly celibacy 99ff; ratification of dismissal by — 108;
relationships with the — (Roman Congregations) 175
Appointment
— of Provincial 9; — of Provincial Councillors 15-16; — of the Moderator of the
Provincial Chapter 32; — of the Provincial Secretary 42; — of the Director of
Novices 50; — of the Rector of a House 118-120; — of the Vice rector 121; — of
the local economer (bursar, administrator, treasurer..) 122; — of the members of
the Council of the community 123; — of a religious to an ecclesiastical office 141
Approval
— of the appointment of the Director of novices 50; — of the appointment of the
Rector by the RM 118-120; — of the Delegate for a Provincial Delegation 131;
authorisation of the Rector Major for economic, financial operations 150, 152
Arrangement
— of the provincial archive 187
Archives
importance of the archives for our Society 181; — historical, current and ‘secret’
182; responsibility for — provincial 40, 183; in charge of — local 184; contents of
— provincial 185 contents of — local 186; arrangement of — 187; preservation of
materials of — 188-189; forms used in — Salesian Central APPENDIX A-18
Assignment
— of a member to a House 125; of a member to a Province 133
Authority
service of — for putting into place community norms 4; — of the Provincial as
Major Superior and Religious Ordinary 5; particular faculties of the Provincial as
Religious Ordinary 137-147
Bequests
See Legacies
Bishop
consent of — diocesan for erection of a House 115; agreement between the — and
Provincial for accepting a parish 126; — relationships between — Provincial for
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the apostolate of the professed 141; competence of diocesan —, for blessing of
churches 142; visit of — during pastoral visitation 141
see also: Ordinary of the place
Brothers
presence of — in Chapters and Councils 31; request by — to become a permanent
deacon or priest 83
Buildings
procedure for demolition of -, construction of new -, alteration to — 157
Bursar
See Economer
Canonical erection
— of a House 115; — of a Province 128; — of a Vice-Province 129; — of a Cir-
cumscription by special statute 130; — of a Provincial Delegation 131
Celebration
— of profession 69
Changes
see: Modifications
Chapel
see: Place of worship
Circumscription
— special statute 130; assignment of a member to a — juridical circumscription
of the Society 133; transfer of a member from — to another 134-135
see: Province, Vice-Province
Chronicle
— of the House in the local archives 186; summary — of the House (to be sent to
the General Secretariat) 170
Closure
— canonical closure of a House 127; — of a Province 128; documentation of sup-
pressed Houses to be transferred to provincial archives 185 note; 187 note
Coadjutors
See Brothers
Communication
provincial secretary and communication 39; — between Provincial and General
Council 165; — between Provincial and Regional Councillor 166; — of General
Secretariat to the Provinces 167; — of documents regarding each confrere 168; —
of the death of a confrere 169; — of important events in the Houses 170; — of
important events in the Province 174
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Community
elections for Provincial Chapter in — local 27, 29; elections in — provincial 28, 29;
opinion of — local, for admission to perpetual profession 66; opinion of — local,
for admission to Diaconate 79; opinion of — local, for admission to Priesthood
see also Salesian House
Conditions
— for admission to the Novitiate 52; — for validity of first profession 61; — for
request for dispensation from priestly celibacy 100; — for canonical erection of a
Vice-Province 129; — conditions for erecting a circumscription by special statute
130; — for setting up a Provincial Delegation
see also: Requirements, Qualities
Confession
see Penance
Confirmation
— of the Director of novices 51; — of the Rector for a second triennium in the
same House 119; — of a Rector for a third triennium (and beyond) 120
Consent
meaning of ‘consent’ that superiors must ask of the Council 18; cases in which it
is required — of the provincial council 19
Constitutions
— fundamental code of the Society 3
Construction
of new buildings 157
Consultation
— for appointment of the Provincial 9; — for appointment of provincial council-
lors 16; for appointment of Rector 118; — for the erection of a Province 128; —
for the erection of a Vice-Province 129; — for the appointment of the Delegate for
a Provincial Delegation 131
Contract
See Agreement
Contribution
— annual, from each House to the Province 160
Curriculum
opportunity to keep in mind all of — formational, for admission to perpetual pro-
fession 66; for admission to Diaconate 79, for admission to Priesthood 85; —
necessity for exclaustration procedures 92; — for procedures for dispensation
from vows 95-96; — for procedures for secularisation 97; — for procedures for
dispensation from the diaconate 98; — for the procedures for dispensation from
priestly celibacy 102; essential elements to include in the ‘curriculum vitae’
APPENDIX A-5
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Date
manner of — for documents 179
Daughters of Mary Help of Christians
duty of Provincial with regard to — 6
Death
notification of the death of a confrere 169 (form APPENDIX A-4); mortuary letter
169
Declaration
— of dismissal ‘ipso facto’ 105; sample of — dismissal ‘ipso facto’ APPENDIX A-
10
Decree
— for carrying out secularisation ‘praevio experimento’ 97; — for incardination
97; — for dismissal 109
Delegate/s
delegates elected by the Provincial Chapter for the General Chapter 22; ‘Delegate
of the Provincial' for a Provincial Delegation 131
Delegation
— provincial 131
Diaconate
requirements for admission to — 78; admission to — 79; dimissorial letters 80
(formula APPENDIX A-6); documentation 81; exercise of the ministry of dia-
conate 82; permanent diaconate 83; dispensation from — 98
Dimissorial Letters
— for ordination to diaconate 80; — for priestly ordination 86; form for —
APPENDIX A-6
Director
See Rector
Director of Novices
appointment of — 50; duration of office of — 51; possible reconfirmation of — 51
Directory
general directories and provincial directories in our proper law 3; competence of
the Provincial Chapter concerning the provincial directory 22; norms that the
provincial directory must establish concerning prenovitiate 43,45:
Dismissal
— of a novice 57; — from the Society: various kinds 104; —'ipso facto' 105; —
'obligatory' 106; -decreed by the Superior General 107-111; reasons for — 107;
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procedure for — 108; notification of decree of — 109; effects of — 110; notes con-
cerning procedural nature 111; sample of declaration of dismissal ‘ipso facto’
APPENDIX A-10; models of ‘canonical warning’ APPENDIX A-11; model of ‘edict’
for dismissing an impossible to find confrere APPENDIX A-12
Dispensation
— from temporary profession 95; — from perpetual profession 96; — from dia-
conate 98; — from priestly celibacy 99-103; conditions 100; procedure to follow
101; required documents 102; notification of dispensation from celibacy 103; —
from private vows 140; — from disciplinary laws 147; — from fasting and absti-
nence 147; — from the Liturgy of the Hours 147; models of procedure for dis-
pensation from priestly celibacy APPENDIX A-13
Documentation
— necessary for admission to Novitiate 53; attesting to admission to Novitiate (in
triplicate) 54; — of first profession 63; — of temporary professions 64; of perpet-
ual profession 68; — of conferring of ministries 77; of ordination to diaconate 81;
— of priestly ordination 87; — for obtaining the Indult of Exclaustration 92; — for
dispensation from temporary profession 95; — for dispensation from perpetual
profession 96; — for obtaining the Indult of secularisation 97; — for dispensation
from diaconate 98; — for dispensation from priestly celibacy 102; — for dismissal
from the Society (decreed by the Superior General) 108; — that the Secretariat
Provincial must send for each confrere 168-169; — that the Provincial Secretari-
at must send for each community 170; — that the Provincial Secretariat must
send for the Province 171-173; list of forms for the — to be kept in the central
Archives APPENDIX A-1
Donations
— of immovable goods 154; accepting — 156; canonical norms concerning dona-
tions 164
Duration
— in office as Provincial 11; — in office as Provincial Councillors 17; — in office
as provincial secretary 42; — in office as Director of Novices 51; — of Prenovitiate
46; — of Novitiate 55; — of period of temporary profession 59; — of preparation
for perpetual profession 65
Economic operations
— for which the authorisation of the Rector Major with his Council is required
150; limits of competence of the Provincial for — 151; procedure to follow for —
152
Economy
see: Administration
Economer (bursar/administrator/treasurer...)
— provincial: procedure for appointment of 15-16; — local; appointment of 122;
— provincial: responsible for the administration of goods together with the
Provincial 149
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Educative and pastoral project
tasks of the Provincial Chapter regarding — 22;
Elenco (General List of the Society)
see: Annuario
Elections
procedure for the — to Provincial Chapter at level of each House 27; procedure
for the — to the Provincial Chapter at Province level 28; participants in elections
for the Provincial Chapter 29
Enrolment
See Assignment
Exclaustration
— granted by the Rector Major (up to three years) 92; prolonging exclaustration
granted by the Apostolic See 92; — imposed by the Apostolic See 93
Exercise
— of the ministries of Reader (Lector) and Acolyte 76; — of Diaconate 82
Exonoration
— of a provincial councillor during office 17
Expulsion
— of a confrere from the community in urgent cases 113
see also Dismissal
Faculty
— particular for Provincial, from CIC 137-148
Flash
— statistics on 31 December each year 172; formula for — APPENDIX A-15
FMA
See Daughters of Mary Help of Christians
Foundations
setting up particular — 158
Forms
list of — in use for the Archives APPENDIX A-1; — FOR ADMISSION TO THE
Novitiate APPENDIX A-2; — for communicating the departure of a confrere after
temporary vows have elapsed APPENDIX A-3; — for notifying the death of a con-
frere APPENDIX A-4; — for the FLASH (statistics at end of year) APPENDIX A-15
General Chapter
tasks of the Provincial Chapter regarding — 22; Acts of — to be kept in provincial
archives and in local archives 185-186
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History
importance of the archives for — 181; — of the Province, to be kept in the provin-
cial archives 185.187; — of the House, to be kept in the local archives 186
Immovable goods
extraordinary operations concerning — 150, 151; procedure for asking authorisa-
tion from RM 152; purchase of — 153; alienation of — obligations attached or
gratuitous 154; see also: Administration
Impediments
— to admission to Novitiate 52; — to admission to Diaconate 78; — to admission
to Priesthood 84
Incardination
— in a Diocese (by means of secularisation) 97; incardination = assignment to a
Province 133
Indult
— of exclaustration 92; — for leaving the Institute in the case of one temporarily
professed (through dispensation from vows) 95; — for leaving the Institute for one
perpetually professed (through dispensation from vows) 96; — of secularisation
97
Information
see: Communication
Inheritances
accepting — 156; canonical norms concerning — 164
Instructor of the cause (Instructor causae)
— for procedure for dispensation from priestly celibacy
Interstices
between ministries of Reader (Lector) and of Acolyte and between Acolyte and
Diaconate 76; — between Diaconate and Priesthood 82, 84
Laity
duty of Provincial with regard to co-workers — 6
Law
universal law and proper law 2; sources of the proper law of our Society 3
Leaving
— of a novice 57; — of a temporarily professed member ‘at end of vows’ 94; — of
a perpetually professed member by transfer to another Institute 88;90 — of a tem-
porarily professed member through dispensation from vows 95; — of a perpetu-
ally professed member through dispensation from vows 96; — of a priest through
secularisation (passage to the secular clergy) 97; — of a deacon through dispen-
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sation from celibacy 98; — of a priest through dispensation from celibacy 99-103;
— of a professed member through dismissal 104-111; assistance to confreres who
separate from the Society 114
Lector
See Reader
Legacies
acceptance of — 156
Loans
raising of — 155
Local Council
opinion of — for admission to Novitiate 54; opinion of — for admission to first
profession 62; to renewal of temporary profession 64, to perpetual profession 66;
opinion of — for admission to ministries 74; to diaconate 79; to priesthood 85;
appointment of members of — 121-124
Masses
duties and rights of the Provincial concerning celebration of — 143; setting out
obligation for — 158
Military
request for taking up or exemption from military service 53.73; religious in mili-
tary service 73
Ministries
obligation of — for candidates for Diaconate and Priesthood 74; admission to —
Reader and Acolyte 74; confirmation of — 75; exercise of — 76; documentation of
eventual conferring of — 77
Moderator
appointment of — for the Provincial Chapter 32;
Modifications
— to the scope of a House 117; — of the Province House 132; important alter-
ations to buildings in a House 157; — to the ordinary structure of roles in a com-
munity 124
Money
use of — excess 161
Mortuary Letter
— duty of Rector, to send to various centres as appropriate 169; — to be kept in
the local archives 186
Name
way to indicate — surname of confreres 176
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Norms
meaning of community norms 1; community norms contained in universal and
proper law 2; general norms for documentation by the Secretary 176-180
notary
provincial secretary as notary 37; — in causes for dispensation from priestly
celibacy 101; — in procedures for dismissal from the Society 106,108
Novitiate
House of — : erection, suppression or transfer 47; faculties of the Rector Major to
grant a novice permission to do Novitiate in another House of the Society 48; fac-
ulty of the Provincial to permit the group of novices to spend a period of time in
another House of the Society 49; admission to — 52-54; duration of — 55; inter-
ruptions (absences) during — 56; conclusion of — 57
Oath
— of fidelity, as part of profession of faith: cf. APPENDIX A-7
see: Profession of faith
Opening
— of a Salesian foundation or House 115;
Opinion
meaning of ‘opinion’ that superiors must ask of their Council 18; cases where it is
required — of the provincial council 20
Ordinary of the place
documentation by — for personal juridical procedures: secularisation 97; dispen-
sation from priestly celibacy 102; competence of the — to confer on religious
priests the faculty for confessions 138; relationships between — provincial, for
apostolate of the professed 141
see also: Bishop
Parish
acceptance of a — Salesian 126 (procedure): economic relations between — Sale-
sian Parish and Salesian House 163; setting out Agreement for accepting a —
APPENDIX A-14
Parish priest
opinion of provincial council for nomination of — 20; nomination to the office of
— by Bishop 141; faculty of — ‘ex officio’ concerning administration of the Sacra-
ment of Penance 138; duty of — for keeping Mass Register 143
Passage
See Transfer
— of a perpetually professed Salesian to another religious Institute 88; — for
another Religious to the Salesian Society 89; — of a Salesian to a Secular Insti-
tute or Society of Apostolic Life 90; — of a member from one circumscription to
another (transfer) 134-135
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Past Pupils
duty of Provincial with regard to — 6
Penal sanctions
faculty for laying down — 144; different kinds of — 145; application of — 146
Penalty
see: penal sanctions
Penance (sacrament)
duty of Provincial to see to so subjects have possibility of access to the sacrament
— 137; faculty of Provincial concerning jurisdiction for administration of the
sacrament of — 138; revoking the faculty for administration of the sacrament of
— 139
Permissions
— and dispensations that the Provincial can give according to law 147-148
Place of worship
duties and faculties of the Provincial concerning — 142
Prenovitiate
norms regarding the — 43-46; admission to — 43; purposes of — 44; formative
environment of — 45; duration of — 46
Preparation
— for Novitiate (Prenovitiate) 43-46; — immediate, for perpetual profession 65
Priesthood
requirements prior to admission to — 84; admission to — 85; dimissorial letters
86 (form: APPENDIX A-6; DOCUMENTATION 87;
Procurator General
tasks of — for relationships with the Apostolic See, presenting juridical proce-
dures 175
Profession of faith
— by Provincial 10; — by Vice provincial 14; — by Rector 118: form for — with
oath appended APPENDIX A-7
Prolonging
— Novitiate 57; — time of temporary profession 59.64.67; — exclaustration 92
Protocol
See Register of correspondence
Province
authority and responsibility of the Provincial for — 5; tasks of the Provincial Chap-
ter for the good running of — 22; report of Provincial on the state of the — 22; erec-
tion and suppression of a — 128; indications for — in juridical procedures 177
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Province Centre
determining of — and possible transfer of 132
Province Newsletter
— to be sent to the Press Office and to the Secretary General 174; — to be kept in
the provincial archive 185
Provincial
role of Provincial 5; — Major Superior 5; — Religious Ordinary 5; duties of —
according to Con and Reg. 6-7; qualities for nomination to -8; nomination of — 9;
taking possession of the role — 10; duration in role as — 11; duty of — providing
confessor for subjects 137; faculties of — concerning administration of the Sacra-
ment of Penance 138-139; faculties of — for dispensing from private vows 140; —
and apostolate of the professed 141; — and place of worship 142; faculties of — for
laying down penal sanctions 144-46; faculties of — for dispensing from discipli-
nary laws 147; faculties of — for dispensing from fast and abstinence 147; facul-
ties of — for dispensing from the Liturgy of the Hours 147; faculties of — for sus-
pending execution of the disposition of a superior 148; — responsible for admin-
istration of temporal goods 149; — responsible for the provincial archive 183
Provincial Chapter
nature of — 21; tasks of — 22; convocation of — 23; frequency of — 24; extraor-
dinary 25; composition of — 26; procedure for elections to — 27, 28; participation
of members in elections for — 29; voting by letter 30; representation of lay and
clerical members at — 31; nomination of moderator of — 32; experts and
observers at — 33; standing orders for — 34;
Provincial Council
need for and nature of — 12; convocation of — on the part of the Provincial 12;
composition of — 13; nomination of provincial councillors 14, 15; consultation
for the nomination of provincial councillors 16; time in office of provincial coun-
cillors 17; exemption for a councillor during office 17; cases where consent of is
required — 19; cases where the opinion of is required — 20; consent of — for
admission to novitiate 54; consent of — for admission to first profession 62; for
renewal of temporary profession 64; to perpetual profession 66; consent of — for
admission to ministries 74; to diaconate 79; to priesthood 85; consent of — for
granting absence from the Religious House 91; opinion of — for dispensation
from vows 95-96; declaration by — for dismissal ‘ipso facto’ 105; vote of — for
proceeding with the dismissal of a member 108
Provincial House
see: Province Centre
Provincial Secretary:
person of — 36; tasks of — 37-40; qualities of — 41; nomination and duration in
office of — 42
Publications
— written, by Religious permissions necessary 141; — of confreres, to be sent to
Secretary General 169
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Purchasing
— of immovable goods 153;
Qualities
— for nomination as Provincial 8; — for nomination as Provincial Councillor 14;
— for nomination as Vice provincial 14; — of the Provincial Secretary
see also: Requirements
Quota
See Contribution
Reader (Lector)
admission to the ministry of — 74; requirements for the ministry of — 75-77
Re-admission
— of a novice who has legitimately left at the end of the Novitiate 70; — of a pro-
fessed member (temporary or perpetual) who has legitimately left the Society 71;
— of a professed member who was dismissed from the Society 72
Rector
examination of request of candidate for admission to Novitiate by — 54; judgment
of Rector and Local Council for admission to first profession 62; to renewal of
temporary profession 64; to perpetual profession 66; judgment of Rector and
Local Council for admission to ministries 74, to diaconate 79, to priesthood 85;
procedure for nomination of — 118; confirmation of — for a second triennium in
the same House 119; confirmation of — for a third triennium 120; duty of — to
see to availability of confessor for his subjects 137; faculties of — concerning
administration of the Sacrament of Penance for those who live day and night in
the House 138; — responsible for local archive 184
Rector Major
nomination of Provincial by — with his Council 9; nomination of Provincial
Councillors by — with his Council 15; consulting with — for convoking extraor-
dinary Provincial Chapter 25; approval of nomination of Director of Novices by —
50; competence of — for readmitting a member or novice 70-71; consent of — for
passage of a member to another Institute or vice versa 88-89; faculty of — with
his Council for granting exclaustration 92; dispensation from vows by — with his
Council 95-96’ opinion of — with this Council for secularisation of a Salesian 97;
opinion of — with his Council for dispensation from priestly celibacy 101; com-
petence of — with his Council for dismissing a member 108; authorisation of —
with his Council for the opening and canonical erection of a House 115; for
changing the scope of a House 117; for closing a House 127; for accepting a parish
126; for approval of nomination of Rector by — 118-120; competence of — with
his Council for erection or suppression of a Province 128; of a Vice-Province 129;
of a Circumscription by special statute 130; competence of — for definitive trans-
fer of a member from one circumscription to another 134; authorisation of —
with his Council for economic operations foreseen by art. 188 of the Constitu-
tions. 150ff.; faculty of — concerning Mass obligations 164; relationships of
Provincial with — 165
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Register of correspondence (protocol)
provincial secretary responsible for — province 38
Regulations
General Regulations of the Society 3; standing orders of the Provincial Chapter
34; regulations for the archive 188
Relationships
— of Provincial with the Salesian Family 6; — with lay partners 6; — with social
and ecclesial reality 6; — with the Bishops concerning apostolate of the professed
141; — of the Provincial with the Rector Major and with the General Councillors
165-166; — with the Apostolic See 175
Religious profession
temporary and perpetual profession 59; admission to first — 60-63; duration of —
temporary 59; prolonging of — temporary 59; renewal of — temporary 64; imme-
diate preparation for — perpetual 65; admission to — perpetual 66; time of — per-
petual 67; celebration of — 69;
Rendiconto (financial)
— annual 159)
Request (petition)
— for admission to the Novitiate 53; — for admission to first profession 62; — for
renewal of temporary profession 64; — for admission to perpetual profession 66;
— for admission to ministries 74; — for admission to Diaconate 79; — for admis-
sion to Priesthood 85; — for ‘absence from the Religious House’ 91; — for exclaus-
tration 92; — for dispensation from temporary profession 95; — for dispensation
from perpetual profession 96; — for secularisation 97; — for dispensation from
diaconate 98; — for dispensation from priestly celibacy 101; manner of present-
ing requests to the Rector Major 178; model of — secularisation APPENDIX A-9
Requirements
— for admission to the Diaconate 78; — for admission to Priesthood 84
see also: Conditions, Qualities
Roman Congregations
relationships with the — 175
Salesian Bulletin
communication to — re notices concerning deceased confreres 169; communica-
tion to — re important events 170
Salesian Cooperators
duties of the Provincial in regard to -6
Salesian Family
duty of Provincial with regard to — 6
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Salesian House
— Novitiate: erection, suppression or transfer of 47; faculties of the RM for allow-
ing a novice to do his novitiate in another House in the Society 48; faculties of the
Provincial for permitting the group of novices to spend a determined time in a
House of the Society 49; opening and canonical erection of — 127; changing the
scope of — 117; archive of — 181, 184, 186; chronicle of — 186; summary of
chronicle of — 170
Scholarships
procedure for setting up of — 158;
Secretariat
— general: service it renders 167; — provincial service to be rendered e principal
documentation to send to the centre 168-174; communication between provincial
secretary and secretary general 167-180
Secularisation (passage to secular clergy)
of a Salesian priest 97
Selling
— of immovable goods 154;
Separation from the Society
— by means of passage to another Institute 88-90; — by means of temporary
absence from the community 91; — of a temporarily professed member ‘at the
end of his vows’ 94; — by means of dispensation from temporary profession 95;
— by means of dispensation from perpetual profession 96; — by means of secu-
larisation 97; — by means of dispensation from diaconate 98; — by means of dis-
pensation from priestly celibacy 99-103; — by means of dismissal from the Soci-
ety 104-111; assistance for confreres who separate from the Society 114
See also: dispensation, exclaustration, indult, passage, secularisation, leaving
Suppression
— of a House or of a Province see Closure
Suspension
— of execution of a superior’s disposition in urgent cases 147
Statistics
task of Secretary to collect statistical data 38; — yearly contents of the Annuario
(Year book) of the Society 171; — of personal on 31st December (Flash) 172; — of
works and activities 173
Structures
meaning of — community 1; — non-Salesian: confreres working in 135
Taking possession
— by the Provincial 10; — by the Rector 118
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Time
computing time — for validity of the Novitiate 55-56; — for the first profession 60;
— for perpetual profession 67; — for the exercise of ministries 76; — for ordina-
tion to diaconate 78; — for priestly ordination 84
Transfer
See Passage
— of a Provincial during his mandate 11; — of a Province Centre 132; — defini-
tive, of a member from one circumscription to another 134; — temporary, of a
member from one circumscription to another 135
Treasurer
See Economer
Vice-Province
erection of a — 129; superior of — (delegate of the Provincial) 129
Vice provincial
— Vice provincial conditions for nomination, profession of faith 14; — of the
Provincial procedure for nomination 15-16; — of Rector; nomination of 121
Visitation
— provincial 7; — extraordinary 166; — of the Bishop to Religious communities
141
Volunteers of Don Bosco (VDB)
duties of Provincial with regard to — 6
Voting
manner of voting for the Provincial Chapter 27,28; voting by letter 30
Will
to be made before perpetual profession 67
Year Book
See Annuario
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