The Constitution and the Statutes

of the Swiss-American Benedictine Congregation

Established by the General Chapter

 

Section II: Norms for the Individual Monasteries

E. Of the Component Elements of Monastic Life
4. Of Penalties and Appeals

C55 If, after receiving correction, a monk thinks that the penances imposed on him are unjust, and that he cannot obtain from his superiors a proper mitigation thereof although he has humbly asked for such a mitigation, he may have recourse to higher authority (CIC 698).

C56 For a grave offense, the abbot with his council may temporarily deprive a capitular of his active or passive voice in chapter, or of both. Any capitular is ipso iure deprived of both his active and his passive voice:

#1- While he is living outside the monastery without canonical permission;
#2- While he is on leave of absence for the purpose of testing his vocation;
#3- From the date on which he signed a petition for an indult of exclaustration or of secularization or of laicization;
#4- While he is living in another monastery with a view towards transferring his stability.

S50A
1) If a monk does not return to his monastery at the end of a period of exclaustration or of other lawful absence, or if he is unlawfully absent from the monastery, the monastery is not liable for any of his debts or actions or omissions whatsoever, or for any obligations whatsoever incurred by him.

2) Neither the place of residence of an exclaustrated monk nor his work is assigned to him by his abbot.

3) An exclaustrated monk, or a monk who, with his abbot's permission, lives outside his monastery and its dependencies for work not related to the activities of the monastery and not directed by its superiors, does not act as an agent of his monastery, and his services are performed neither for his monastery nor for his superiors.

C57 In the dismissal of a monk, whether he is temporarily or perpetually professed, the universal law must be observed (CIC 694-704).

S51 1) Because of the intensity of common life in monasteries, grounds for dismissal are, in addition to the typical grounds given in CIC 696.1:

#1- Habitual hostility manifested in a vicious or vindictive manner towards another person or persons;
#2- Repeated manifestations of contempt for his house or its forms of life or its superiors;
#3- Other transgressions of similar gravity.

2) Grounds of less gravity, sufficient for the dismissal of a temporarily professed monk, include;

#1- Disobedience to the legitimate directive of a superior in less grave matters, when such disobedience is pertinacious or obstinate;
#2- Repeated unlawful absences lasting overnight;
#3- Other transgressions of similar gravity.

S52 In the cases of ipso facto dismissal specified in CIC 694, it suffices that the abbot present evidence of the fact to his council and that the declaration of the fact be officially recorded in the minutes of the council and kept in the archives (S 29.3, #1).

 

 

Table of Contents

 

Rev. 08 Apr 2009 | www.osb.org/swissam/const/IIE4.html