Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Petition for an indult of separation ad experimentum, 2010, Private.


A priest in perpetual profession in a religious institute wrote to his superior general requesting an indult of departure ad experimentum. A bishop was willing to receive him into the diocese experimentally in accord with canon 693 of the Code of Canon Law. When the superior general failed to respond to his letters, the priest took recourse to the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, sending copies of his communications and explaining that he had failed to hear from his superior general. He also sent copies of this recourse to his superior general. The Congregation’s response is as follows.




Prot. n. ____

Most Holy Father,

The Reverend Father _____ from the _____ of _____ requests of your Holiness an indult to leave the Institute for the reasons presented. The Ordinary of _____ intends to accept him in the diocese ad experimentum according to the norms of canon 693 CIC.

The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, after hearing the opinion of the Superior General of the Institute and having considered the acceptance of the Ordinary of _____, dispenses the Petitioner from the rules which are incompatible with the condition of his life. He will lack active and passive voice in his Institute. During the period of probation if the Petitioner is refused by the same Ordinary and the Superior is informed beforehand, he has to return to the Institute at once.

Being accepted definitely during or at the end of probation, the Petitioner by that fact is incardinated in the proper diocese of _____ according to the norm of canons 265, 267, 269 CIC, and is dispensed from the vows in the Institute.

All things to the contrary notwithstanding.

Vatican, _____

Prefect

Undersecretary




Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Petition for an indult of separation ad experimentum, 2010, Private, CLSA, Roman Replies and Advisory Opinions, 2010, 34.