Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Indult of departure or Decree of dismissal, 2003, Private.


A member of a clerical religious institute was issued a decree of dismissal by the superior general of the institute in accord with canon 699, §1. Before it received the confirmation of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL), the member found a bishop who was willing to receive him into his diocese. The procurator general sent the provincial superior two certified copies of the rescript from CICLSAL granting the member an indult of departure from the institute with a dispensation from his vows and all other obligations of canonical religious life, in accord with canon 693. The procurator general instructed the provincial superior to have the member sign the declaration of acceptance which he enclosed. If the member rejected the indult, CICLSAL would confirm the decree of dismissal issued by the general superior of the religious institute. The letter from the procurator general and the rescript from CICLSAL follows.




Rev. _____

Superior Provincial

Dear Father _____,

Enclosed please find two certified copies of the rescript from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (Prot. N. _____) dated _____, granting Father _____, the authorization to leave our Congregation with a dispensation from his vows and other obligations ensuing from the religious profession. The original copy remains in our archives.

The canonical situation of Father _____ is the same as if he was dismissed; a priest without the faculties for ministry unless he finds a bishop ready to accept him, according to canon 693 of the Code of Canon Law, or a bishop who permits him to exercise Orders in his diocese only. As it would be for the case of dismissal, you have to provide him financial assistance according to can. 702 §2, with equity and charity.

I also enclose the form of Declaration of Free Acceptance of the Indult. The notification of the indult, with acceptance of Father _____ or his refusal, must be made known formally in writing, signed by the petitioner before two witnesses according to canons 54, 55, 56, of the code. You must pay attention to it. After that, this declaration is to be returned to my office. You may, of course, make a copy for your own files. If Father _____ rejects the indult, then the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life will confirm the decree of his dismissal. I hope this solution is the correct and appropriate one both for Father _____ and for us.

Sincerely yours in Our Lord,

Procurator General




Original Latin Text

CONGREGATIO PRO INSTITUTIS VITAE CONSECRATAE ET SOCIETATIBUS VITAE APOSTOLICAE

Prot. N. _____

BEATISSIME PATER,

Sacerdos _____, professus votorum perpetuorum in Congregatione _____, a Sanctitate Tua implorat indultum discendendi ab lnstituto, ob rationes expositas.

Congregatio pro Institutis Vitae Consecratae et Societatibus Vitae Apostolicae, attentis expositis, annuitpro gratia inuxta preces, ita ut orator, deposita exteriore forma habitus religiosi, separatus maneat a suo lnstituto, a quo, ad normam can. 702, §1, nihil repetere potest ob quamlibet operam in eo praestitam. Insuper servetur praescriptum can. 702, §2 circa aequitatem et evangelicam caritatem quae servari debent in casu. Orator sacros ordines exercere nequit, donec Episcopum inveniat qui eum in sua dioecesi ad normam can. 693, recipiat vel saltem exercitium sacrorum ordinum intra fines eiusdem diocesis permittat.

Praesens rescriptum, nisi ab oratorefuerit reiectum in actu notificationis, ipso iure secumfert dispensationem a votis necnon ab omnibus obligationibus ex Professione ortis.

Contraiis quibuslibet non obstantibus. E Civitate Vaticana, _____.

Undersecretary

Concordat cum Originali,

Procurator General




Unofficial English Translation

CONGREGATION FOR INSTITUTES OF CONSECRATED LIFE AND SOCIETIES OF APOSTOLIC LIFE

Prot. N.

MOST HOLY FATHER,

The priest _____, professed of perpetual vows in the Congregation of _____, implores Your Holiness for an indult to depart his Institute for the reasons presented.

The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, having been attentive to the reasons, grants an indult according to the request, so that the petitioner puts aside the external form of the religious habit, and remains separated from his Institute. In accord with can. 702, §1, he can request nothing for whatever work done in the institute. The prescript of can. 702, §2 concerning equity and evangelical charity must be observed in this case. The petitioner cannot exercise sacred orders until he finds a bishop who receives him into his diocese in accord with the norm of can. 693, or at least permits him to exercise sacred orders within the boundaries of the diocese.

Anything contrary to the above does not stand.

From Vatican City, on _____

Undersecretary

Conforms to the original

Procurator General




Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Indult of departure or Decree of dismissal, 2003, Private, CLSA, Roman Replies and Advisory Opinions, 2003, 13-15.