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Show IMPORTANT DOCUMENT. Rome, Oct. 2nd, publishes the following ruling of the Holy See concerning debts and financial obligations ob-ligations of religious communities: "Among the things that do most harm to religious reli-gious families, and that both disturb their peace and imperil their good repute one of the chief is the excessive facility by which debts are at times contracted. "For it often happens that debts are unavoidably and unwisely contracted for the building of houses or the extension and enlargement of them, for the reception of too great a number of novices, or for undertaking works for the education of youth or the relief of distress. "All these things are lawful in themselves or in their scope, and are praiseworthy, but as they do not always harmonise with the rules of Christian prudence and of right administration and are therefore there-fore contrary to the letter and the spirit of the apostolic prescriptions, they cannot be pleasing to God or prove of permanent utility to our neighbor. "And since there is a daily increase in this abuse of contracting debts without prudent safeguards, and frequently without permission of the Superior General or of this Apostolic See; and in view of the special and truly exceptional circumstances in which public and private property is now involved; lest any religious houses, through their own imprudent impru-dent methods should for the future suffer loss through the contracting of debts; Our Most Holy Lord Pope Pius X, after taking the opinions of the Most Eminent Fathers Cardinals of this Sacred Congregation of Religious, in a plenary meeting held in the Vatican on July 30, 1909, after mature examination, has been pleased to decide, decree, and prescribe as follows for the exact observance of all orders, congregations, institutes, of both sexes, whether of solemn or simple vows, and by monasteries, monas-teries, colleges and religious houses, whether existing exist-ing of themselves, or subject to the ordinaries of places : 1 Superiors, whether general, provincial, district, dis-trict, or local, shall not contract any serious debts, or undertake any serious financial obligations, directly di-rectly or indirectly, formally or by trust, by mortgage mort-gage or simply, with or without the obligation of revenue or interest, by public or private instrument, orally or otherwise: a Without the previous consent of the general council or of the body of definitors, when it is a question of the general Curia or of a house or houses immediately subject to the jurisdiction or direction di-rection of the general Curia; b Or without the previous consent of the provincial pro-vincial council or body of definitors, and the express ex-press permission of the superior general, together with the deliberative vote of the general council or body of definitors, when it is a question of the contracting con-tracting of debts or the assuming of obligations by provincial or district superiors; c -Or without the previous consent of the local council of a monastery or house, under whatever name it be designated, not placed under the rule of any provincial or district' superior, and with the express permission of the superior general and of his general council or body of definitors. But if the order be divided into various congregations, each with its own general or quasi-general president or superior, the permission of this president or superior supe-rior and of his council shall be necessary; d Or without the previous consent of the local council in the case of monasteries or houses not subject to any general superior, but Avith the permission per-mission in writing of the ordinary of the place when such monasteries and houses are not really exempt from the jurisdiction of the ordinary. 2 In the contracting of debts and pecuniary obligations, a serious debt is one ranging from 500 to 1,000 francs (from L. 20 or $ 100 to L. 40 or $ 200) in the case of single monasteries or houses, or one ranging from 1,000 to ,000 francs (or from L. 40 or $ 200 to L 200 or $ 1,000) in the case of provinces or quasi-provinces ; or one exceeding 5,000 francs (L. 2,000 or $ 1,000) in the case of general curias. If a house province, or general curia wishes to contract debts or obligations for over 10,000 france (L. 400 or $ 2,000), in addition to the permission of the respective council as above, the permission of the apostolic See is required. 3. It is not lawful to exceed the respective sums set down in the preceding article, by various debts or obligations however they may have been contracted; but the debts and obligations, all and several, however contracted, always coalesce. Therefore There-fore there shall be no permission for the contracting contract-ing of new debts or the undertaking of new obligations obli-gations if the previous debts of obligations be not already extinguished (Ideoque mullae omnino erunt licentiae ad nova debita contrahenda novasque ob-ligationes ob-ligationes suscipiendas, si anteacta debita vol obli-gationes obli-gationes nondum extincta sint.) 4 So too apostolic indults or permissions for the contracting of debts or the undertaking of obligations ob-ligations exceeding 10,000 francs shall be null if the house, province or general curia asking for them fails to mention other debts or obligations still resting upon it. 5 Congregations and institutes of simple vows and other religious families which have no general provincial and local councils, shall within three months constitute them for the purpose of financial administration. Monasteries and houses which are independent (sui juris) and have no council constituted con-stituted by the free election of the local chapter, ij shall also elect one for themselves within three months. The councillors are to remain in office for three years, and they are to be four in number in monasteries or houses wihch have "at least twelve electors, and two at lowest in the others. 6 The votes to which reference is made in article ar-ticle I shall be taken each time (toties quoties), and shall always be secret and deliberative, not merely eonsultive; the permissions granted by virtue of such voting is never to be given verbally, but always in writing. The acts of the council shall be signed both by the superior and by each of the councillors. 7 The conscience of superiors is gravely charged not to conceal from the councillors, either by themselves or through the administrator (oecono-mus) (oecono-mus) either wholly or in part, the existence of any property, income, money, bonds, donations, alms or anything else possessing financial value, even when made as a personal offering to the superior; or the existence of debts or obligations however con- tracted;; but everything shall be submitted fully, exactly, truly and faithfully to the revision, examination exam-ination and approval of the council; and all documents doc-uments relating to temporal joods or to the administration ad-ministration shall likewise be handed over to the councillors for examination. 8 Xo foundations of a monastery or house, and no extension or change of a foundation is to be made, when the necessary money is not in hand, and when for this reason debts or financial obligations have to be contracted, although the ground or materials ma-terials for the building, or some part of the building itself, be given gratuitously or be constructed gratuitously; gratu-itously; nor does a promise of even a large sum of money made by one or several benefactors suffice, because it often happens that such promises are not fulfilled to the serious detriment, material and moral, of religious. 9 In order that money, revenues and other resources re-sources may be legitimately put into some safe, lawful law-ful and fruitful investment, and in one of such investments in-vestments rather than in another, the vote of the council is required to be taken each time and full information to be given to the council concerning the form, method, and other circumstances of the investment. This is also to be observed for any change whatsoever of investments, with due observance ob-servance of what is to be observed de jure. 10. The rules laid down in the constitutions of the different religious families concerning the keeping of three keys of the safe, the inspection of the safe, and the proper administration of property, when they are more rigid than those ordained in the several articles of this instruction are to be accurately observed in all points which are not in opposition with this instruction. And where the temporal administration is not defined according to special statutes, provision is to be made immediately immedi-ately for all things, special attention being paid to what is laid down in Normis, cap. VI, and which applies not only to nuns but to religious men, as is set forth in the note at the foot of page 3 of the said Xormis, saving always the prescriptions contained con-tained in this instruction. 11. Lands? legacies and other property to which is attached the obligation of masses, and the interest in-terest and revenues accruing from the same, cannot, can-not, even for a brief period, be burdened with debts or economic obligations of any kind whatsoever; and money accepted for the celebration of manual or other masses, must not under any pretext or for any reason be spent either entirely or in part before be-fore the celebration of these masses, but must be integrally kept. In this matter both superiors and councillors are to act with special vigilance. 12. The rules laid down' by the Apostolic See" concerning the alienation of the dowers of nuns and sisters, are to be studiously observed. Under no pretext, therefore, and under no plea of utility shall it be lawful to spend the capital of such dowers during the lifetime of the nuns or sisters to whom it appertained; and this under penalties to be fixed by law. And the permission of the Apostolic See is to be obtained when for reasons of a very grave kind it is judged of great utility to alienate even a single one of such dowers. 13 Donations, even, under the title of alms or subsidies, are not to be made except on the conditions condi-tions prescribed by the Holy See and within the limits ordained in the -different constitutions or lawfully determined by the chapters, and in the absence of them by the superiors general with their respective councils. 34. All things prescribed in this instruction-apply instruction-apply not only to orders, congregations and institutes insti-tutes of men, but also to those of nuns and sisters. The violators of the said prescriptions are to be seriously punished, and when the violation concerns matters which either by the common law or according ac-cording tc the present instruction require the permission per-mission of the Holy See, they become ipso facto subject to the penalties inflicted on those who alienate alien-ate ecclesiastical property. All things to the contrary, even those calling for special mention, notwithstanding FR. I. C. CARD, VIVES, Prefect D. L. JAXSSENS, Q. S. B Secretary. |