AbstractThe most widespread method of computing confidence intervals (CIs) in complex surveys is to add and subtract the margin of error (MOE) from the point estimate, where the MOE is the estimated standard error multiplied by the suitable Gaussian quantile. This Wald-type interval is used by the American Community Survey (ACS), the largest US household sample survey. For inferences on small proportions with moderate sample sizes, this method often results in marked under-coverage and lower CI endpoint less than 0. We assess via simulation the coverage and width, in complex sample surveys, of seven alternatives to the Wald interval for a binomial proportion with sample size replaced by the 'effective sample size,' that is, the sample size divided by the design effect. Building on previous work by the present authors, our simulations address the impact of clustering, stratification, different stratum sampling fractions, and stratum-specific proportions. We show that all intervals undercover when there is clustering and design effects are computed from a simple design-based estimator of sampling variance. Coverage can be better calibrated for the alternatives to Wald by improving estimation of the effective sample size through superpopulation modeling. This approach is more effective in our simulations than previously proposed modifications of effective sample size. We recommend intervals of the Wilson or Bayes uniform prior form, with the Jeffreys prior interval not far behind.
AbstractNorovirus (NoV) in oysters is a food safety risk of much concern. In order to assess the risk of the exposure, the distribution of the number of NoV copies contained in each oyster should be acquired first for comprehensively quantifying the associated risks. However, the part of the distribution below the limit of quantification cannot be obtained directly by laboratory detecting methods, which hampers accurate assessment. To tackle this challenging problem, a systematic method (Distribution Inference Method by Pooled Sampling) is proposed to infer the unobservable part of distribution based upon all measurements of the pooled samples with n = 2. Using convolutional integrals and real‐coded genetic algorithm for inferring, this method has neither requirements for the type or properties of the original distribution, nor requirements for historical data, even nor requirements for the relationship between observable and unobservable parts of the distribution. A series of experiments were conducted on simulated datasets of a variety of types, including normal distribution, uniform distribution, gamma distribution, lognormal distribution, zero‐inflated Poisson distribution, their combinations, and even their splicing, covering common distribution types in oyster NoV scenario and more general scenarios. The results show that almost all inferred simulation data and their original counterparts passed Kolmogorov–Smirnov tests, which implies that they are essential of the same distribution. Based on this method, a ready‐to‐use web system was developed for researchers to infer their original distribution with pooled‐sampling measurements from the detection of NoV or even other substances.
AbstractIn the quest to model various phenomena, the foundational importance of parameter identifiability to sound statistical modeling may be less well appreciated than goodness of fit. Identifiability concerns the quality of objective information in data to facilitate estimation of a parameter, while nonidentifiability means there are parameters in a model about which the data provide little or no information. In purely empirical models where parsimonious good fit is the chief concern, nonidentifiability (or parameter redundancy) implies overparameterization of the model. In contrast, nonidentifiability implies underinformativeness of available data in mechanistically derived models where parameters are interpreted as having strong practical meaning. This study explores illustrative examples of structural nonidentifiability and its implications using mechanistically derived models (for repeated presence/absence analyses and dose–response of Escherichia coli O157:H7 and norovirus) drawn from quantitative microbial risk assessment. Following algebraic proof of nonidentifiability in these examples, profile likelihood analysis and Bayesian Markov Chain Monte Carlo with uniform priors are illustrated as tools to help detect model parameters that are not strongly identifiable. It is shown that identifiability should be considered during experimental design and ethics approval to ensure generated data can yield strong objective information about all mechanistic parameters of interest. When Bayesian methods are applied to a nonidentifiable model, the subjective prior effectively fabricates information about any parameters about which the data carry no objective information. Finally, structural nonidentifiability can lead to spurious models that fit data well but can yield severely flawed inferences and predictions when they are interpreted or used inappropriately.
arXiv:2010.10779v2 ; Dark matter phenomena in rotationally supported galaxies exhibit a characteristic acceleration scale of g† ≈ 1.2 × 10−10 m s−2. Whether this acceleration is a manifestation of a universal scale, or merely an emergent property with an intrinsic scatter, has been debated in the literature. Here we investigate whether a universal acceleration scale exists in dispersion-supported galaxies using two uniform sets of integral field spectroscopy (IFS) data from SDSS-IV MaNGA and ATLAS3D. We apply the spherical Jeans equation to 15 MaNGA and 4 ATLAS3D slow-rotator E0 (i.e., nearly spherical) galaxies. Velocity dispersion profiles for these galaxies are well determined with observational errors under control. Bayesian inference indicates that all 19 galaxies are consistent with a universal acceleration of g† = 1.5+0.9−0.6 × 10−10 m s−2. Moreover, all 387 data points from the radial bins of the velocity dispersion profiles are consistent with a universal relation between the radial acceleration traced by dynamics and that predicted by the observed distribution of baryons. This universality remains if we include 12 additional non-E0 slow-rotator elliptical galaxies from ATLAS3D. Finally, the universal acceleration from MaNGA and ATLAS3D is consistent with that for rotationally supported galaxies, so our results support the view that dark matter phenomenology in galaxies involves a universal acceleration scale. ; This research was supported by the National Research Foundation of Korea (NRF) grant funded by the Korea government (MSIT) (No. NRF-2019R1F1A1062477). M.B. acknowledges support from the NFS grant AST-1816330. H.D.S. acknowledges support from the Centro Superior de Investigaciones Cientificas PIE2018-50E099. ; Peer reviewed
This paper aims to provide an insight into the foundations of the development of the institution of venture capital financing, as well as summarize and conceptualize the experience of more economically developed countries, where the more favorable conditions have been created for the conduct of venture capital business. The authors' summarization of theoretical, methodological, and empirical data has made it possible to formulate the major issues characteristic of the making of the venture capital sector in countries with a transitive economy (Russia, in particular), as well as propose a set of solutions aimed at optimizing the legal and institutional space in the venture capital sector with a view to boosting the innovation activity of businesses. The authors derive the following major inferences: Venture capital financing is a modern institution whose activity is aimed at accumulating and redistributing temporarily available investment resources that are sought after in the sphere of innovation entrepreneurship; Countries whose economy may currently be recognized as transitive are characterized by a set of uniform issues: underdeveloped infrastructure in the national innovation system; lack of sources of venture capital financing; businesses reporting decreased innovation activity levels due to lack of economic incentives; lack of personnel resources; The evidence from the experience of more economically developed countries suggests that to enable the proper making of the institution of venture capital financing in countries with a transitive economy a set of interrelated objectives may need to be undertaken, namely: ensuring legal optimization; boosting investment attractiveness; altering the nature of partnership between the state, business, and science-and-education sector; reducing state participation in economic and research activity. ; peer-reviewed
The purposes of retaining biological material may be diverse. Biorepositories, which are containers of biological materials, are referred to as biobanks in English-language scholarship or biotheques in French. There is no uniform agreement in legal and medical scholarship as to the scope of biological material to be maintained in order for an institution to be called a 'biobank', or the actual aim of such maintenance. At present, special techniques are already able to determine the identity of the individual whose biological material is retained; thus, in case such data is identifiable using various techniques, they should be considered as personal data in accordance with the recent judgment of the Latvian Senate, No. SKA-166/2020. Such an inference is quite apparent, but this issue requires the resolution of the situation whereby biobank data could legitimately be produced for the necessity of administering justice, and whether this would be possible in principle. The court practice of the Nordic States already holds that a court may allow the production of biobank records, but this heavily depends upon the circumstances of the case: such situations may arise in civil litigation relating to paternity claims or to the right to know one's origin, and prosecution offices may opt to request biobank data for investigating suspicious deaths. In some other instances, biobanks, cryobanks, and medical institutions governing biobanks may be sued for illegitimate collection and maintenance of biological samples without the notification of the party involved – which are known in the United States of America, as well as one outstanding case in Iceland. The current situation concerning litigation relating to legitimate biobank data disclosure is evolving, and the legislation relating to it is either frequently absent, or lacks clarification. In this paper, the author calls for the clarification of legitimate instances where biobank data could be disclosed for the needs of court proceedings upon the examples of Latvian law, ...
Инстанционность является организационным началом пересмотра вступивших в законную силу судебных решений по уголовным делам. Автор статьи рассматривает вопрос о количестве кассационных инстанций в современном уголовном процессе, обосновывает вывод о необходимости функционирования на уровне страны высшего кассационного суда, который должен обеспечивать единство судебной практики. Действующая в России система пересмотра вступивших в законную силу судебных решений по уголовным делам сопоставляется с моделью классической кассации, воспринятой российским законодательством в XIX столетии. Автор проследил эволюцию становления инстанционности в российском уголовно-процессуальном законодательстве со времени действия Устава уголовного судопроизводства 1864 г., отметив устойчивую тенденцию к увеличению числа проверочных инстанций в советском уголовном процессе. Идея единства кассационного суда, по мнению автора, вовсе не означает, что в системе уголовного процесса должна быть лишь одна кассационная инстанция. Множественность таких инстанций вполне допустима и оправдана, так как повышает результативность пересмотра и тем самым создает дополнительные гарантии конституционного права личности на судебную защиту. Но при этом принципиально важно, чтобы в судебной системе был высший кассационный суд, поскольку без этого невозможно обеспечить единство судебной практики. ; Availability of instances is the organizational source for reviewing valid judgments in criminal cases. The author examines the issue of the number of cassation instances in a contemporary criminal procedure, substantiates the inference of the necessity for the existence of a supreme cassation court which will provide uniform judicial practice at the national level. The current system of reviewing valid judgments in criminal cases in Russia is compared with the model of a classic cassation adopted by the Russian legislation in the nineteenth century. The author traces the evolution of establishment of instances in the Russian criminal procedure legislation since the operation of the Charter of Criminal Proceedings of 1864, notes a steady tendency towards the increase in the number of check-up instances in the Soviet criminal procedure. In the author's opinion, the idea of the unity of a cassation court does not at all mean that there must be only one cassation instance. Multiplicity of such instances is admissible and justifiable as it improves the efficiency of a review and thus creates additional guarantees of the constitutional right of a person to judicial protection. At the same time it is essential that the judicial system should have the highest cassation court as it is impossible to ensure the unity of judicial practice without it.
1. Information Science and Statistics -- Information Science and Statistics -- Catastrophe Theory as a Tool for Statistical Analysis of Systems -- New Procedures for Generating Optimal Experimental Designs -- 2. Probabilistic Models in Exploratory Data Analysis -- Some Guidelines for Principal Component Analysis -- Comparison of Least Squares with Least Absolute Deviation Forecasting Using Simulation Techniques -- Modeling the Reliability of Fault-Tolerant Software Systems -- Computerized Exploratory Screening of Large-Dimensional Contingency Tables -- A Fast Algorithm for Some Exploratory Methods in Categorical Data Problems -- Easy to Generate Metrics for Use with Sampled Functions -- 3. Computational Approach of Inference -- Sequential Inference Processes in Computational Aspects -- Variance Components as a Method for Routine Regression Analysis of Survey Data -- On the Assessment of Case Influence in Generalized Linear Models -- 4. Numerical Aspects of Statistical Computations -- Algoritmic Development in Variable Selection Procedures -- Linear Models of Categorical Variables -- A Fast Algorithm for Curve Fitting -- Generalized Multiplicative Models -- A Convenient Way of Computing ML-Estimates: Use of Automatic Differentiation -- On the Numerical Solutions of Bounded Influence Regression Problems -- Testing of Statistical Algorithms and Programs with the Help of the Multivariate Sample, Having Described Values of Empirical Parameters -- 5. Three-Mode Data Matrices -- Analysis of Three-Way Data Matrices Based on Pairwise Relation Measures -- Factor Analysis of Evolution and Cluster Methods on Trajectories -- 6. Cluster Analysis Methods and Algorithms -- Links Between Clustering and Assignment Procedures -- Identification of Linear Regression Models by a Clustering Algorithm -- Validity Tests in Cluster Analysis Using a Probabilistic Teacher Algorithm -- New Kinds of Graphical Representation in Clustering -- Projection of an Acute Symmetrical Simplicial Closed Convex Cone and its Application to Star Graphs -- Design of a Command Language for Interactive or Batch Use in a Statistical Package -- Cross Association Measures and Optimal Clustering -- 7. Robustness in Multivariate Analysis -- Multivariate Data Analysis, Contributions and Shortcomings of Robustness in Practice -- On the Use of Bootstrap and Jackknife in Covariance Structure Analysis -- On a Class of Robust Methods for Multivariate Data Analysis -- Robust Recursive Estimation and Detection of Shifts in Regression -- How Robust is One Way Anova with Respect to within Group Correlation -- Algorithms for the Beta Distribution Function -- 8. Computer Graphics and Data Presentation -- An Interactive Graphic System for Designing and Accessing Statistical Data Bases -- Non-Standard Graphical Presentation -- Computer Graphics and Data Presentation, a First Step Toward a Cognitive and Ergonomic Analysis -- 9. Expert Systems -- Expert Systems and Data Analysis Package Management -- Developing Intelligent Software for Non-Linear Model Fitting as an Expert System -- Express — An Expert System Utilizing Standard Statistical Packages -- Muse: An Expert System in Statistics -- Building Expert Systems with the Help of Existing Statistical Software: An Example -- Statistical Data Validation and Expert Systems -- Knowledge Base Supported Analysis of Longitudinal Data -- How to Assist an Inexperienced User in the Preliminary Analysis of Time Series: First Version of the Estes Expert System -- Object-Oriented Data Representations for Statistical Data Analysis -- 10. Statistical Software -- Algorithms for the Beta Distribution Function -- Interactive User-Friendly Package for Design and Analysis of Experiments -- NL: A Statistical Package for General Nonlinear Regression Problems -- Statistical Software for Personal Computers -- Recursive Techniques in Statistical Programming -- Design Criteria for a Flexible Statistical Language -- Statistical Software SAM — Sensitivity Analysis in Multivariate Methods -- 11. Data Handling and Computational Methods of Clinical Trials -- Data Handling and Computational Methods in Clinical Trials -- Database Assisted Conduct of Clinical Trials -- An APL-System for Analysing Multivariate Data -- AMS — A Computer Program for Survival Analysis, General Linear Models and a Stochastic Survival Model -- 12. Econometric Computing -- A Multilingual Specification System for Statistical Software -- An Efficient Algorithm for Time Series Decomposition -- 13. Statistical Data Base Management Systems -- Database Management and Statistical Data Analysis: The Need for Integration and for Becoming More Intelligent -- Privacy, Informatics and Statistics -- Italian Statistical Data Dictionary System Prototype Developed with a 4th Generation Language -- A Methodology for Conceptual Design of Statistical Databases -- Towards Natural Integration of Database Management System and Statistical Software -- Easy-Link: An Expert Natural Language Interface to a Statistical Data Bank -- Farandole: A RDBMS for Statistical Data Analysis -- Model- and Method Banks (MMB) as a Supplement to Statistical Data Banks -- A Security Mechanism Based on Uniform Rounding to prevent Tracker Techniques -- 14. Teaching of Computational Statistics -- A Data Analysis Course in a Computer Science Faculty -- Teaching Computational Statistics on Workstations -- Teaching Regression Analysis Using MIMOSA — an Interactive Computer System for Matrix Calculus -- Late Arrivals -- Practical Use of Color Imagin in Automatic Classification -- Algorithm and Software of Multivariate Statistical Analysis of Heterogeneous Data -- Adress-List of Authors.
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The arrival of the modern matron into the NHS acute setting in 2001 was in response to increased public and political concern regarding standards of nursing care and the quality of patient care. As a politically motivated initiative, the modern matron role and its relationship with the concept of the traditional matron has been extensively debated. The aims of this study were to explore: 1. How far the modern matron represents continuity between the traditional matrons of the mid 20th century and the present day. 2. What socio-political forces led to the development and establishment of the modern matron? 3. From the perspective of health professionals, what impact has the modern matron had on the quality of patient care? Adopting a case study design underpinned by realistic evaluation, the study involved interviewing patients and a carer, a focus group and interviews with staff and national policy leads. Documentary analysis was undertaken on a set of traditional matron archives. A number of key themes emerged from the research, including: the importance of uniform and visibility, patient expectations, the impact of policy processes and the political rationale for national policy change. Conflict between ensuring nursing quality and operational demands, which acts as a barrier to the modern matron role, was also found. Long-held assumptions about the functions and the positioning of the traditional matron are explored, with continuity and divergence between the traditional and modern matron roles revealed. Using a realistic evaluation approach, the findings were framed whilst considering the structural and generative elements, which resulted in social interplay or visible phenomena and provided an explanation for the predicament of the modern matron. The key conclusions were that national policy decisions appeared to be diluted once locally implemented. Modern matrons in part did positively impact on care quality. The introduction of modern matrons and the quality agenda may have been the start of a national discussion about how to continually improve patient care in an arena where intermittent care quality challenges which give concern. The effect of previous national policies that impacted on senior nurses may have diverted them away from their core purpose – patient care. The modern matron guidance may have been limited before publication by the inference within it about limiting the authority of the new post-holders. There was limited evidence of the modern matrons' visibility to patients and this was reflected by the traditional matron's accounts. The expectation of modern matrons' physical presence may have been drawn from assumptions embedded in nostalgia and media portrayal of the traditional matron. The thesis concludes with implications for strategic nurse leaders and national policy leads to consider how the organisational arrangements for secondary care can best support and secure the ultimate aim of consistent provision of good quality nursing care.
The association of Wari with Quechua, or proto-Quechan speech, cannot be demonstrated by an unbroken tradition of material culture such as ceramic style from the Middle Horizon to ethnohistorically known Quechua speaking communities. However, the spread of Wari from its northern Ayacucho homeland, to the archaeologically most obvious colonies that stretch across Andes from Cuzco to southern Ayacucho, and into Ica and Arequipa, corresponds remarkably with the ethnohistoric distribution of Quechua IIC. This is the most convincing confirmation that Wari spoke proto-Quechua. Variation among southern Quechua IIC dialects suggests to linguists that dispersal was later than the Middle Horizon. However, if a unified Wari polity promoted a uniform speech community throughout its southern domain it is likely that differentiation would not have begun until Huari collapsed at the end of the Middle Horizon.The origins of Wari lie in long-term interactions between highland Huarpa and coastal Nasca cultures, perhaps establishing an expansive political confederation by the end of the Early Intermediate Period. If Nasca people spoke proto-Aymara and Huarpa folk spoke proto-Quechua, this alliance may account for the ancient relationship between these two proto language groups, described by historical linguists. Archaeological evidence for Wari in the north, especially the Mantaro, the Callejón de Huaylas, and Huamachuco, suggests an early phase of colonization with direct rule, followed by the rise of local elites allied with Wari nobility, indirect rule, and processes of ethnogenesis, that probably promoted linguistic distinction, albeit retaining Wari affiliation. Consequently, although Quechua may have arrived in the north highlands at more or less the same time as the south, separation of Quechua I languages in this northern region probably began early in the Middle Horizon, and experienced social pressures promoting rapid differentiation. The Quechuas of the central coast and far northern Cajamarca are confusing, but new understandings of the archaeology will require new inferences about the past. In the meantime, it is at least plausible to propose that proto-Quechua was spread by Wari, during the Middle Horizon, and that Wari should be credited with the dispersal of Quechua as a whole, not just Quechua II. ; La asociación de Wari con el quechua o el protoquechua no se puede demostrar con una tradición ininterrumpida de cultura material desde los estilos de cerámica del Horizonte Medio a las comunidades quechuahablantes etnohistóricamente conocidas, pero su dispersión desde su área de origen en el norte de Ayacucho hasta las colonias arqueológicamente más obvias que se extienden lo largo de los Andes desde el Cuzco al sur de Ayacucho, así como hacia Ica y Arequipa, corresponde, de manera notable, con la distribución etnohistórica del quechua IIC. Esta constituye la confirmación más convincente de que los wari hablaron protoquechua. La variación entre los dialectos quechua IIC del sur sugiere a los lingüistas que la dispersión fue posterior al Horizonte Medio. Sin embargo, si se plantea el escenario de una entidad política unificada como Wari, que promovió una comunidad con una lengua uniforme a lo largo de sus dominios en el sur, es probable que la diferenciación no haya empezado si no hasta que Huari, y su imperio, colapsaron hacia fines del Horizonte Medio.Los orígenes de Wari se pueden encontrar en una serie de interacciones de largo plazo entre las culturas Huarpa, de la sierra, y Nasca, de la costa, posiblemente con el establecimiento de una confederación política expansiva hacia fines del Período Intermedio Temprano. Si los grupos nasca hablaban protoaimara y la gente huarpa se comunicaba mediante el protoquechua, dicha alianza podría explicar la antigua relación entre estos dos grupos protolingüísticos descritos por los lingüistas históricos. La evidencia arqueológica para Wari en el norte, especialmente en el Mantaro, el Callejón de Huaylas y Huamachuco, sugiere una fase temprana de colonización acompañada de un control directo, a lo que siguió un ascenso de las elites aliadas con la nobleza wari, un control indirecto y procesos de etnogénesis que, probablemente, promovieron una diferenciación lingüística, si bien conservaron la filiación wari. Como consecuencia de ello, si bien el quechua puede haber llegado a la sierra norte aproximadamente al mismo tiempo que al sur, la separación de las variantes del quechua I en estas regiones del norte empezó, quizá, de manera temprana en el Horizonte Medio y experimentó imposiciones sociales que estimularon una rápida distinción. La situación de los quechuas de la costa central y de Cajamarca, en el extremo norte, es confusa, por lo que las nuevas interpretaciones por parte de la arqueología requerirán de nuevas inferencias acerca del pasado. En el entretanto, es posible proponer, al menos, que el protoquechua fue difundido por Wari durante el Horizonte Medio y que a Wari se le debe atribuir la dispersión del quechua en su integridad y no solo del quechua II.
Iura Novit Curia in International Commercial Arbitration: How Much Justice Do You Want? /Christian P. Alberti --The TransLex Principles: An Online Research Tool for the Vis Moot and International Arbitration /Klaus Peter Berger --The "Gateway" Problem in International Commercial Arbitration /George Bermann --The Influence of the English Language: A Gradual Acceptance of Anglo-American Legal Culture in International Arbitration /Siegfried H. Elsing --The Latest Developments in Commercial Arbitration in Romania /Grigore Florescu and Cristina Florescu --Pathological Arbitration Clauses: Another Lawyers' Nightmare Comes True/Daniel Girsberger and Pascal J. Ruch --Bringing Efficiency to the Awarding of Fees and Costs in International Arbitrations /John Y. Gotanda --Competence-Competence and Separability - American Style /Jack Graves and Yelena Davydan --Adverse Inferences in International Arbitral Practice/Simon Greenberg and Felix Lautenschlager --The UNCITRAL Notes on Organizing Arbitral Proceedings: Time for an Update? /Philipp A. Habegger and Anna von Mühlendahl --Arbitration is Only as Good as its Arbitrators /Lord Hacking --The Commercial Way to Justice /Geoffrey M. Beresford Hartwell --The Judicialization of International Arbitration: Does the Increasing Introduction of Litigation-Style Practices, Regulations, Norms and Structures into International Arbitration Risk a Denial of Justice in International Business Disputes? /Günther J. Horvath --Problems at Both Ends /Neil Kaplan --Law, Para-Regulatory Texts and People in International Arbitration: Predictability or Fureur Reglementaire? /Pierre A. Karrer --The Evolving Role of an Appointing Authority /Christopher Kee --The Arbitration Agreement in Enforcement Proceedings of Foreign Awards: Burden of Proof and the Legal Relevance of the Tribunal's Decision /Stefan Michael Kröll --Cross-Border Insolvency and Arbitration: Which Consequences of Insolvency Proceedings Should be Given Effect in Arbitration? /Vesna Lazić --Arbitral Seats - Choices and Competition /Loukas A. Mistelis --Are Unilateral Appointments Defensible? On Jan Paulsson's Moral Hazard in International Arbitration /Alexis Mourre --(In)Appropriate Compromise: Article 16(3) of the Model Law and its Progeny /Vladimir Pavić --Moral Damages in International Investment Arbitration /Ingeborg Schwenzer and Pascal Hachem --A Uniform, Three-step Approach to Interest Rates in International Arbitration /Matthew Secomb --(In)Arbitrability and Exclusive Jurisdiction: Parallels that Matter /Alan Uzelac --Can Proceeding "Not in Accordance with the Agreement of the Parties" be Condoned? Remarks on Article V(1)(d) of the New York Convention /Tibor Várady --Corruption in International Arbitration and Problems with Standard of Proof: Baseless Allegations or Prima Facie Evidence? /Stephan Wilske and Todd J. Fox --he Principle of Debtor Protection under the UN Convention on the Assignment of Receivables /Orkun Akseli --Consequences of Avoidance under the CISG /Mariel Dimsey --Declaration of Price Reduction under the CISG: Much Ado About Nothing? /Milena Djordjević --Excluding CISG Article 35(2) Quality Obligations: The 'Default Rule' View vs the 'Cumulation' View /Harry M. Flechtner --Cover Purchase Without Avoidance: Welcome When Worthwhile /Peter Huber and Ivo Bach --Surprising Terms in Standard Contracts under the CISG /Robert Koch --The CISG 'Secretariat Commentary': Has it Stood the Test of Time? /Francesco G. Mazzotta and Vikki M. Rogers --The CISG - A Lex Amicorum /Joseph F. Morrissey --Avoidance for Non-conformity of Goods under Art. 49(1)(a) CISG /Markus Müller-Chen and Lara M. Pair --Bergsten's Mark on the Law's International Reasonable Person /Elisabeth Opie --Mr Bergsten's Neighbourhood: The Vis Moot, Legal Education, and Rule of Law /Ronald A. Brand --The Willem C. Vis International Commercial Arbitration Moot: Reflections from an Arbitrator's Perspective /Hew R Dundas --International Arbitration and Legal Education in the 21st Century /J. Martin Hunter and Ziva Filipic --Pre-Moot Serves Regional Integration /Judith Knieper --Three Perspectives on the Willem C. Vis International Commercial Arbitration Moot /Patricia Shaughnessy, Thomas Lavelle and Jonathan Robilotto --Making Progress: How Eric Bergsten and the Vis Moot Advance the Enterprise of Universal Peace /Mark R. Shulman --From Competition to Symbiosis: Commercial Context and Commercial Law and their Importance in Legal Education /Pilar Perales Viscasillas and David Ramos Muñoz --Problem Based Learning in Legal Education /Jeff Waincymer --The Development of a Unique Summer Internships Abroad Program at Pace Law School, 1995-Present /Gayl Westerman.
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Full author list: A J Shajib, S Birrer, T Treu, A Agnello, E J Buckley-Geer, J H H Chan, L Christensen, C Lemon, H Lin, M Millon, J Poh, C E Rusu, D Sluse, C Spiniello, G C-F Chen, T Collett, F Courbin, C D Fassnacht, J Frieman, A Galan, D Gilman, A More, T Anguita, M W Auger, V Bonvin, R McMahon, G Meylan, K C Wong, T M C Abbott, J Annis, S Avila, K Bechtol, D Brooks, D Brout, D L Burke, A Carnero Rosell, M Carrasco Kind, J Carretero, F J Castander, M Costanzi, L N da Costa, J De Vicente, S Desai, J P Dietrich, P Doel, A Drlica-Wagner, A E Evrard, D A Finley, B Flaugher, P Fosalba, J García-Bellido, D W Gerdes, D Gruen, R A Gruendl, J Gschwend, G Gutierrez, D L Hollowood, K Honscheid, D Huterer, D J James, T Jeltema, E Krause, N Kuropatkin, T S Li, M Lima, N MacCrann, M A G Maia, J L Marshall, P Melchior, R Miquel, R L C Ogando, A Palmese, F Paz-Chinchón, A A Plazas, A K Romer, A Roodman, M Sako, E Sanchez, B Santiago, V Scarpine, M Schubnell, D Scolnic, S Serrano, I Sevilla-Noarbe, M Smith, M Soares-Santos, E Suchyta, G Tarle, D Thomas, A R Walker, Y Zhang ; We present a blind time-delay cosmographic analysis for the lens system DES J0408-5354. This system is extraordinary for the presence of two sets of multiple images at different redshifts, which provide the opportunity to obtain more information at the cost of increased modelling complexity with respect to previously analysed systems. We perform detailed modelling of the mass distribution for this lens system using three band Hubble Space Telescope imaging. We combine the measured time delays, line-of-sight central velocity dispersion of the deflector, and statistically constrained external convergence with our lens models to estimate two cosmological distances. We measure the 'effective' time-delay distance corresponding to the redshifts of the deflector and the lensed quasar DΔ t eff=3382-115+146 Mpc and the angular diameter distance to the deflector Dd = 1711-280+376 Mpc, with covariance between the two distances. From these constraints on the cosmological distances, we infer the Hubble constant H0= 74.2-3.0+2.7 km s-1 Mpc-1 assuming a flat ΛCDM cosmology and a uniform prior for ωm as \Omega m ∼ \mathcal {U(0.05, 0.5). This measurement gives the most precise constraint on H0 to date from a single lens. Our measurement is consistent with that obtained from the previous sample of six lenses analysed by the H0 Lenses in COSMOGRAIL's Wellspring (H0LiCOW) collaboration. It is also consistent with measurements of H0 based on the local distance ladder, reinforcing the tension with the inference from early Universe probes, for example, with 2.2σ discrepancy from the cosmic microwave background measurement. ; TT acknowledges support by the Packard Foundation through a Packard Research fellowship and by the National Science Foundation through NSF grants AST-1714953 and AST-1906976. This project is partly funded by the Danish council for independent research under the project 'Fundamentals of Dark Matter Structures', DFF - 6108-00470. AA was supported by a grant from VILLUM FONDEN (project number 16599). JHHC, MM, CL, DS, FC, and AG acknowledge support from the Swiss National Science Foundation (SNSF) and by the European Research Council (ERC) under the European Union's Horizon 2020 research and innovation program (COSMICLENS: grant agreement No 787866). CS has received funding from the European Union's Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie actions grant agreement No 664931. GCFC acknowledges support from the Ministry of Education in Taiwan via Government Scholarship to Study Abroad (GSSA). CDF and GCFC acknowledge support for this work from the National Science Foundation under Grant No AST-1715611. TA acknowledges support from Proyecto FONDECYT N○ 1190335. KCW was supported by World Premier International Research Center Initiative (WPI Initiative), MEXT, Japan. This work used computational and storage services associated with the Hoffman2 Shared Cluster provided by UCLA Institute for Digital Research and Education's Research Technology Group. This work used the Extreme Science and Engineering Discovery Environment (XSEDE) through allocation TG-AST190038, which is supported by National Science Foundation grant number ACI-1548562 (Towns et al. 2014). Specifically, this work used the Comet and Oasis system at the San Diego Supercomputer Center (SDSC), and the Bridges system, which is supported by NSF award number ACI-1445606, at the Pittsburgh Supercomputing Center (PSC, Nystrom et al. 2015). AJS thanks Smadar Naoz for providing access to additional computing nodes on the Hoffman2 Shared Cluster and Khalid Jawed for assisting with additional computational resources from the Structures–Computer Interaction Laboratory at UCLA. The DES data management system is supported by the National Science Foundation under Grant Numbers AST-1138766 and AST-1536171. The DES participants from Spanish institutions are partially supported by MINECO under grants AYA2015-71825, ESP2015-66861, FPA2015-68048, SEV-2016-0588, SEV-2016-0597, and MDM-2015-0509, some of which include ERDF funds from the European Union. IFAE is partially funded by the CERCA program of the Generalitat de Catalunya. Research leading to these results has received funding from the European Research Council under the European Union's Seventh Framework Program (FP7/2007-2013) including ERC grant agreements 240672, 291329, and 306478. We acknowledge support from the Australian Research Council Centre of Excellence for All-sky Astrophysics (CAASTRO), through project number CE110001020, and the Brazilian Instituto Nacional de Ciência e Tecnologia (INCT) e-Universe (CNPq grant 465376/2014-2).
Issue 1.1 of the Review for Religious, 1942. This is the first issue of the publication. ; A.M.D.G.- -~ Review for ehg ous " " JANUARY 15, 1942 ,~>The Vow of P~overfy . ~The oE udta÷ O~Iotn er ¯ Hygienic M6rfificafio~ -- Exemptions from F~s+ing ~.~ ~Bellar~ine's S[gn of The:~Lmfurgy ih'Mo~ern ~r ¯ Religious Cg~secration : . By M~ffhew Germlng,-S.J. . By Adam C. Ellis, S.J. ~.By, William J. McGucken, S.J. ~' " By,'~. Augustine Ellard, S;J. '~ ~. By Gerald Kelly, ~S.J. '/ By C!pm~nt DeMufh, S.J. B~. ~rald Ellard, SfJ. .° VOLUME. NUMBER 1 Review ~:or Religious Volume I January--December 1942 Published at THE COLLEGE PRESS Topeka, Kansas Edited by THE JESUIT FATHERS SAINT MARY'S COLLEGE St. Marys, Kansas REVIEW FOR RELIGIOUS VOLUME I JANUARY 15, 1942 NUMBER CONTENTS GREETINGS FROM THE BISHOP OF LEAVENWORTH Tlie Most Reverend Paul C. Schulte, D.D. 4 PLANS AND ACKNOWLEDGEMENTS~The Editors .6 RELIGIOUS CONSECRATION--Matthew Germing, S.J . 8 JOHN NEPOMUCENE NEUMANN . 14 THE VOW OF POVERTY IN THE CODE OF CANON LAW Adam C. Ellis, S.J . 15 THE EDUCATION OF SISTERS--William J. McGucken, S.J .2.7. HYGIENIC MORTIFICATION---G. Augustine Ellard. S.J .3.2 EXEMPTIONS FROM FASTING--Gerald Kelly, S.J .4.2. SAINT ROBERT BELLARMINE'S SIGN OF THE CROSS Clement DeMuth, S.J . 47 LITURGY IN THE PATTERN OF MODERN PRAYING Gerald Ellard, S.J . 51 BOOK REVIEWS .THE MASS. By the Reverend Joseph A. Dunney . 63 A CATHOLIC DICTIONARY. Edited by Donald Attwater . 63 ALL THE DAY LONG. By Daniel Sargent . 64 "FEAR NOT, I~ITTLE FLOCK.'" By the Reverend George Zimpfer 65 QUESTIONS AND ANSWERS 1. Period of Recollection before Perpetual Vows . . " . 68 2. Shortening the Second Year of Novitiate . 68 3. Permission of Parents for Emergency Operation .69 4. Recital of Little Office by those absent from Community Recitation 69 5. Private Vows by Professed Religious . 70 6. Curtain between Priest and Penitent in Convent Confessional 70 DECISIONS OF THE HOLY SEE OF INTEREST TO RELIGIOUS 71 REVIEW FOR RELIGIOUS, January, 1942. Vol. I, No. 1. Published bi-monthly: ,January, March, May, July, September, and November, at The College Press, 606 Harrison Street, Topeka, Kansas, by St. Mary's College, St. Marys, Kansas, with ecclesiastical approbation. Application for second class entry pending. Editorial Board: Adam C. Ellis, S.3.,~ G. Augustine Ellard, S.3., Gerald Kelly, $.J. Copyright; 1942, by Adam C. Ellis. Permission is hereby granted~for quotations of reasonable length, provided due credit be given this review and the author. Address all communications to: Review for Religious, St. Mary's College, St. Mar/s, Kansas. Printed in U.S.A. Greet:ings-t: 'om !:he Bishop ot: Leavenw0rt:h WE ARE reminded of the striking analogy that exists between the Mystical Body of Christ and our own physical body. As the human body is made up of mil-lions of tiny ~ells, each cell in a sense a distinct entity having its .own function, so too, the Church is made up of millions of individual members, living individual lives; yet, even as ehch cell in our body draws life from the soul, ~so also is ~ach member of the Mystical Body of Christ quickened by the spiritual life of Sanctifying Grace. Carrying the analog~r further, we are reminded that, as the tiny individual cells are grouped so as to form individu.al organs and members of ~our body,, so too, in the Mystical .Body of Christ, individual men and women are o/~ten grouped into societies andorganizations, distinct, yet work-ing for the common good and drawing life and inspiration from th~ one spiritual head. As St. Paul reminds us,, "the eye cannot say to the hand: I need not thy help; nor again the head to the feet: I have no need of you,'; neither can the various groups within the Church be self-centered, but" they must work for the common good of the whole Church under the guidance of its head, Christ's Vicar on earth. The religious form what might be called the right arm of the Mystical Body of Christ. Ever since our Divine Savior gave the invitation to the young man in the Gospel, "if thou Wilt be perfect, go sell what thou hast, and give to .the poor . and come, follow me," noble souls have been inspired to lea~e all things and seek perfection in the life of the religious. The very earliest centuries of the Church already found the deserts filled with the cells of the anchor-ites, from which soon was to be born the great monastic sys-tem as we have it today. Naturally, the unusual form of life led by the religious presents for them unusual problems. The Church in her canon law has taken cognizance of this and has devoted much space to defining the rights and duties of religious, both as indi'viduals and as institutions. However, the rami-fications of these rights and duties are so far reaching, and the field of direction towards spiritual perfection is so vast that the volumes upon volumes of commentaries that have been Written have not begun to exhaust the subje.cts. Besides, new .problems are ever arising. We have today many reviews of a general ecclesias-tical character dealing withthe multitudinou~s phases of the Church ~n general, yet we can readily see the need of a special review for the religious, not only to explain .the general laws governing their lives, but also to keep them abreast of the problems that theever-changing world is presenting to them. We feel confident therefoie that REVIEW FOR RELIGIOUS, which is making its bow. with this issue, will be .not .only very helpful to the religious but welcomed by the entire Church. We are happy to give it our personal approbation and fed honored that it is to be published in our Diocese. We are confident of its success under the editorial guidance of the Jesuit Fathers of St. Mary's. May it live long and effect much "pro Deo et Ecclesia!" PAUL C. SCHULTE, Bishop of Leaventvortl~. Plans :nd. ' . Acknowl dgem.ents N THIS initial number of REVIEW FoR RELIGIOus .wish tO say something Of our purpose,and ourplans, so that our readers may know rather definitely what to expect of us. ,, Our 'review is for all religious, clerical and non-clerical. However, we shall consider primarily the needs of brothe~ and nuns, bec~iuse clerics, particularly those in sacred orders, already have many excellent reviews at their disposal. This policy need not make the review less interesting to clerics, and it should increase its utility for those who may be entrusted with the spiritual guidance of other religious. In this latter connection, the review may also be of service to diocesan priests, as many of them are confessors and spiritual directors of religious. We have founded this magazine for a two-fold purpose: first, to aid °religi"ous in their personal sanctification; and secondly, to be of some service to them in carrying on their respective °apostolic works. The first purpose evidently call~ for articles of a purely ascetical nature; also for solid articles on the doctrines, legislation, and liturgy of the Church, as all true piety must ultimately conform to the Church's doctrine and practice. In line with the second purpose w~ll be a~'ticles which may have no direct bearing on ~he personal li:¢es of the religious themselves, such as background articles on various sections of the catechism, suggestions.for the care of the sick and the dying and for the ~arrying on of other ministries. Our general policy will be to offer articles of interest to all, but this policy cannot be inflexible. Some topics will be of use to superiorsand of slight value to subjects; some will be esl~ecially for brothers, others for nuns: some may concern only those engaged ina definite work such-as teaching, caring for the sick, and so forth. We think it well to adopt no general policy that would exclude such special-ized articles; otherwise our power for good would be great-ly diminished. We antidpate difficulties. The war situation evidently increases the difficulty .of .making definite plans. Some of our articles will be quite theological in content, yet these must be written in a non-technical, and understandable manner--an accomplishment that is not easy. On the part of our subscribers, some superiors have already suggested to us that a huge difficulty will be to find time for reading the review. We realize the force of. this practical objection: yet we hope that a fair number of individuals will find the time for private reading, and we suggest, that some articles frbm each issue will be suitable for community reading. The launching of. this project is the result of extensive dreaming and planning. Indeed, we should have begun many years ago, had not a certain unforeseen event delayed 9ur plans. Today, as we finally go to press, we are moved with an intense spirit of gratitude, to God for His assistance, and to all others who have helped us. Almost universally we have met with encouragement andcooperation. Our Bishop has been most kind in appro;cing our venture; our own and other re.ligious superiors were constantly helpful. Higher superiors, in general, responded very promptly and generously to our request for lists of houses to circularize: in many instances the superiors themselves sent subscrip-tions for entire congregations or provinces, thus saving us considerable labor and expense. May God bless them a11, and may He prosper this work begun for His greater glory! -~THE EDITORS. Religious Consecrat:ion Matthew .Germing, S.3. HOLY,SCRIPTURE says: "He that contemneth small things ~hall fall by little and little" (Ecclesiasticus 19:1). Spiritual writers commenting on these words rightly insist on the importance of little thing~ in the spiritual life. In the present consideration I wish to call attention, primarily, not to little things but to a big truth. I say, "primarily," because I believe that often enough interest in little things is best promoted by insistence on some large fundamental truth or fact on which the little ¯ things depend. Such a truth, once it has been thoroughly understood and assimilated, once it has. permeated the very marrow of our being and is thereafter kept vig.or.ously alive in mind an, d heart, will be a wonderfully energ,zmg force in the daily routine of life. It will extend its influence to the smallest actions of the day and thus compel us to take heed of even the little things. . Of this character is the consecration to God made by the members of every religious order and congregation. We are familiar in a general way with the meaning of consecration. Persons or things are consecrated when they are set apart and with the proper ceremonies dedicated to God or the Service of God. Thus the chalice used by the priest at Mass is consecrated; it is sacred and may not be used for any other purpose. To use it for other purposes would be sinful and sacrilegious. The same holds of a consecrated church. All religious are consecrated to Gdd by means of the three vows of religion. They are sacred in the eyes of God, far more sacred than consecrated church or ~halice. Whether they bel6ng to an active or a contemplative order, whether they are engaged in school work or hospital duties, whether in charge of orphans or caring for the aged and infirm, no matter what their function or task or position in the com-munity, all are consecrated to God. And they are so con-secrated by their three vows. There is a twofold aspect to these vows, the .negative and the positive. The negative aspect is "the privation involved in the vows, but privation is not the distinctive feature of religious poverty, chastity, and obedience. The mere lack of temporal goods does not make anyone accept.- able or sacred in God's sight. Poverty .as'such makes.many people in the world at large discontented and miserable, leading to complaints and rebellion against Providence. Nor does celibacy with its privations have of itself a sancti-fying effect. And as for obedience, a man may be a slave and be far from Christian and ev.angelical obedience. It is the motive that counts. It. is the love of Christ, the conse-cration to God which is the purpose and end of.all these sacrifices and privations, that makes them precious in the sight of heaven. And this is the positive aspect of the vows of religion. When we pronounced our vows for the first time we offered to God, to Christ our King and to His Sacred Heart all we had or possessed, and made ourselves entirely depen-dent on God and His representatives on earth. When St. Francis of Assisi bade farewell to his father and gave away the very clothes he wore, he said: "Now I can truly say, our-Father who art in heaven," Certainly Francis knew that God was his Father before that time, but he meant to say that only now was he absolutely without all earthly support whatever; he had only his Father in ¯ heaven to rely upon. And this gave him perfect joy and perfect cbnfidence. Blessed are we if our renunciation of the things of earth was nearly as complete as that of St. Francis and made in the same joyous~spirit. Then we can exclaim with him in ~ransportsof seraphic love, "My God and my all!" and pray to God in the word of another saint, "Give me only Thy love and Thy grace and I am rich enough and desire nothing more." But in pronouncing our vows we did much more than despoil ourselves of all temporal possessions out of love for Christ our Lord. We offered ourselves. There is recorded for us in Holy Scripture (I Paralipomenon 29: 16, 17) the touching prayer of King David when, surrounded by a vast multitude of his people, he offered to Almighty God the gold and silver and precious stones he had gathered from far and near for the temple which his son Solomon was to build. And David prayed: "O Lord our God, all this store ¯ that we have prepared to build thee a house for thy holy name is from thy hand, and all things are thine. I know, my God, that thou provest hearts and lovest simplicity, wherefore I also in the simplicity of my heart have 'joyfully offered all these things." We also on the day of our vows made our offerings to God in joyful spirit, presenting not gold or silver or precious stones but gifts, far more precious m the sight of heaven--the loyalty and devotion of a con-secrated soul. We knelt before the altar and in simplicity and sincerity of heart pronounced the vows of poverty, chas-tity, and obedience. Thus we made an oblat.ion to God of our entire being, our body with its senses and all their pleasures, our soul with its intellect and free will, promising to understand and do all things in accordance with the rules and constitutions of the religious life we then and there embraced in all its fulness. And we made these promises solemnly before the throne of God, in the pres-ence of Mary, Queen of heaven, of our Guardian Angel, our patron saints and the whole heavenly court as witnesses of our oblation. With holy David we acknowledged to God, "All things are thine, and we have given thee what we received of thy hand." Thus we vowed eternal loyalty to Christ and became consecrated and sacred in His eyes. This consecration was the most important event in our life, a spiritual fact of tremendous import. For it meant the abandonment of all selfish interests and complete devo-tion to the cause of Christ. Up to that time self had chiefly been the focus of our thoughts and desires; now our L6rd and Savior was to be enthroned in our mind and heart. Our. aims in life, our thinking and planning, .our capabilities of soul and body, our work and r.ecreation, our time itself, all were consecrated and must be directed to God. We are en-tirely His. We ought to make it our serious effort to understand and appreciate this fact. We should do what the Blessed Virgin did during her life on earth. And what did she do? St. Luke tells us in the second chapter of his Gospel. Toward the end of his account of the nativity Of our Lord, after narrating the apparition of the angel to the shepherds and the visit of the latter to Bethlehem, he adds: "But Mary kept in mind all these words, pondering them in her heart." We may be sure that what is told us so explicitly of her conduct in the present instance she did on many other occa.- sions in connection with the mysteries in the life of our divine Lord in which she had a large part. She treasured up in her memory the words and events, meditated on them, 10 prayed over them in the silence and quiet of her chamber, thus ever increasing in faith, hope, and the 10ve of God. Thus too she secured for herself the divine assistance, sup-port and guidance and encouragement in the daily happen-ings and sufferings of her life on earth. We ought to imitate this practice of our Blessed Mother in regard to so sacred an event in our life as our consecration to God. In the first place, we should recall it often and prayerfMly. Many religious have the commendable custom of making the renewal of'their consecration part of their morning prayer, using for the purpose a short formula; even purely mental renewal is .beneficial. We may do the same at intervals .between exercises during the day, even in the course of work which does not require dose and continu-ous attention. Our Blessed Lady gave us the example. Doubtless her mind and 1,ieart were frequently, if not habitually, occupied, with thoughts of sbme of the great mysteries in the life of her divine Son. This kept her in a state of recollection, transforming all her work into .prayer. Because of the difference of circumstances and the nature of their occupation, religious living in the modern world with its multiplic!ty of work are unable to practise recollection to. the same extent to which our Blessed Lady practised it in her home at Nazareth. Nevertheless, we must not lose sight of the fact that some degree of recoll~ction is essential for living the religious life as it should be lived. For all religious, whether members of an active or contemplative order, are consecrated to God. Consecration means total devotion to the cause of God, the cause of Christ and His Church. But they cannot effectively promote the cause of Christ unless they are devoted to prayer. And the prayer of consecrated souls must be something more than a casual and routine performance at stated times and places. Reli-gious must be penetrated and imbued with the true spirit of prayer, which comes only with thought and reflection and intimate converse between God and the soul. How can they achieve this spirit and continue it once they have achieved it if they do not strive with all the means at their disposal to attain to some degree of interior recollection? It is easier to keep up a high degree of recollection in somepositions or spheres of duty than in others. This holds of all religious communities whose members are engaged in the active life. But to whatever duty individual religious are assigned, all 11 must remember that their life of prayer, their spiritual life in generall will not take care of itself. The' saying is true that no one will be much more in prayer than he or she is out of prayer. In other words, they who outside of praye~ scatter their attention over a variety of interests, neither necessary nor useful for their work, will be unable to pray well beyond a few minutes when the hour comes for their devotional exercises. The inference is not that recollection is to interfere with attention to duty. Duty comes first. But there are moments and intervals when thoughts are free from assigned work and the employment of time is left to each one's discretion. These are favorable moments for the care and attentio.n which religious ought to have for their personal spiritual welfare. And if at such times they follow the promptings of mere curiosity, seeking the news of the day or other information not necessary or useful for them, thus spending the time in useless reading or. idle con-versation, they are losing precious opportunities' for sanc-tifying themselves. I said above that, in the first place, we ought frequently and prayerfully to recall the fact of our consecration to God. It is a thought pregnant with meaning for all of us and will be a great aid to recollection in the course of the day. Secondly, it will be decidedly profitable to take~ our consecration now and then for the subject of daily medita-tion. In such a meditation we may first consider, the ¯ meaning of our consecration. It means complete dedication ¯ "to God by means of the three vows, oblation of all that we have, all that we are, all that we are able to do--our thoughts, words, and actions; it means an act of the most perfect love of God. Then we may reflect on its obliga-tions. They are the observance of the vows of poverty, chastity, and obedience; of the rules and constitutions of the order, and obedience to the commands of superiors. Finally, we may think of its adoantages. The most impor-tant ones are that it frees us from many s~rious dangers of sin, furnishes numerous aids in the practice of every kind of virtue, aligns us with that choice company of the army of Christ which would signalize itself by special service to its Leader, renders us sacred in the eyes of God, is a sign of God's predilection, has Christ's promise of the highest reward-- they "shall receive a hundredfold and shall possess life ever-lasting" (Matthew 19:29). Conclusion. We may Con- 12 clude-with sentiments of esteem and love of our vocation with its consecration to God; humility; gratitude to God. Another opportunity for strengthening ourselves in our consecration to God is the Monthly Recollection. It is a time of spiritual grace, when God reveals Himself more fully to our souls. We should do our part by making a brief survey of the month that has passed, considering in detail and with more than ordinary scrutiny whether we are living up to ~:he requirements of our state. It is not a question of merely seeing whether we have avoided deliber-ate sin. This too merits our attention, as a matter of course. We must look to our religious ideals, the perfection of our daily actions, the motives that animate us from early .morning till late at night. Are we seeking God in all things in all our doings? Are ,Jesus Christ and His interests habitually in our thoughts, or is self frequently uppermost in our minds, controlling and directing our purposes and policies? Our Blessed Lord said: "Thou shalt love the Lord thy God with thy whole heart, and with thy whole soul, and with thy whole mind, and with thy whold strength" (Mark 12:30). This is the perfection we are bound to strive after in its literal sense. It is the epitome, the compendium of all that is contained in our consecration to God. We are consecrated to God, sacred in His eyes. It would be quite wrong and detrimental to our spiritual life if, by reason of this, we were to fall into the error of conceiving and fostering self-complacency, as though we were the favorite~ of Almighty God and better than other people. If God has manifested His predilection towards us by bestowing the efficacious grace of a religious vocation, He has by that very fact also imposed on us graver obligations and responsibilities. In all humility we should thank God for what He has done for us and for all other men, each of us saying with the patriarch ,Jacob, "I am not worthy of the least of all thy mercies and of thy truth which thou hast f.ulfilled to thy servant" (Genesis 32:10). It is very important for .us to maintain~ an attitude of thankfulness and humility. Let us remember our Lord's words to His Apostles: "You have not chosen me, .but I have chosen you". (,John 15:16). He has chosen us out of the world and transferred us into a kingdom of light and grace that, like the Apostles; we might "bring forth fruit." It-remains for us to distinguish ourselves in His service by an ever increasing love and generosity, a more steadfast loyalty to the consecration which we made of ourselves when we pronounced our vows. In this way a big fundamental spiritual truth, kept fresh in mind and heart by daily prayer and recollection, will exercise oa salutary influence On the little things of every day life. It will have the effect Of sweepingaside in a moment the petty and narrow views arising from selfish-ness, just as the bright rising sun scatters the mist on a mid-summer day.' JOHN NEPOMUCENE NEUMANN Just before the first issue of REVIEW FOR RELIGIOUS went to press, we received a letter from the Reverend Albert H. Waible, C.SS.R., Vice-Postulator of the Cause for Beatification of the Venerable John Neumann, C.SS.R. John Nepomucene Neumann was the first pro-fessed Redemptorist in the United States and the fourth Bishop of Philadelphia. On December 11, 1921, Pope Benedict XV approved the decree declaring that John Neumann had practised heroic virtue, and he was given the title of Venerable. The Holy Father's words on that occasion are singularly appropriate for readers of REVIEW FOR RELIGIOUS : "We deem it proper to say that all our children should profit by the. Decree of today by reason of the peculiar character of the heroic virtues of Ven. Neumann. Perhaps the very simplicity of these virtues has been misunderstood by those Who thought there was no heroic degree in the virtues of the Servant of God. because in their eyes the good works and holy deeds performed by Neumann are. the holy .and good deeds which every good religious, every zealous missionary, every good bishop should perform. ¯ We need not repeat that works even the most simple, performed with constant perfection in the midst of i~aevitable difficulties, spell heroism in any servant of God. Just because of the simplicity of his works, We find in them a strong argu-ment for saying to the faithful of whatever age, sex, or condition: You are all bound to imitate the Ven. Neumann.,. If, in spite of this, there should be some who still seem surprised and cannot pic-ture him to themselves as a hero apart from grand undertakings, We hasten to say that wonderful results can spring from simple deeds, . provided these are performed as perfectly as possible and with unre-mitting constancy." Those interested in Bishop Neumann's cause can procure a small pamphlet biography from the Mission Church Press, 1545 Tremont St., Boston, Mass. 5 cents a copy; $3.50 per 100. 14 The Vow ot: Poverl:y in !:he Code ot: Canon Law Adam C. Ellis, S.,L IIF't LESSED are the poor in spirit, .for theirs is the king-dom of heaven" (Matthew 5:3). This poverty of spirit for which the Gospel promises the kingdom of heaven consists essentially in keeping one's heart free from attachment to temporal goods. It is the first means, though not the most important, which man must make use of to win heaven.or to attain to perfection. The reason for this is that poverty of spirit is the cure for that evil which is the root of all others according to the Apostle: "For covet-ousness is the root of all evil" (I Timothy 6:10). That is why our Lord not only began his preaching with it, but also gave us the example in His own person of a life of pov-erty from the crib in the stable of Bethlehem to the cross on Calvary. And when He wished to teach men the secret and the way ot~ perfection, he tells us again, in the instance of the rich young man, that. poverty is the starting point. "If thou wilt be perfect, go sell what thou hast. and give to the poor, and thou shalt have treasure in heaven; and come, follow Me" (Matthew 19:21). The first persons who took this lesson to heart and put it into practice were the Apostles, who in turn imparted it to the primitive church, and thus impressed upon religious communities the form of perfect poverty. In canon 488 of the Code ot: Canon Law, the Church tells us that the three vows ot~ religion, obedience, chastity, and poverty, are means by ~vhich religious strive at~ter per-t: ecfion; Hence in all orders and congregations approved by the Church these three essential vows must be taken, either explicitly, as in modern congregations, or as least implicitly, as in the older orders. In its essentials the vow 6f poverty is the same: for all religious, but the constitutions of different orders and congregations add details to these fundamental notions according to the particular spirit ot~ each institute. Evangelical poverty as set forth in the constitutions of a religious institute, may be considered from different points of view. It-is not our intention to give an ascetical ¯ or a moral.interpretation of the vow of poverty; we leave .15 that to others, who, we trust, will favor us later on with articles in the REVIEW FOR RELIGIOUS dealing with these aspects. It is our purpose now to study the present laws of the Ghurch regarding the personal poverty of religious, as promulgated in the Code of Canon Law, since these laws are applicable to all religious, and are usually incorporated into the constitutions o~ all religious institutes. The Nature of the Vow of Pooert~/. The vow of pov-erty is a promise made to God by whicla the religious deprives himself of the right to place any act of proprietor-sbip over any material thing having a money value, with-out the lawful permission of his superior, The proper and distinctive character of proprietorship or ownership of property is the power to dispose of it freely and independently/: that is, to use it, to give it away, to sell it, to destroy it, at will, as an absolute master over it. without any obligation of having recourse to the will of another, hence independently of the will or permission of another. The essence of the simple vow of poverty consists, therefore, in the privation of this right to dispose freely and independently of temporal goods, of whatsoever kind they may be. The subject-matter of the vow is the possession and use of temporal things, independently of the will of superiors. Whatever the degree of poverty prescribed by the con-stitutions of any particular institute may be, only such things as come under the heading of temporal goods or property constitute the subject-matter of poverty. Other things, such as health, the use of one's bodily members, one's mental and spiritual faculties, talents, supernatural gifts, are not the subject-matter of the vow of poverty. Temporal goods or property, therefore, include any object of money value that a person can acquire and possess or hold, anything that can be owned. Personal goods or property are such things as can be kept on or near one's per-son, usually all movable goods. Real property or real estate consists in lands and whatever is attached to the land, houses and buildings of any kind. The general term, prop-. erty or temporal goods, therefore, comprises every material thing which has a money value, such as: money, real estate, stocks, bonds, mortgages, jewelry, and all movable and per-sonal objects having a money value. By his vow of poverty 16 the religious refiounces his right to place any act of owner- Ship over such goods without the permission of his supe-rior. The vow of poverty, therefore, forbids the religious: 1) every independent act of appropriation, e.g. to acquire, keep, use, receive, borrow from another; 2) every act of disposal of property: to give away, to sell, to lend, or lease to another, to allow goods to deteriorate or perish. All these acts, placed without the permission of the superior or of the constitutions, are contrary to the vow of poverty. The various degrees of sinfulness of these acts is a moral question and outside the limits of this article. Let us now take up the general legislation of the Church regarding the vow of poverty, keeping in mind that these laws obligate all religious, and that any contrary leg-islation in the constitutions has been revoked by the Code of Canon Law, unless a special apostolic privilege has been obtained. I. A religious who has tatien a simple vow of poverty, whether temporar!t or perpetual, retains the ownership of his property, as well as the capacity to acquire, more, unless the constitutions provide otherwise (cf. canon 580, § 1). The distinction between a simple and a solemn vow ~s the result of church legislation. ~ A religious who takes a solemn vow of poverty deprives himself not only of every right to place act~ proprietorship, as explained above, but he freely gives up even the right to own temporal goods. Such a religious must give away all that he. possesses, within sixty days preceding his solemn profession. After taking the solemn vow, he can no longer acquire temporal goods for himself, since by his vow he has renounced his very right to own, hence whatever may come to him by way of inheri-tance or gift, he acquires for his institute (cf. canons 581 and 582). The religious who takes a simple vow of poverty, on the contrary, retains his right to own, that is to possess property; hence he is not deprived of his property by the simple vow, but continues to be the owner of all that he possessed at the time of his religious profession. Further-more, he retains the capacity to acquire more property or temporal goods even after he has taken the simple vow of poverty. Such is the provision of. the general law of the Church today for all religious. The Church allows the constitutions to limit this right, but since there are very few constitutions ;which do so,,we.shall omit any comment On this detail, and we shall suppose hereafter that no such limitation has been placed. iI. The simple vow of poverty makes a" contrary a~t illticit, but not invalid, unless the contrarg, has been expressly decreed (cf. canon 579). The effects of the vow of poverty are determined by the law of the Church. That law says that the simple vow of poverty makes a.contrary act illicit, which means that if a religious with a simple vow of poverty disposes of or in any way exercises rights over his property without permis-sion, he-.commits a sin,. venial or grave acc.ording, to the gravity of the illicit transaction. However, the act which he places, for example, the gift or s~ile of temporal goods, is valid, that is, it is recognized as legal by canon law, unless the contrary is expresslydecreed. Such a prohibition may be contained in the general law of the Church," as 'happens in the case of a religious who takes a simple vow of poverty in an order in which he is to take solemn vows later on. Canon 581 § 1. forbids .him under pain of invalidity to give away his property, except within sixty days preceding his solemn profession. If such a religious gives away any property, the act is null and void, ~which means that the person to whom he,gave it must return it, and may not keep it. Thus if Sister Generosa, a member of a religious congregation, gave all her property to her needy family off the day 9n which she took her first vows, her parents may keep it, since the act is a valid act. Sister Generosa, how-ever, acted illicitly, that is, she violated her vow of povert.y :by transgressing the law of the church, unless she. did so m good faith, being ignorant of the law. Off'the other hand, if Brother John, a member of the Carmelite order, gave away all his property on the day he took his first simple vows, the person to whom he gave it would be obliged to give it back to him, because his act was not only illicit but also invalid. He can give away his property validly only within sixty days of his solemn profession. III.' If during his novitiate, a novice in any way what-ever renounces his property, or.encumbers it, such a renun-ciation or encumbrance is not only illicit, but also null and void (cf. canon 568). This legislation comes down to us from the Council of Trent. It applies to all novices, whether in a pontifical or 18 in a diocesan institute, and to all their temporal goods, whether movable or immovable, real or personal. The pur-poseof the legislation is to safeguard the freedom of action of both the novice and of the institute regarding the profes-sion to be made at the end of the novitiate. The novice may wish to leave, the institute may be unwilling to admit him to profession. Hence the wisdom of the legislation. To renounce one's property means to give up the right to it by freely and lawfully transferring it to another with-out recompense. A novice may, therefore, sell his.property and invest the proceeds, or. put the money in a bank for the time being. He may, likewise, freely~dispose of the income of his property during the novitiate, or add it .to his capital. He must pay his.debts, of course, and may pay for his board and clothing during the'novitiate provided this is required by the constitutions, or agreed upon before entrance into the postulancy, or novitiate in conformity with canon 5 70, §1. To er~carnber one's property means to put a burden or obligation upon it. Hence a novice may not promise to give away a certain part of 'his property or all of it on condition that he perseveres in the religious state and is admitted to profession. He may not mortgage his property.,-as that would be placing an encumbrance .upon it. While the law of the Church does not forbid such renunciation and encumbrance during the postulancy, the same reasons make such an act inadvisable. If such a renun-ciation is made for grave reason during the postulancy, it should be made conditionally, so that the postulant may be able to regain his property in case he does not persevere in religion, and must return to the world. Even before the Code went into effect i~ was a common opinion of canonists that novices could give alms to the poor, to pious causes, and even to their own institute, pro-vided that small amounts were given on rare occasions, The same is permitted under the Code. Thus a novice would be allowed to have a number of Masses said for the repose of. the soul of his father or mother who dies during his novitiate. Supposing that our novice persevere~, and that his institute is ready to admit him to his first profession~, the .law. of the Church requires him to place certain acts in rdgard to his property before he takes his first ~vows. 19 IV. Before the profession of simple vows, whether temporory or perpetual., the novice must cede, for the entire period during Which he wilt be bound bg simple vows, the administration of bis~ 15ropertg to whomsoever he wishes, and dispose freelg of its use and usufruct, unless the consti-tutions determine otberu;ise (cf. canon 569, § 1). We have seen above that the simple vow of poverty does not deprive the novice who takes it of the ownership of his property or of the right to acquire more property after he. has taken the simple vow of poverty. On the other hand, one of the purposes of the vow is to free the religious from the worries and distractions connected with the care and management of temporal goods. Hence the Church wisely decrees that the novice must turn over to another the administration of his property if he has any. He may choose any person he wishes to act as his administrator: his parents, a brother or sister, a friend, a lawyer, a trust com-pany. He may also ask his institute or province or house to assume this task if superiorslare willing tO accept it. Let us u.nderstand what an administrator is. All of us have heard on occasion, after the death of a person, that the deceased had appointed an administrator of his estate in his will, or if he died intestate, the court appointed somebody to fill this office until the estate could besettled. The per-son appointed cares for the estate or collection of temporal goods owned by the deceased, pay bills, collects rents, as well as interest on money deposited in banks or due on stocks and bonds, keeps buildings in repair, pays taxes and the like. In a word, an administrator performs all those ordinary acts which the deceased person performed during his lifetime for the preservation and increase of his prop-erty. Once the novice has appointed his administrator, he must leave to him all these acts of ordinary administration of his property. He may be consulted as regards extra-ordinary acts of administration, such as the sale of his property, and the investment of the money derived from such a sale, and be has the right to receive an annual report of the condition of his property. The administrator is entitled to some recompense in proportion to his labor. Once the administrator has been freely appointed, the religious may not replace him by another without the per-mission of his superior general, unless the constitutions of his institute allow him to do so of his own accord (cf.canon 20 580, § 3). It4s evident that the novice who has no prop-erty at the-time of his first profession .need not appoint an administrator. The disposition or: his income: The novice must dispose freely of the use and usufruct of his pr.operty, if he has any. If his property consists of real estate, a farm, a house and lot, etc. he may ~rant the use of such property to anybody he wishes. If his property is productive, real estate which brings in rents, or stocks and bonds producing income or interest, such income is called the fruits of his property, or .the usufruct. It is evident that were the religious to retain the free disposal¯ of such income in his own hands, it would become a source of distraction and worry to him. Hence the Code prescribes that, before he takes his first vows, he must determine, once for all, the person or persons who are to be given the use of or the income of his property for the duration of his vows. He may choose whomsoever he wishes as the beneficiary of bis income: his parents, a brother or sister, some charitable work, his own institute. It would be well for the novice, before making his decision, to think seriously on those words of our Lord: "give to the poor." His parents may be in need, or he may have a brother or sister struggling to raise a family or to get an education; then there are so many forms of Christian char-ity in need of funds to carry on their work: hospitals, or-phanages, homes for the poor, etc; lastly the novzce should also consider the needs of his own institute before coming to a decision. But the final decision rests with him, unless the constitutions of his institute determine otherwise. There are some constitutions approved before the promultzation of the Code which deprive the novice of the right to dispose of the use and usufruct of his property, or restrict that right or define it, e.g. by limiting such disposal in favor of a char-itable work, or by designating or excluding the institute as the beneficiary. Whatever the dispositions of such consti-tutions may be, they must be observed (Code Commission, Oct. 16, 1919). Once the novice has made this disposition of the use or income of his property, he may not change it in favor of someone else without the permission of his superior gen-eral, unless the constitutions' allow him to do so of his own accord (canon 580, § 3). It will-be Well to call attention here to a restriction which this same canon places on 'th~ 2I right to chahge the beneficiary with the permission ~of the superior general.~ Such modification or change mustnot be made, at least for a notable part of the income, in favor of the institute. Permission of the Holy See is necessary to make such a change in favor of the institute (Code Com-mission, May 15, 1936), if there is question of a notable part, say one-fourth, or certainly one-third Of the same. This point should be made clear to the novice before he chooses the person who is to have the use or the income of his property. While he is free before taking his first vows to appoint hisown institute (orhis province or house) as the beneficiary of his income, ifas a matter of fact, he does not do so, but appoints some other person, he may not later " cbang.e .this disposition in favor of.his ihstitute without the permission of the Holy See, if there is question of one third or more of the entire income. If, later on, after having taken his vows, the religious should leave his institute and the religious life, these appointments of an administrator and of the beneficiary of his income cease to have a.ny effect, and he regains comple.te control of his property. It may happen that a novice has no property at the time be takes his first vows. Later on, after takin~ his vows, he acquires pkoperty by inheritance or gift. What is to be don~? " " V. :In case the novice, because he possessed no property, omitted to make the cession and disposition mentioned above, but later on acquires p. ropertq, or i~:, after making the cession and disposition ~n question, be becomes the possessor of more property under whatever title, be must then' make the cession and disposition for the ~irst time, or repeat it, iri regard to the newI~/ acquired property/, his simple vow o~: povern.] notwit.bstanding (cf. canon 569, §2). In this case the religious whopossessed no property at the time of his first profession, but. later on acquires prop-erty, needs no permission to appoint an administrator and to determine who is to have the use of this newly acquired property, or the income thereof. The law obliges him to do .so. Similarly, if, after having appointed an adminis-trator and determined a beneficiary of the income of his property, a religious, after taking his vows, acquires new property by inheritance, gift, and so forth, he must then 22 repeat the same acts in regard to h!,s. newly acquired prop-erty. Of course he may simply say: I wish the same admin-istrator, already appointed, to take care of it, and I wish the same person or persons, already recei~,ing the income of my property, to receive the income of this new property like-wise." He may, howe.ver, appoint a different person administrator, and a different person the beneficiary of the income of this newly acquired property, if he wishes to do so, It may be noted in 1Sassing that an increase in value of property already possessed does not constitute a new acquirement of property .within the meaning of the law. Hence if the real estate, or the stocks and bonds which a religious owns, increase in value because of a land boom, or because of a rise in the stock market, such a religious may not consider that increase in value as a new acquirement of property. Nothing is to be done in such a case. VI. In ever{] religious congregation the novice, before taking his temporarg vouJs, must freetg make a will or tes-tament regarding all the propertg he actuatl~l possesses, or mag subsequentl~l possess (cf. canon 569, § .3). A will is a legal declaration of a man's intentions as to the disposition of his property that he wills to be carried out afterhis death. Strictly speaking, a testament differs from a will in that it bequeaths personal property only; but the terms are used interchangeably. By his will, there-fore, the novice does not give away his property here and now. ° He merely indicates the person Or persons whom he wishes to come into possession of it after his death. As long as he lives he retains the ownership of all his prop-erty. The beneficiary of his will becomes possessor of the property of the. religious only after the latter dies. Every novice in a religious congregation must make a will before taking his first, temporary vows, whether he actually owns any property or not, the reason being that the will includes everything that may come to the religious dur!ng his life-time, and of which he dies possessed. Novices about to take their first, temporary vows in an order are not obliged to make a will, since they must give away whatever they possess before they take their solemn vows. They are not forbidden, howe~er, to make a will valid for the period of their profession of simple vows, ~hould their wish to do so. ¯ Members of a religious congregation who took their 23 first vows before the Code went into effect (May 19, 1918), are not obliged to make a will, even though they acquired more property after that date, or will akquire such property in the future. But they ar~ not forbidden to make a will, should they wish to do so, and generally speaking, it is advisable for them to make a will.But all religious in every congregation who took their first, temporary vows after May 19, 1918 are obliged to make a will as soon as possible, if they have not done so already. The law requires this, even though it had been omitted in good faith. Even though the novice who is about to take his first vows cannot make a will valid in civil law because of a lack of the required age, he is still bound by canon law to make his will, and later on, when he becomes of legal age, he must tlake the steps necessary to make his will'valid in divil law as well. The Code says that the novice must freel~t make a will. This does not mean that he is free to make a will. or not, but that he who makes the will prescribed by canon law is free to choose the beneficiary of his will, that is he freely chooses the person or persons he wishes to take possession of any property he may own at the time of his death. May a religious ever change his will after he has freely made it? VII. No religious may change his will once made in "conformity with the requirements of canon law as explained above without the permission of the Hotel See, or. in case of urgencq, abd time does not permit of recourse to the Holg See, without the permission o3 his superior gen-eral, or of his local superior if the former cannot be' reached (cf. canon 583, 2°). A will is not considered altered or changed if certain prescriptions are merely made clearer, or if a will'which is invalid in civil law is changed merely to conform with the requirements of that law, so long as in both cases the bene-ficiary remains the same. Should the person named as bene-ficiary in the will of a religious die, the will becomes ineffec-tive and has no value. Hence no permission is needed to make a new will, since by so doing the religious is simply fialfilling the law of the Church which requires him to make a will. The will he had made is no longer valid, hence he is without a will, and must make another in order to fulfill the law, 24 As long as the religious with simple vows continues, to live in a religious congregation he may ~not give away his property. VIII. It is forbidden to the professed of simple" uows in a congregation to abdicate gratuitously the dominion ouer their property b~/ a voluntary deed of conveyance (cf. canon 583, 1°). To abdicate gratuitously means to give away one's property without receiving any monetary recompense in return. The motive for giving away one's property may be a spirit of gratitude, or friendship, or a charitable desire to help others in need, or to further 'the cause of some pious work. No matter what the motive may be, the Church forbids all religious with simple vows in a congregation to give away their property as long as they remain in religion. Due to the uncertain times in which we live, it can and does happen that religious freely leave or are obliged to leave their institute, or the institute itself may be dispersed by reason of persecution which is 'always present in the Church in some part of the world. Should any one of these con-tingencies arise, the religious will not be obliged to return to the world penniless, thus bringing Shame on religion, or becomin~ a burden to others, but he will be able to support himself with the aid of the temporal goods he brought with him when he entered religion, or which he received by. way of inheritance or gift during his stay in the religious life. Since the law says a religious is forbidden to give away his property, but does not say that such an act is invalid as it does in the case of a novice and of the religious with simple vows in an order in which he is to take solemn vows later on, it follows-that if a religious in a congregation has actually freely given away his property contrary to the pre-scription of the law, the act is a valid act, and.the religious cannot reclaim his prbperty. If he did so in good faith, in ignorance of the law, he will be free from all moral guilt in the matter. But all religious in congregations, whether papal or diocesan, should understand clearly that their supe-riors cannot give them permission to dispose of thei~ patri-money, as the sum total of their temporal goods is. called, during th~i~ lifetime in religion. The permission of the Holy See would have to be obtained before this couId be done licitly. A final question arises with regard to the property of O~ 25 religious with simple vows. We have seen that such a re!igidus retains his ownership over the property, he-pos-sessed at the time of his entrance into religion, as well as the capacity to acquire more property, even after he has taken his simple vow of pover~;y. How are we to decide what a religious may and must keep and add to his patrimony, what be must give to his institute of the temporal things which come to him during his life in religion? IX. Whatever a religious acquires b~j l~is own industrg, or in respect to his institute, he acquires for his institute (cf. canon 580, § 2). A religious with simple vows acquires for himself, that~ is, as part of his patrimony or collection of his temporal possessions, whatever he receives by way of inheritance, legacy or personal gift. But whatever comes to him by reason of his own industry goes to his institute. To acquire b.u one's own industrtl means by one's mental and physical efforts, such as writing a book, or making a work of art, a painting or fancy needle work, or by reason of one's profes-sion, recompense received for teaching, nursing and the like. Since the religious has become a member of thereligious family by his profession of vows, and is suppotted, fed, clothed and educated by the institute, which supplies all his reasonable wants, it is but meet and just that the fruits of his:labors should go to the institute. To acquire in respect to the institute refers to what is given to a religious not as an individual person, to John Jones; or to Mary Blank, but to the religious as a religious, to Brother Plus, or to Sister Martha, for the community to which he or she belongs, in order to help the Charitable or educational work in which the community is engaged, or because of the confidence and respect which the institute as a whole inspires in the donor because of its religious activ-ity. In a word a religious acquires in repect to his insti-tute whatever is g.iven to him because be is a religious. In cases of doubt, when it is not certain that the gift was per-sonal to the religious, the presumption will be that it was made in favor of the institute. This presumption applies especially to superiors. Small gifts given on special occa-sions such as feast days or at Christmas time to a teacher by his pupils, and so forth, are presumed to be given to the religious because he is a religious, not for personal reasons. The constitutions usually regulate such gifts. 26 The I::ducafion ot: Sis :ers William 3. McGucken, S.,J. THIS IS an altogether extraordinary book that should be of particular interest to the readers of the REVIEW FOR RELIGIDU$. It is not a dull book, despite the fact that it is in the genre of the much despised doctoral dissertations in Education (with a capital E). Sister Bertrande has a reporter's sense of what constitutes news, a reporter's abil-ity to penetrate beyond the barriers and get a "story" from. her unwilling victim. Very briefly, the book is the narra-tive of what has been done in America for the religious, social, cultural, and professional education of sisters, what is being done, and, most significant of all, what should be done. With the first two parts of the book no one can disagree; the facts are presented with such ingenious clarity that he who runs may read.In the third part one may question some of the proposals on the ground that they are too detailed, too rigidly regimented after the immemorial fashion of nuns, but with the main features of her proposal to give a truly sound and truly Catholic education (this time without the capital E) to American nuns there can be no disagreement. The true story of Catholic education in the United States, especially the education .of women, has yet to be written: its tale of heroisms, sacrifices, blunderings, and fatal failures have been chronicled in part. here and there. notably in Mother Callan's excellent study, The Society! of the Sacred Heart in North America, but nowhere can one find a complete picture of the whole scene. Particularly is this the case with American Catholic ~ducational policy as it affects the religious qua religious. The old saying "Cucullus non.facit monachum" is all too dreadfully true, but unfortunately many religious superiors believed the wimple made the nun. Every religious over fifty years of age knows that there was a time in the history of the sister-hoods in America when a young woman, often not even a high school graduate, was passed through a rapid postu- 1 THE EDUCATION OF SISTERS. A. plan for Integrating the Religious~ Social, Cul-tural, an'd Professional Training of Sisters. By Sister Bertrande Meyers. New York: Sh~ed add Ward, 194i. Pp. xxxiii + 255. $3.75. 27 l~ncy, given a Veil, and sent out to teach. Granted that mother superiors were forced by circumstances, the impor-tunings of bishops and parish priests, granted that the nuns thus sent off the assembly line with less than a year's training made up for their lack of acquaintance with the vchole idea and ideals of ~eligious life by their practices of piety, their simple devotion, their childlike faith, yet it still remains an inscrutable mystery of divine providence that there were not more individual catastrophes as a result of this short-sighted policy. The first .World War came along; there was a multi-plication of school~; especially of sisters' high schools and colleges: there was also a tightening of the reins by the accrediting agencies. .Moreover, Rome. was insistent on religious communities adhering to their constitutions. At last, it is true, the nuns were obliged to, spend, at least a canonical yeay in the novitiate, but in order to satisfy the professional requirements necessary to teach, many .of the sisterhoods had to resort to miserable subterfuges in order° to securethese "credits." A tragic.story, truly, this filching from the r~eligious training 9f the novice to satisfy ttie craze for credits. Nor is it over even now. Sister Bertrande says (of the year 1940) : "Isolated instances were even found where credit was given [dur!ng the Canonical Year] in Church History or World History for reading Lives of the Saints, in Home Economics for the daily.domestid work, and in Philosophy Of Education for the daily instructions of the' Mistress of Novices. iiO,,ne of ~he Mistresses of N0yices co,mplai~is bitterly: In the first place, there is a sii nion~h s postulate. But. lJefore the postulant can be.inducted into religious life She :is made conscious of credits to be earned towards her teaching credentials;.so her day is full of classes. That is not so bad, since this is just the Posti~late, but it would be better if she ~studied something like Logic--that would teach her how to think. But no. Methods of teaching, all professional subje.cts come togeth~er to make the girl more conscious of the need to become a good teacher rather than a true religious. " 'Then--the Canonical YEar. It is so taken, up with studies in the field of education that when a novice is asked how she is coming along in recollection, she says: "Recollec- 28 tion? Why I can think of nothing but getting my school work"done--there is no time even for class preparation." Spiritual exercises ar~ curtailed; classwork takes precedenc~ over interviews with the. Mistress of Novices--often I have to scheme little ways of finding an opportunity to give direction to a novice-who stands in need. " 'Two and one-half hours a day are allowed for Novi-tiate routine such as. instructions, spiritual reading, confes-sions, etc. If anything must be put aside it must be any-thing but classwork. Thus it happens that a thin, super-ficial religious decorum takes the place of depth and breadth in the spiritual life. And no real, permanent culture comes from this cramming of normal work. " 'The second, year the novices are sent out to teach. They go out to teach with good will, but with no concept of the interior life. There was a time when the second year was strictly a part of the Novitiate; .but it began With "bor-rowing" two or three novices for sorely pressed missions, and the Borrowed novices, were .never returned. Then, a few more were borrowed. Now, there is no pretence at leaving them in the Novitiate for a second year. They are robbed of their Canonical Year with a full program 0f studies; the second year they leave for the local schools, and as a~result we have teachers with no real Understanding of their Community or of' the obligations of religious life'." It should be noted that this condition has held ever since the State Departments have insisted on professional requirements for teachers; it still holds today, let us hope only in "isolated instances." It can be left to the reader's imagination what the situation was in the period immedi-ately after World War I when every major superior was confronted with the choice of closing a certain number~of schools or getting credits for her sisters somehow, some-where. The result: a conflict, was set up in the mind of the young religious; she was told that her spiritual develop-ment comes first, and yet much was done to interfere with her allowing her religious life to take first place. A very interesting part of the book is Sister Bertrande's discussion of the effect of secular universities on religious women. The majority of provincials,~mistresses of novices, deans of nuns' colleges feel that it does~harm, that there is a weakening of the Catholic: sense, but some are sure that they are forced to attend for certain courses in the graduate field. 29 It is not explicitly stated that the real reason for the danger tO sisters at secular graduate schools is the haphazard quality of the undergraduate preparation received by many of them: they have not a Catholic view of life, even though they may be very devout religious. "One point was uniformly expressed.m that the courtesy and consideration which sisters met in dealing with the officials and the faculties in secular universities outdis-tanced that which was experienced in Catholic centers." One just wonders if it is not possible that the more poorly prepared for graduate work attend Catholic universities, the brilliant students, the ones superiors are absolutely sure of, frequent the non-Catholic institution. Moreover, Catholic institutions have possibly far more experience of those "isolated instances" where nuns present transcripts of worthless credits than the officials of the secular universi-ties. It is g.ratifying to see from Sister Bertrande's tables that there is a tremendous increase in the attendance of sis-ters at Catholic institutions and a corresponding decrease in attendance at secular universities. One startling fact in the picture presented of the con-temporary education of Catholic sisters is this: relatively t~ew ot~ our nuns receive a thorough grounding in liberal arts. Even where the situation in the Canonical Year has been bettered, 'it is very rare indeed for a sister to be set aside to complete her course for the Bachelor of Arts degree. ~here. there is a second year of novitiate, studies are crowded, into this year--too many, alas, professional studies; that year ended, the novicepronounces her vows and is immediately sent on a mission. Carrying a full teach-ing schedule, she attempts to garner credits after school hours, on Saturday mornings, and in summer sessions. After she has attained the mystica! number of 120, she may be sent to graduate school, utterly unprepared for graduate work by this hurried amassing of credits which she has had no time to digest. It is not thus that bachelors of ar~s are made. One can say that many, not all, bachelors of arts in American colleges are in no better fix. This may be true, but the fact remains that sisters because of their profession as teachers should be thoroughly grounded in systematic fashion in the liberal arts. What this crowding of the day of the young religious does to her spiritual life can be left to the imagination. If this or a similar condition were bad a 30 generation ago, when life was .simpler, when our' novices came from good Catholic families with a tradition of reli-gious practice,, what must it not be today when we find the product even of our convent schools woefully lacking in Catholic principles and practices because of poor home training and the prevalent paganism of the American scen~. Sister Bertrande's plan for the education of postulants, with its emphasis on instruction in Catholic faith and prac-tice, so necessary at all times but especially in these times, its ignoring of all secular subjects except. Speech and Music, is espe.cially commended to all major superiors. So too her plan for the Canonical Year--one might wish that this part~ were continued everywhere for two years--with its rigid exclusion of everything but Religion and Gregorian Music will help to make our sisters strong religious women. Some Will quarrel with the curriculum Sister Bertrande out-lines for the two-year curriculum for the Community Jun-ior College. Too many of the courses, some would think, bear the mark of superficiality so characteristic of survey courses. However, that is a minor detail. The one point is brought Out that the postulancy and novitiate are devoted to God and the development of the spiritual life in the indi-vidual; two yeais of junior college are to be added to com-plete the foundation of their liberal arts program, with the leisure necessary for that. purpose. After that Sister Bert-rande recommends that the new sister be sent to a Catholic college for the completion of the work that is needed for the degree. The author does not say that they should be sent immediately. Perhaps it is too far away from the prac-ticalities of American convent life for her to recommend that. All in all this is a book that should be read and digested by everyone who has anything to do with the education of sisters,--major superiors, Catholic college professors and administrators, at least that they may acquire the saooir i:aire~ of their non-Catholic confr~res,.last but not least, pastors, that they may understand the difficulties under which the sisters in their parish schools are laboring. It is a book that had to be written: the candid objective presen-tation of facts can do no harm; it may prove to be of ines-timable benefit to future generations of sisters, if .present superiors heed the pointed lesson that is written here. 31 i~lygienic Morfit:ic~fion G. Augustine Ellard, S.J. ~'~NE of the most prominent ascetical writers of the ~ J twentieth century and at the same time an authority ~ on the history of the spiritual life in the Church, namely, Msgr. Saudreau, states that the principal defect in the cultivation of the interior life in our days is a lack of bodily mortification (1). Moreover, the want of mortifi-cation is assigned by Father De Guibert, of Rome, a leader among contemporary ascetical and mystical theologians, as the reason why so few pass beyond mediocrity in the spir-itual life (2). Perhaps one of the main reasons or pretexts why most devout people do not practice more external mortification is the fear that it would injure their health, or at least lessen their strength and capacity for work. One might answer that an abundance of mortification, and that too of a supe-rior form, may be found precisely in learning and living up to the principles of hygiene. Let us assume, for the present purpose; that mortifica-tign consists in any or all acts of virtue in as much as these involve foregoing what is pleasant or undergoing what is unpleasant. Thus it would be coexten,s, ive with the spher, e, covered by the old rule of the Stoics: bear and fork;ear. Though the word mortification (putting to death) may suggest the contrary, all sound ascetical authorities would hold that the purpose of it is posltix;e: life, a~nd more life. If inferior vital tendencies are checked and thwarted, it is only in order that the higher vital tendencies may bd saved from being checked and thwarted, and that they may be more freelyand richly developed. By all means, the aim of sound mortification is more and better life rather than less. "Ever we bear about in our body the dying of Jesus, so that the life, too, of Jesus may be made manifest in our bodies. For we who live are ever being delivered up to death for Jesus' sake, so that the life, too, of Jesus may be made manifest in our mortal flesh" (II Corinthians 4: I0-1 ! -~Westminster Version). (I) Auguste Saudreau. La Pi~tl d Travers Les Ages, page 661. (2) J. De Guibert. J:h'ctionnaire de SpiritualitY, Fascicule Premier. page 106. Hygienic mortification would consist in foregoing whatever is pleasant and undergoing whatever is unpleas-ant with a view to preserving, or improving, o.r regaining, one's health and vigor, and ultimately to.furth~ering God's glory and to-growing in that participation of, the divine life which comes with grace. Three degrees of hygienic mortification may be distinguished: first, avoiding any sin-ful neglect in the care of one's health; second, steering clear of whatever would .involve danger of such neglect; and third, refraining from wh~itever is less commendable in favor of the more commendable in this matter. Health is either physical or psychical. For the present, let us confine our. discussion to physical hygienic mortifica-tion. The psychic is more important in many respects, and more akin to the° "interior mortification" of the spiritual masters. Possibly in a subesequent paper we may revert.to it. Up to a certain point there is a strict obligation from the divine natural law to care for one's life and health. "Thou shalt not kill," either others or thyself. It is ethical to regulate our conduct in accordance with rational human nature and to avoid what tends to damage or destroy it. This d.uty requires .that one should use the ordinary means of sa.feguarding and preserving life and health. Nature is necessary for the supernatural life. If nature can do nothing in the supernatural order without grace; "neither can grace do anything without nature. It is .equally helpless. The Code of Canon Law, 1369, pr~scrib'es that those who are in charge, of seminaries should exhort the ~emii~arians Con-stant. ly to obs'erve the principles of hygiene and personal cleanliness. Presumably it is in .keeping with the mind of the Church that religious should do at lea~t~ as much. One who is. striving to become perfect will not stop with what is of strict obligation. He will constantly endeavor to do the better thing. Thebetter thing will indlude what-ever, other things being equal, is more conducive to bodily strength and effid~ncy. God counsels solicitude for health. "Better is a poor man who is sound, and strong of constitution, than a rich man who is weak and afflicted with evils. Health of the soul in holiness of justice, is better than all gold and silver: .and a sound body, than immense revenues. There is no riches above the riches of health of the body; and there is no pleasure above the joy of the heart. Better is death 33 t/~an a bit~ter life: and everlasting rest; than continual" sick-ness" (Ecclesiasticus 30: 14-17), In his inspired epistle to Timothy, St. Paul did not disdain to give this advice to one of the first bishops: "Drink no longer water only, but use a little wine, on account of thy stomach and thy frequent illness" (I Timothy 5:23). The divine counsel to have a concern for health is implied in all the numerous exhorta-tions to accomplish good works. As Pope Plus XI wrote in his "Encyclical on Education,"--.something, by the way, especially deserving notice by teadhers--"The true Chris-tian does not., stunt his natural faculties; but he develops and perfects them, by coordinating them with the super-natural. He thus ennobles what is merely natural in life and secures for it new strength in the material ond temporal order, no less than in the spiritual and eternal" (3). This is not the place for a presentation of the principles of hygiene, nor, even if it~ were, should I be presumptuous enough to. attempt such a thing. I should be:like the patient in the medical adage: "He who has himself for a doctor, has a fool for. a patient." If any religious should not know the elementary rules of h~giene, that is, the ~ules for living on the physiological plane, then let him begin his hygienic mortification by taking the trouble to-l~arn them. This is not an original suggestion ot: mine. A first-rate ascetical theologian of the twentieth century, namely, Zimmermann, the author of the excellent treatise Lel~rbucl~ der Asz~tik, counsels everyone seeking perfection to learn both the general prindiples of hygiene which may be studied, and the individual applica-tions and variations which must be gathered by personal experience (4). My attempt will be confined to indicatingcertain points on which the autldorities in hygiene do have something to prescribe, and to suggesting certain possible deviations that may perchance be found among religious. Posture migh~ be considered first. Constantly to pre-serve a wholesome and becoming posture of the body would not 6nly make for health, especially of the lungs, but it would also be something that would please others, and it would add to the influence of one's personality on others. Were it better observed, there would be fewer ill-looking (3) Pius XI. Christian Education of Youth; The Paulist Press: page 37. " '(4) Zimmermann. Otto. Lerhbueb d~r Asz.e. tiko page 516. 3# religious whose very appearance is, to put it mildly, not pleasing nor apt to inspire respect in Others. Certain religious seem to be given to the use of an exces-sive amount of clothing. To see them Out in winter weather, one might suspect from the. great number of thi~ngs 'which they are wearing, that they were planning on visiting the polar regions. Habitu'ally they are over-dressed. Then, sooner or later, iinevitably they are caught in some unex-pected exposure to cold, and, being sensitive like hot-house plants, rather than possessing the normal adaptability .to moderate variations in temperature, they~may catch cold,~ or develop a sore-throat or something of the sort. In any case, one would not expect a man who is ~eally mortified to be meticulous about slight changes in the temperature. Per- 'haps just the same persons are those who, believing that, as everything has its place, the proper place for fresh ai~ in winter is outside, insist on an immoderately high tempera- ~ure, and along with it, a bad atmosphere in the room. Thus .they diminish their alertness and efficiency, and at the same time waste steam and coal. Keeping the rules df etiquette at table would presum-ably be beneficial rather than harmful to one's health. At all events, it could be real charity and mortification. Cer-tainly, very certainly, it would be a great kindness to others, and tend to promote good appetite and health in the com-munity, as the neglect of good manners may be so great as to become disgusting to others. If there should be any re-" ligious who do not already know the ordinary pr~escriptions of table etiquette, then, by. all means, let them get Emily ¯ Post, and study her. It could be a very genuine act of vir-tue. Probably there are very few religious, those excepted who are already on a diet ordered by a physician, who could not make some change in their habits of eating and drinking that would not redound both to their physical well-being and to the glory of God. The right amount, the right balance of,diet, the right way of taking it,--these are points in which it is most human to err. Some, like chil-dren, may be inclined to slight the simple, solid substantials, and to show themselves too fond of sweets, desserts, and such better-tasting things. Possibly there are some who could at the same time reduce the community butcher-bill and improve their health. Some, though they lead a very 35 Sedentary lifd, may eat as if they had to dig ditches or. pitch. hay all day. .It i~ often said now that many Americans, even thosewho eat as much as and 'whatever they like, are star.ring themselves for the want of certain necessary ele-ments in their,diet: vitamines; for instance. Perhaps some ~.religious could drink less coffee, and thus improvetheir nerves, their t.emp~rs, their sleep, and their work. ~ The problems.of overweight and underweight, and all .their consequence.s, which may be 3r.ery serious indeed,hatur- :ally.suggest~ themselves in this context. Perhaps one ~eli-gi0us needs tO drink more milk, though he ~tislikes it~ and .another ought to'take.less of it, though he Iovesit. Pos-sibly one religious should mortify his pride and ask for permission to have an extra lunch~ between meals; "and an: other would do w~ll to obtain leave.to Omit the midday l_uneh. Iridi.vidual applic.ations of this point are~ infinite: If one realizes that he should dos0mething, gut not ~know what, it .would be easy to question the community phys, ician and find out. Thereare many religious who CgUld pr.actice this particular form of hygienic mortification, arid while making themselves more healthy and robust and fit for work and for a lon.ger life, also add very great!~; ~o the glory of God and the glory of His Elect in the hereafter. If one were to accuse, many male religious of smoking too much and thug really injuring themselves, one wduld only be repeating what they themselves accuse themselves of. Their oportunityiS obvious~ and the mortification involved would b~ great; but So ~ouldothe returris, at least in supernatural merit. T, he possibilities for mortification and for edific~ation, in connection with alc6h61 need only to ¯ be suggested. No,doubt there are many religious, who, if they be well-informed and sincere, would have to admit that some ~hangeinz~their lives ~ith respect to exercise Would, even from the spiritual pointof view, be an excellent thihg for them. If they need more physical exercise and can get it in some pleasant way, relaxing the nerves and mind as well as stirring the muscles, somuch the bett~r. " But get itthey ought, if they are fully to accomplish the tasks assigned to them by Providence. If nothing else .be possible; some form of calisthenics or setting-up exercise~ might be" tried fo~ a. prescribed number of minutes every day. If anybody think that there is no great mortification in faithfully per~ severing° in such a routine day after day and' month after m0nth,~let him try it . Many religious women would probably: be spared many troubles of mind and conscience, would performtheir exeicises of.piety with more energy and devotion, and would be more ready°in their obedience~ and work, as well, as morse healthy, if they h'ad a little walk every day' in the fresh air. Younger sisters, who until rather recently were college girls taking part in college athletics, might play a short game of tennis, or something of the kind. It would make for sound nerves and clear heads, and these in turn could obviate many. temptations and worries. It is:.true indeed that St. Paul wrote to Timothy: "For whereas bodily training oi~.,profitable for little, pietyis profitable for'all,things, .pos-sessing promise of life both here and hereafter" (I Tim-othy' 4:8). I take this to mean th~it bodily.training is of .little value in comparison with piety; but in as much as it is subordinated to.the purposes of wirtue and is a requisite condition for more vigorous piety, or piety in a longer life, its .wo.rthmay bereallY~very~great. ' " -" The ancient ascetics by way of reaction, it seems, to abuses connected with.the old public baths, mortified them-selves by not bathing. Could it be true that some.modern ascetics might practice mortification and virtue .by-making more use of it? ~ Care of the eyes deserves special mention. Apparently there are many who could deny themselves at times by taking the trouble to get better light when they are reading. Work, since it takes most of .the time and energy of religious, is a very fertile field for mortification. Some over-w' 6rk themselves for a time, and then for. a longer time they ¯ cannot do the normal amount, and perhaps~ ~hey evens:need the work of others to attend to them. Their ~problem is to avoid excess here, asin the practice of virtue generally. would Seem to be a good rule that there should.~nev~er:~.be overwork or overstrain except in emergencies. In the long run it is very poor economy and ef[iciency. They especially should cultivate self-abnegation'm avoiding overfatigue wh6 do not let superiors know that too much has been assigned to them; or who deceive themselves into believing that they. are heroically sacrificing themselves for noble motives when in 'reality there is an admixture of piide or human respect or merely human desire of success in thei:r 37 motivation. Sisters who in difficult days are attempting the double tasks of teaching and of getting their own edu-: cation at the Same time need more than others to guard themselves, even as the dreaded examinations approach, against overstudy and excessive exhaustion. Overfatigue -begets irritability, diminishes intelligence and liberty, and unbalances the nerves. Then the way is open to evils of all sorts, physical, mental, and moral. "So that ye may not grow weary and lose heart" (Hebrews 12:3). Humbly to be satisfied with a modest accomplishment when that is all that is possible without injuring oneself, or diminishing one's achievement in the end, is a very salutary form of mortification. There are others whose fault is too little exertion. Some of these, could benefit themselves physically, and perhaps mentally, as well as spiritually, by increasing their efforts until they reach the mean between excess and defect. Occu-pational therapy is an important kind of treatment for certain cases. After work, recreation and rest. For people who lead a life as strenuous and tense and uniform as the religious life is, recreation is of great importance. If they do not unbend at times, they will break. But are there not some religious who do not take even that minimum amount of recreation which is enjoined for them by their rules or their superiors? Here, in a peculiarway, to mortification charity could also be added. It is understood of course that what is supposed to be recreation or relaxation, really is recreation. Prob-ably no one will deny that there are at least a few religious who could advance in self-abnegation, and in prayer (especially the next morning), and in .virtue generally, by beginning their night's sleep betimes. Thus far certain points which may be the subject of ~mortification that is good for the body as well as for the soul. Only those in normal health, or at least in health that is nearly normal, have been considered. If one be sick already, evidently one has a greater need for hygienic mortification, and a greater opportunity to bear what is unpleasant and to forbear what is pleasant. Those who as yet are well, but, through some neglect or other, are slowly but surely undermining their health, could more easily and readily mend their ways if they could imagine to some slight extent what pain and torture, whaf 38 disappointment, what bitter sense of frustration, they are bringing upon thems~elves. Mortification is hard; other-wise it would not be mortification. But it is still worse to be sickand incapacitated, particularly if that be owing to some negligence or fault. An initial, though negative, advantage of hygienic mortification is that nobody can object to it on the score that it might injure his health. By definition, it makes for better health. Then, it possesses the-advantages and values of other forms of mortification, and besides, it is more thor-oughly positive and constructive than some of them. It is real and genuine mortification, involving, as it does, the suppression of much that is pleasant and the enduring of much that is unpleasant. :If anyone should think other-wise, he can try the experiment. Religious have a special need of keeping fit physically. There is the importance, in time and eternity, of their work, and this depends in great measure, on health and strength. An intense interior life--and this is always the ideal of religious--makes greater demands upon physical resources than the intellectual life, which in turn is hard enough upon the physique. The cultivation of mental prayer, of supreme importance in the spiritual life, demands that one's physical resources be at their best. Community o,bservances require health in the members of the com-munity, and if a sickly person drags himself along somehow to follow them, he is likely to become still worse and more incapable of continued community life. The great foundress, St. Theresa of Avila, who knew well the problems of religious women, and particularly the difficulties of mental prayer, wrote: "It is this resolution [to be always thinking of Him and loving Him] that He [God] seeks in us; the o~her anxieties which we inflkt upon ourselves serve to no other end but to disquiet the soul-- which, if it be unable to derive any profit, in one hour [of prayer], will-by ttiem be disabled for four. This comes most frequently from bodily indisposition--I have had very ~reat experience in the matter, and I l~now it is true; for I have carefully observed it and discussed it afterwards with spiritual persons--for we are so wretched, that this poor prisoner of a soul shares in the miseries of the body. The.change.s of season, and the-alterations of the humors,,. very often compel it, without fault of its own, not to do what if would,, but rather to suffer in every way. Mean-while, the more we force the soul on these occasions, the greater the mischief, and the longer it lasts. Some discre-tion must be used, in order to ascertain whether ill-health be the occasion or not. The poor soul must not be stifled. Let those who suffer thus, understa'nd that they are i11: a change should be made in the hour of prayer, and often-times that change should be continued for some days. Let souls pass out of this desert as they can, for it is very often the misery of one that loves God to see itself living in such wretchedness, unable to do what it would, because it has to keepso evil a guest as the body" (5). Other things being equal, alacrity of spiritand intensity of good will in exercises of piety, in keeping religi0us disci-pline, and in doing the work of the order or congregation, are to be expected rather from those who are physically fit ai~d strong than .from those who ,are unfit. The supernatural values of sickness and suffering~are very great, but it is understood and presupposed that the illness should not be due to indiscretion or negligence. ¯ Hygienic mortification~ will. contribute to poverty, because it is cheal~er to be well than to be paying for medi-cines, hospitalizations, and operations, and because healthx,, religious do more work. It will help chastity, by precluding certain temptations due to abnormal physical conditions, and by promoting, that soundness and stability of the ner-vous system which are so necessary for self-control. It will promote obedience, by removing obstacles both to readiness of will ai~d to actual performance, and by conferring greater positive strength and effciency. It will enhance charity and perfectibn it~self, by forestalling irritability and other impediments, and by enabling one to accomplish better and greater things for God and for souls. The present incumbent of the See of Peter and his immediate predecessor seem to offer an illustration in point. If Msgr. Ratti ha~d not been a very energetic Alpine climber, it is not likely that as Pius XI, and as a septuagenarian and an octogenarian, he could have achieved so much for the good of the Church. If I mistake not, the ascetical Car.- dinal Pacelli,while Secretary of State at the Vatican, used gymnastic apparatus installed in a room near his office. (5) St. Theresa, Life, translated b.y D. Lewis: chapter-XI. 40 There is one group of re.ligious for whom hygienic, mor~ tification, as thus far suggested, is not at all recommended. They are the hypochondriacs, to be found, here and there throughout the whole body of religiousl that is, those who are already excessively or even morbidly, solicitous about their health and all that appertains to it. For them it would be poison. However, they still need hygienic mortification: only it is of the psychic form. This they may need very rfiuch ideed. To quote St. Theresa again: "Take care, then, of the body, for the love of God, because at many other times the body must serve tl~e s0ul;.and let recourse be had to some recreations~holy ones such as conversation; or going out intothe fields . . . Altogether, experience is a great matter, and it makes us understand what is convenient for us. Let God be served in all things--His yoke is sweet; and it is of great importance that the soul should not be dragged, as they say, but carried gently, that it may make greater pro-gress" (6.). In conc!usion, a religious practicing physical hygienic mortification, as here proposed, will not by any means put care of his health above things that are of greater value, but rather, with the purest and noblest motives, make the most of the physical constitution that God has given him, and thus be better prepared and disposed to accomplish the very utmost for the glory of the Triune God, for the devel-opment of his own supernatural life, and for the sanctifica-tion of his brethren. He would simply and fully be helping to carry out the grand objective of the Incarnation: "I am come that they may have life, and may have it more abun-dantly" ¯ (2ohn 10: 10). (6) Ibidem. l:::xernpl:ions J:rom Fasting Gerald Kelly, S.J. THE PENITENTIAL season of Lent always brings with it the personal question: what should I do about fasting? Very likely the practical solution to thi~ problem in most religious communities is a regulation to consult one's confessor' and abide by his decision. This is certainly a wholesome custom; and it is notthe purpose of this article to criticize it in any way. Nevertheless, it seems profitable for the religious themselves to know something of the mind of the Church regarding exemptions from fast-ing. This .knowledge should be particularly helpful to superiors, since there may be times when they must pass judgment on their subjects' obligation to fast. Other re-ligious also can profit by the knowledge, for it sometimes happens that they cannot consult their confessor, at least for several days, and, even when they can consult, they can do so more intelligently and follow advice more reasonably if they are familiar with the principles governing their cases. This article, therefore, is intended to answer only one question, which may be phrased as follows: In what cir-cumstances is one exempt from the general law of fasting? The only point to be considered is the obligation to keep the general fasts of the Church. There is no question here of the obligations of rule concerning fasting as these exist in various religious communities. Nor is there question of the ascetical aspect of fasting. We can take for granted that fasting is. a splendid act of penance and mortification, as is evidenced by the entire Catholic tradition in the matter; take for granted also that the keeping of the common fasts of the Church in union with the other members of the Church is highly pleasing to God and of great profit to souls. These are interesting questions, but beside the point of the present article, the whole purpose of which is to determine who, according to the mind of the Church, may omit fasting without violating her law. The first expression of the Church's mind is found in the ecclesiastical law itself. Canon 1254, which contains the fasting law, exempts al! who have not completed their twenty-first year and all who have begun their sixtieth year. 42 Canon.1245 makes provision for other exemptions by granting the power of dispensing to local Ordinaries~ pas-tors, and superiors of exempt clerical orders. Custom, the unwritten law of the Church, exempts all who are engaged in hard and protracted manual labor. The foregoing are the only reasons for exemption con-tained explicitly in the law of the Church. They do not, however, exhaust the reasons which the Church acknowl-edges as valid excuses from the obligation of fasting. By far the greater number of excuses can be found in the teaching of the moral theologians. To put the matter briefly, these theologians, applying a principle approved by the Church as a legitimate method of interpreting the law, teach that fasting is not obligatory when it involves extraordinary difficulty. The word, extraordinarg, has a technical meaning which is perhaps best explained by contrasting it with what might be termed ordinarg difficulty. Evidently, the fasting law is intended to impose on the faithful some inconven-ience, that is, the inconvenience of self-denial. An incon-venience of this kind is termed ordinarg, and it would not excuse anyone from the observance of the fast. On the other hand, in a general law of this nature, the Church does not wish to impose exceptional hardship on anyone; much less does she wish to do harm or to hinder greater good. Such difficulties as these would be termed extraordinaru~, with respect to this law; that is, they are outside the scope of the law, and they excuse the faithful from the obligation of observing it. Applying this principle of extraordinary inconvenience, moralists teach that the sick and convalescent are excused from the obligation of fasting. Also exempt are those who, though perhaps not technically "sick," are of frail consti-tution; also extremely nervous people. Such persons nor-mally need nourishment frequently; fasting would prove harmful to them. It sometimes happens that even those in rather normal health cannot fast without severe headaches or dizzy, spells; also that the fast will render it impossible for them to get ¯ their needed rest at night. Some people are unable to get the one substantial meal allowed to those who fast; some are physically unable to eat or digest such a meal. Finally,. there are many who find that fasting interferes with their 43 necessary work; they lose valuable time and are quite inef-ficient. All cases like these are included under the exemp-tion by reason of extraordinary inconvenience. One might ask this very practical question: How am I to know if fasting would be exceptionally difficult for me or be harmful to me or my work? Perhaps the simplest way of answering this question is to tell such people to experiment a bit. This is the simplest but not always the most prudent method. Unless the experimentation is car-ried on very cautiously, it can work harm, and it can do this so quietly that the harmful effects are not perceived until it is too late. To avoid such injurious effects, one may legiti-mately follow certain recognized presumptions in deciding one's obligations to fast. The presumption of excuse favors those who are engaged in hard mental labor, for example, teachers and students. Regarding teachers, one may notice an interesting development~ in the opinions of theologians. The older theologians were quite ready to excuse a. professor of the higher branches, even though he had to lecture only one hour a day. They presupposed, of course, that he had to spend the day in preparation and that he did not merely read lectures which bad long since been cast into permanent mold. But these theologians were not always so benevo-lently inclined toward teachers of the lower grades (the equivalent of our high schools and grammar schools), even though these had to spend several hours a day in the. class-room. Father Ballerini, an eminent moral theologian of the last century, citing the especially severe opinion of one older school, remarked very tartly: "we should note that these great doctors were always engaged in teaching the higher branches; they had no experience in this humbler art." Also in the case of students there has been a progres-sive development towards leniency. Today, it is quite safe to say that the presumption of excuse favors those who spend several hours a day in teaching the lower grades, as well as diligent students who spend most of the day either in attending lectures or in preparing their lessons. When I say "the presumption of excuse favors" those mentioned in this paragraph, I mean that these persons may consider that they are not obliged to fast, unless they have very solid grounds for assurance that they can fast without, harm to 44 themselves, or their work. Those able to fast while carrying on these works are the.exception, rather than the rule. . The same presumption favors those who must spend long hours in the confessional or who are engaged in strenu-ous preaching.It may also be used in favor of those who are engaged in fatiguing works of mercy, such as caring for the sick. It should be noted that. in a!l these.cases, it is not only the strain of ~the work which favors exemption, but also the fact that the works themselves are of, great impor-tance. There should .be no danger that fasting will inter-fete with their proper performance. The foregoing examples of extraordinary ir~con~cen~ ience were chosen because they are of particular interest or practical value to the readers of this magazine. In cases such as these, the Church law does not bind. Furthermore, merely from the point of view of general legislation, there is no strict obligation Of consulting anyone, if one can form a prudent judgment of his~own case. A community regula-tion of consulting the confessor or spiritual director should; of course, be followed; and in general it is considered wise for everyone to consult about the matter. Often enough, it is diflScult to form a prudent, and especially a quieting; judgment of one's own case. Mention has already been made of those who have the power of granting a dispensation from fasting; local Ordi~ naries, pastors, and superiors of clerical exempt orders. These generally delegate the power to other priests, espe-cially at a time like-Lent: and the Holy. See. occasionally delegates other priests by special indults. None of these, even the Bishop, can give a dispensation without some rea-son; but the reason need not b~ so serious as would be required for exemption by reason of extraordinary~incon-venience. A dispensation is perhaps the best of all means for setting one's mind at rest regarding the obligation 0~ fasting. Even those religious superiors who have no power to dispense can pass judgment on their subjects' ability to keep the fast, and if they judge that a reason such as those described as extraordinary inconveniences is present, they may tell the subject not to fast. For passing such a judg-ment, no special jurisdiction is necessary. Certainly supe-riors are in a position to make a prudent judgment, for they 45 should know both the capacity of their subjects and the strain or importance Of their work. From what has been written here, it will appear that a fairly large number of religious engaged in the active life are not strictly obliged to keep the general fasts of the -Church. They have the same right as others to take advan-tage of exemptions. Someone might object, of course, that religious have an added obligation to give good example. The objection does not appear to have much weight in the :present instance. Religious should, by all means, give example to the world of a spirit of self-denial and mortifi. cation, but it is not necessary that this example extend to ,the letter of the law concerning fasting. In fact, without attempting in any way to minimize the general importance of the fasting law, one might advance several obvious reasons why religious have less need of this particular austerity than have others. ' Their life is a well-regulated, well-disciplined one, and those who lead it faithfully are being constantly schooled in self-denial. Furthermore, the very regularity of their life makes them feel more keenly the change brought about by fasting and renders them more apt to be upset by it. Finally, their work itself is of great spiritual importance.i As for bad example, the sharp or sarcastic word spoken by the confessor, teacher, or nurse is much more harmful than the so-called "scandal" of religious who do not fast. Perhaps these few remarks Will prove helpful to reli-gious, particularly to those who are inclined to worry about the fasting obligation or to lament the fact that they are judged unable to fast. They should take consolation in the thought that they can practise an even more meritorious self-denial by observance of their rule, by fidelity to duty, and especially by a constant and delicate charity. The inability to fast does not deprive them of the opportunity of glorifying God or of helping souls. 46 Saint: Rober Bellarmine's . Sign of the Cross Clement DeMuth, S. J. CATHOLICS with a greater than average knowledge of their religion are ~sometimes at a loss when they are called upon to render an. account of some simple reli-gious truth. They discover in themselves, not so much a lack of technical knowledge that lends itself to explanation only in learned phrase_s, but rather a failure to appreciate thd mental capacity of the child or other unlettered person to be instructed. To adapt one's knowledge of even the simpler God-give~i truths to the understanding of such a person is an art that must be cultivated, and developed, and integrated with one's deepening knowledge of human nature itself. The great catechists in the course of the Church's history practiced this art in signal fashion. One of the greatest of these, if indeed not the very greatest, was St. Robert Bellar-mine, Cardinal, Theologian, and Doctor of the Universal Church. In 1597 Pope Clement VIII requested St. Robert to publish his catecheticai method which was proving so successful With the unlettered people of Rome. The saint prepared two catechisms, the first of which was a compen-dium of Christian Doctrine in form suitable for learning by rote. The second, with Which we are here partkularly con-cerned, was a kind of teacher's manual and was entitled An explanation of Christian Doctrine u;ritten in the form of a Dialogue, for the use of those who teach it to children and to other simple people. The success of the little, two-fold work, written in Italian, was immediate and, What is more significant, enduring to an extraordinary degree. In the words of St. Robert's biographer, Father Brodrick, "wi~h the exception of the Bible and the Imitation of Christ, it would be difficult to name any other book which went round the world so rapidly and became familiar to so many different races." A series of Roman Pontiffs com-mended, prescribed, and in general promoted the little work down through the years from the time of Clement VIII. until our own century. With its richness of content, the saint's early chapter on that most obvious---and not always fully appreciated~ ~prayer, the Sign of the Cross, is representative. Its atten-tive perusal brings the conviction that "children and other simple people" are not the only ones who may profit by the saintly, Doctor's explanation of a simple prayer. The style of composition is informally conversational, with the pupil thoughtfully asking questions which would naturally occur to one listening attentively to the explanation of a rather difficult truth. It may be noted that the teacher makes, continual use of examples and illustrations, never permitting himself to forget that the pupil is little used to abstractions. Here is a translation of the chapter on THE SIGN OF THE CROSS PUPIL: Please give me a brief account of the more important mysteries contained in the Creed. TEACHER: There are two principal mysteries of our faith, and both are included in that sign which we call the Sign of the Cross. The first is the unity and trinity of God. Thesecond is the Incarnation and Death of the Savior PUPIL: What is meant by the unity and trinity of God? TEACHER: These are very deep truths and the explana-tion of them is a very slow process. For the time being, however, it will be enough to learn just the names, :and a very little bit more. The unity of God means that besides all created things there is one thing that had no beginning. It has always been and it will always be. It has made all ¯ other things, and it supports them and governs them. It is the highest, noblest, most beautiful, most powerful, the absolute master of every thing; and this being is called God. There is just one God. There can be only one true Divin-ity, that is, one nature, one essence infinitely powerful, wise, good, and so forth. Nevertheless, this Divinity is found in three persons that are called the Father, the Son, and the Holy Spirit. These three persons are just one God ¯ because they have the same Divinity, the same essence. As for example, if three persons here on earth, named Peter, Paul, and John, had the same body and the same soul, they would remain three persons; because one would be Peter, and another Paul, and another John. Nevertheless, there would be just one man, not three men, there not being three bodies and thr~e souls, but just one body and one soul. 48 Such a state of affairs is not possible among men, because the being of man is little ~and finite, .so it cannot be in many persons. But the being of God, the Divinity of~ God,. is infinite. The same being, the same Divinity is found in the Father, in the Son, and in the Holy Spirit. There are then three persons because one i~ the Father~ the second.is the Son, an.d the third is the Holy Spirit, and there remains nevertheless just one God, because these persons have the same being, the same power, wisdom, goodness, and so forth. PUPIL: Now tell me what is meant by the Incarnation and.Death of the .Savior'. TEACHER: The second divine person, whom we called the Son, besides his divine being, which he had before the 'world was created, indeed from all eternity, this second person took for himself a human body and a human soul, that is, our whole human nature, in the womb of a most pure virgin. Thus he who-was at first just God now began to bd both God and man. After living among men for thirty-three years, during which time he taught the wa~ of salvatioh and worked m~an~r miracles, at last he let him-self be crucified, and on the Cross he died tO make satisfac-tion to God for the sins of the whole world. After thfee days he rose from death to life, and after forty days he a~cended into hea~ce.n, as we say in the article of the Creed.~ That is what we mean by the Incarnation ~ind Death of the Savior. '~PUPIL~ Why are these the principal mysteries of fdith? " " ~FEACHER: Because in the fi~st ~is contained the first principle and last end of man; in the second we have ttie unique and most efficacious means of knowing that first piinciple and of arriving at that last end. And beck/use by our belief in arid confession of th4se two mysteries we~ are distinguished from all th4 false sects, from Turks, ~dews; and heretics. And finally, because without b41ieving and confessing these two mysteries, no one can be saved. PupIi~:. How are these two mysteries included in the Sign of the Cross? TEACHER: ;The Sign of the Cross is made saying: In the name of the Father, and of the Son, and of the Holy 49 Spirit; at the same time signing oneself in the form of a cross, putting the right hand to the foreh_.ead when one says: In the name of the Father, and then to the breast when one says: and of the Son; finally to the left and right shoulders when one says: and of the Holy Spirit. The words, in the ' Name, show the unity of God, because we say name and not names; and by name is meant the power, and the divine authority, which is one in all three persons. The words, of the Father, and of the Son, and of the Holy Spirit, show the trinity of persons, Signing oneself in the form of a cross represents the Passion, and consequently the Incarnation, of the Son of God. Moving the hand from the left to the right, and not from the right to the left, means that by the Passion of our Lord we are transferred from temporal to eternal things, from sin to grace, and from death to life. ~ (NOTE: It may be well to observe that St. Robert, in illustrating certain spiritual realities by the movement of the hand from left to right, can be said to be exercising his ingenuity. He'would no doubt find another interpretation if his catechism were for oriental Catholics, who make the Sign of the Cross moving the hand from right to left!) PUPIL: What is. the effect of making the Sign of the Cross? TEACHER: First, it shows that we are Christians, that is, soldiers of our High Commander, Christ: because this sign is like a flag, or uniform, which distinguishes the sol-diers of Christ from all the enemies of Holy Church; from . gentiles, Jews, Turks, and heretics. Further, this sign is made to invoke the divine assistance in all our works. With ¯ it we summon the aid of the most Holy Trinity, through the Passion of the savior. Accordingly good Christians are .accustomed to make the Sign of the Cross when they rise from bed, when they leave the house, when they sit at table to eat, when they are about to go to bed, and at the beginning of every action that ~hey have to perform. Finally, this sign is made to arm oneself against eirery as-sault of~the devil, because the devil is terrified by it, and flees from it, as do criminals when they encounter the sign of th~i~ police. Very often by means 6f this sign of the holy - Cross man has escaped many evils, both spiritual and tem-p6ral; when he makes it with faith and confidence in the divine meicy and in the merits of Christ, our Lord. 50 Li!:urgy in !:he ¯ P !:t:ern of Modern Praying Gerald Ellard, S.J. WHEN the history o~ our times is written, chroniclers will dwell on the fact that they are characterized by three great, world-embracing prayer-movements. They will speak of the widespread initiation of large groups of the laity of both sexes into systematic asceticism,, be it that of the Spiritual Exercises, or other forms, collectively centering in what is known as the retreat movement~. Again, they will point how this age, .the world,over, has shown a sudden deep concern' practical as well as theoreti-cal, in that communion with God, that apperception of God, known as Catholic mysticism. Lastly historians will take pains to record that twentienth century Catholicism is endeavoring once more to integrate the layman and lay-woman into the offices of public worship. Doubtless, too, the portrait-painters of our age will pause a bit to discourse on the mysterious power possessed by this Church twenty. centuries young to renew its life and reform its institutions by drawing upon fresh streams of vita!it~ welling strong within her. ".So it has been in each great crisis," we can well imagine one of them concluding-; "when the forces of the Church seems spent, then it is she finds new power surging up within her: in the twentieth century the Church refreshed herself and the world by refashioning the pattern of her praying." This article concerns itself in elementary fashion with indicating what is to be expected from the restoration to the people, in the pews, after many long ages, of their organic contact with the ministry in the sanctuary in the joint performance of divine service. The better to visualize the goal o[ this reform in Cath-olic corporate worship, suppose we ask ourselves why such a thing as the. current liturgical movement was simply inevitable, and must have come sooner or later, if the Church were not content to see one. of her chief organs wither to full atrophy. The present-day reform of Cath-olic worship seeks to redress the multiple losses that laymen. and laywomen have suffered in the course of time in their parr in our common worship, seeks to lower the wall of separation, which quite literally in many medieval churches to be seen to this day, and figuratively in them all, shuts the laity out from active sharing in what went on within the holy place where the priestly mediator stood at the altar. It was characteristic of Christian worship from the very outset that it was planned precisely to allow the fullest understanding on thd part of all, the fullest sharing in their respective roles .by ministry and people in their joint asso- Ciation with Christ, theirPriest, their Liturgist. Pagan altars were accessible to the pagan priests alone; the ,Jewish Temple admitted' lay-worshippers to the outer court near to the altar. But with Christians the altar itself stood con- ~picuous and accessible to every least, last Christian, because m the new priestly race, all had some sharing, priestly or lay, in the perpetuation of Christ's priestly ministry in the covenant of 10ve. St. Paul thankedGod that he efijoyed the miraculous gift of speaking God's praises in unknown tongues: "Nevertheless," he said, "in church I had rather speak five words with my understanding, so as to instruct Others, than ten thousand words in a 'tongue' " I and my hearers do not understand" (I Corinthenians 14:: 19). Now Catholic worship in the West turned from the primitive Greek to the Latin, when that became the tongue the com-mon man understood best. It then took the liturgy of 'the Western Church a fairly long period in which to grow and develop, until at Rome under Gregory I, Pop.e from 590 to .°.6. 04, it achieved its zenith, the perfect expression of the Latin Christian's corporate worship of almighty God. How regrettable that Gregory lived in an age of indescrib-able upheaval, which rendered the realization of his ideal in worship impossible in any ecumenical manner! Particu- ¯ lar features excepted, the liturgy of the Roman Rite has never since received such a thorough-going reform and readjustment to current life as Gregory gave it then. In one way or another the layman's place in the liturgy has become more circumscribed with every century since Gregor3~ lived. To illustrate how this has been the case, suppose we imagine a sevent.h-century man or woman living on as a 'Wandering Christian" through the intervening centuries, and note how such a pilgrim would find lay-participation in worship further impoverished age by age. 52 In Gregory's day, for all greater occasions, people met at a fixed rendezvous and then marched to church .with Cross and banners, prayer and song~ At the common type of Mass, what we call high Mass, pedple and choir of clerics together madd, in the language of everydayiife, those responses to the celebrant, which, if they are not exactly the structure of the service, are nonetheless so many short, vibrant bonds with the altar. At the entrance of the clergy, in alternation with the choir, there was singing. So, too, did the people come singing to bring their gifts to the altar at the Offering (Offertory). They shared the~cle'rgy's ceremonial postures, standing, extending their arms, bowing or kneeling with the ministers, and gave each other the kiss of peace. So did they join in the psalmody, singing at leas~ the Gloria Patti, the K~rie, the Sanctus, and, when it was later introduced, the Agnus Dei. Singing too they came to the altar, the Table of Union, itself the sign, as the Fathers of Trent were to phrase it later, "of that one Body of which He is the Head, and to which He would fain have us as members united by the closest bond of faith, hope and love." The Roman of Gregory's day could in many ways feel himself "concorporate" in his' worship with every one sharing that worship with him. In the following century, had our pilgrim attended Mass in England, France, Germany, notto mention other coun-tries, he would look in vain for the procession to Mass. Save on Christmas, Easter or Pentecost there would be few communicants at Mass, and correspondingly few offerers giving visible expression of the basic concept of the worship of God by sacrifice. Then, too, he would have found him-self one of the very few laymen able to follow the stately Latin,and, as we see from conciliar enactments, not all the priests able to translate for him! But.our pilgrim would: note with a sigh the people's' eagerness in singing as far.as circumstances allowed. There at least he could still join. with them in prayer that sang. After a second century of wandering, during let us say the pontificate of Nicholas I ( 8 5 8- 8 6 7), our pilgrim would have noted with growing apprehension how elementary part-singing had already been discovered. "I sadly fear this may in course of time lead to the neglect, or even-the corruption, of unison singing, planesong,* alone possible to *Concerning this spelling, see note at the end of the article. 53 the congregation as a whole." But he would have hailed with delight the opportunity given him in the appearance of the sequences,~ to sing simple, homely rhyming lines with lustiness and joy, Could he have foreseen the future, he would have known that after their period of development, and luxuriance, there would follow such decay that with fewest exceptions the sequences were all to be expunged from the Missal. When that happened, there was taken from the layman the last impoitant element of the Mass he could still sing. And so it goes across the ages. When St. Thomas was writing in the thirteenth century his explanation of the Mass, he takes it- for~granted that "there are words which the l~riest begins and thd people take up . the Creed and the Gloria.'" In St. Thomas' day the people stil.1 answered Et cam st~iritu tuo, Amen and the like. Shall we follow our weary pilgrim into-the fourteenth century? In The Low Countries, England, France, Ger-many and elsewhere we find him complaining that the new measured music in such rising vogue everywhere was by its very difticulty robbing him of his chance to sing his prayer to God. "Soon.all singing in church will be the monopoly of the expert musicians, and to them will be restricted the fulfillment of St. Augustine's words, 'He that sings prays double.' " What was more, the new type of music, by its sensuous character, so said Pope John XXII, was under-mining his virility of soul. But Pope John XXII was one of the popes of the so-called Avignon Captivity; and for that reason people considere~l him unduly influenced by the French court. His admonitions drew little attention. ~ There was a period when the Council of, Basle was Cath-olic and well-inspired, and thither our pilgrim might have looked for reform of long-standing abuses. How he would have been cheered to note the Council's condemnation and abolition (?) of that abuse whereby "low Mass was said in such a tow .tone that it cannot be heard by those attending." That abuse seems to-have been spreading then in the northern parts of Europe: "If this is not stopped,~' our pilgrim grimly reflects,"even my few answers at low Mass will soon be made impossible." But that was at a day when the Church hadjust healed :the great scandal of the Great Western.Schism, and papal prestige stood too low to effect far-teaching reforms just then. in 15.18 Cardinal Louis of Aragon went into The Low Countries. ~Hadour pilgrim gonein his train be might .have seen the cardinal's secretary~ write in his journal about the Flemish priests:"They say .[Mass] . . . so low that no ohe hears their voices. They do not permit anyone .to make the responses, except the servers, and no one else."' That was~ noted, of course, because it was cbntrary to Roman practice come down from time beyond memory. But in 1518 Rome was suffering the baleful consequences of Italian Humanism, and suggestions a cardinal.might make on 1.ittle points like letting the'people respon~l at low Mass would fall with little weight. Then, too, when the car; dinal's secretary made that entry in his notebook, it was already soinemonthssinceMartin Luther had appended.his theses to the door of the Cathedral of Wittenburg, and thereby set in motion a chain of events that led to the calling of.the Council of Trent. "At long last the-layman'~s losses over a_period of a thousand years will surely be redressed at this greht Council," said our pilgrim as he faced the journey to Trent.Let us see how Trent prescribed for the cure of this pernicious aenemia of the layman's worship, only to have the administration of the remedy, postponed by yet further troubles. The aging Luther ,did not see fit to attend the Council, to .which he had once so solemnly appealed, and indeed he was in- his grave beforeits sessions were completed. But despite~his absence, he was the greatest chalienge to the Council, because he had become the symbol of every kind of error, the accuser of every discoverable abuse. Not a few,of those abuses were related to public worship, and as our pilgrim could have testified, were associated-with th~ fact that for centuries the layman was being deprived by force of circumstances ,of an active and intelligent part in divine service. All.this, it Was then hoped, would be remedied in this great Council. ~' Of all the Cotincils, Trent claims a position unique in many ways, one of which was that from the very outset the definition of. doctrine and the enactment of reform-decrees went forward simultaneously. From the Second Session (the decree opening the Council being the sole. business, of the First Sesson), ,lanuary 7, 1546, to the Twenty-Fifth 55 Session, December 4, 1563, the multiple questions to.ucl~ing the reform of Catholic public worship came up again and again. The Council's solicitude' was most in evidence in all that referred to holy Mass, becau.~e, as the Fathers said, "of all holy things this Sacrifice is the most holy." In resisting the Protestant demands, the Council deemed it "inadvisable that Mass should be celebrated everywhere in the vulgar tongue." Yet on all having the care of souls it laid the obligation, "lest the little ones ask for bread and there be none to break unto them, to explain frequently during the celebration of the Mass, especially on Sundays and festival days . some mystery of this most holy Sac-rifice." If Trent similarly rejected the Reformers' petition " that the entire Mass be said aloud, it did reaffirm "that some .things in the Mass be pronounced in a low tone and others m a louder tone." Masses at which the priest alone com-municated were emphatically declared to be valid Masses, yet in crystal-clear language is affirmed the desirability of having all worshippers communicate: "The holy Council wishes indeed that at each Mass the faithful who are present should communicate, not only in spiritual desire, but also by the sacramental partaking of the Eucharist, that thereby they may derive from this most holy Sacrifice a more abun-dant fruit." With regard to nuns the. Council here went .further and decreed that they must communicate .at least once a month: "Bishops and other superiors of monasteries° shall t~ike special care that the nuns., confess their sins and receive the most holy Eucharist at least once a month." The reforms of the Missal and the Breviary, begun at the .Council, were then handed over to the Holy See for com-pletion. In a hundred minor ways the Council showed its zeal that anything savoring in the least degree of unworthi-ness be kept from the public worship of the Church. The thorny problem of having only proper music in the churches was given much more serious consideration than might be judged from the brevity, of this enactment: "They [local Ordinaries] shall also banish from the churches those types of music in which, whether by the organ or in the singing, there is mixed up anything unbe-coming., so that the house of God.may be truly a house of prayer." Indeed many a bishop at the Council may have had the painful experience of the force of that saying, that .more people were sung into Protestantism than argued into 56 it. As early as 1523; in his Form for Mass and Communion, Luther had touched upon the desirability of German singing: "I would wish among us to l~ave as much as pos-sible in the vernacular what the people sing at Mass." Within a year Luther had contributed no less than twenty hymns of his own composition to his cause, and after Ein /:este Burg had made its sensational reputation, reli-gious rebels in non-German countries began to sweep peop!e into their conventicles by giving .them the chance to sing at divine service. Small wonder that the Fathers of Trent, with all this before their eyes, wished to purge away the corruption that had overlaid the ChUrch's once so popular planesong. This once restored to the people, these would be saved the sad choice of active participation in unorthodox worship, or mute and silent worship in the Church of Rome. Thus our long-suffering pilgrim, attending the ses-sions of Trent, might have envisaged a veri
