Part II: 1THE DISMISSAL OF THOSE WHO WERE ADMITTED BUT DID NOT PROVE THEMSELVES FIT #
CHAPTER 1: 2WHO CAN BE DISMISSED, AND BY WHOM #
[204] #
- 3Just as it is useful for the end sought in this Society, namely, the service of God our Lord by helping souls, to preserve and multiply the workers who are found fit and useful for carrying this work forward,4so is it also expedient to dismiss those who are found unsuitable, and who as time passes make it evident that this is not their vocation or that their remaining in the Society does not serve the universal good.5However, just as there should not be excessive readiness in admitting candidates, so should there be even less to dismiss them; instead, one should proceed with much consideration and pondering in our Lord.6And although the more fully one has been incorporated into the Society the more serious ought the reasons to be,7nevertheless, no matter how advanced the incorporation may be, there may be situations when a given person can and ought to be separated from the Society See C-205, as will be seen in chapter 2.
[205] #
A. 2Although all may be dismissed, as is stated in the Constitutions, there will be less difficulty in the case of some than of others.3If those admitted to the house of the first probation should show, during those days before they live in common with the others, that they are not fit for the Society, they could be dismissed with greater facility than others.4The second degree of difficulty is of those who are in the second probation in houses or colleges and have not bound themselves by any vow, when it is judged by experience that their remaining in the Society is not conducive to greater service to God.5{The third degree is of those who on their own side have bound themselves by vowsbut who have not yet been accepted among the approved scholastics or formed coadjutors of the Society upon completion of the time given them for probation}.16The fourth degree, requiring greater reflection and cause, is that of the approved scholastics.2 7The fifth degree, entailing still greater difficulty, is that of the formed coadjutors whether spiritual or temporal, if it is judged necessary to dismiss them after their taking their public though not solemn vows.8In some cases even the professed, no matter what their rank and dignity in the Society, could be dismissed, if it is judged that to retain them would be harmful to the Society and a disservice to God our Lord.9Beyond what has been stated, the more obligations there are toward a person because of his good service, or the more qualities he has for helping the Society in the service of God our Lord, the greater should the difficulty be in dismissing him.10Similarly, on the contrary, the fact that the Society has no obligation, and that the person is poorly suited to help it toward its purpose in the divine service, will make his dismissal easier.
[206] #
- 1The authority to dismiss will be vested primarily in the Society as a whole when it is assembled in a general congregation.2The superior general will have the same authority in all other cases except one involving himself.3 As for the remaining members of the Society, each one shares in this authority in the measure that it is communicated to him by the head.34It is good, however, that it be communicated amply to the provincial superiors See C-207 and, with proper proportion, to the local superiors or rectors for whom its sharing seems good See C-208,5so that the subordination of holy obedience may be the better preserved in the whole body of the Society, the better the members understand that they depend on their immediate superiors and that it is very profitable and necessary for them to be subject to these superiors in all things for Christ our Lord.
[207] #
B. 1{Even if the superior general communicates very ample authority in the letters patent which he sends to subordinate superiors in order that subjects may have greater respect and be the more humble and obedient toward them,2this authority may nevertheless be restricted and limited by means of private letters, according to what seems expedient.}4
[208] #
C. 1In regard to those who are in the first probation and in the second before taking their vows, whoever has the authority to admit them may also dismiss them, unless special circumstances intervene.2Such would be the case if they have been sent to the house or college where they are by the superior general or the provincial, or directed there by someone to whom respect is due, or if they have deserved so well of the Society that special respect is due to them.3For in these and similar cases a person of this kind ought not to be sent away by just any superior, unless the reasons are so urgent and serious that beyond any doubt his dismissal would be the will of his superiors.4In regard to those in the houses or colleges who are bound by vows and the scholastics5 already approved after the two years of probation, if it should become necessary to dismiss them, the local superior should not do this without informing the provincial.5The provincial, in accordance with the authority given him by the general, will be able to dismiss them or not without informing the general.6 The formed coadjutors, whether spiritual or temporal, ought not to be dismissed without the knowledge and consent of the general6 unless the general has been informed and the matter carefully weighed7unless in some very remote regions (such as the Indies) it should be necessary to communicate this authority to the provincial, or unless by way of exception and for important reasons the general has communicated this authority to someone in whom he had as much confidence as in himself.8 In regard to the professed, even less ought such authority be communicated to the lower superiors,79so that it seems that to dismiss such a one helps for the service of God and the common good of the Society. This is the case if he is contumacious or incorrigible and the like.
CHAPTER 2: 1THE CAUSES FOR DISMISSAL #
[209] #
- 2The discreet charity of the superior who has the authority to dismiss ought to ponder before God our Lord the causes which suffice for dismissal. But to speak in general, they seem to be of four kinds.
[210] #
- 1The first cause is present if it is perceived in our Lord that someone’s remaining in this Society would be contrary to the honor and glory of God, because this person is judged to be incorrigible in some passions or vices which offend his Divine Majesty.2The more serious and culpable these are, the less ought they to be tolerated, even if they might not scandalize others because they are occult See C-211.
[211] #
A. 2How far toleration should be shown for certain of the defects which are said to be contrary to the divine honor, and those which are contrary to the good of the Society3depends on many particular circumstances of persons, times, and places. Consequently this must be left to the discreet zeal of those who have charge of the matter.4The more difficulty and doubt they have, the more will they commend the matter to God our Lord and the more will they discuss it with others who can be helpful toward perceiving the divine will in the matter.
[212] #
- 1The second cause is present if it is perceived in the Lord that to retain someone would be contrary to the good of the Society. Since this is a universal good, it ought to be preferred to the good of a single individual by one who is sincerely seeking the divine service.2This would be the case if in the course of the probation impediments or notable defects should be discovered which the applicant failed to mention earlier during the examination See C-213,8 3or if experience should show that he would be quite useless and a hindrance rather than a help to the Society because of his notable incompetency for any task whatever See C-214;9 4much more so if it is judged that he would be harmful by the bad example of his life, especially if he shows himself to be unruly or scandalous in words or deeds. See C-141 5To tolerate this would be attributable not to charity but to its very opposite on the part of one who is obliged to preserve the peace and well-being of the Society which is in his charge.
[213] #
B. 1In the case of someone who at the time of his entrance revealed an illness or a predisposition to one and was admitted on trial of his health,2should it be seen he does not improve and it appears that he will be unable to perform the labors of the Society in the future it will be permissible to dismiss him, rendering him such aid outside the house as true charity requires.3If he entered without any condition, having manifested his illness but in hopes that he would prove more fit than is found by experience to be the case, then – even though he could be likewise dismissed in view of his lack of the health which would be necessary for our Institute – more reflection ought to be devoted to his case;4and still more if he entered healthy and became ill in the service of the Society.5For in that case, if he himself is unwilling, it would be wrong to send him out of the Society for that reason alone.6If someone at his entrance concealed an infirmity, when this infirmity is discovered he can without doubt be more freely and justly dismissed.7But whether he ought in fact to be sent away or not by reason of other qualities of value for the divine service, will be left to the superior’s discretion.8This same reasoning holds if it is discovered that in some other matter he failed to tell the truth in his examination.9But if he dissimulated one of the five impediments, in that case it is not just that he should remain in the Society, in conformity with what was said in Part I.
[214] #
C. 1If he does not bring back a good report from the probationary experiences outside and inside the house, and if the remedies which charity requires before dismissal do not suffice,2it is better to dismiss him than to incorporate into the Society persons who are seen to be unsuitable for its Institute.
[215] #
D. 1One is a scandal to others when he is occasion of their sinning by his example, more so if he entices them by persuasive words to some evil, particularly to instability in their vocation or to discord or if he attempts something against the superiors or the common good of the Society.2For in matters of this sort it is wrong that anyone who falls into them should remain in the Society.3If it has been necessary to send someone away not so much because of the kind or number of his sins as to undo the scandal he has given to others,4and if he should be a good subject except for this, prudence will consider whether it is expedient to give him permission to go to some far-distant region of the Society, without leaving the Society.
[216] #
- 1The third cause is present if someone’s remaining is seen to be simultaneously against the good of the Society and of the individual.2For example, this could arise from the body, if during the probation such illnesses and weakness are observed in a person that it seems in our Lord that he would be unable to carry on the labor which is required in our manner of proceeding in order to serve God our Lord in that way.10 3It could arise from the temper of his mind, if the one who was admitted to probation is unable to bring himself to live under obedience and to adapt himself to the Society’s manner of proceeding, because he is unable or unwilling to submit his own judgment, or because he has other hindrances arising from nature or habits.
[217] #
- 1The fourth cause is present if his remaining is seen to be contrary to the good of others outside the Society.2This could arise from disclosure of the disclosure of the bond of marriage11 or{legal servitude},12or of significant debts,13 when he had concealed the truth14 about the matter in the examination.3Should any of these four causes exist, it seems that God our Lord will be better served by giving the person a decent dismissal than by employing indiscreet charity in retaining him in whom the causes are found.1
CHAPTER 3: THE MANNER OF DISMISSING #
[218] #
- 2With those who must be dismissed, that manner ought to be employed which before God our Lord is likely to give greater satisfaction to the one who dismisses as well as to the one dismissed and to the others within and without the house See C-219.3For the satisfaction of the one who dismisses, for the causes mentioned above, three points should be observed.
[219] #
A. 1It is to be noted that the Constitutions treat of the manner of dismissing persons when this is done publicly and for public reasons.2Besides these, however, certain persons might be dismissed occultly15 in cases where the reasons are occult (and these can be many, some of them without sin) and perturbation among the others is feared if they are not disclosed.3In such cases it is better to send those dismissed away from the house on some pretext such as their going through experiences, rather than to make public their dismissal.4To dismiss such persons in this way, it will suffice that the superior who has authority for this, commending himself to God our Lord and hearing the opinion of one or several others (if he judges in the Lord that he ought to discuss the matter with them), should make his decision and put it into effect.5It is also to be noted that what has been stated about the manner of dismissing is more applicable to those who are in probations and less to those who have been incorporated into the Society as approved scholastics and formed coadjutors;6and much less to the professed, in whose case the charity and discretion of the Holy Spirit will indicate the manner which ought to be used in the dismissal, should God our Lord permit this to become necessary.
[220] #
- 1The first point to be observed is that he should pray and order prayers in the house for this intention (although the person’s identity remains unknown), that God our Lord may make his holy will known in this case.
[221] #
- 1The next point is that he should confer with one or more persons in the house who seem more suitable and hear their opinions.
[222] #
- 1The third point is that, ridding himself of all affection and keeping before his eyes the greater divine glory and the common good, and the good of the individual as far as possible, he should weigh the reasons on both sides and make his decision to dismiss or not.
[223] #
- 1For the satisfaction of the one dismissed, three further points ought to be observed. One, pertaining to the exterior, is that as far as possible he should leave the house without shame or dishonor and take with him whatever belongs to him See C-224.
[224] #
B. 1In regard to what is found to belong to him, there is no difficulty in deciding that he should take it.2But with respect to what he may have spent or given to the Society, or in case he stayed in one of its houses or colleges fraudulently, it will be left to the discretion of the one who dismisses him, taking into account the demands of equity and edification, to decide whether or not he ought to be given anything beyond what is found to belong to him, and if so, how much.16
[225] #
- 1The second point, pertaining to the interior, is to try to send him away with as much love and charity for the house and as much consoled in our Lord as is possible.
[226] #
- 1The last, pertaining to his personal condition, is to try to guide him in taking up some other good means of serving God, in religious life or outside it as may seem more conformable to his divine will,2assisting him with advice and prayers and whatever in charity may seem best.
[227] #
- 1Likewise, for the satisfaction of the others inside and outside the house, three things ought to be observed.2One is that everything possible should be done to ensure that no one is left troubled in spirit by the dismissal; satisfactory grounds for it can be given to whoever needs it See C-228,3touching as little as possible upon faults in the person which are not public (even if he has them).
[228] #
C. 1To withhold or to give, in public or in private, an explanation of the causes for the dismissal will be more expedient or less in proportion to the greater or less esteem and love in which the person was held within and without the house.
[229] #
- 1A second is that they should not be left disaffected or with a bad opinion in his regard, as far as this is possible.2Rather, they should have compassion for him and love him in Christ and recommend him in their prayers to the Divine Majesty, that God may deign to guide him and have mercy on him.
[230] #
- 1A third is to take steps so that those in the house who are not acting with as much edification as they ought may profit by this example and may fear the same thing if they refuse to do so;2and also that persons outside the house who have learned of the matter may be edified at seeing that nothing is tolerated in the house that ought not to be, for the greater glory of God our Lord.
CHAPTER 4: 1THE SOCIETY’S WAY OF DEALING WITH THOSE WHO LEAVE OF THEMSELVES OR ARE DISMISSED #
[231] #
- 2It seems to us in our Lord that, when persons are sent away or depart of their own accord from one place, they should not be received in another unless the person who dismissed them, or the superior of the place which they left, or the superior general, or whoever acts for him has been informed and has given his consent,17 3lest lack of information and knowledge occasion any mistake, to the disservice of God our Lord. See C-232
[232] #
A. 2It is said in general that one who departed of his own accord or was dismissed should not be received into another house without informing and getting word from the superior of the house or college where the person had been.3Nevertheless, it will be left to the discretion of the superior of the house where the person goes, to consider whether or not to receive him unofficially until he receives a reply from the superior whose order he must follow.
[233] #
- 1The privileges which were granted to such persons as members of the Society are understood to cease from the time they cease to be members.
[234] #
**** 1 **** Those who are dismissed should be advised that they remain free from the simple vows if they took them according to the formula which the Society uses and which will be seen in Part V; and that consequently they do not need a dispensation to be freed from them.18
[235] #
- 1In the case of those who leave without permission, if they were previously regarded as unsuitable for the Society no effort need be made to bring them back;2instead, they should be directed to another institute where they may serve God our Lord, and their vows dispensed so that they will not be left with scruples.
[236] #
- 1If they are persons such that it seems a service to God our Lord not to let them go in this way, especially if it is clear that they left through some strong temptation or when misled by others,2steps may be taken to bring them back{and the privileges granted by the Apostolic See concerning this matter can be employed, to the extent that the superior thinks good in the Lord} See C-237.193When a subject thus won back returns, it will be left to the discretion of the one in charge to consider whether he ought to make some satisfaction and how great it ought to be See C-238,4or whether it is better to proceed altogether in a spirit of gentleness, taking into account the good of the subject won back and the edification of the members of the house.
[237] #
B. 1In the case of persons who abandon the Society, even if they are judged fit for it, and then enter and take the habit in another religious institute, it does not seem that the Society should attempt or take legal measures to bring them back.202Prior to their taking the religious habit, such measures as well-ordered and discreet charity dictates may be taken to win them back to the place where it is judged in our Lord that they should serve him.
[238] #
C. 1In regard to the satisfaction to be made by those who return of their own accord and are received, or by those who return after being won back, its purpose is the edification of the others and the help of the person who returned.2Therefore determination should be made in the light of circumstances of persons, times, and places whether or not such satisfaction should be made; and, if it should, how much.3This entire matter must be referred to the discretion of the superior in whose house or college the person enters.
[239] #
- 1If someone returns of his own accord to the house or college which he left without permission, and if he is judged suitable in other respects to serve God our Lord there, it should be seen whether he comes with a genuine intention to persevere See C-240 and to undergo satisfaction or trials of whatever sort.2If not, it would seem to be a sign that he does not come with genuine repentance or deserve to be accepted.
[240] #
D. 1When there is doubt about the constancy of those who return of their own accord, they could be placed in a hospital or in other experiences where, by serving Christ’s poor out of love to him for some time, they may show their stability and constancy,2and in part do penance for their earlier fickleness.
[241] #
- 1If someone who has been dismissed returns to the same house from which he was justly sent away and is ready to make all satisfaction, and if the same causes for which he was dismissed still persist, it is certain that he ought not to be admitted.2If they do not persist and the one who dismissed him judges that God our Lord would be served through his being received back into that or another house, he should inform the general or the provincial superior and follow the directive which will be given him.
[242] #
- 1Whether the person returning had left of his own accord or had been dismissed, if he is readmitted he should be examined over again; upon entering the house he should make his general confession, from the last which he made,2and undergo the other probations or experiences as the superior judges proper, looking always to general and individual edification, for the glory of God our Lord.
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Abolished by CN_0-6-1-2. (This third degree does not now exist; at the completion of two years probation, all either take public vows and thus are admitted among the approved scholastics or coadjutors or, if they are not suitable for the Society, they are dismissed.) ↩︎
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(The same applies to approved brothers: see CN_0-6-1-2.) ↩︎
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Abolished. (This way of acting, if it was ever in use, is now outdated and contrary to the modern mentality.) ↩︎
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(The same applies to approved brothers: see CN_0-6-1-2.) ↩︎
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Modified by CN_2-33-3, CN_2-35-2; see Canon 695-702; Canon 500-503. (Only the general can dismiss the professed, with the confirmation of the Holy See, accord ing to the norms of universal law.) ↩︎
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(In regard to impediments that may be detected, see Canon 643and Canon 450. In regard to impediments and prohibitions to admission CN_1-28and other defects that were truly concealed, care should be taken to ascertain whether there may have been deceit in the admission, in which case it may have been invalid: see Canon 643 §1, 4°, and Canon 450, 5°.) ↩︎
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Clarified by CN_2-34. (In regard to dismissal because of grave lack of aptitude.) ↩︎
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Clarified by CN_2-34. (In regard to dismissal because of lack of sufficient health for the exercise of our ministries.) ↩︎
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(In the case of marriage the admission was invalid by reason of Canon 643, §1, 2°.) ↩︎
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(Perhaps the admission could have been invalid from deceit: see Canon 643, §1, 4°and Canon 50, 5°.) ↩︎
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(Dismissal of itself is a public fact at least by law; therefore it can only be occult insofar as it can be carried out discreetly.) ↩︎
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(See Canon 701and Canon 502, according to which vows, rights, and obligations derived from profession cease ipso facto by legitimate dismissal. ) ↩︎
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Abolished. (The privileges referred to here, with a change in the universal law, are no longer applicable, because such apostates do not exist; but superiors should make diligent efforts to seek after members unlawfully absent from the religious house with the intention of withdrawing from the control of their superiors and aid them to return and persevere in their vocation: see Canon 665, §2.) ↩︎
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(In the present law, this can only refer to those who have not yet pronounced vows after the two-year novitiate, since from Canon 643, §1, 3°, one who is presently held by a sacred bond with any institute of consecrated life is invalidly admitted to the novitiate ; see also Canon 450, 7°.) ↩︎