Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Lay brother permitted to be local superior in a clerical religious institute, 1997, Private.


The two rescripts that follow were both sent to the same clerical religious institute of pontifical right from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life. In the earlier one from 1997, the supreme moderator had requested a dispensation to allow a lay brother to be a local superior, and the Congregation granted the dispensation. In the second, from the year 2000, the supreme moderator did not request a dispensation, but simply requested permission to appoint a lay brother as superior. In its rescript, the Congregation mentioned nothing about a dispensation, but simply authorized the appointment of the brother as local superior. This indicates that a dispensation from canon 588, §2 is not needed to allow a lay brother to be appointed superior in a clerical religious institute. Instead, the second rescript implies that this is simply an authorization in accord with canon 129, §2 that allows lay persons to cooperate in the power of governance.




The 1997 rescript:

The supreme moderator of the clerical religious institute of _____ seeks a dispensation from your Holiness, so the Brother _____, a non- clerical member, may be appointed to the office of local superior in the community of _____, located in _____.

The Congregation granted the requested dispensation.




The 2000 rescript:

The supreme moderator of the clerical religious institute of _____ humbly requests from your Holiness the faculty of appointing as local superior Brother _____, perpetually professed member of the _____ Province, for the reasons alleged.

The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, having considered the reasons given by the supreme moderator, grants that the member, Brother _____, may be appointed local superior.

Sincerely,

/s/ Congregation for Institutes of Consecrated Life and Societies of Apostolic Life




Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Lay brother permitted to be local superior in a clerical religious institute, 2000, Private, CLSA, Roman Replies and Advisory Opinions, 2001, 27.