AD INSTITUENDA

CRSI, 4 June 1970

The Congregation for Religious and Secular Institutes often request dispensations from
common law in order to carry out experiments in the sense of the Motu Proprio Eccle-
siae Sanctae.

As the justifications for certain applications are generally valid and equally present in
all the Institutes, the Holy Congregation, at its Ordinary Session of 24 April 1970, con-
sidered the desirability of suspending or amending some of its legislation.

After a thorough examination, the fathers took the following decisions at the meeting:

1. It is the responsibility of every Monastic Institute of papal right, according to the

norm of its own particular right, to unite or redefine already existing provinces and to
establish new provinces or to abolish existing ones. The obligation to recourse to the
Holy See (1) remains in force in the case of the first division into provinces or the total
annulment of the provincial division. The General Chapter should formulate and incor-
porate norms into the Constitutions to be observed in the construction and redefini-
tion of Provinces.

2. On the basis of can. 497.1 and can. 498 the obligation to obtain the approval of the
Holy See in the establishment or abolition of an ex-religious house is suspended. Ex-
ceptions to this, however, are the nuns' monasteries. It also remains in force, which,
according to the law, belongs to the area of competence of the Local Ordinaries. (2)

3. While preserving the constitutions of each religious community, which require a

higher age or other special qualities, are incapable of the office of Superior General,
who have not yet made the eternal profession in this community and not yet com-
pleted the 35th year of life. For the other higher superiors, (3) thirty years suffice, be-
sides perpetual profession. For the other offices, the particular right can specify age
determinations; however, the novice master's office must be at least 30 years old.

4. The provision, according to can. 544.2 and can. 545 to obtain the testimonials for
male religious candidates is overruled. It remains, however, the inherent obligation to
obtain all useful information about the candidates to be admitted.

5. Determining the duration of the spiritual exercises before the beginning of the novi-
tiate and before taking the first vows, of which in can. 541 and 571.3, is left to the spe-
cial regulation of every Institute. However, must be taken at least five full days and the
Spiritual Exercise is realized in a convenient way.
6. The obligation to establish a will, which can now be given to novices in a religious
congregation by can. 569.3 is fixed to the time before the temporal profession, can be
postponed to the time immediately before the eternal vows.

7. The obligation to examine the free will, as it is mentioned in can. 552, is suspended.

8. The provision of can. 607, according to which the Superiors and the Local Ordinaries
are to watch closely that the nuns, except in an emergency, do not leave the
monastery alone, will be suspended. However, it remains the duty to be vigilant, so
that no inconvenience arises.

The Holy Father Pope Paul VI, in the audience granted to the undersigned Cardinal Pre-
fect, on June 1, 1970 confirmed the decision of Ordinary Council.

For this reason, the Holy Congregation for Religious and Secular Institutes has decided
to publish the above decisions with this decree. These resolutions come into effect im-
mediately and do not require any so-called execution formula of their own.

The current provisions will remain in effect until the promulgation of revised Code of
Law. Any conflicting provisions will be suspended.

NOTES:

(1) See can. 494.1.

(2) Cf. can. 497.1 and ES I, 34.1.
(3) Cf. can. 488.