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Part one of an interview with Frances Mercadante. Topics include: Poem for Dorris Catrell. Becoming the Italian Woman of the Year. Her work as a teacher. Being a woman with a family and a career. How her children were well cared for. How expectations and values changed from generation to generation in her family. Her mother played the organ. How her grandparents met in Boston, were married, and had her mother. How Frances' great uncle, Father Angelo Cappenella, ended up coming to the United States from Italy and was positioned at Saint Anthony's Parish in Fitchburg, MA. Frances' mother moved to Fitchburg to help care for her uncle at the rectory at Saint Anthony's. What life was like for Father Cappenella. Speaking Italian. The Venereen Sisters at Saint Anthony's. The importance of family. The tradition of family meals. How Frances dealt with her son's divorce. ; 1 LINDA: Linda [Rosenwan] for the Center for Italian Culture. It is Wednesday, October 24, 2001. We're with Frances Mercadante at her home at 306 Canton Street in Fitchburg. So she is about to read a poem that I believe she wrote. Did you write this poem? FRANCES: Yes, I did. LINDA: For a friend, Doris Catrell. FRANCES: For a friend, Doris Catrell [Disgene]. Doris, small statured woman, a warm smiling face. Whenever she greets you, it's with a hugging embrace. Impeccably dressed each Sunday as she comes to lead the parish in song with her clear, lilting voice at the 8 o'clock mass. After mass, carrying communion to the ill, she brings them consoling joy and contentment. Then, to the Blessed Sacrament she travels spending an hour with the Lord in the Eucharist. During the week, she's at mass each day, later has coffee for our group to enjoy. Always uplifting whenever we're burdened, encouraging and kind in conversation. At home as a child, I remember her presence, practiced the church services with mom in the choir. Reaching high notes as a soprano with ease, always ready to do her part. Later when Saint Anthony's School was in session, she volunteered to cook, serve, and chat with the children from our school and no one, too. Her workers enjoyed her pleasant manner. She was there when our family and neighbors required special care, assisting her parents in their senior years. Helped Margie, a neighbor, when her health began to fail. And still took care of her own family's needs. She has four loving children, Carla, Michael, Jerome, and Antonia; one special granddaughter, Ashley. Has a strong, loving bond with each of them, and especially enjoys their calls and visits. 2 She has a green thumb that is obvious to see as you approach her cottage with bursts of color from flowers of all kinds profusely growing in her yard. Doris, a woman of faith, family, and friends has left an indelible mark on my life. LINDA: Now, what was the occasion that you wrote this? FRANCES: I wanted it to be part of my Italian cultural evening. And I said it would be nice for me -- well, I had already done Luigi Relley years ago in class, in a creative writing class. I said I was going to look into getting a picture of the two of them and frame the write-ups that I did so parishioners going by, especially the older ones and then some of the families, would recognize the two people and want to read them. And that was the whole purpose. LINDA: So this was read at the awards, too? FRANCES: No. LINDA: No? FRANCES: It was just on a table with all the other material that we had, and people could read it if they wished. LINDA: So explain to us just briefly about becoming Woman of the Year, the Italian-American Woman of the Year. FRANCES: Italian-American Woman of the Year. There is a committee of people that look at individuals and usually see whether or not we have been in the community, active in the community somewhat, and also doing well with our church, our family, an all-encompassing thing. When they look at a person, they want you to be many things. I personally felt that I was more involved with church, family, and career. And I did some outside material with, probably, the ecumenical group. I had been in that for a number of years and enjoyed that. And then, I used the telephone to solicit for the Red Cross and cancer, TB-ers. 3 But I wasn't, supposedly as far as I was concerned, the type of person they should select because I wasn't as outgoing as being in politics or being very active in the elderly communities that they have in the cities and whatnot. I just didn't have the time because of my career. I stayed in quite a number of years until -- let's see, I was going on 69 when I left. And a lot of people leave at 52. So I didn't have the time. I enjoyed teaching, and I hated to give it up. LINDA: So now explain to us about being a teacher. I understand that you were the first. Were you the first married woman? FRANCES: Yes. When I came back to Fitchburg from Windsor, Connecticut, I had my training in Windsor, Connecticut. I went to college in Chicopee [unintelligible – 00:05:35]. And when I looked for a position, my mother, of course, wanted me to stay home in my own hometown. She knew I was going to be engaged and getting married, and she really looked forward to that. And I stayed on, was substituting this for almost six months, and was called maybe three times. And I said, "I'm never going to get any experience doing this." And it was a time when they were not hiring as many teachers. LINDA: And what year was this? FRANCES: This was 1953. And so I decided to use a teacher -- what do you call them? I'm trying to think of a word. Where you would look for a position, they would have the listing of different schools. And Massachusetts had a few. They were in Walpole and quite far from Fitchburg, on the other side of Fitchburg, really, going toward the cape. And then, there was this job that I found in Windsor, Connecticut, and my brother-in-law lived in Connecticut in Plainville, in New Britain. And so I decided to look into the Windsor, Connecticut job, and it started in January. And I was taking care of a fifth grade class and decided to accept the position. And I was very, very happy that I did. I had a Mr. John O'Neal, who was just delightful, as a principal. And the teachers were 4 very, very friendly. And it was a very good start for my career as a teacher. We lived in a home where there was a widow with only teachers boarding there. LINDA: And this was before you were married? FRANCES: Before I was married. So I stayed there for the rest of that year and the following year. And then I returned to Fitchburg and looked for a position here, and I was selected at the E Street School. At that time, the superintendent had just been changed, and we had a Mr. Johnson from New York, from the state of New York, I don't know exactly where. And I told him, I said, "You know, I'm going to be getting married." And at that time, they said, "Well, usually you have to retire. You could sub, but you cannot be a permanent teacher in the classroom." And he said, "No, Fitchburg is laidback." He was very get up and go. And he said, "Things are changing." And he said, "They've already changed in New York. So I don't want you to even worry about getting married and losing your job because I think it's going to change within this year." And I said, "Well, all right." So I just listened to him. And as it was, he was correct. So then, I told him the following year… LINDA: And what year is this? FRANCES: I'm very bad with years, so I think it was '54. And I told him, I said, "I'm having a child." And I said, "I know that's definitely a no-no. I'll have to leave." He said, "Oh, no it isn't." He said, "That is changing, also." And so he said, "You continue, but you get your doctor's permission that you're fine and you're able to do it." So I was the first married woman in Fitchburg and the first pregnant woman in Fitchburg. And I stayed on until that whole, entire June, and I 5 had my baby August 6 th. And everybody was very accepting. I was in a small four-room school with just four classrooms and a Mrs. McKeel, who was delightful. She was [unintelligible – 00:10:19] and knew my family. And I was very well treated, so I had no complexes about it at all. LINDA: So you didn't receive any dissention even from the community? FRANCES: No, no, I didn't. Well, I think because I was inobtrusive or unobtrusive. I did not make waves at all. I just did my job, and I was very low-key. That's the way to put it. LINDA: Now, where was this school? FRANCES: This school was on Lindbergh Street, which is Route 2-A going to Boston, the old Route 2-A. And that's where I started here in Fitchburg. And then I decided to stay out until I had my family. So I was out of teaching for six years. I returned to teaching when my husband decided he was unhappy with private accounting and really would like to start his own public accounting business. In those days, a CPA could not do any advertising at all. And I knew he was worried about the fact that he wouldn't be able to support his own family. So I decided to try to get a position, and we could live on my salary. And in the meantime, I spoke to my youngest sister, who is 10 years younger than I, and she was dating seriously. And I said, "Would you mind instead of working somewhere to take care of my children?" And she agreed. And so I had a wonderful setup if I was able to get the position. I talked to my pediatrician because I was very worried about the children. And he said, "If they're ever very seriously sick, I will take the car and drive right to your house." And so I never forgot Dr. Pick for that. And he gave me a couple of articles to refresh my mind that women have a right to have a career as well as a family. And they can do both very well. And so I did. 6 I was given a position by Miss Lyons. She was the assistant superintendent at the time. And I had a fourth grade at Hastings School. And that's where I started my career in teaching. I stayed there four years, and when Crocker School was built, I was one of the first to go into that new school. And I stayed there until I retired. So I was there for 68 years. LINDA: Sixty-eight? FRANCES: Sixty-eight. I'm sorry, 35 years or 36 years, 35 or 36 years. LINDA: Wow. FRANCES: So I was 68 years in age. That's what I meant to say. LINDA: First of all, your family sounds as if they were very progressive, especially your husband. FRANCES: Mm-hmm. The CPA business, of course, you had to wait for the telephone to ring. You could not advertise. LINDA: Why not? FRANCES: It was against their rules and regulations at that time. And it stayed like that for quite a number of years. And now, of course, they can do anything they want, advertise… LINDA: So how did he begin? Did he just hang a shingle out? FRANCES: He had to put a shingle out. And I don't know if he could even put something. I think he could put an announcement in the newspaper, and that was it, and just by word of mouth. And then there were public accountants and private accountants that knew him and liked him and offered to give him one of their jobs, and that helped him to get started. And then he get to know more people. And through word of mouth, really, it was developed. LINDA: And he continues today? FRANCES: Yes, he continues today. And he has his youngest son. And it's a thriving office. Instead of being a one-man band, he has three or four CPAs now there, I think, working in the office. LINDA: And what's the name of the business? 7 FRANCES: It's Mercadante & Mercadante. And then, my daughter-in-law took a payroll business that he had only eight people and made it into, I think, 70 clients now that do the payroll with her. LINDA: And what is that business called, or is that under Mercadante? FRANCES: No, it's her own payroll business. I honestly don't know the actual name of it, but Nick will be able to tell me. LINDA: So were the hardships worth it at the beginning? FRANCES: It was. I still had guilt complex about leaving the children. I came home at three; and in the first years, I did not take any courses. I just took the courses that were given at the school after school hours. And my sister would stay an extra hour, an hour and a half. And then I would come home, and I would just spend my time with the children and then cooking a full meal, and I would have my sister stay with me and have a full meal with her husband. And then eventually, she was married the second year and had a little girl. And I would babysit her little girl—I had a crib for her—so that she could go out and enjoy herself on occasion with her husband. And it worked out very, very well. LINDA: So she must have lived nearby. FRANCES: She lived nearby, yes. And then, when she expected her second child, then my mother talked to me about a Mrs. [Grassi], who was her very dear friend who was 65 years old. And Mrs. Rose Grassi was just unbelievable. She accepted the position here. She lived only five houses down the street from me in this… LINDA: Are we talking about this address? FRANCES: Yes, this address, right on Canton Street. And she enjoyed every single bit being another grandmother. We called her the third grandmother in the family. She was so loving and caring to the children. I would have to hide housework from her so that she wouldn't get worn out because she would always put her whole effort into caring for the needs of the children 8 first, and then worrying about the little things in the house that she thought I wouldn't have time for. She was just so special. And Fridays were a special day for the children. There was always a special goodie because it was the end of the school week and she wanted to have a special treat for them, might have been apple muffins or cookies. She made oatmeal cookies. She did so many things that were special. And to this day -- well, I'm thinking back college days. They would come home, and I never had to tell them to go and visit their grandparents, but they also would never forget her. They would go down and see her husband, Joseph, and Rose. LINDA: And now, these are other Italians, too? FRANCES: They're Italian. And, of course, both of them are deceased. But when Ann Marie got married, she went to the nursing home with her bridal gown on and her husband and had a picture taken. And she has that picture at our house. And whenever we have family gatherings, we talk about her remarks and how she used to cater to Anthony being the youngest child. And she'd say, "Oh, my goodness, your wife is so strict with that little [peachy mean]." Peachy mean is the little one. She doesn't realize he's still little; he shouldn't have the same choice that the other children have. And so we would talk about that. And so then, she would tell that to my husband. She didn't want to hurt my feelings, and so she was hoping that he would tell me to cool it with that youngest son of mine. But, oh, she was just a special, special person. To this day, I miss her whenever I go by her house. LINDA: Now, do you think that you would have continued with your teaching probably if you didn't have your sister and someone like Mrs. Grassi? 9 FRANCES: I think it would have been very difficult for me because I was a very -- they say cancereans are, but I'm very family-oriented, and I worry about the children and not being there if they really needed me. I was very fortunate that the family stayed very healthy in those teaching years. And so when I did have to take time off, it was very few and far between, so I wasn't hurting my teaching career by having a lot of substitutes in and out covering my class. I didn't want to do that because I felt that was my responsibility to my school. LINDA: You're of the generation that really invited people into your home to take care of children. How do you feel about outside daycare now with all the daycare centers sprouting up? FRANCES: I think I would peruse them very carefully. And it wouldn't be just one visit; it'd be several visits to make certain that you walk in there unannounced on certain days just to see what happens when they do have a child that's having a bad day and how they're caring for the child. And that would be my feeling. Then I think you could rest assured. I know we had a girl here on our street—and I know her mother very well —was [unintelligible - 00:21:12] daughter, Nana. And she has done a beautiful job. She takes care of 6 months old right to toddler age. And she has a lot of patience, but she only has maybe five or six children that age, so she can give them a lot of undivided attention. And she has her house set up for it. LINDA: What do you think are the most important attributes to taking care of children? FRANCES: I think loving them and making them feel secure is so important, because you are really taking the place of parents. And they feel very left out, that initial shock. Even when they are starting elementary school, we have a lot of problems with the first time they go to kindergarten or the first time they go to first grade, whatever it might be. That separation is very difficult for children. It's very difficult for parents. And so I think if you 10 have a warm, loving person that gives them the security that they're not going to be invasive and not take mommy and daddy's place, but be there for them, is very important. LINDA: What did you do to make sure that your children still felt important in your life? FRANCES: Oh, I would say, when I came home -- first of all, I always told them if there was anything majorly wrong and they felt they needed me, that they could call dad's office, and either Dad or I would pick them up at school so they would not be left thinking that no one would take care of them if they had something really seriously bothering them or if they were seriously hurt, you know, physical harm. And then when I came home, it was always a special treat. And that treat was to get together, and snack time was talking time. But even though I was talked out teaching, I made sure that I spent at least a half hour talking about the different things that may have happened. Some of them were very talkative and outgoing, and the others were very withdrawn. And so I had to reach them by just questioning very gently and not pushing the issue. And eventually, they started to tell me. If there was something on their mind, it would come out. But it was just during snack time before we started homework. And I would do that. And it worked out. I don't know, I think our parents that had to work in my generation had it easier because we all had the same rules and regulations in every household. So when they were playing with their friends, they heard the same rules. And they didn't feel that they were being slaughtered and overruled by very strict parents that had to work. They didn't feel that it was a difficulty. They just took it upon themselves, "Well, mom has to work because dad is starting a business." And then, of course, I could have left teaching. And 11 they were in the middle grades at that time. And I said, "If you don't mind, mommy would like to --" I'm always with Nana because I'm with the grandchildren now. I said, "Mommy would like to stay on stay on teaching. But if it becomes a problem," and I said, "we'll talk about it." And I stayed on because I wanted them all to get a good education, and I had them very close in years. They were 20 months apart, and the last two were 16 months apart. And so I knew that when the education started and paying the college bills, it was going to be very difficult. And our parents were good-hearted people, but they didn't have any kind of money to help us out. It was going to be our problem. LINDA: How did your mother feel about you working? FRANCES: She didn't mind it at all. Of course, she was an organist for so many years. But of course, that was part of her life because she started playing the organ when she was in her teens for the church. And she did it free of charge. And then I think probably when she was 30 or 40, they started to give her a dollar for playing the mass. And she had to take a cab down to the church there with the dollar. LINDA: So in a way, she was out of the house anyway. FRANCES: She was out early in the morning and then back at home all day. So if we got sick, Mother was there at the house. And the only time she was out of the house was Saturday mornings, and Dad was usually there or she would have a babysitter, or my grandparents were there. So there was always somebody reliable there. And then Sunday masses, she would play one or two. And we would be at one. And then Dad probably took us home. And it was never a problem. LINDA: Now, can you speak a little bit about the different generations? For example, what your parents expected and then what you expect and what your children expect. FRANCES: Well, I think that they wanted us to be kind to one another. Family was very important to them. And they enjoyed having the relatives come to 12 visit and putting a huge spread on at different times. We had my grandmother's people from Roxbury that would come up. And oh, they were such fun times. I remember my grandmother's brother, Uncle Rocco, and -- oh, maybe Great Uncle Rocco. And he was full of fun and had a beautiful singing voice, and they would get at the piano and my mother would play the Italian tunes. And then, of course, there'd be always a delicious meal to eat, and dessert. And then they would head back to Boston to Roxbury. And with my mother's sisters, I think we were the only ones that had a car. And then, we would take turns taking one family to the beach with us. And sometimes, my mom would leave us at the convent with the sisters if we couldn't fit everyone, and we would spend the afternoon with the nuns. And we enjoyed that. Now, in this day and age, they would think that was horrible. But they played games with us. Oh, we had a wonderful time. And there was goodies there. And then, Mom would pick us up probably six or seven o'clock. But it took much longer to get to Boston or to the beach because we had the old Route 2, and you had only two lanes. And it was a two-hour, almost, I think, trek to get to Boston. And so, family get-togethers were very, very important. And I think we all remember them as happy times. In our own individual families, we always had birthday parties. We did not get 10 or 15 presents. We got one present. And so the material things were a minimum. We got school clothes when we started school. And then when the change of the season came, we got warmer school clothes. And Mom and Dad very rarely bought new things for themselves. 13 We all dressed on Sundays. They were Sunday outfits. I remember that clearly. You would never wear dungarees to church. When my youngest sister was 10, and -- I was 10, and she was maybe just starting out, when she get to be 10 years old, that's when the dungarees started. But girls usually wore shorts in the summer with the skirt over. And it was a different era completely. And we didn't mind it. I don't remember anyone complaining. LINDA: So do you remember rejecting any of your parents' values? FRANCES: No. We went along with it. And sometimes, we'd be stubborn and bark at something, "Well, why can't I have a little more time doing such and such?" whether it be a game or whatever. And she'd say, "Well, it's time to hit our homework," or get busy for the things at hand, whatever it might be. And I think that's about the only thing I remember. And if we were arguing with our sister over some stupid thing, it might be, "Well, did you take my sweater out of my drawer? I didn't find it in my drawer, and you must have worn it. And now, it's in the wash. And you didn't ask my permission to do it." And I had my grandchildren two weeks ago, and the same thing happened. Olivia came in and she had on a sport shirt that belonged to her sister, Tanya. And I said, "What are you doing?" And she said, "Well, Tanya was ready to start an argument." And I said, "You know," I said, "when Aunt Theresa and I were growing up," I said, "she used to take something she loved to wear and wouldn't even ask me. And then, she'd put her jacket on and start walking down the street. And she'd say, 'Well, I'll wait for you at the corner.'" 14 And I said, "I never thought to look inside the jacket. But when she came home…" And so the two girls started to laugh. And I said, "You see, that doesn't change in families." Then I said, "It would be nicer if you asked permission, because there are some things that should be favorites and that should be left alone and then other things that you could share." And so that's the way my mother brought us up. In the very same way, she talked to us about that and she said, "Sharing is wonderful, and we should learn to do that. But there are some special things that you want to be yours, and that's okay." So I thought that was a good way of teaching my grandchildren, remembering their mother's words. LINDA: Now, your children have they taken many of your values and the way that you brought up your children? FRANCES: Yes, I would say so. Now, they have, of course, in-laws that are not of our same background. But still, in all, they have been following the same ideas. They're very loving girls. I have two daughter-in-laws, and so that makes a big difference. And then, we've had a lot of family get-togethers where they take turns. And I feel really wanted and so does the rest of the family. And I think that's half the battle, really. LINDA: Now, do you have two daughters and two sons? FRANCES: I have one daughter and three sons. Now, my oldest son has since been divorced. Now, I don't know how many years it is now. But they have joint custody, and I am very friendly with my ex-daughter-in-law to this day. And so when Christmas comes, I always remember her. And when I had my special affair, Italian Woman of the Year, she sent me a beautiful bouquet of flowers and a beautiful card with lovely notes from herself and the three girls. LINDA: Now, what is the son's name? FRANCES: Nicholas, Dr. Nick, yeah. LINDA: And what is her name? 15 FRANCES: Her name is Jayne. And she still goes by Mercadante. J-A-Y-N-E, she spells her name. LINDA: Now, is he remarried? FRANCES: He has not remarried. No, he's dating someone spasmodically. And he feels that his responsibility right now is his three girls. LINDA: And what about your other sons? FRANCES: And my youngest son is married to Deborah. And she… LINDA: And what is his name? FRANCES: Anthony. LINDA: Oh, okay, this is your youngest. FRANCES: Yes. And sometimes we call him Tony. And Dominic is unmarried, and he's up in Belfast, Maine, and he's certified architect. LINDA: And he's unmarried. FRANCES: Mm-hmm. Then I have my daughter in Harvard, and she's married to Roy Castor, and they have two beautiful daughters. I have all their pictures on the piano so I could look at them. LINDA: And what's her name? FRANCES: Ann Marie. And it's A-N-N and then M-A-R-I-E. LINDA: Ann, okay. Thank you. FRANCES: And she's a nurse midwife. She became a nurse midwife. And he is a small-town lawyer. LINDA: Interesting. Now, you talked about your mother playing the organ. FRANCES: Yes. LINDA: And I know that you're an organist, also. FRANCES: When she became elderly, she wanted me to continue, so I worked with her at the organ and played some of the masses when she was unable to. And then she finally retired, I think after 60 years of playing. But she started at, I think, age 12. So did I, just playing benedictions. So when people read my write-up for Italian Woman of the Year, 55 years of playing, or 50 years, it was really taking those years that I had played 16 occasionally, just benedictions. But I really played maybe 30 years, 40 years. LINDA: Now, did your mother play… FRANCES: She played funerals, weddings, yeah. LINDA: How did she learn? FRANCES: She learned from the sisters. I think it was the sisters that were at Saint Joseph's Church in Fitchburg. And I think they were the Sisters of Notre Dame. But they were a French order of nuns, and she learned from one of the sisters that taught piano and then taught organ. LINDA: And how did you learn? FRANCES: I took from the Mr. Williams here in Fitchburg. And then when I went to college, I took from Sister Lawrence Newey. So I had some training from two professional people. And so did she. LINDA: Does the tradition continue with your children? FRANCES: No. Well, Tanya is a very good player, piano player, and doing well with it. And then, Sophia, my 10-year-old, is playing. And my 9-year-old is playing the piano. She's starting with the Suzuki, Allesandra, my daughter Ann Marie's youngest daughter. And then, Antonia, her oldest daughter, is learning the flute, and has played the flute. And Olivia, who is the second one in my son's house, is learning the clarinet. And she's now starting with the saxophone. And I think we're going to start Nicholas—he's going to be 7 this month—probably with the piano because he seems to like it. He goes there and he doesn't pound on it like most children do. So we think that there's an interest there. LINDA: But your children don't play? FRANCES: No. Tony had lessons and Ann Marie did. And they gave it up in, I'd say, the upper grade school years. No interest. LINDA: So now tell me -- I guess we should get -- first of all, I feel like we're really rushing and we are because we only have about an hour and there's 17 a lot to cover, but I know that you have a very strong connection with Saint Anthony's. FRANCES: Yes, I do. LINDA: And there's a reason for that, and I'd like you to explain that. FRANCES: Well, first of all, my mother was born in the North End in Boston, and she came from a mother and father that came directly from Italy to the North End in Boston. Her mother came at age 15 to live with Aunt and start her life there. My grandfather was already there, and he was 10 years older than my grandmother. And they lived in the same apartment dwelling, many floors. I think probably there's six to eight floors in those apartment buildings. And he got to know her by seeing her scrubbing the floors, that they were very immaculate. And they get to talking. And he married her. And she was just, I would say, 16 when she got married. And she had my mother at age 17. And my mother was so small that she was three pounds. In those days, they did not have the hospital care that we have. And they used to open up the oven door and have it on a very low heat, and they would put the bassinet close to the oven door to make sure that the baby stayed warm enough, plus the blankets and whatnot. But they really worried about a three-pounder. And today, of course, there would be a facility for that. And my mother grew up very healthy and always had a weight problem, which is unusual for being so tiny as a baby. But she had a very healthy life. Now, when my grandfather had spent maybe several years or more in Boston, he became very unhappy and missed Italy tremendously. So one summer, he said he wanted my grandmother to take a trip back with the 18 three older children and see whether or not she would like to go there to live, because he was not too happy with… LINDA: Now, this is your mother's parent? FRANCES: My mother's parent. This is her father. So they decided to go back, and they did take the boat from Boston, and they went to Italy. And, of course, I think in those days, it must have taken almost three months to get there, or two months anyway. And when they arrived, it was summertime there, and for some unknown reason, my grandmother became ill there. We don't know if it was a change in the water, the kind of food, but they ate the same more or less diet. So we just don't know, but she became quite ill, and they had to come back by boat. And because she was so ill, my uncle was -- my great uncle, Father Angelo Cappenella, was a seminarian professor in Naples. And so he asked the bishop for permission to escort them back to the United States, and the bishop gave him permission. And so he came with the three children and his sister-in-law back to the states, and my grandfather just acquiesced and decided he had to learn to love this country as his own. But I'm sure it was just leaving his family. I think he was a very, very quiet man and very bonded to family. And you had people in the North End, but they weren't your family. They were acquaintances. And then after a while, he was comfortable. So then what happened is my uncle was situated in [Hayville] in the Boston Diocese. And Father Maseo, who grew up with him in the same town in Italy, told him that he had to go to the Springfield Diocese, and they wanted him to work in his diocese. And so eventually he was given the Fitchburg place where Father [Rossomano] -- and going to look here and see. This was in 1907. Our father, Reverend Pasquale Russuomo, an Italian missionary began founding the Saint Anthony Parish with 200 determined Italian 19 Americans. The springtime of 1908, April 26 brought the dedication and consecration of the new church building. And under Father Rossomano, returned to Italy in the fall of that year. Monsignor Angelo Cappenella assumed the pastorate duties for the young parish. He was only Father Cappenella at that time. And so that's where he was assigned. And then going on from there, do you want me to tell the history of the church? LINDA: No. FRANCES: All right. We'll stop there. LINDA: What I'd really like you to do is -- we may have time for that, but really tell me how your mother then got involved with Saint Anthony's Parish. FRANCES: Okay. My grandfather, knowing the custom in Italy, which was if you had a parish priest in the family, the family members would take care of the rectory in his name, help with the altar, and serving in every capacity until they had sisters to help out or nuns to help out. So he talked to his wife, and he said, "We're going to have to send at least two children there. I don't want him to be alone." And so my grandmother went right along with it. And she said, "What I'll do is take the train back and forth. I'll stay two days with them, make the food ahead of time, teach them how to do certain things, and then I'll come back and spend four days here." And so Aunt Anna became the second mother in command in the North End. And that was my mother's second oldest sister, and she helped my grandfather. And so they came to Fitchburg, and… LINDA: Tell me what their names were. FRANCES: Mary and Michael. And they were both Cappenella. Now when he came, he realized that to have these children have a normal life, they really should get back to their families. But the only one who eventually did go back to his family was my Uncle Mike. My mother, staying here as long as she did, had a niche here, and she made friends, and she didn't want to 20 leave my uncle. And my grandmother used to come often enough. And then the grandparents, and my grandfather and the family, would come on Sundays every once in a while. And they would have family dinners together. So she, more or less, I think accepted being here in Fitchburg with her grand uncle, her uncle, my grand uncle. LINDA: When did she start? FRANCES: She was 12 years old, which is a very young age. But when you look at age in those days, my grandmother was 16 when she was married. They had a maturity that we don't have in our own generation, let alone our children. They are really children at that age. They can't make serious decisions, yet these children seemed to be able to. They had a maturity about them that was inhuman. LINDA: Now, where did she go to school? FRANCES: She went to St. Bernard's Elementary. And I think she only went up to the sixth grade. LINDA: And tell me what she did at the rectory. FRANCES: At the rectory, she worked at the church washing linens, setting up the altar, doing all the things that the sisters did in later years, getting the music ready for the different functions and the masses. And then in the rectory, she had to clean it as a house, all the chores you have in a regular home: cooking, cleaning. She did some sewing, ironing, all of that. And then, of course, he was very helpful. He was an uncle who did not just sit. He would help her with the dishes and help her with the cleaning and whatnot because he felt it was a sacrifice for those two children to be away from their parents. And he appreciated the fact that they were there. LINDA: So this is about the time she must have learned how to play the organ? FRANCES: Yes. She started taking lessons, I would say, early on, maybe 14. I would say about that age, probably. 21 LINDA: And did she look to the nuns as mother figures, do you think? FRANCES: I think that she just relied on her own mother when she came here. She was very, very secure. I think my uncle priest had a kind way about him. So he was sort of second father in command, and they related to him very well. He was not an abusive person. He held his temper. I think later on in the parish, we heard that he would lose his temper at times because that parish was built up on pennies. People did not have a lot of money, and it was very difficult for them to get into the habit of giving to the church, because in Italy the churches were paid by the government, a very different thing. And so when they came here, they couldn't understand why they had to support parish. That was a very difficult thing. LINDA: Did parishioners have to purchase a pew, let's say? FRANCES: I don't remember that much. But if the church was being redone, they would want a family name. So I know the windows would have a family name on them. I think some of the pews did have years back, but I don't know because they've been changed several times. And different statues were given in honor of a beloved person that died in their family. And so that was done. LINDA: So tell me a little bit about Father Cappenella, well, uncle to you. FRANCES: When I was growing up and my mom and dad were married, we lived three houses away from the rectory. The parish owned a three-tenement house that gave them money from the rent they collected to support the things they needed to have in that parish. At first, he had no nuns, and so the Irish teachers were wonderful to him. He had four or five of them. Alice Lyon was one. Mary Courtney and her sister were two more. Alice Keeney was another. And I don't know what he would have done without those Irish teachers volunteering to teach Christian doctrine and helping out with the linens, too, and helping my 22 mother out. So they were just wonderful to my uncle priest, and he always appreciated it. And eventually… LINDA: So were they just volunteering their time? FRANCES: Volunteering. Absolutely, after teaching, volunteering. LINDA: And now, where were they from? FRANCES: They were from St. Bernard's Church. Our mother church was St. Bernard's on Water Street. LINDA: Now, they must have needed the permission from [unintelligible 00:52:37]. FRANCES: Yes. And I'm sure that he gave them permission. And so that was a wonderful tribute to that pastor in caring for a mission church that was just starting out for those people who came from Italy and did not know the English language quite yet. And so he would start his mass in Italian at first. And then as time went on, it was just one mass in Italian and all the other masses were in English, because most of the Italians had that feeling of wanting to be accepted in this country, and they wanted this adopted country to love them the way they loved their natural home in Italy. And so they thought learning the language was an asset to them. And so a lot of us who had mothers and fathers who could speak fluent Italian did not have that training of hearing the language because they would just talk to the children in English, whether it was broken English or not. And they would speak only to the grandparent in Italian. Now, very many of the families did that, but there were still some families that talked Italian only at home. But that's the way we were brought up. And there were many families like ourselves where they just spoke English all the time. LINDA: Looking back on that, do you think it was important for assimilation reasons? FRANCES: When I think of the problem we're having with the Spanish people, I think that maybe it did help. And I taught in a school where the people came 23 from Finland and brought their children to school. And they spoke fluent Finnish at home. But when those children came to school, they learned the English language. And they did not put up any hesitation about the fact. They felt that this was their adopted country, and that when they got home, they would speak the fluent Finnish with them. But they were also going to learn the English from their children. And the attitude is very different. Now, I don't know about the Canadian French, because, of course, they can come from the country of France, they came from Canada. And I think it was very similar because they kept their language, but they also learned English. LINDA: But on the other hand, the Italians really didn't keep their language, did they? FRANCES: No, we didn't. I would say there are very few families who did. That's my own personal opinion. But I know Doris's family spoke fluent Italian. And there's still some that were doing it, but it wasn't the majority. I think it was difficult for them to go into the workplace not knowing more English. And I think that's where the change occurred. They wanted to do well in where they worked to be able to support their families. So that was a definite must. We have to be accepted. We have to do our part. And secondly, the Italian language, even though they loved it, had to take a backseat. That's my personal opinion. LINDA: Did you ever feel it important to teach your children Italian? FRANCES: I was hoping that they would pick it up in school because I sent them to a parochial school, but none of them did, because it was just in class. And then they never attempted to try to talk except in class. LINDA: And you don't speak Italian? FRANCES: No, I never do, no. And that's why I'm taking beginning Italian right now. 24 LINDA: Did you speak Italian when you entered school? FRANCES: No. No. English. LINDA: So your parents spoke to you in English? FRANCES: Always in English. LINDA: Well, that's because it was really their parents who came over. FRANCES: Yes. LINDA: We're going out of time. FRANCES: All right. Well, do you want to continue, and I'll just skip that meeting? LINDA: Oh, I don't want you to do that. I can always come back. FRANCES: Oh, sure. LINDA: I can come back at a later date. FRANCES: But if this is a convenient day for you, why don't we just try to get quite a bit of it done? LINDA: Okay. FRANCES: I think we should do that. LINDA: Okay. So again, I'd like to go back to Father Cappenella to get some maybe personal stories, anything that you can share that probably the average person may not know. FRANCES: Well, he was a very giving person, and he felt even though he had the help of those Irish teachers, he needed to get sisters here to bond the parish together more so. And he felt that with the nuns, they could teach Italian. They could teach embroidery, have a pre-school. And all of these things would help the new families coming directly from Italy. And it would nurture his parish, too. So he moved out of the rectory—that was part of the church in those days. There was sort of like a little L, and there was about three floors. And when I first went to the convent, that's where we would stay, so I got to know it very well. And he decided to move to Salem Street and then to the house, the [Ritchie] house. And he stayed there until a new rectory could be built. And so he did that. 25 And when he had those sisters, then they took over the pre-school and started [Sagalopi's]. LINDA: Now, who were the sisters? FRANCES: These were the [Venereen] Sisters. And, let's see, I think that is mentioned here. They came in 1919. Four sisters of a congregation of [unintelligible - 00:59:29] Venereen Sisters arrived from Italy to teach in the day nursery, to conduct classes in religious education, and to assist the pastor in caring for the needs of our expanding community. And it says, at that time the sisters lived in the -- well, was really part of the church. It was really the rectory, the initial rectory on the church. LINDA: So Father Cappenella was really instrumental in bringing [unintelligible - 01:00:03] here? FRANCES: Yes, he was. Absolutely. Yes. And that was a very close time, especially the first nuns that came. Oh, he was very fond of them and couldn't do enough. In hot weather, I can remember the years when he was able to afford a car and he would take us to Quentin when he had to confess the sisters and the presentation at their convent. They always sent a different priest so the nuns would feel comfortable confessing their sins. And he would take us for a ride and buy ice cream for us. And then when we got back to Fitchburg, he would say, "Now, I'm thinking all our nuns with all those robes on," and he said, "this hot weather," he said, "we have to stop at a store and I have to buy them a box of ice cream." In those days when you went to an ice cream place on the road, they just had the cones. They didn't sell it by the bulk as they do today, so we had to stop elsewhere and get them their ice cream. And I always remember that. And there were things that -- he always wanted to make sure they had enough heat in the wintertime, and then if he got too much from someone's garden -- but most of the time, people would take some, I 26 should say, to the convent. But if they forgot and he had over an abundance, he would always bring extra food down there or give them special treats that they couldn't afford. And he just felt that they were really the heart and soul of our parish. And I feel that that's why we grew so well through the years from one generation after another. It was those initial Venereen Sisters who really, not only gave us stronger faith, but the family life being so important, they instilled it in us in the way they treated us and the way they talk to us. And I think that helped all those good families, and it helped my mother's generation, the first families, and then my generation. And when I get together with people that are in their 60s and 70s, they still remember, and someone their age still remember those first nuns with joy and with special feeling. We just can't help it. They're part of our life, our parish life. And we have such a warm feeling about them. LINDA: So tell me more of what they did for the community. I know that they preached a stronger faith and a strong family. FRANCES: Yes. LINDA: But how did they lead by example? FRANCES: Well, they were very instructive with the children. So they had classes in Christian doctrine. And through their example, of course, they taught us plenty. But they were actually teaching us Christian doctrine, and not only that, the classes in pre-school, bonding with us in things of everyday life, not just faith, just not religion, but games, playing games with them. I can remember one little Italian game that I'm teaching my grandchildren. We had to, in pre-school, make believe we were butterflies. And we would flip our hands and walk and just hop around in a circle. And then she would teach us—and this was Sister Michaelena—and she would teach us sofaleena bella bianca vola bola nuncy stunka, which means 27 butterfly, butterfly beautiful and white, always flapping their wings and flying and never getting tired. And fly here vola coo a volala, fly there never, never getting tired. And so that little nursery rhyme was the little game of running around in a circle with our hands flapping up and down. Those brought a lot of happy memories back. As a child, a very young child, I can remember that. And a lot of my fellow friends my age remember those things. Now, we also remember that when we were at mass, we had to tow them up. There was no talking, and we had to pay attention. And in those days, it was difficult because it was in Latin. And you know how bored our children are with just going to church, let alone sitting there for an hour listening to Latin. And there wasn't the -- well, people participation the way we have it today. And so, it's a big difference in the worship of the mass today in this generation and when we were little. And I think it's much for the better. But we still honored our parents and our grandparents and our sisters with good behavior. If we were an itchy type child, we just wiggled in our seats, but we stayed where we were supposed to. I think it was definitely a deep respect and care and love for the teacher as well as our parents that made us do that. That's the only thing I can think of because I brought up four children, and my oldest one was a very big itch and is very active compared to the other three. And I would have to tell him several times whereas the others I never had to tell them. But we have all different personalities. And I'm sure there were some of us in that generation that were very antsy and wanted to move about. But because of the respect we had and the love for our parents and our priest and our nuns, we held back. We held back enough [gap and go]. I don't 28 know what you would say, but tolerance. Yet it was more than tolerance, was caring. LINDA: I get the impression that maybe you don't think there is enough caring and respect today. FRANCES: I think that the parents are too involved with making too much money and huge houses, and the sense of giving has gone to extremes. And I think the nurturing and the loving, we're so tired because I think in this day and age to do the shopping and take care of a family, have a part-time job, if not a full-time job for both mother and dad, is overwhelming. And the children are in so many organizations today. You're in the band, as I am, picking them up from soccer, field hockey, then it's instruments that they're taking up, dance. And we're spreading ourselves too thin in the meat and potatoes. The most important thing is family life and spending some time with our families. And there are some families today that don't even have one meal together. Now, that was something I insisted on when my boys were in high school and they were into different sports. I didn't care if the last one came in at 7:00 p.m. at night. We ate at 7:00 p.m. But I wanted us to eat as a family. So they could have snacks to hold them over, but I wanted us as a family to have a meal together. And very rarely, we had a conflict where we just couldn't do it. I tried to make that a rule, not just Sundays. And Saturdays were fun days for us. We had really leisurely breakfast in the morning, and we took turns making it, and we invite my milkman in. And I can remember how amused he was when Tony was making breakfast and he was in the third or fourth grade doing it. 29 But I think we have to go back to doing that. We've got to cut back on some of the stuff that's not needed. And too much material things, we don't need, too. LINDA: So whereas you worked really to support your family it was important. FRANCES: That's right, we did. LINDA: Your feeling is perhaps some of these people don't need to work as hard or even work at all if they're only buying more. FRANCES: Yeah. LINDA: Is that it? FRANCES: That's it. But, of course, today the thing has changed. Education is far more expensive than it was when we were bringing our children up. And so now, if you wanted them to go to a school—and even your state schools have gone up in the price of education—you're going to, if you have your children close in age, go out and have an extra pay coming in just for the education. It's that difficult today to educate your children. LINDA: Getting back to sharing a meal, do you feel that was part of your Italian heritage? FRANCES: Yes, I think that my mother made that very distinct because my grandmother did, too, before her. It was always -- she wanted us at least once a month to go to Boston and be with the rest of the family. And if she couldn't have everybody at the meal, we had to come for cake and coffee, those who lived in that grid, to join us so that we were all together. She wanted everyone there. And my mother was the same way. And when my mother was unable to do it physically, we would take turns and do it for her and take turns at our homes so that she would have that feeling at least once a month of all the children. LINDA: Do you continue that tradition? FRANCES: I certainly do. What we do is birthdays are very prominent. And we try to limit the number of birthday get-togethers. So we take the month of October and group them together. Now, Poppa G has a birthday in October, October 4th. And CeeCee, our youngest granddaughter, is 30 October 17. So when the family gets together, we try and get a Sunday where everyone can be together, or Saturday, and we have a cake for each one, a little cake for each one. We have plenty of ice cream. And we make the meal together. And they really enjoy it. And the cousins get to know one another more. And they learn to adjust to the temperaments, too, because sometimes one of them is off kilter on that day and wanting their own way, and they have to learn to bend like they do with their own siblings in their own home. And so I think it's a good lesson for them, and it sort of bonds the family. LINDA: Just talking to you for this short while, I feel that you don't mind bending. FRANCES: No, not at all. No. That's so important. And I try to adjust because I know I'm dealing with daughter-in-laws that come from a different background, who probably never had this. And it's too much togetherness in my family. And so I try to take the median of let's join the birthdays together. And then now with the family getting too big, at Christmastime we've started picking names because they were opening up too many presents. And I didn't like it, and neither did some of the parents. And so we started the limitation. Now the children know they're only going to get two names, two presents, one from their family and one -- I'm trying to think how they do it. It's just been recent that we've been doing that, those past two years. I know we do it at Thanksgiving time. We put names in a hat or a bowl, and usually it's a bowl. Oh, I know what it is. I'm thinking of every parent picks one for their child and so that everybody has one name. And so everybody gets at least one present. Now, we were doing the godchildren, but then we decided no, we're going to do it at birthday time. And so it has cut down the pressure of Christmas tremendously. And now 31 we can really enjoy Christmas and work on food and what we make, the specialties of food. And it's just the one gift. And I think it ends up with two gifts that they get. And I've forgotten how we do it. I have to ask my daughter again. LINDA: Is that the same for you and your husband? You just have it for one? FRANCES: Oh, yes, yes. And for their birthdays, the grandparents always remember every child, because that's the way we want it. LINDA: Now, again, you sound very patient. Has your patience ever been tried? FRANCES: Oh, yes, many times, because sometimes they don't want to have it on a certain day. And I will wait, and sometimes the month goes by. And I will say, "Well, I'm missing having our get-together." And I just wait it out, and it comes to fruition. LINDA: So not just about the birthdates, but just life decisions. FRANCES: Oh, yes, definitely. We have to bend. I have to realize if they're coming from a different culture, a different mom and dad than I had, and if I can't be bending how can my children be bending with their wives or husbands? And that isn't a good example. And then it's not definitely a good example to the grandchildren. And so there are going to be changes and difference of opinion because we're all different. We all don't vote Democratic or Republican. And so we've made a rule, but we're not supposed to talk politics. And things are going to irritate for no reason. They have nothing to do with our family life, and they're not going to infringe on our family feelings by any means. It's not going to change it. And so we drop those things. LINDA: And how is a woman like yourself, who is so strong with her faith and Italian, accept your son getting a divorce? FRANCES: It was very difficult for me. But he didn't want the divorce. She wanted the divorce. And irregardless of it, you have to go along with -- if their marriage -- I definitely talked to them about going to counseling, and they did. And after that, I said, "You have to really think about the children 32 and what's going to happen and make your decisions caring about the children because," I said, "they are going to be hurt the most." And they have done that. At first, there was bickering going on, and so they separated. He went to the condo so that there wouldn't be that going on. Until they calmed down. Now the relationship is fairly good. And they're able to talk about the problems at school, the problems at home with each other and be very, very understanding of each other and caring. And that's very important to me. Another problem I have with this marriage and divorce is that we were family friends of her mother and father for five years. And so her mother died 10 years ago, and I was very close to her. And so I, of course, saw her very close to her dying days, and I told her that I would always be there for Jayne, no matter what. And I don't find it difficult to be there. She hurt my son, but he hurt her, too. And the angels are in Heaven, as my mother said. So I have to look at both their personalities and both their qualities. She wants to go on. She does not want him anymore. I cannot make her love my son if she doesn't love him. And so I have to think about my three grandchildren and the fact that she's a very loving mother. And I have to go from there. And that's where I'm at in this stage in my life. And he's doing much better than he was. And she was his first love and his only love, and it was a very big adjustment for him. But he's over the worst of it now, I would say. But he still worries tremendously about his children. And sometimes, they have a different philosophy about education, or it might be jobs in the summer, simple things. But there 33 could be problems, and they have to learn to talk it out and… /AT/pa/pdj/es

Issue 23.5 of the Review for Religious, 1964. ; Constitution on the Liturgy by Vatican Council II 561 About the Constitution on the Liturgy by Paul VI 592 Persons and the Religious Life by Paul J. Bernadicou, S.J. 596 Work: A Becoming Process by Sister M. Judith, O.S.B. 604 Utilizing the Psychologist's Report by Alan F. Greenwald 612 Decision-Making by Richard M. McKeon 616 Positive Examination of Conscience by Daniel L. Araoz, S.J. 621 Examination of Conscience for the Religious Woman by Sisters Vincent Ferrer and M. Elizabeth, S.P. 625 Ancient Abbess and Modern Superior by Sister Marie Estelle, &D.S., 633 The Need to Be Needed by;Sister Teresa Margaret, O.D.C. 644 Survey of Roman Documents 652 Views, News, Previews 657 Questions and Answers 660 Book Reviews 666 VOLUM~ 23 September 1964 VATICAN COUNCIL II Constitution on the Liturgy PAUL, BISHOP THE SERVANT OF THE SERVANTS OF GOD TOGETHER WITH THE FATHERS OF THE COUNCIL FOR A PERPETUAL RECORD OF THE MATTER 1. This Council,* dedicated as it is to the things that pertain to holiness, has the following aims as its objectives: the steady growth of the Christian life of the faithful; the better adaptation to the needs of our times of those things that are subject to change; the fostering of whatever can contribute to the uniting of all believers in Christ; and the strengthening of whatever conduces to the leading of all men into the Church's fold. It is because of these aims that the Council is convinced that it is also its duty to make special provisions for the renewal and the promotion of the sacred liturgy. 2. For the liturgy, through which, especially in the di-vine Eucharistic sacrifice, "the work of our redemption is continued," 1 is of the highest importance in bringing it about that the faithful by their lives express and manifest to others the mystery of Christ and the genuine nature of the true Church. It is characteristic of the Church to be at one and the same time human and divine, visible yet endowed with invisible realities, devoted to action yet dedicated to contemplation, present in the world and yet * The original Latin text of the Constitution appeared in Acta Apostolicae Sedis, v. 56 (1964), pp. 97-138. In this translation, chapter titles, subtitles, and paragraph numbers are taken from the original. x Secret of the Ninth Sunday after Pentecost. ÷ ÷ ÷ Vatican Council 11 VOLUME 23, 1964 561 ÷ ÷ ¥ot~:mt o~nci~ I! REVIEW FOR RELIGIOUS 562 a pilgrim in the world. These aspects of the Church axe so constituted that the human in her is directed and sub-ordinated to the divine, the visible to the invisible, action to contemplation, the present world to that future city for which we are striving.2 Those who are within the Church are day by day built up by the liturgy into a temple cou-secrated to the Lord, into a dwelling place for God in the Spirit) into the complete development of the fullness of Christ.4 At the same time the liturgy notably strengthens their power to preach Christ, and in this way it shows the Church to those who are outside her as the standard lifted up among the nations5 under which the scattered sons of God may be gathered together into unity0 to the extent that there may be one fold and one shepherd.7 3. Wherefore, this Council judges that it should call attention to the following principles concerning the pro.- motion and the renewal of the liturgy and that it should set forth practical norms in the matter. Among these principles and norms there are some which can and should be applied both to the Roman rite and to all the other rites. The practical norms, however, which are given below are to be understood as applying only to the Roman rite except in the case of those which in the very nature of things affect other rites as well. 4. Finally, this Council, in faithful obedience to tradi-tion, affirms that the Church considers all lawfully recog-nized rites to be of equal right and dignity; that she is determined to preserve them in the future and to foster them in every way; and that she desires that, where neces-sary, they be carefully revised in the spirit of sound tradi-tion and given a new vigor to meet the circumstances and the needs of today. CHAPTER I GENERAL PRINCIPLES ON THE RENEWAL AND PROMOTION OF THE SACRED LITURGY I. The Nature o[ the Sacred Liturgy and Its Importance [or the Li[e o[ the Church 5. God who "wishes all men to be saved and to come to the knowledge of the truth" (1 Tim 2:4) and who "at many times and in different ways formerly spoke to the fathers through the prophets" (Heb 1:1), when the fullness of time came, sent His Son, the Word become flesh, anointed :See Heb 13:14. sSee Eph 2:21-2. ~See Eph 4:13. nSee Is ll:12. nSee Jn 11:52. *See Jn 10:16. by the Holy Spirit, to proclaim the gospel to the poor, to heal the contrite of heart,s to be a "bodily and spiritual physician,''9 and to be the mediator between God and man.xo For His humanity in the unity of the persgn of the Word was the instrument of our salvation. Hence in Christ "there came forth the perfect achievement of our reconciliation and there was given to us the fullness of divine worship." 11 This work of human redemption and of perfect glori-fication of God to which the mighty works of God among the people of the Old Testament were a prelude was achieved by Christ the Lord principally through the pas-chal mystery of His holy Passion, His Resurrection from the dead, and His glorious Ascension whereby "dying He destroyed our death, and rising, he restored our life." 12 For from the side of Christ sleeping on the cross in death there came forth the wondrous sacrament of the whole Church.13 6. Accordingly, just as Christ was sent by the Father, so He Himself sent the Apostles, filled with the Holy Spirit, not only to preach the gospel to every creature1~ and to proclaim that the Son of God by His resurrection and death had freed us from the power of Satan1~ and from death and that He had brought us into the kingdom of the Father, but also to continue the work of salvation which they proclaimed. This they were to do by means of the sacrifice and the sacraments around which all liturgical life revolves. Thus, by baptism men are grafted on the paschal mystery of Christ;13 they receive the spirit of adop-tion as sons "in which we cry out: Abba, Father" (Rom 8:15), and they thus become those true worshipers whom the Father seeks.1T So also, whenever they eat the Lord's Supper, they proclaim the death of the Lord until He comes,is This was the reason why on that very day of Pentecost when the Church appeared in the world "those who welcomed the preaching" of Peter "were baptized." And they "continued in the teaching of the Apostles, in SSee Is 61:1; Lk 4:18. s St. Ignatius of Antioch, Ad Ephesios, 7,2; Patres apostolici, F. X. Funk, ed. (Tiibingen: H. Laupp, 1901), v. 1, p. 218. ~°See 1 Tim 2:5. a Sacramentarium Veronerme, C. Mohlberg, ed. (Rome: Herder, 1956), n. 1265, p. 162. ~ Roman Missal, Easter Preface. l~See St. Augustine, Enarrationes in psalmos, 138,2; "Corpus Christianorum," v. 40 (Turnholt: Brepols, 1956), p. 1991; and the Oration after the Second Reading of Holy Saturday in the Roman Missal before the reform of Holy Week. 1'See Mk 16:15. ~See Acts 26:18. l"See Rom 6:4; Eph 2:6; Col $:1; 2 Tim 2:11. ~ See Jn 4:23. ~See 1 Cor 11:26. 4. 4. 4. Liturgy 4. 4, 4. REV[EW FOR RELIG]OUS the sharing of the breaking of bread, and in prayer . They praised God continually, and all the people spected them" (Acts 2:41-7). From that time on, the Church has never failed to meet together in a body to celebrate the paschal mystery by reading those things "in all of Scripture that were about him" (Lk 24:27), by cele-brating the Eucharist in which "the victorious triumph of His death is once more made present," 10 and at the same time by giving thanks "to God for the indescribable gift" (2 Cot 9:15) possessed in Christ Jesus "to the praise of his glory" (Eph 1:12) through the power of the Holy Spirit. 7. For the accomplishment of so great a work, Christ is always present in His Church, especially in her liturgi-cal actions. He is present in the Sacrifice of the Mass not only in the person of His minister ("It is the same [Christ] who now makes the offering through the ministry of His priests and who formerly offered Himself on the cross" 2o) but especially in the Eucharistic species. By His power He is so present in the sacraments that when anyone baptizes, it is Christ Himself who baptizes.21 He is present in His word, for it is He who speaks when the Sacred Scriptures are read in the Church. Finally, He is present when the Church prays and sings; for it was He who made the promise: "When two or three have gathered together. in my name, I am right there among them" (Mr 18:20). It is true to say that Christ always associates the Church with Himself in this immense work whereby God is per-fectly glorified and men are made holy. She is His beloved Bride who calls out to her Lord and through Him offers her worship to the eternal Father. Rightly, then, is the liturgy regarded as an exercise of the priestly office of Jesus Christ in which human sanctifi-cation is signified by sensible signs and effected in a way corresponding to those signs and in which public worship in its entirety is performed by the Mystical Body of Jesus Christ, that is, by the Head and His members. Accordingly, every liturgical celebration, since it is a work of Christ the priest and of His Body which is the Church, is a surpassingly holy action the efficacy of which is equaled by no other action of the Church on the same ground and to the same degree. 19Council o~ Trent, Thi'rteenth Session, October 11, 1551, Decree on the Eucharist, c. 5; Goncilium Tridentinttm: Diariorum, actorttm, epistolarum, tractatuttm nova collectio, ed. by the Gfirres Society, t. 7 (Freiburg: Herder, 1961), p. 202. ~°Council of Trent, Twenty-second Session, September 17, 1562, Doctrine on the Sacrifice of the Mass, c. 2; Concilium Tridentinttm: Diariorttm, actorum, epistolarum, tractatuttrn nova collectio, ed. by the Gfirres Society, t. 8 (Freiburg: Herder, 1919), p. 960. a See St. Augustine, In loannis evangelium tractatus, VI, c. 1, n. 7; P.L., v. 35, col. 1428. 8. In the liturgy of this earth we share in a foretaste of that heavenly liturgy which is celebrated in the holy city of Jerusalem towards which we pilgrims are journeying and where Christ sits at the right hand of God as the minister of the holy things and of the true tabernacle;22 together with all the troops of the heavenly army we sing a hymn of glory to the Lord; when we honor the memory of the saints, we hope for a share in fellowship with them; we wait for the Savior, our Lord Jesus Christ, until He our life will appear and we in turn will appear with Him in glory.:~3 9. The sacred liturgy does not exhaust the entire range of the Church's activity. Before men can come to the lit-urgy, they must be called to faith and conversion: "How can they call on someone in whom they have never be-lieved? And how can they believe in someone of whom they have never heard? And how can they hear unless there is someone to preach? But how can there be preachers unless they are sent?" (Rom 10:14-5). For this reason the Church proclaims the news of salva-tion to unbelievers so that all men may know the one true God and Jesus Christ whom He sent and that they may be converted from their ways by doing penance,z* And to believers also the Church must always preach faith and penance; she must prepare them for the sacraments; she must teach them to obey whatever Christ has com-manded; 2~ and she must draw them to all the works of charity, of piety, and of the apostolate, for it is by these works that it becomes clear that the faithful, though not of this world, are nevertheless the light of the world and are to give glory to the Father before men. 10. Nevertheless, the liturgy is the summit towards which the action of the Church is directed, and at the same time it is the source from which all her power flows. For all apostolic endeavors are ordered to the objective that all men, being made sons of God by baptism and faith, should come together in unity, should praise God in the midst of the Church, should take part in the Sacrifice, and should eat the Lord's Supper. The liturgy, in its turn, urges the faithful who have been filled "with the paschal mysteries" to be "one in holi-ness"; z6 it prays that "they hold fast in their lives what they have grasped by their faith"f7 and the renewal in the Eucharist of the covenant of the Lord with men draws the faithful into the compelling love of Christ and sets ~See Ap 21:2; Col 3:1; Heb 8:2. See Phil 3:20; Col $:4. ~See Jn 17:3; Lk 24:27; Acts 2:38. See Mt 28:20. Postcommunion of the Easter Vigil and of Easter Sunday. Collect of the Mass for the third ferial within the octave of Easter. 4- 4" 4" Liturgy VOLUME 23, 1964 565 them on fire. From the liturgy, therefore, and especially from the Eucharist, graces come to us as from a fountain; thereby there is achieved in the most effective way possi-ble that sanctification of men in Christ and that glorifica-tion of God which is the goal towards which all the other activities of the Church are directed. 11. But in order that this effectiveness be achieved in its fullness, it is necessary that the faithful come to the sacred liturgy with the right attitudes of soul, that they attune their minds to its voice, and that they cooperate with its supernatural grace lest they receive it to no purpose.~ Hence, in the celebration of the liturgy pastors of soul:~ must carefully see to it that not only are the laws for a valid and lawful celebration observed but also that the faithful take part in it in an intelligent, active, and en. riching way. 12. The spiritual life, however, is not limited to par-ticipation in the liturgy. Though the Christian is truly called to pray in common with others, yet he must also go into his own room to pray to the Father by himself;2~ in-deed, as the Apostle teaches, he must never cease praying.80 Furthermore, we are taught by the same Apostle to carry about in our bodies the death of Jesus so that the life of Jesus may be manifested in our mortal flesh,al It is for this reason that in the Sacrifice of the Mass we implore the Lord "to receive the offering of the spiritual victim" and to make out of us "an eternal gift" a2 for Himself. 13. Devotional practices of the Christian people, pro-vided they conform to the laws and norms of the Church, are highly recommended, especially when they are ap-proved by the Apostolic See. Devotional practices of individual churches also have a special value if they are done with the permission of the bishops and in accord~tnce with legitimately approved customs and books. But since the liturgy by its nature is far superior to them, all such practices should be such that they harmo-nize with the liturgical seasons and that they are in ac-cord with the liturgy, are derived from it in some way, and lead the people to it. II. Education in the Liturgy and Active Participation in the Liturgy ÷ 14. It is the earnest desire of the Church that all the ÷ faithful should be led to that full, intelligent, and active ÷ part in liturgical celebrations which is demanded by the Vatican Coundl H REVIEW FOR RELIGIOUS 566 See 2 Cor 6:1. ~*See Mt 6:6. ~°See 1 Th 5:17. ~See 2 Cor 4:10-1. The Secret of the second [erial within the octave of Pentecost. very nature of the liturgy and which, by reason of baptism, is the right and obligation of the Christian people, that "chosen race, kingly priesthood, holy nation, and pur-chased people" (1 Pt 2:9; see also 2:4-5). In the matter of the restoral and renewal of the sacred liturgy, this full and active participation of the entire people is the most important thing to be taken care of; for it is the primary and indispensable source from which the faithful draw a genuinely Christian spirit. Hence, in all their pastoral work pastors of souls must earnestly strive to accomplish this participation. But no real hope of realizing this can exist unless pas-tors of souls themselves are deeply imbued with the spirit and power of the liturgy and have become masters of it. For this reason, it is absolutely essential that measures should first of all be taken to ensure the liturgical educa-tion of the clergy. Therefore, this Council has passed the following enactments. 15. Professors who are appointed to teach the course in sacred liturgy in seminaries, in religious houses of study, and in theological faculties must be properly trained in their work at institutions that specialize in this area. 16. In seminaries and religious houses of study the course in the sacred liturgy is to be ranked among the compulsory and major courses, while in theological facul-ties it is to be ranked among the principal courses; and it is to be taught under its theological, historical, spiritual, pastoral, and juridical aspects. Furthermore, the profes-sors of other courses, especially those of dogmatic theology, of Sacred Scripture, and of spiritual and pastoral theology, should take care to expound the mystery of Christ and the history of salvation from the viewpoint of their own sub-jects in such a way that the relationship of these courses with the liturgy can be clearly seen as well as the unity that exists in the training of priests. 17. Clerics in seminaries and religious houses should be given a liturgical formation in their spiritual life. This should be done through an adequate introduction that enables them to understand the sacred rites and to par-ticipate in them wholeheartedly and through the actual celebration of the sacred mysteries together with other de-votional practices that are imbued with the spirit of the liturgy. They must likewise learn the observance of the liturgical laws in such a way that life in seminaries and in institutes of religious is profoundly shaped by the liturgi-cal spirit. 18. Priests, both diocesan and religious, who are al-ready working in the Lord's vineyard, are to be helped in every suitable way to achieve a better understanding of what they do when they perform their sacred functions, ÷ ÷ ÷ Liturg~ VOLUME 23, 1964 567 Vatican Council II REVIEW FOR RELIGIOUS to live a liturgical life, and to communicate such a life to the faithful entrusted to them. 19. Pastors of souls must zealously and patiently pro~ mote the liturgical training of the faithful and their ac-tive participation, both internal and external, in accord-ance with their age, condition, type of life, and degree of religious background. In doing this, pastors will be ful-filling one of the chief duties of a faithful dispenser of the mysteries of God. In this matter, moreover, they must lead their flocks not only by their words but also by their ex-ample. 20. Radio and television transmissions of the sacred functions, especially in the case of Mass, are to be done with discretion and dignity under the direction and super-vision of a qualified person appointed by the bishops for that purpose. IlL The Renewal of the Sacred Liturgy 21. In order that in the sacred liturgy the Christian people may more surely derive an abundance of grace, the Church wishes to give careful attention to the general renewal of that liturgy. The liturgy is composed of un-changeable because divinely instituted elements and of other elements that are subject to change. These latter can vary in the course of time and they even should do so if there has crept in among them things that do not fully correspond to the inner nature of the liturgy or that have become less suited to it. In this renewal, both texts and rites should be so ar-ranged that they give a clearer expression to the holy things signified. As far as possible, these holy things should be able to be easily understood by the Christian people and to be taken part in by an active celebration proper to a community. Wherefore, this Council has set up the following general norms. ,4. General Norms 22. § 1. The regulation of the sacred liturgy depends solely on the authority of the Church; that is, on the Apostolic See and, within the limits of the law, on the bishop. § 2. In virtue of a power granted by law, the regulation of liturgical matters within certain defined limits also be-longs ~o the various kinds of competent and legitimately established territorial groupings of bishops. § 3. Therefore, no other person whatsoever, even if he be a priest, may on his own authority add, remove, or change anything in the liturgy. 23. In order that sound tradition be retained while let-ting the way be open to legitimate progress, revision of individual parts of the liturgy should always be preceded by a careful theological, historical, and pastoral investiga-tion. Moreover, consideration should be given both to the general laws of the structure and spirit of the liturgy as well as to the experience derived from recent liturgical reforms and from the indults granted at various times. Finally, innovations should not be introduced unless the genuine and certain good of the Church demands them; moreover, care should be taken that the new forms should in some way grow organically out of the forms now in existence. Insofar as it is possible, care must also be taken that notable differences in rites should not be used in ad-jacent regions. 24. Sacred Scripture is of the greatest importance in the celebration of the liturgy. From it Readings are read which are then explained in the homily; its Psalms are sung; from its influence and inspiration come the liturgi-cal prayers, collects, and hymns; and from it the actions and the signs of the liturgy receive their meaning. Hence, in order to achieve the renewal, progress, and adaptation of the sacred liturgy, there must be fostered that warm and living love of Sacred Scripture which is witnessed to by the venerable traditions of both the Eastern and Western rites. 25. As soon as possible, the liturgical books are to be revised with the help of experts and after consultation with bishops from various parts of the world. B. Norms Derived [rom the Hierarchical and Communitarian Nature o[ the Liturgy 26. Liturgical services are not private functions but celebrations of the Church which is the "sacrament of unity," the holy people united and ordered under the bishops.33 Hence, these services pertain to the whole. Body of the Church, both manifesting and influencing it; they affect individual members of the Church in different ways ac-cording to differences in rank, office, and actual participa-tion. 27. Whenever the rites, in accordance with their spe-cific nature, are compatible with community celebration involving the presence and active participation of the faithful, it should be stressed that such a celebration in-sofar as it is possible is preferable to an individual and quasi-private celebration. This is particularly true for the celebration of Mass (although every Mass is public and social in nature) and for the administration of the sacraments. ~St. Cyprian, De catholicae Ecclesiae unitate, 7, G. Hartel, ed., C.Sa~.L., t. 3.1 (Vienna: 1868), pp. 215-6. See also Epistle 66, n. 8, 3 in the same edition, t. 3.2 (Vienna: 1871), pp. 732-3. ÷ ÷ ÷ Liturgy VOLUME 23, 1964 ,569 ÷ + ÷ Fatican Coundl 11 REVIEW FOR REL~GIOUS 28. In liturgical celebrations each person, whether minister or layman, who has a part to carry out should perform all and only those things which pertain to his function according to the nature of the rite and the liturgi-caJ norms. 29. Servers, readers, commentators, and choir members perform a genuinely liturgical function. Hence, they are to perform their functions with the kind of sincere piety and correctness which befits so important a ministry and which the people of God rightfully expect. Hence, they must be imbued, each in his own way, with the spirit of the liturgy; and they must be trained to carry out their parts in a correct and orderly way. 30. In order to increase active participation, acclama., tions, responses, psalmody, antiphons, and hymns should be encouraged on the part of the people along with bodily actions, movements, and positions. And at its due time, a reverent silence should be observed. 31. In the revision of the liturgical books, care should be taken that the rubrics provide for the parts of the people. 32. In the liturgy, apart from the differences arising from liturgical function and from holy orders and from the honor due to civil authorities according to the norm of liturgical law, no special distinction is to be given in the ceremonies or in the external display to any private person or class of persons. C. Norms Derived [rom the Didactic and Pastoral Nature o[ the Liturgy 33. Although the sacred liturgy is principally the wor-ship of the divine majesty, it also includes a great deal of instruction for the faithful;34 for in the liturgy God speaks to His people and Christ still proclaims His gospel. And the people in turn respond to God in song and prayer. Moreover, the prayers addressed to God by the priest who presides over the assembly in the person of Christ are said in the name of the entire holy people and of all who are present. Finally, the visible signs used by the sacred liturgy to signify invisible divine realities have been chosen by Christ or the Church. Hence, not only when the things are read "which were written for our instruction" (Rom 15:4) but also when the Church prays or sings or acts, the faith of the participants is nourished, and their minds are lifted up to God so that they may give Him their reasonable service and receive His grace in a more abundant way. ~ See the Council of Trent, Twenty-third Session, September 17, 1562, Doctrine on the Sacrifice of the Mass, c. 8; Concilium Tridenti-hum: Diariorum, actorum, epistolarura, tractatuum nova collectio, ed. by the G6rres Society, t. 8 (Freiburg: Herder, 1919), p. 960. Wherefore the following norms are to be observed in the renewal of the liturgy. 34. The rites are to be distinguished by a noble sim-plicity; they should be brief and avoid useless repetitions; they should be within the comprehension of the faithful and, generally speaking, should not need much explana-tion. 35. In order that the intimate relationship between rite and words should be apparent in the liturgy: 1) In sacred services a richer, more varied, and more suitable Reading from Scripture should be brought back. 2) Since it is a part of the liturgical action, a more suit-able place should be given to the sermon as far as the nature of the rite allows; and this should be noted in the rubrics. The ministry of preaching should be responsibly performed with the utmost fidelity. Preaching should be principally derived from the source of Sacred Scripture and the liturgy, since it is a proclamation of the wondrous acts of God in the history of salvation, that mystery of Christ which is always present and operative among us especially in liturgical celebrations. 8) Instruction that is more directly liturgical is to be emphasized as much as possible. And in the rites them-selves, if it is necessary, provision should be made for brief remarks by the priest or the competent minister but only at suitable moments and in prescribed or similar words. 4) On the vigils of the more solemn feasts, on some of the weekdays of Advent and Lent, and on Sundays and feast days, Scripture services are to be encouraged espe-cially in places where there is no priest; in this latter case, a deacon or someone else delegated by the bishop is to direct the service. 36. § 1. The use of the Latin language is to be retained in the Latin rites, exception being made for particular cases provided for by law. § 2. Since, however, in Mass, the administration of the sacraments, and in other parts of the liturgy the use of the vernacular can frequently be of great advantage to the people, a wider use is to be given to it especially in the Readings and the instructional remarks and in some prayers and chants in accord with the norms for the matter to be laid down individually in the following chapters. § 3. These norms being observed, the decision on the use and the extent of the use of the vernacular is a matter for the competent territorial ecclesiastical authority men-tioned in article 22, § 2 after consultation, if the case war-rants it, with the bishops of adjacent regions of the same language; what is done in this matter is to be approved or confirmed by the Apostolic See. § 4. The translation of the Latin texts into the vernacu- + + + Liturgy VOLUME 23~ 1964 ¯ 571 lar for liturgical use must be approved by the competent territorial ecclesiastical authority mentioned above. Vatican Council I1 REVIEW FOR RELIGIOUS D. Some Norms [or Adapting the Liturgy to the Character and Traditions of Peoples 37. Even in the liturgy the Church does not desire to impose a rigid uniformity in matters which do not involve the faith or the welfare of the entire community; rather she respects and fosters the cultural qualities character-istic of various nations and peoples. She studies with sym-pathy and, if she can, preserves intact the things in a people's way of life that are not indissolubly linked to superstition and error; at times she even admits such things into the liturgy provided they fit in with the quali-ties of a genuine and true liturgical spirit. 38. Provided that the substantial unity of the Roman, rite is preserved, provision should be made in the revision of the-liturgical books for legitimate variations and adap-tations to different groups, regions, and peoples, especially in mission territories; this should be kept in mind as the occasion warrants when the structure of the rites and the rubrics thereof are drawn up. 39. Within the limits set down in the normative edi-tions of the liturgical books, it will pertain to the com-petent territorial ecclesiastical authority mentioned in article 22, § 2 to specify adaptations especially with regard to the administration of the sacraments and to sacra-mentals, processions, liturgical language, and sacred music and art, in accord, however, with the basic norms laid down in this Constitution. 40. In some places and circumstances there may be an urgent need for a profounder adaptation of the liturgy which may involve greater difficulties. Wherefore: 1) The competent territorial ecclesiastical authority mentioned in article 22, § 2 should carefully and prudently consider what pertinent elements of the characteristic traditions of individual peoples can be appropriately ad-mitted into divine worship. Adaptations which are judged to be useful or necessary are to be proposed to the Apos-tolic See and introduced with its consent. 2) In order that this adaptation may be done with all the circumspection necessary, the Apostolic See will grant to this same territorial ecclesiastical authority the power, as the case requires, to permit and direct for a determined period of time necessary preliminary experiments among certain groups suitable for that purpose. 3) Since in the matter of adaptation, especially in mis-sion territories, liturgical laws generally involve special difficulties, experts in the matters in question should be used in drawing up such laws. IV. Promotion o] Liturgical Life on the Diocesan and Parish Level 41. The bishop is to be considered as the principal priest of his flock from whom the life in Christ of his faithful is somehow derived and on whom it somehow de-pends. Hence, all should have the greatest esteem for the litur-gical life of the diocese centered around the bishop espe-cially in his cathedral church; they should be convinced that the principal manifestation of the Church is had in the plenary and active participation of the entire holy people of God in these same liturgical celebrations, espe-cially in the same Eucharist in a single prayer at one altar where the bishop presides surrounded by his college of priests and by his ministers.~ 42. Since the bishop cannot always and everywhere preside in person over the entire flock in his church, he is obliged to establish groupings of the faithful; among these groups parishes organized locally under a pastor acting in the place of the bishop hold the preeminent place, for in some way they represent the visible Church as it is con-stituted throughout the world. Hence, the liturgical life of the parish and its relation-ship to the bishop is to be fostered in the thought and practice of laity and clergy; and effort should be made to develop a parish sense of community, especially in the common celebration of Sunday Mass. V. Promotion of Pastoral Liturgical Action 43. Eagerness for the promotion and renewal of the sacred liturgy is rightly regarded as a sign o1~ the provi-dential plans of God for our age, as a movement of the Holy Spirit in His Church; it is a distinguishing mark that characterizes the life of the Church as well as the general religious mood in which our times think and act. Accordingly, to give greater encouragement to this pastoral liturgical action, the Council decrees the follow-ing. 44. It is desirable that the competent territorial ec-clesiastical authority mentioned in article 22, § 2 set up a liturgical commission to be assisted by experts in liturgy, music, sacred art, and pastoral practice. As far as it is possible, this commission should be aided by some kind of institute of pastoral liturgy composed of members eminent in these matters, and not excluding laymen if circum-stances warrant. Under the leadership of the territorial ecclesiastical authority mentioned above, it will be the ~ See St. Ignatius of Antioch, Ad Magnesianos, 7; Ad Philadelphe-nos, 4; ,4d Smyrnaeos, 8; Patres apostolici, F. X. Funk, ed. (Tiibingen: H. Laupp, 1901), v. 1, pp. 236, 266, 281. ÷ ÷ ÷ Liturgy VOLUME 23, 1964 Vatican Council H REVIEW FOR RELIGIOUS duty of this commission to regulate pastoral liturgical action in its territory and to promote the research and the necessary experimentations whenever there is question of adaptations to be proposed to the Apostolic See. 45. In the same way there should be had in each dio-cese a commission of sacred liturgy to promote liturgical action under the direction of the bishop. At times it may be expedient for several dioceses to set: up a single commission to foster liturgical matters by com-mon consultation. 46. In addition to the commission on sacred liturgy, each diocese should also set up, as far as possible, a com-mission on sacred music and one on sacred art. It is necessary that these three commissions work to-gether in close collaboration; indeed it will frequently be best to join the three into a single commission. CHAPTER II THE SACRED MYSTERY OF THE EUCHARIST 47. At the Last Supper on the night He was betrayed, our Savior instituted the Eucharistic Sacrifice of His Body and Blood by which He perpetuated the sacrifice of the cross throughout the ages until He should come again; thereby He entrusted to the Church, His dearly beloved Bride, a memorial of His death and resurrection: a sacra-ment of holiness, a sign of unity, a bond of charity,3e a paschal banquet in which Christ is consumed, the mind is filled with grace, and a pledge of future glory is given to us.aT 48. Accordingly, the Church is greatly concerned that the faithful should not be present at this mystery of faith as though they were strangers or mute onlookers; rather, she desires that through a good understanding of the rites and prayers, they take an intelligent, devout, and active part in the sacred action. She wants them to be instructed by the word of God and nourished at the table of the Lord's Body. Her wish is that they give thanks to God and that they learn to offer themselves by offering the spotless Victim not only through the hands of the priest but also together with him. She wishes that through Christ the Mediatoras they should day by day be perfected in union with God and among themselves so that finally God may be all in all. 49. Having in mind the Masses celebrated in the pres-ence of the people especially on Sundays and holydays of ~ See St. Augustine, In loannis evangelium tractatus, XXVI, c. 6, n. 13; P.L., v. 35, col. 1613. ~ Roman Breviary, Magnificat Antiphon of Second Vespers of Corpus Christi. ~ See St. Cyril of Alexandria, Commentarium in Ioannis evan-gelium, bk. 11, cc. 11-2; P.G., v. 74, col. 557--64. obligation, the Council has enacted the following decrees in order that the Sacrifice of the Mass may attain its full pastoral efficacy even in the form of its ceremonies. 50. The Mass rite is to be revised in such a way that there will be a clearer manifestation of the characteristic nature of its individual parts as well as of their mutual relationship so that a devout and active participation of the faithful will be made easier. Therefore, the ceremonies are to be made simpler, though their substance is to be carefully preserved; parts which have been duplicated in the course of time or were added to no great advantage are to be omitted; and, to the extent that it seems useful or necessary, there should be a restoration in accord with the ancient norms of the holy fathers of elements which fell into disuse through accidents of history. 51. In order that the table of the word of God be spread more plentifully for the faithful, the treasures of the Bible are to be opened up more fully so that during a pre-scribed number of years the more important parts of the Sacred Scriptures are read to the people. 52. Since it is a part of the liturgy, there should be great esteem for the homily by which in the course of the liturgi-cal year the mysteries of faith and the norms of Christian life are expounded from the sacred text. In fact, at con-gregational Masses on Sundays and holydays of obligation, the homily is not to be omitted except for a serious reason. 53. The "common prayer" or the "prayer of the faith-ful" is to be restored after the Gospel and homily, espe-cially on Sundays and holydays of obligation. In this way petitions in which the faithful participate will be made for the Church, for civil authorities, for those oppressed by various needs, and for all men and the salvation of the entire world,ao 54. In Masses celebrated with the people a fitting place should be found for the vernacular, especially in the Readings and the "common prayer" and also, as local conditions allow, for those parts which pertain to the people in accordance with the norm of article 36 of this Constitution. Nevertheless, measures should be taken to see to it that the faithful are able to say or sing together in Latin those parts of the Ordinary of the Mass which pertain to them. Wherever a greater use of the vernacular seems to be de-sirable, the prescription of article 40 of this Constitution is to be observed. 55. High esteem should be given to that more complete participation in the Mass by which the faithful, after the priest's Communion, receive the Lord's Body from the same sacrifice. "See 1 Tim 2:1-2. ÷ + ÷ Liturgy VOLUME 23, 1964 Though the dogmatic principles enunciated by the Council of Trent remain intact,40 Communion under both species can be given to clerics, religious, and lay people in cases to be specified by the Apostolic See and when the bishops judge it wise. Examples of such cases are: To the ordained at the Mass of their ordination; to the professed at the Mass of their religious profession; to the newly baptized at the Mass which follows their baptism. 56. The two parts of which the Mass in a sense is com-posed, namely, the liturgy of the word and the Eucharistic liturgy, are so closely interrelated that they form but a single act of worship. Hence, this Synod strongly urges pastors of souls, when giving instructions, to be zealous in teaching the faithful to take their part in the entire Mass especially on Sundays and holydays of obligation. 57. § 1. Concelebration, by which the unity of the priest-hood is appropriately manifested, has remained in use even up to the present time in both the East and the West. Hence, the Council has decided to extend the permission to concelebrate to the following cases: 1 ° a) On the Thursday of the Lord's Supper both at the Mass of Chrism and at the evening Mass; b) at Masses during councils, bishops' conferences, and synods; c) at the Mass for the blessing of an abbot. 2° Also, with the permission of the ordinary to whom it belongs to judge of the opportuneness of concelebra-tion: a) at conventual Mass and at the principal Mass in churches when the welfare of the faithful does not require the individual celebration of all the priests present; b) at Masses during any kind of meetings of priests, whether diocesan or regular. § 2, 1 ° It belongs to the bishop to regulate in his diocese the discipline of concelebration. 2° But each priest will always retain his right to cele-brate his Mass individually, but not at the same time and in the same church [of concelebration] nor on the Thurs-day of the Lord's Supper. 58. A new rite for concelebration is to be composed and inserted in the Pontifical and the Roman Missal. CHAPTER Ill THE OTHER SACRAMENTS AND THE ++ SACRAMENTALS ÷ 59. The purpose of the sacraments is to make men holy, to build up the Body of Christ, and finally to give worship Vatican Council REVIEW FOR RELIGIOUS 576 '*Twenty-first Session, July 16, 1562, Doctrine on Communion under Both Species and on the Communion of Children, cc. 1-3; Conciliura Tridentinum: Diariorum, actorum, epistolarum, tracta-tuum nova collectio, ed. by the G6rres Society, t. 8 (Freiburg: Herder, 1919), pp. 698-9. to God; and because they are signs they also give instruc-tion. They not only presuppose faith, but by words and objects they also nourish, strengthen, and express it; hence, they are called sacraments of faith. They confer grace; but in addition the act of celebrating them very effectively disposes the faithful to receive that grace in a fruitful way, to worship God properly, and to practice charity. Hence, it is of the greatest importance that the faithful easily understand the sacramental signs and that they should frequent with the greatest eagerness those sacra-ments which were instituted to nourish the Christian life. 60. The Church, moreover, has instituted sacramentals. These are sacred signs having some resemblance to the sacraments by which effects, especially those of a spiritual nature, are signified and obtained through the Church's impetration. Through the sacramentals men are disposed to receive the chief effect of the sacraments, and the vari-ous occasions of life are sanctified. 61. Accordingly, in the case of the faithful who are well disposed, the liturgy of the sacraments and of the sacra-mentals brings it about that almost every event in life is made holy by the grace flowing from the paschal mystery of the passion, death, and resurrection of Christ from whom all the sacraments and the sacramentals derive their power; and there is scarcely no proper use of material things which cannot be directed to the purpose of making men holy and of praising God. 62. In the course of time, however, some things have crept into the rites of the sacraments and of the sacra-mentals by which their nature and purpose are obscured for our times. Hence, it is necessary that some things in them be accommodated to the needs of our age. Accord-ingly, the Council makes the following decrees with regard to their revision. 63. Since it can frequently be very advantageous to use the vernacular in the administration of the sacraments and of the sacramentals, a greater place should be allowed for this in accord with the following norms: a) In the administration o1: the sacraments and of the sacramentals, the vernacular can be used in accord with the norm of article 36. b) As soon as possible, the competent territorial ec-clesiastical authority mentioned in article 22, § 2 should prepare local rituals in accord with the new edition of the Roman Ritual but adapted to the needs of individual re-gions, including language needs; when these have been examined by the Apostolic See, they are to be used in the regions for which they were prepared. In composing these rituals or special collections of rites, there should not be omitted the instructions given in the Roman Ritual at Liturgy VOLUME 2~ 1964 ÷ ÷ ÷ Vatican Council II REVIEW FOR RELIGIOUS the beginning of each rite, whether these be pastoral and rubrical or whether they have a special social import. 64. The catechumenate for adults divided into several distinct steps is to be restored and put into use at the dis-cretion of the local ordinary; in this way, the period of the catechumenate intended as it is to secure proper instruc-tion can be sanctified by sacred rites performed at succes-sive times. 65. In mission territories, to the elements contained in the Christian tradition there may also be added the initia-tion elements in use among each people to the extent that these can be adapted to the Christian rite and are in ac-cord with articles 37-40 of this Constitution. 66. Both rites for the baptism of adults are to be re-vised, not only the simpler one but also the more solemn one because of the restoration of the catechumenate; and a special Mass "For the Conferring of Baptism" is to be inserted in the Roman Missal. 67. The rite for the baptism of infants is to be revised and adapted to the actual condition of infants; the parts of the parents and of the godparents as well as their duties are to be brought out more clearly in the rite itself. 68. In the rite of baptism there should be included adaptations to be used at the discretion of the local ordi-nary when there is a large number to be baptized. There should also be drawn up a shorter Ordo which, in the absence of a priest or a deacon, can be used by catechists, especially in mission territories, and by the faithful gen-eraIIy when there is danger of death. 69. In place of the rite which is called the "Way of Supplying What Was Omitted in the Baptism of an In-fant," a new one should be made in which it is more clearly and suitably indicated that an infant baptized with the short rite has already been admitted into the Church. Similarly, for the case of converts to Catholicism who have already been validly baptized, there should be drawn up a new rite in which it is indicated that they are being admitted to communion with the Church. 70. Outside of paschal time, baptismal water can be blessed in the very rite of baptism by an approved, shorter form. 71. The rite of confirmation is also to be revised so that the intimate relationship of this sacrament with the whole of Christian initiation may appear in a clearer light; ac-cordingly, the renewal of the baptismal promises should fittingly precede the reception of this sacrament. When convenient, confirmation can be conferred during Mass; with regard to the rite outside of Mass, there should be prepared a formula to serve as an introduction. 72. The rite and formulas of penance should be re- vised in such a way that they bring out more clearly the nature and effect of the sacrament. 73. "Extreme unction," which may also and more fit-tingly be called the "anointing of the sick," is not a sacra-ment intended only for those who are at the point of death; hence, the appropriate time for receiving it is al-ready certainly present when anyone of the faithful begins to be in danger of death from sickness or old age. 74. In addition to separate rites for the anointing of the sick and for Viaticum, there should be drawn up a con-tinuous rite in which the anointing is given after confes-sion and before the reception of Viaticum. 75. The number of anointings should be accommo-dated to the occasion; and the prayers belonging to the rite of the anointing of the sick should be revised in such a way that they correspond to the varying conditions of the sick persons who receive the sacrament. 76. Both the ceremonies and the texts of the ordination rites are to be revised. The addresses given by the bishop at the beginning of each ordination or consecration can be made in the vernacular. At the consecration of a bishop the imposition of hands may be done by all the bishops present. 77. The rite for celebrating matrimony as it presently exists in the Roman .Ritual is to be revised and enriched so that the grace of the sacrament is more clearly indicated and the duties of the couple emphasized. "If any regions use other praiseworthy customs and ceremonies in the celebration of the sacrament of matri-mony, this Synod earnestly desires that they be re-tained." 41 Moreover, the competent territorial ecclesiastical au-thority mentioned in article 22, § 2 of this Constitution is free, in accord with the norm of article 63, to compose its own rite adapted to the usages of places and peoples; but the law should remain intact that the assisting priest should ask and obtain the consent of the contracting par-ties. 78. As a rule matrimony is to be celebrated during Mass after the reading of the Gospel and the homily but before the "prayer of the faithful." The prayer for the bride, which should be suitably amended to stress the equal obligation that both spouses have of mutual fidelity, can be said in the vernacular. If, however, the sacrament of matrimony is celebrated outside of Mass, the Epistle and the Gospel of the nuptial ,x Council of Trent, Twenty-fourth Session, November 11, 1563, On Reform, c. 1; Concilium Tridentinum: Diariorum, actorum, episto-larum, tractatuum nova collectio, ed. by the Gbrres Society, t. 9 (Frei-burg: Herder, 1924), p. 969. See also Rituale Romanum, tit. VIII, c. II, n. 6. Liturgy VOLUME 2.~, 1964 579 + ÷ ÷ Vatican Council 11 REVIEW FOR RELIGIOUS 580 Mass are to be read at the beginning of the rite; and the blessing is always to be given to the spouses. 79. The sacramentals are to be revised, regard being had for the primary norm of an intelligent, active, and easy participation of the faithful and for the needs of our time. In the revision of rituals in accord with the norm of article 63, there may also be added new sacramentals as necessity may require. Reserved blessings should be very few in number and be made only in favoi- of bishops and ordinaries. Provision should be made that some sacramentals at least in special circumstances and at the discretion of the ordinary can be administered by qualified lay persons. 80. The rite of the consecration of virgins contained in the Roman Pontifical should be subjected to revision. Moreover, a rite for religious profession and for renewal of vows should be drawn up in order to achieve greater unity, moderation, and dignity; apart from any exception granted by particular law, this rite is to be used by those who make their profession or renewal of vows during Mass. Religious profession will laudably be made during Mass. 81. Funeral rites should give a clearer expression to the paschal quality of Christian death; they should also be better adapted---even from the viewpoint of the liturgical color used--to the circumstances and traditions of indi-vidual regions. 82. The rite for the burial of infants is to be revised and given a special Mass of its own. CHAPTER IV THE DIVINE OFFICE 83. When Christ Jesus, the High Priest of the new and eternal covenant, assumed human nature, He introduced into this earthly exile that hymn which is sung in the heavenly dwelling places throughout all the ages. By joining to Himself the entire human community, He as-sociates it with Himself in the singing of this divine song of praise. He continues this priestly work through His Church which ceaselessly praises the Lord and intercedes for the salvation of the entire world not only by celebrating the Eucharist but also in other ways, especially by praying the Divine Office. 84. As is known from ancient Christian tradition, the Divine Office is so arranged that the entire course of day and night is made holy by the praise of God. When this wonderful .song of praise is fittingly performed by priests and other persons deputed for this purpose by the Church's enactment or by the faithful praying together with the priest according to the approved form, then it is truly the voice of the Bride speaking to her Spouse; what is more, it is the prayer o[ Christ with His Body to the Father. 85. Hence, all those who carry out this work are [ul-filling a duty of the Church and share in the highest honor of the Bride of Christ, because as they offer these praises to God they stand before His throne in the name of the Church. 86. Priests engaged in the pastoral ministry will offer the praises of the Hours with greater [ervor i[ they have a more vivd realization that they must heed the warning of Paul: "Pray without ceasing" (1 Th 5:17); the work in which they are engaged is such that effectiveness and pro-ductiveness can be given it only by the Lord who said: "Without me you can do nothing" (Jn 15:5). It was for this reason that the Apostles, when instituting the deacons, said: "We shall devote ourselves completely to prayer and the ministry of the word" (Acts 6:4). 87. In order that the Divine Office be better and more per[ectly per[ormed by priests and other members of the Church, this Council, continuing the renewal so happily begun by the Apostolic See, has made the following decrees with regard to the Office of the Roman rite. 88. Since the purpose of the Office is to sanctify the day, the traditional sequence of the Hours is to be restored in such a way that as far as possible an actual time of day corresponds to the Hours; at the same time account must be taken of the circumstances of modern life which espe-cially affect those engaged in apostolic work. 89. Hence in the renewal of the Office, the following norms are to be observed: a) Since, according to the venerable tradition of the entire Church, Lauds, the prayer of morning, and Vespers, the prayer of evening, constitute the two hinges o[ the daily Otfice, they are to be regarded and celebrated as the principal Hours; b) Compline is to be so composed that it fits in with the end of the day; c) Matins, although in choir it is to retain the char-acter of night praise, is to be so adapted that it can be recited at any hour of the day; and it is to consist of fewer Psalms and longer Readings; d) The Hour of Prime is to be suppressed. e) In choir the Little Hours of Terce, Sext, and None are to be retained. Outside of choir it is permitted to choose the one of the three which best corresponds to the time o[ the day. 90. Furthermore, since the Divine Office as the public prayer of the Church is a source of holiness and a nourish-ment for personal prayer, priests and all others who take part in the Divine Office are earnestly exhorted in the Lord to attune their minds to the words they utter when ÷ ÷ ÷ Liturgy VOLUME 23, 1964 581 4. 4. 4. Vatican Council I1 REVIEW FOR RELIGIOUS ~8~ performing it; to achieve this in a better way, they should secure for themselves a better background in the liturgy and the Bible, especially the Psalms. In continuing this renewal, the venerable treasures of the Roman Office are to be so adapted that those to whom it is entrusted can more easily draw greater profit from it. 91. In order that the sequence of Hours mentioned in article 89 can really be observed, the Psalms should no longer be spread throughout a single week but over a longer period of time. The work of revising the Psalter, already happily begun, should be finished as soon as possible and should take into account the style of Christian Latin, the liturgical use of the Psalms (chant included), and the entire tradition of the Latin Church. 92. The following are to be observed with regard to the Readings: a) Readings from Sacred Scripture are to be so ar-ranged that the riches of the divine word may be easily accessible in a more abundant way; b) Readings to be taken from the works of the fathers, doctors, and ecclesiastical writers should be better selected; c) Accounts of martyrdom and the lives of the saints are to be in accord with historical fact. 93. As far as it is useful, the hymns should be restored to their original form; and whatever savors of mythology or is unsuited to Christian attitudes should be removed. As occasion offers, other selections may be made from the treasury of hymns. 94. In order that the day may be truly sanctified and that the Hours themselves be recited to spiritual advan-tage, it is preferable that the Hours be recited at the time which best corresponds to each canonical Hour. 95. Communities obliged to choir, in addition to the conventual Mass, are bound to celebrate the Office each day in choir. In particular: a) Orders of canons, monks and nuns, and of other regulars bound to choir by law or by their constitutions must recite the entire Office; b) Cathedral or collegiate chapters must recite those parts to which they are bound by general or particular law; c) All members of the above communities who are either in major orders or solemnly professed (with the ex-ception of lay brothers) are bound to recite individually those canonical Hours which they do not pray in choir. 96. Clerics in major orders who are not bound to choir are obliged to recite the Office daily either in common or individually according to the norm of article 89. 97. The rubrics should specify those times when a litur-gical service may be fittingly substituted for the Divine Office. In individual cases and for a good reason, ordinaries can dispense their subjects, wholly or in part, from the obligation of reciting the Office or they can commute it. 98. Members of any institute of the state of perfection who recite any part of the Divine Office by reason of their constitutions are performing the public prayer of the Church. The public prayer of the Church is likewise performed by those who by reason of their constitutions recite any Short Office provided it is composed after the pattern of the Divine Office and has been duly approved. 99. Since the Divine Office is the voice of the Church, that is, of the whole Mystical Body, as it publicly praises God, it is recommended that clerics not bound to choir and especially priests who live together or when meeting together should pray in common at least some part of the Divine Office. All who pray the Office either in choir or in common should perform the task entrusted to them as perfectly as possible with regard both to internal devotion of soul and to their external way of acting. Moreover, it is better that the Office when done in choir or in common be sung, according to the possibility o~ the occasion. 100. Pastors of souls are to see toit that the principal Hours, especially Vespers, are celebrated in common in churches on Sundays and the more solemn feast days. It is recommended that lay persons also recite the Divine Office, either with priests or in common by themselves or individually. 101. § 1. According to the age-long tradition of the Latin rite, the Latin language is to be retained by clerics in the Divine Office. But power is given to the ordinary to allow in individual cases the use of a vernacular trans-lation (made according to the norm 6f article 36) to those clerics [or whom the use of the Latin language is a serious hindrance to a worthy praying o[ the Office. § 2. In the celebration of the Divine Office even in choir, nuns and members (whether non-clerical or women) of institutes of the states of perfection can be granted by the competent superior the use of the vernacular provided that the translation is an approved one. § 3. Provided that the translation is an approved one, any cleric bound to the Divine Office fulfills his obligation if he recites it in the vernacular with a group of the faith-ful or with those mentioned directly above in § 2. + ÷ ÷ Liturgy VOLUME 23, 1964 583 + + Vatican Council H REVIEW FOR RELIGIOUS CHAPTER V THE LITURGICAL YEAR 102. The Church regards it as her duty to celebrate the saving work of her divine Spouse by devoutly recalling it on certain days throughout the year. Each week on the day she has called the Lord's Day, she keeps the memory of the Lord's Resurrection which, together with His Pas-sion, she also celebrates once a year by the great solemnity of Easter. Moreover, during the cycle of the year she unfolds the entire mystery of Christ from His incarnation and birth to His ascension and the day of Pentecost and to the awaited day of fulfilled hope and of the coming of the Lord. By thus recalling the mysteries of the redemption, she opens up to the faithful the riches of her Lord's power and merits. In some way they thus become present at all times, and the faithful, by contact with them, are filled with grace. 103. In this annual cycle of the mysteries of Christ, the Church gives special honor and love to Blessed Mary, the Mother of God, who is joined by an inseparable bond to the saving work of her Son; in her the Church admires and extols the surpassing fruit of the redemption and joyfully contemplates, as in a faultless image, what she herself de-sires and hopes wholly to be. 10a,. In the annual cycle the Church has also inserted commemorations of the martyrs and of other saints who, having been brought to perfection by the multiform grace of God, have already reached everlasting salvation in heaven where they hymn the perfect praise of God and intercede for us. In celebrating the entrance of the saints into eternal salvation, the Church proclaims the paschal mystery as it is achieved in these holy persons who have suffered and been glorified with Christ. She proposes the saints to the faithful as examples who draw all men to come to the .Father through Christ, and through their merits she pleads for God's benefits. 105. Finally, during the different times of the year ac-cording to her traditional discipline, the Church com-pletes the formation of the faithful by means of pious practices for both soul and body and by instruction, prayer, and works of penance and mercy. Wherefore, this Council has decided to make the follow-ing decrees. 106. By an apostolic tradition that took its origin from the very day of the Resurrection of Christ, the paschal mystery is celebrated by the Church on every eighth day. This day is rightly called the Lord's Day or Sunday; for on it the faithful should come together in a body to hear the word of God, to share in the Eucharist, to recall the passion, resurrection, and glory of the Lord Jesus, and to give thanks to God by whom they have been "born again into a life of real hope through the resurrection of Jesus Christ from the dead" (1 Pt 1:3). Hence, Sunday is the original feast day which is to be proposed and emphasized to the faithful in such a way that it may become in reality a day of joy and of freedom from work. Other celebrations, unless they truly be of the greatest importance, are not to have precedence over Sunday, for the latter is the founda-tion and center core of the entire liturgical year. 107. The liturgical year is to be revised so that the tra-ditional customs and discipline of the sacred seasons are preserved or restored in accord with the conditions of our times. Their characteristic quality is to be retained in or-der to give the proper nourishment to the piety of the faithful as they celebrate the mysteries of the Christian redemption, especially the paschal mystery. In cases where adaptations are needed because of local conditions, these should be made according to the norm given in articles 39 and 40. 108. The minds of the faithful should be directed pri-marily to the feast days of our Lord in which the mysteries of salvation are celebrated throughout the year. Accord-ingly, the Proper of the Time is to retain its rightful prece-dence over the feasts of the saints so that the entire cycle of the mysteries of salvation may be duly recalled. 109. Both in the liturgy and in liturgical instructions, greater consideration is to be given to the twofold nature of the season of Lent which, by recalling or preparing for baptism and by penance, disposes the faithful for the cele-bration of the paschal mystery by having them devote themselves more earnestly to the hearing of the word of God to prayer. Accordingly: a) The characteristic baptismal elements of the Lenten liturgy are to be used to a greater degree; certain of these which come from an earlier tradition are to be restored as may seem good. b) The same thing is true with regard to the peni-tential elements. In instructions, besides pointing out the social consequences of sin, there is to be impressed on the minds of the faithful the proper nature of penance which detests sin as an offense against God; the place of the Church in penitential activity is not to be neglected, and prayer for sinners should be insisted on. 110. The penance of the season of Lent should not only be internal and individual but also external and social. The authorities mentioned in article 22 should encourage and recommend penitential practices in accord with what is possible in our times and in different regions and with the circumstances of the faithful. But the paschal fast is to be kept sacred and is to be ÷ ÷ ÷ Liturgy VOLUME 23, 1964 585 ÷ ÷ ÷ Vatican Council II REVIEW FOR RELIGIOUS 586 celebrated everywhere on Good Friday and extended, where possible, to Holy Saturday so that the joys of Easter Sunday may be attained with an uplifted and clear mind. 111. According to the tradition in the Church the saints are honored and their authentic relics and images are held in veneration. The feasts of the saints proclaim the wonderful works of Christ in His servants, and they pro-vide the faithful with fitting examples for imitation. Lest the feasts of saints take precedence over the feasts which recall the mysteries of salvation, many of them should be left to be celebrated by individual churches, nations, or religious families; and only those feasts should be extended to the entire Church which commemorate saints who can truly be said to be of universal importance. CHAPTER VI SACRED MUSIC 112. The musical tradition of the universal Church con-stitutes a precious treasure which is greater than the ex-pressions of the other arts chiefly because sacred song, since it is joined to words, forms a necessary or integral part of the solemn liturgy. Indeed, the greatness of sacred song has been praised by Sacred Scripture42 and by the holy fathers and the Roman Pontiffs who in recent times, beginning with Pius X, have clearly explained the functional role of sacred music in the service of the Lord. Accordingly, the holier will sacred music be, the more closely it is linked with lit.urgical action, whether by adding delight to prayer or by fostering unity of minds or by enriching the sacred rites with a greater solemnity. Moreover, the Church approves all forms of true art which have the required qualities and admits them into divine worship. Hence, keeping in mind the norms and precepts of ec-clesiastical tradition and discipline and considering the purpose of sacred music which is the glory of God and the sanctification of men, this Council has made the following enactments. ll3. Liturgical action receives a nobler form when the divine functions are solemnly celebrated with song and with the assistance of sacred ministers and the active par-ticipation of the faithful. With regard to the language to be used, the provisions of article 36 are to be observed; with regard to Mass, those of article 54; with regard to the sacraments, those of article 63; and with regard to the Divine Office, those of article 101. 114. Great care is to be taken to guard and increase the 4-"See Eph 5:19; Col 3:16. riches of sacred music. Choirs should be tirelessly pro-moted, especially in cathedral churches. Bishops and other pastors of souls should zealously see to it that when a sacred action is to be performed with song the entire con-gregation of the faithful is able to contribute their proper active participation in accord with the norm of articles 28 and 30. 115. Great importance is to be attached to the teaching and practice of music in seminaries, in novitiates and houses of studies of both men and women religious, as well as in other Catholic institutions and schools; to achieve this formation, the teachers in charge of teaching sacred music are to be carefully trained. It is recommended that higher institutes for sacred mu-sic be established as the opportunity offers. Composers and singers, especially boys, are also to be given a truly liturgical formation. llfi. The Church recognizes Gregorian chant as spe-cially suited to the Roman liturgy; accordingly, other things being equal, it should be given the principal place in liturgical ceremonies. However, other kinds of sacred music, especially polyph-ony, are in no way excluded from the celebration of the divine functions so long as they are in harmony with the spirit of liturgical action according to the norm given in article 30. 117. The normative edition of the books of Gregorian chant is to be completed; moreover, there should be pre-pared more critical editions of the books already published since the restoration of St. Pius X. It is also desirable that an edition be prepared consisting of simpler melodies for use in smaller churches. 118. Religious singing by the people is to be encouraged in an intelligent way so that the voices of the faithful can ring out in sacred and devotional services as well as in liturgical actions according to the norms and precepts of the rubrics. 119. Since in certain regions, especially in mission terri-tory, there are people who have their own characteristic musical tradition which is of greatlimportance in their re-ligious and social life, due esteerri is to be given to this musac and a statable place ,s to be g, ven to ~t both m shap-ing their religious outlook as welllas in adapting worship to their native genius as indicatedl!n articles 39 and 40. Hence, diligent care should be t.aken in the musical for-mation of missionaries so that, as far as possible, they will be able to foster the traditions of music of their people both in the schools and in the sacred services. 120. In the Latin church the pipe organ is to be held in high esteem as the traditional musical instrument, the music of which is able to add notable distinction to the Liturffy VOLUME ~87 Vatican Council H REVIEW FOR RELIGIOUS Church's ser¢ices and to be a powerful means of raising men's minds to God and higher things. But at the discretion and consent of the competent ter-ritorial authority as stipulated in articles 22, § 2; 37; and 40, others instruments may be permitted in divine worship insofar as they are or can be made suitable for sacred use, are in harmony with the dignity of churches, and really contribute to the edification of the faithful. 121. Musical composers who are imbued with the Christian spirit should regard themselves as called to cul-tivate sacred music and to increase its riches. They should, however, produce compositions which have the qualities of genuine sacred music, which can be sung not only by large choirs but also by smaller ones, and which encourage the active participation of the whole con-gregation of the faithful. The texts intended to be sung are to be conformed to Catholic doctrine and for the most part are to be drawn from Sacred Scripture and from liturgical sources. CHAPTER. VII SACRED ART AND SACRED FURNISHINGS 122. The fine arts are rightly ranked among the noblest activities of human genius; this is especially true with re-gard to religious art and its highest form which is sacred art. These arts of their nature are directed to the infinite divine beauty to he expressed in some way by human works. They are the more closely bound to God and His praise and glory to the extent that their only intent is to achieve the aim of helping men to turn thir minds de-voutly to God. Accordingly, the Church has always been a friend of the fine arts; she has consistently sought their noble service and has trained artists for the special objective that the things pertaining to divine worship, as signs and symbols of supernatural realities, might be truly worthy, becoming, and beautiful. Moreover, the Church has always regarded herself as a judge of the arts, discerning among the works of artists those which were in harmony with faith, devo-tion, and traditional religious norms and were to be con-sidered as suitable for sacred use. The Church has been particularly careful that the sacred furnishings should serve the dignity of worship in a worthy and beautiful way. She has admitted the changes in material, style, and ornamentation which were intro-duced in the course of time by the progress of technical art. Hence it has pleased the fathers to make the following decrees concerning these matters. 123. The Church has not regarded any one style of art as peculiarly its one, but has admitted the styles of all ages according to the natural talents and circumstances of peoples and the needs of various rites; and thus she has created through the course of centuries a treasury of art which must be preserved with great care. The art of our times and of all peoples is also to have free exercise in the Church on condition that it provides the sacred buildings and ceremonies with due reverence and honor. In this way it will be able to add its voice to that admirable chorus of praise sung in honor of the Catholic faith by great men of past ages. 124. Ordinaries should take care that in their fostering and encouragement of a truly sacred art, they seek for noble beauty rather than for sumptuous display. This also holds true with regard to sacred vestments and ornaments. Bishops should take care that the house of God and other holy places are kept free from the works of artists which are contrary to Christian faith, morality, and devo-tion and which offend the religious sense either because of their .depraved forms or because of the insufficiency, me-diocrity, or pretence of their art. When churches are built, diligent care should be taken that they are suitable for the celebration of the liturgical ceremonies and for the active participation of the faithful. 125. The practice should be maintained of placing sa-cred images in churches for the veneration of the faithful; nevertheless, their number should be moderate and they should be positioned in a fitting order so that they do not disturb the faithful nor foster devotion of doubtful ortho-doxy. 126. In judging works of art, local ordinaries should hear the opinion of the diocesan commission for sacred art and, if necessary, that of others who are experts as well as that of the commissions mentioned in articles 44, 45, and 46. Ordinaries should be vigilant to see that the sacred fur-nishings and valuable pieces of work are not alienated or destroyed, for they are the ornaments of the house ol~ God. 127. Bishops, either personally or through suitable priests gifted with a knowledge and love of art, should see to it that artists are imbued with the spirit of sacred art and of the sacred liturgy. It is also recommended that schools or academies of sacred art for the training of artists be established in those regions where it seems practical. All artists who, prompted by their talents, wish to serve the glory of God in the Church should always remember that they are engaged in a kind of sacred imitation of God the Creator for the edification of the faithful, for their piety, and for their religious formation. 128. Along with the revision of the liturgical books ÷ ÷ ÷ Liturgy VOLUME 23, 1964 589 Vatican Council H REVIEW FOR RELIGIOUS ~90 mentioned in article 25, there should also be, as soon as possible, a revision of the canons and ecclesiastical statutes concerned with the external things pertaining to sacred worship, especially those which treat of the fitting and well-pl.anned construction of churches; the form and con-struction of altars; the dignity, placement, and safety of the Eucharistic tabernacle; and the suitability of sacred images, embellishments, and decorations. Whatever fits in less well with the liturgical renewal should be amended or abolished; whatever favors it should be retained or intro-duced. In this matter, especially with regard to the material and form of sacred furnishings and vestments, power is given to territorial conferences of bishops in accord with the norm of article 22 of this Constitution to adapt matters to local necessities and customs. 129. During their philosophical and theological studies clerics are to be given training in the history and evolu-tion of sacred art as well as in the sound principles on which works of sacred art should be based; in this way they will be able to appreciate and preserve the Church's venerable monuments and to give advice to artists who are producing works of art. 130. It is fitting that the use of pontificals be reserved to those ecclesiastics who have episcopal rank or have some special jurisdiction. APPENDIX DECLARATION OF THE SECOND VATICAN COUNCIL ON CALENDAR REFORM This, the Second Vatican Council, recognizing the im-portance of the desire that many have to assign the feast of Easter to a fixed Sunday and to have an unchanging calendar, has carefully considered the results which could follow from the introduction of a new calendar and now makes the following declaration: 1. This Council is not opposed to assigning the feast of Easter to a fixed Sunday of the Gregorian calendar pro-vided those whom it concerns give their assent, especially the brethren who are not in communion with the Apos-tolic See. 2. This Council likewise declares that it does not oppose the projects directed toward introducing a perpetual cal-endar into civil society. However, of the various systems which are being elabo-rated for the establishment of a perpetual calendar and its introduction into civil society, only those are unop-posed by the Church which retain and safeguard a seven-day week with Sunday and without the introduction of any days outside the week so that the succession of weeks is kept intact, unless in the judgment of the Apostolic See there are extremely weighty reasons to the contrary. Each and every one ol the matters contained in this Con-stitution was decided by the lathers of this Council. And We, by the apostolic power given to Us by Christ, together with the venerable fathers, approve in the Holy Spirit, decree, enact, and order to be promulgated what has been decided in this Synod for the glory of God. Given at St. Peter's on December 4, 1963. 4- 4- 4- Liturgy VOLUME 23~ 1964 591 PAUL VI .Concerning the Constitu-, tion on the Liturgy ÷ ÷ ÷ Paul VI REVIEW FOR RELIGIOUS 592 APOSTOLIC LETTER GIVEN ON OUR OWN INITIATIVE DECREEING THAT CERTAIN PRESCRIPTIONS OF THE CONSTI-TUTION ON THE SACRED LITURGY APPROVED BY THE SECOND VATICAN COUNCIL SHOULD BEGIN TO TAKE EFFECT. The* sacred liturgy and its diligent preservation, pro-motion, and, when necessary, renewal have always been a matter of great concern to the supreme pontiffs who have been Our predecessors, to Ourselves, and to the pastors of the Church. This is shown both by the great number of well-known documents that have already been published and by the Constitution on the matter which was unani-mously approved by the Second Vatican Council in a sol-emn session held on December 4 of the previous year and which We have ordered to be promulgated. This concern for the liturgy flows from this considera-tion: "In the liturgy of this earth we share in a foretaste of' that heavenly liturgy which is celebrated in the holy city of Jerusalem towards which we pilgrims are journeying and where Christ sits at the right hand of God as the minister of the holy things and of the true tabernacle; to-gether with all the troops of the heavenly army we sing a hymn of glory to the Lord; when we honor the memory of the saints, we hope for a share in fellowship with them; we wait for the Savior, our Lord Jesus Christ, until He our life will appear and we in turn will appear with Him in glory." 1 And so it happens that as the souls of the faithful give this worship to God, the principle and source of all holi-ness, they are drawn and as it were impelled to acquire ¯ The original Latin text, entitled Sacrara liturgiara, is given in dcta dpostolicae Sedis, v. 56 (1964), pp. 139--44. ¯ Constitution on the Liturgy, article 8. this holiness, thereby becoming during tiffs earthly pil-grimage "emulators of the heavenly Sion." -~ Hence, it is easy to see that in this matter there is noth-ing We desire more than that the faithful and especially priests should first make a profound study of the Consti-tution We have already mentioned and then form a firm resolution to carry out its prescriptions in a fully con-scientious way as soon as they go into effect. Since~ there-fore, from the nature of things the knowledge and divulga-tion of liturgical laws is a matter which should begin at once, We strongly exhort the heads of dioceses together with their sacred ministers, those dispensers of the mys-teries of God,z not to delay in seeing to it that the faithful entrusted to them, each according to his age, state of life, talent, and education, should come to realize the inner strength and power of the sacred liturgy and should de-voutly take part, both internally and externally, in the Church's rites.4 As is evident, there are many prescriptions of the Con-stitution that cannot be put into effect in a short time since before that can be done ceremonies must be revised and new liturgical books prepared. In order that this work may be done with the required intelligence and care, We are establishing a commission whose principal work will be to see to it that the prescriptions of the Co~stitution on the Liturgy are perfectly carried out. Nevertheless, among the norms of the Constitution there are some which can be made effective even now; it is Our wish, therefore, that they be put into execution without delay so that the souls of the faithful may not be further deprived ol~ the fruits of grace to be expected there-from. Therefore, by Our apostolic authority and on Our own initiative, We order and decree that from the coming First Sunday of Lent, that is, from February 16, of this year of 1964, the following matters are effective, the usual suspension period being waived. I) With regard to the prescriptions of articles 15, 16, and 17 concerning liturgical formation in seminaries, in schools of religious communities, and in theological facul-ties, We desire that programs of studies for these institu-tions be drawn up at once so that beginning with the com-ing academic year these prescriptions will be carried out in an orderly and careful way. II) We also decree thatin accord with the prescriptions of articles 45 and 46, there should be set up in each dio-cese a commission which under the supervision of the Hymn for Lauds on the feast of the dedication of a church. aSee 1 Cor 4:1. See the Constitution on the Liturgy, article 19, + + ÷ The Liturgy VOLUME 23, 1964 593 ÷ ÷ ÷ Pbul VI REVIEW FOR RELIGIOUS 594 bishop will have the task of increasing knowledge of the liturgy and of protnoting it. With regard to this point, it will sometimes be desirable that several dioceses have a common commission. Furthermore, insofar as it is possible, every diocese should have two other commissions, one for sacred music, the other for sacred art. It will frequently be desirable in individual dioceses to unite these three commissions into a single one. III) We also put into effect from the date given above the obligation according to article 52 of having a homily at Mass on Sundays and holydays of obligation. IV) We prescribe that there should be put into immedi-ate effect that part of article 71 according to which the sacrament of confirmation, if desired, can be conferred within Mass after the reading of the Gospel and after the homily. V) With regard to article 78, the sacrament of matri-mony is ordinarily to be celebrated within Mass after the reading of the Gospel and the giving of the homily. If matrimony is celebrated outside of Mass, the follow-ing points are to be observed until a completely new cere-mony has been drawn up: at the beginning of this sacred rite, after a brief exhortation,'~ the Epistle and the Gospel of the nuptial Mass are to be read; then there should be given to the couple the blessing which is found in the Roman Ritual under Title 8, Chapter 3. VI) Although the Divine Office has not yet been re-vised and renewed in accordance with article 89, still to those who are not bound to choir We give permission, ef-fective without the usual waiting period, to omit the Hour of Prime and to choose from the Small Hours the one that best fits the time of day. While granting this, We are fully confident that the ministers of sacred things will not in any way relax their inner devotion; hence, if they diligently carry out the duties of their priestly office out of love for God alone, they can rightly be considered as spending the entire day with their minds joined to Him. VII) Also with regard to the Divine Office, in indi-vidual cases and for an adequate reason, ordinaries can dispense their subjects, wholly or in part, from the ob-ligation of reciting the Office or they can commute the obligation to another.6 VIII)-Once more with regard to the praying of the Di. vine Office, We declare that the members of any institute of religious perfection who .by reason ol~ their laws recite, any part of the Divine Office or a Short Office that is See the Constitution on the Liturgy, article 35, § 3. See the Constitution on the Liturgy, article 97. modeled on the Divine Office and has been duly approved are to be considered as publicly praying with the Church.~ IX) Since according to article 101 of the Constitution those who are bound to recite the Divine Office may be allowed in various ways permission to use the vernacular instead of Latin, We think it good to specify that the various vernacular translations are to be prepared and approved by the competent territorial ecclesiastical au-thority in accord with the norm of article 36, §§ 3 and 4; what is done by this authority must be duly appi'oved or confirmed by the Apostolic See in accord with the same article 36, § 3. And We prescribe that this is always to be observed whenever a liturgical Latin text is translated into the vernacular by the legitimate authority We have already mentioned. X) Since according to the Constitution (article 22, § 2) the supervision of liturgical matters, within established limits, comes under the competency of various kinds of legitimately constituted territorial groupings of bishops, We decree that for the time being these are to be national groupings. In addition to residential bishops, all who are men-tioned in canon 292 of the Code of Canon Law have the right to be present and to vote at these national confer-ences; coadjutors and auxiliary bishops may also be called to them. In these conferences, legitimate passing of decrees re-quires a two-thirds majority of a secret vote. XI) Leaving now the matters pertaining to the liturgy which We have changed in this apostolic letter or have ordered to be done before the usual waiting period, We wish to note in conclusion that the direction of the sacred liturgy is within the competency of the Church alone; that is, within the competency of this Apostolic See, and, in accord with the norm of the law, of the bishops. Hence, no one else, not even a priest, is permitted to add, remove, or change anything with regard to liturgical matters,s We order that everything We have decreed in this motu proprio letter be held as valid and legal, all contrary things notwithstanding. Given in Rome at St. Peter's on January 25, 1964, the feast of the Conversion of St. Paul, in the first year of Our Pontificate. PAUL VI See the Constitution on the Liturgy, article 98. See the Constitution on the Liturgy, article 22, § 1, and article 2~,§ ~. The Liturgy VOLUME 23, 1964 595 PAUL J. BERNADICOU, s.j. Persons and the Religious Life Paul J. Bernadi-cou, S.J., is a mem-ber of Regis Col-lege; 3425 Bayview Avenue; Willow-dale, Ontario; Can-ada. REVIEW FOR RELIGIOUS If we come to understand the role 6f persons in Chris-tianity, we will be in a position to assess their role in the spirituality which underlies and motivates the religious life. For religious life is basically an intensified living of Christian spirituality. As such, it takes its shape and model--no matter what the varying emphases of the dif-ferent institutes--from the life and teaching of Christ our Lord. From authentic spirituality based on the teaching of Christ, therefore, we derive the charter for the proper place of persons in the life of a religious. The necessity to clarify so central a theme in the Christian life as the role of persons manifests the easy confusion to which man~ falls prey. Even in religious life, a life of the counsels dedi-cated to the closest possible following of Christ's own program ahd pattern of life, we can easily mistake the means for the end; we can forget to love persons in our endeavor to purify our love. Religious can become the victims of their formation and purification and as a result find themselves caught in a multiplicity of detailed rules and in an exactness of observance that deprive them of a clear view of the desired end of their way of life: to love people deeply, truly, and universally. We can too easily substitute our initial concern to apply the means and never arrive at the end. In a life as authority-centered and regulated as is that of a religious, scrupulous care for the disciplinary rules of the institute and a desire to please the ever-present superior may absorb the forefront of attention; we forget to relate and justify these means in the larger context of Christian spirituality: the love of persons. Or perhaps the needed purification by means of the self-imposed suffering of mortification and abnegation--now discovered for the first time--too fully occupies the mind! of a young religious: the stress on what he can and must do here and now to correct and improve his conduct as a professional Christian (that is, a religious). This together with a certain diffidence on the topic of love can become too permanent a state of mind. So a time of reevaluation must occur. The indoctrination in and emphasis on penance and prayer during the formative years are meant to lead one to a fuller and truer Christian love; they interiorize and actualize the life and vision of hith by helping one transcend his thoughtless and selfish fixation. But they are not ends in themselves: we must love persons--actually and genuinely--or cease to be our .vital, integral, devel-oping selves. And so the central role of persons and the topic of love, which in the early stages of one's formation are frequently considered too fraught with the possibility of self-deception and of a casual approach to celibacy, must be reinvestigated, then reintegrated into the domi-nant focus of spirituality. The New Testament, the authoritative document for Christian spirituality, attests the indispensable role of persons in the Christian life. From beginning to end, the New Testament unites the two commandments of the Old Law (love of God and love of neighbor) into the single commandment of the New Law: love for the hu-man person. This in fact is the form of the new command-ment given us by Christ. Thus St. Paul makes love of one's fellowman--bearing "the burdens of one another's fail-ing"-- the fulfillment of the law of Christ (Gal 6:9). And for St. John charity--love one for another--is the unique command given us by the Lord (2 Jn 5). In the Christian scheme of life, "If a man boasts of loving God, while he hates his own brother, he is a liar. He has seen his brother, and has no love for him; what love can he have for the God he has never seen?" (1 Jn 4:20). In the New Law, hu-man persons and interpersonal concern take on an in-estimably richer, supernatural significance for man. When Christ united the two commandments of the Old Law and placed their full realization in our super-natural love for human persons, He did not remove "one jot or flourish" from that law (Mt. 5:18). His new com-mandment is not a deletion or betrayal, it is a fulfillment (Mr 5:7 ft.). For He came as the truth teaching us more surely the way to the more abundant life (Jn 14:6; 10:10). In this respect, He has inaugurated a new age and a new covenant merited for us by His sacrifice on our behalf (2 Cor 5:15 ft.). His sacrificial death has founded the new community foretold by the prophets (Rom 1:2 ft.). This new community born in the Spirit raises the human per-son and human dialogue to a participation in God's own life and supernatural creativity (see 1 Cor 2 and 12). The new, undeserved, incomparably richer dignity ~rso~s VOLUME 2)~ 1964 ÷ ÷ ÷ P. ]. Bemadicou, S. 1. REVIEW FOR RELIGIOUS which Christ has won for the human person was the wofl~ of His love-motivated incarnation (Phil 2:5 ft.). In this mystery of love which we will never fully fathom or sui[i-ciently appreciate, Christ joined both God and man and thus made feasible the fusion in His person of ~the two commandments of the Old Law. For He has told us that if we know Him, we also know and love the Father (Jn 14:7 ft.). And Christ we tome to know and love in our brother. In an unsearchable depth of wisdom and love that is His as the Son of God, Christ has chosen to identify Himself with the human person of our fellowman, par-ticularly if he be in need: "Believe me, when you did it to one of the least of my brethren here, you did it to me" (Mr 25:40). Precisely in this mysterious union of man and God we discover the awesome dignity of the human person: each person mediates Christ to us. This is a focal revelation in the new age founded by Christ. It is, therefore, by loving our fellowman--so Christ has willed-that we respond to the love of the God who has first loved us (1 Jn 3:16; 4:19). Appropriately, we return God's love by loving our neighbor in need. In our empti-ness, in our very non-existence, it was through our fellow, man that God first called us into existence and expressed His intent to love us forever. Through our family and larger social ties, God brought us into life, cared for us, raised us to the stature of men, and even presently in., structs and exercises us in His mysteries of love whicix are the earthly foreshadow of our heavenly glory. In par-ent, teacher, priest, friend, associates, and superior, God. daily expresses His love and leads us to Himself and the happiness of total friendship. By our most intimate hu-man contacts and friendships, God would entice us to the depth and durability of His friendship. We Christians and especially we religious are a chosen people--not of course by our own merit since He chose~ us before ever we chose Him (Jn 15:16). We have received the very best our fellowman could give us--the good news of Jesus Christ in its entirety. However inadequately we may have been taught or loved, we are the undeserving recipients of an insight into the ways of God and into the glorious destiny of the human person. And we have re-ceived these greatest of earthly gifts through the instru-mentality of our fellowman. Fittingly do we make our return of love for this great largess by our recognition of God's presence in the human family which has conveyed it to us. Beyond our most wishful dream or expectation, the human person is the giver of life to us. And so the unique dignity and inmost reality of each person is that he is Christ for us. Our habitual capacity to live this insight--though we cannot hope to fully com-prehend its rich import--is the measure of the Christian conviction within us. It is, in fact, according to this stand-ard that Christ our exemplar will judge us: When the Son of Man comes in his glory, and all the angels with him, he will sit down upon the throne of his glory., and he will divide men one from the other . Then the king will say to those on his right hand, 'Come, you that have received a blessing from my Father, take possession of the kingdom which has been prepared for you since the foundation of the world. For I was hungry, and you gave me food, thirsty, and you gave me drink; I was a stranger, and you brought me home, naked, and you clothed me, sick, and you cared for me, a prisoner, and you came to me' (Mt 25:31-6). If we take Christ as seriously and committedly as He means to be taken, we will endeavor to increase our re-spect and reverence for each person since each has the potential to be an unique epiphany of Christ among us. Our hope and effort as representatives of Christ's causeb no matter what the form of our apostolate, whether con-templative or active--will be directed towards encour-aging each person we meet to achieve his full stature and self as a person: to mirror forth his never-to-be-repeated image and trait of Christ. We love each person not merely from a motive of loving Christ or His law, as if the true worth of a human person were found in a consideration extrinsic to his real sell:. No. In each person we love or would love the quality, the mark of his deepest, most genuine self: his capacity to show forth Christ in a way that no other can. In the Christian view of man, this is the authentic self of the hu-man person; for we live in the new age of the Spirit merited for us by Christ in which man has the inestimable call to be a member of His Mystical Body. The effect of our love enters more deeply into another than mutual encouragement and kindness. It is stronger and more curative than any balm we might pour into the wounds of our stricken neighbor, for we do not cause goodness to grow in each other simply by reason of a kindness adminstered and appreciated. Our love is much, much more profound: similar to and more intensive than parenthood in the natural order, our love actually fath-ers forth the Christness in another. Our Lord has told us: "I have a new commandment to give you, that you are to love one another; that your love for one another is to be like the love I have borne you" (Jn 13:34; also Jn 15:12; 17:11; 1 Jn 3:11). He means these words more surely and effectively than we generally allow ourselves to realize. Christ has actually chosen to express His love through that of His disciples: "Believe me when I tell you this; the man who welcomes one whom I send, welcomes me; and the man who welcomes me, welcomes him who sent me" (Jn 13:20; see also Mt 10:40). Our love thus reaches ÷ ÷ ÷ VOLUME 23, 1964 ,599 REVIEW FOR RELIGIOUS 6O0 down into the inmost recesses of each other and-in a way we cannot fully understand---actually causes the very Godlife within another. We are father to the Christ in each other. Our supreme human privilege and responsi-bility as members of Christ's body, the Church, is to bring each other to life in the Spirit. God's people, the com-munity of the faithful, live in and communicate the Spirit to each other. Perhaps we best grasp the nature and function of our supernatural community in the Spirit if we compare it to the natural level of our incorporation into society. At this natural level, it is our association in the society of man that permits us to become real, vibrant, and human. It is only by reason of multiple and diverse interpersonal relations that we come into the world at all, are nourished, trained, and educated in the ways and values of human culture and civilization. We are very much the product of our mutual dependence in the natural sphere; this interdependence is the necessary avenue to our becoming a man and sharing in the goods of man. With the new life in the Spirit which follows upon our baptism into the Church of Christ, the function of inter-personal dependence takes on a new depth and fullness. We are custodians of the Spirit and bear it each to each. Because we live in the new age won by Christ, our human exchange of love prepares and disposes us and actually effects our entry into the life of total happiness in the fullest friendship we are capable of--the love of God Himself. The purpose of human love and friendship in this new community of the Spirit--most especially one would think of a religious community--is to witness and glimpse that complete love which is to come when the Spirit lives fully among us. Our love one for another awakens us to the love of God Himself. Assuredly, the supernatural efficacy of our love is pos-sible only because God works through those who live in His Spirit. If our love is like that of the heavenly Father (Lk fi:3fi), it is because we have learned how to love from God Himself (1 Th 4:9). And we have come to recognize the love of God for us only because the Spirit, sent us by Christ, opened our hearts to God's love (Rom 5:5; 15:30). He loves us because He has taken us as His sons: "Beloved, let us love one another; love springs from God; no one can love without being born of God and knowing God" (I Jn 4:7). And we return our filial love for the Father who has first loved us in our concern for our brother with whom Christ has identified Himself (Mt 25:40); for all of us together form the Body of Christ (Rom 12:5-10; 1 Cot 12:12-27): "And you are Christ's body, organs of it depending upon each other." Since the love of the Father is in us as a result of our new life in the Spirit, we are expected to imitate the works of His love. We may be indifferent to no man; as far as with God's grace we are able, we are to be perfect as the heavenly Father is perfect (Mr 5:48). With Christian con-viction we acknowledge and revere the potential Christ in each---especially in the needy and distressed who by Christ's own choice are more closely configured to Him. Christ's command of love goes even further: "But I tell you, love your enemies, do good to those who hate you, pray for those who persecute and insult you, that so you may be true sons of your Father in heaven, who makes his sun shine on the evil and equally on the good, his rain fall on the just and equally on the unjust" (Mt 5:43-48). Christ expects our love to go beyond that of good pagans who love those who love them. Because we have faith in Christ's mysterious words, we transcend our superficial impression of another even though we die to self. In fact, our radical capacity to transcend selfish interest and mere natural insight and inclination is the index of the depth of our faith in Christ and His good news. The measure of our love for the human person in need--even though he be our enemy--is the sure yardstick of our love for Christ; it bears absolute testimony to our sincere persuasion of His truth. The central role of human persons, the indispensable role for human love in the life of a Christian must give us pause. Is our religious dedication leading us where we will most surely find Christ? Do we honestly look for Him in an outgoing love and concern for our fellowman in need: in our readiness to help and cheer the less gifted or suffering members of our religious family; in our thirst for racial justice; in our efforts to help those who can most use our apostolic presence; in our prayers and penance for the world's poor and oppressed; in our par-ental concern for the young entrusted to our care; and in all the other multiple contacts with human need and misery that call forth our Christian love for the dignity of the human person. Is ours an authentic witness to Christ in a clear love of and dedication to the world of persons and community? A Christian love for people is the only adequate motive for our use of the means religious life provides. In this perspective, penance and prayer are desirable curbs on selfishness and a needed pruning for a more abundant harvest of love. Each institute and every individual in an institute decides under the guidance of the Spirit and proper authority on the measure of prayer and penance, of action and contemplation appropriate to their form of apostolate. But a clear perception of the goal--a deeper and truer love--acts as a constant corrective to an im-mature or excessive reliance on means. Separation, silence, + + + VOLUME 2.~, 1964 60! + ÷ ÷ P. ]. Bernadicou, S.]. REVIEW FOR RELIGIOUS recollection, and self-denial would be perverted from their function if we were to think we might by reason of. them love God directly in a total isolation from His iden-tity with human persons--as if He were an abstract prin-ciple or remote authority whose only wish is that we serve Him in an exact observance of impersonal rules and o1~ our own scrupulosity. If we esteem the unique value of hu-man persons in our spirituality, we assure a touchstone of orthodoxy and authenticity--more than this, of a healthy balance, sanity, and integration of personality. Suffering surely has a place in the Christian economy. Whether accepted in its received forms or self-imposed: it has value as a means to the end of loving Christ in all, especially the needy. To take up our cross daily and fol-low Christ means sloughing--and it is painful--our worldly views and values in order to love human persons as Christ loves them. This is undeniably difficult; it is a light cross only for those who have made it habitual and who consequently raise it with conviction; then it cer-tainly brings the peace of Christ and the only genuine suc-cess of the human person. Never should suffering take the form of a stop in love-- this is the only pointless suffering and it is the suffering of hell. However unintelligible in its experienced presence, suffering is an aid to greater love, to a love that is deeper, truer, and more universal. It is meaningful because it can force us out of ourselves to a compassion and communion with human persons and on to a total absorption in the person of God, our final and fully satisfying love. The most cloistered religious knows he can find God only by loving mankind. The sequestered life of the contemplative is not a frustrated attempt to escape humanity, much less a guilt-driven attack on self; it is, rather, an intense apostolic life of prayer and penance out of love for one's fellowman. The Church has therefore named St. Teresa of Lisieux as the foremost patroness of the missions be-cause hers was a genuine Christian spirituality of dedi-cated concern for the human person in need. An appreciation of the role of persons and human love is also the essential basis for any adequate theory of a Christian humanism. Our apostolic involvement in the world of the temporal community takes its ground in the realization that Christ has strengthened and elevated man's community to a participation in the very family of God. The Christian apostle cannot overlook the social, cultural, and political substratum which makes it possible for him to forge the interpersonal dialogue by means of which the members of Christ's people communicate the Spirit to each other. Christianity does not set a damp on our natural desire for love and happiness; it is our completion and sublime exaltation into the higher world of community in the Spirit. By our honest and earnest attempt to live and love in the Spirit, we come to share in the hundred-fold and the foretaste of heaven. In this earthly consolation alone--freely given and undeserved--is the hard-won reward of the mature religious and the greatest triumph of the human person. In an active love for the human per-son we already share on earth in the eternity of love and friendship. 4. 4. Persons VOLUME 23, 1964 SISTER M. JUDITH, O.S.B. Work: A Becoming Process Sister Mary Ju-dith, O.S.B., writes from St. Joseph's Convent; 2200 South Lewis; Tulsa, Okla-homa 74114. REVIEW FOR RELIGIOUS 604 Man must become. How many complications, mistakes, frettings could be avoided if man could simply be; it is this business of becoming that touches the mainspring o[ man's set of human problems. Despite some medieval superstition that sisters, by vir-tue of some grace of state, simply and miraculously are, the fact remains that they must suffer their share of becoming. What should they strive to become? Each, according to her unique potential, should become a person, whole and holy. There exists no scarcity of directives for her becom-ing process: writers, preachers, lecturers bombard her with a dizzying abundance o[ books, articles, sermons, and speeches about humility, obedience, maturity, and allied virtues. Development of these traits, however, is not ac-complished in some chaste vacuum or by some mysterious process of intellection; it rather takes place as the sister peels away the days of her life. Unromantic as the fact may seem, over one half of the waking hours of these days is spent in work. Therefore, it is in her work that the virtues take root and grow; it is largely in work that she will become. Other situations of her life--like making vows, forming a meaningful rela-tionship, experiencing the death of a loved one--may pro-duce more highly colored experiences; but the continuity and stability which must underlie the development of ma-turity are found chiefly in her workaday world. And so that part of her life should not be divorced from her "re-ligious" life. Nor is it enough to dismiss it with the pietism: "Make your work a prayer." That part of a sister's life which drains her talents, her physical and psychic energies, which fills most of her waking hours, lays claim to a pene-trating investigation; for "work environment will color a man's thoughts, determine his habits, crystallize his atti-tudes, facilitate or inhibit physical and mental health, and increase or decrease the effectiveness of his general social adjustment." 1 If worka is to be a significant means of becoming, two aspects must be recognized: the bbjective reality and the subjective reality. And two definitive actions must be taken: the initial choice and its accomplishment. The objective reality is that vast block of work to be done, the unceasing needs of society and of the Church: the needs, in other words, of the here-and-now Body of Christ which is ignorant, hurt, sad, lo~t; disfigured. Facing this overwhelming objective reality, the Christian sister (the adjective is employed advisedly) approaches with the subjective reality of her pittance of energy and talent, her temperament, background, and natural interests. With this unique outfit of characteristics, she will advance to teach, cure, comfort, lead, and make beautiful. In this approach is made the first definitive action: choice. Two persons are involved in such choice: the in-dividual person and the moral person or community. First, the individual person. Too often, a sister is re-luctant to make a choice; part of the so-called security of religious life resides in a form of irresponsibility that pa-rades as docility or obedience. Sometimes, too, a sister in misinformed piety subscribes to a yesteryear's theory that misery is the gauge of merit, that the more miserable one is in her work of obedience the more meritorious that work is. In neither case is the sister involved in the action of choosing, which action admittedly includes risk but which is imperative in becoming. The sister who realizes that grace builds on nature chooses. She knows that "each soul is intended to animate a particular body . [that] each soul has or is a substantial relation to a particular body." ~ This sister realizes, then, that she must exercise that faculty of soul called will or choice so that her soul can animate her body. A soul cannot enliven a non-think-ing, non-willing set of fleshed bones. She must determine where God expects her to use His gifts to her, not wait un-til a superior dictates a position for which the sister might or might not have suitable abilities. The sister who wills faces an almost unequaled demand for exercising honesty. Honesty, or humility, hard come by for most persons, is particularly difficult for women, sisters not excepted. Yet is it other than to humbly desire "to serve Him by means of the gifts He has entrusted to 1S. N. Stevens, American Management Association, Prod. Series, No. 119. u Although the principles expressed in this paper may be applica-ble to manual, social, and intellectual work, this study is geared to a consideration of professional or semi-professional work. a Jacques Maritain, The Person and the Common Good (New York: Scribners, 1947), p. 22. ÷ ÷ ÷ Work VOLUME 23, 1964 605 Sister M. Judith, O.S.B. REVIEW FOR RELIGIOUS 60g [her]?" Arid can one serve without a previous admission of those gifts? The tested proof of honesty comes in such evaluation and admission. Ability and interest tests, though possibly an aid in determining one's area of con-tribution, remain impersonal and surface. One may, for example, possess a genius for organization but lack the "toughness" to withstand the censure inevitably laid against one in authority. Tests cannot illustrate this. Or she may love children singly but be unequipped physically to handle them en masse in a six-hour day classroom situ-ation. One thing balances against another. And, too, al-lowance must be made for acquiring traits. For example~ other things being equal, a sister may be able to learn fac. tual content, to perfect a method, to acquire patience. Tests cannot indicate such potential. In the final analysis, then, in the honest act of choosing, the sister must go into her own heart, close the door, and! confer with her Self. No breast-beating or confessing of faults can call forth honesty equal to that demanded in, the inventory experience of admitting and declaring the gifts of God which one bears in one's Self. How painful it can be, say, for a sister to announce that, yes, she does think she is equipped to be a superiorl Or that, no, she really is not suited to administrate the hospital, thank yOU. Willing such as this rescues the sister from anonymity, that menace which currently terrifies the world and which, if anything, is a more urgent threat to sisters whose very routine and habit can become allies to anonymity. While her choice, therefore, establishes her independence as a person with a unique contribution, it at the same time diminishes her "separateness" insofar as it enables her to share the cream of her talents in the total work of the community.4 To feel and to have others feel that one is important and that the traits one possesses are valuable is a basic human need. If such recognition in any group is important, how much more so is acceptance in a religious community. The primary significance of a religious com-munity is that it is an eschatological sign of heaven insofar as it is a group of persons living together in love. Not toleration but acceptance and approval precede love. "No more fiendish punishment could be devised," claimed Wil-liam James, "than that one should be turned loose in so-ciety and remain absolutely unnoticed by all the members thereof." ~ In fact, the reasons that a person, as person, ¯ ~ W. W. Marston in Emotions o! Normal People says that one of the nearest things to a person (in the case of consciousness) is his "poor outfit of powers and virtues. In naked isolation, they seem small and cheap. To be idle is to shut these poor powers in; to work is to open them up, to unite them with greater powers' and a cause." * William James, Principles o] Psychology, Vol. 1 (New York: Holt, 18g0), p. 2g~t. seeks to live in community are first that she feels the "inner urge to the communications of knowledge and love which require relationship with other persons," and that, sec-ondly, she needs the help which "she ought to be given to do the work of reason and virtue, which responds to the specific feature of [her] being." 6 Therefore, the exercise in becorning that stems from evaluating one's potential and choosing to some degree its actuation does not result merely in a better-mileage-per- hour program; it also results in a more-love-per-person community. This brings a consideration of the role of the second person, the community. It will produce nothing but frus-tration for an individual sister to decide how she can best serve Christ's Body unless the community provides free-dom for and approval of such action. There must be a free exchange between a community and its individual members. On the one hand, the sister is bound to the com-munity because, in a certain fashion, that whole provides the framework in which she is enabled to become a person. In fact, Maritain maintains that "the person is duty-bound, in justice, to risk its own existence for the salvation of the whole when the whole is imperilled.''7 The sister should not, then, act as a spoiled child, demanding that her ambitions be satisfied at any cost. Between the individ-ual and the community there must be a mutuality of ex-change and benefit. Even in the mathematical order, six is not the same as three and three. One is always part of two; wholes are made up of wholes. So the whole com-munity is made up of whole individuals. "It presupposes the persons and flows back upon them, and, in this sense, is achieved in them." Without this flow, there is no community. If a commu-nity refuses to redistribute human goods (one of which is wholeness) and just "takes in," it will achieve, insists Maritain, no emancipation except that of the "collective man." And that is communism. There must be commu-nity, not communism. There must be individual persons, not a "collective sister." Granted this, what, exactly, is expected of the commu-nity? Basically, to recognize the rights of the individual sister to know and to become herself, and to loosen, if necessary, the structure to permit the sister to make her choice and live it out. Even in communities strictly geared to one specific work like, say, teaching, there is room for the functioning of various sets of talents. Even in that narrow area there may be classroom teaching, supervising, administrating, researching, professional writing, special-ized teaching. e Maritain, The Person, p. 37-8. 7 Maritain, The Person, p, 59. 4- 4- 4" Work VOLUME 221, 1964 607 ÷ ÷ ÷ Sister M. ~ludith, O.S.B. REVIEW FOR RELIGIOUS Important as choice making is, however, the test of be. coming inheres in the continuity of the work. If the sister accepts the risky right of choosing, she must also take on the burden of making sure that the accomplishment of the work is also an accomplishment of her Self as a person, as a religious woman. As a person, she must be able to exercise her unique gifts, talents, energies and to make a contribution in gen-eral to society and in particular to her relatively small world of work and love, her community. As a woman, she must be able to bring up to conscious-ness her masculine qualities and to bring to full play her own set of feminine qualities. For if any human being is to reach full maturity, there must be a synthesis of both masculine (animus) and feminine (anima) traits. Who is unacquainted with the woman who is too "fe-male"? Feelings govern her decisions, spontaneous reac-tion supersedes human response, tears come easily as do fits of temper and flights of fancy. And who has not found sisters in this category? On the other hand, as communities of religious women are presently organized, a woman must take on some duties ordinarily staffed by a man. This may wrench the sister's masculine traits into an undisciplined development. Who has not witnessed the woman in whom dependability has turned to scrupulosity, courage to self-martyrdom, impartiality to unfeelingness, justice to cru-elty? Even without statistical support, it would be safe to calculate that the incidence of such virtue-run-amuck is high among sisters. G. G. Jung claims "that no one can evade the fact, that in taking up a masculine calling, studying, and working in a man's way, woman is doing something not wholly in agreement with, if not directly injurious to, her feminine nature." Threats to a woman's anima balance vary, of course, not only according to the work but also according to the per-son involved. In, say, certain administrative jobs, there exists, objectively speaking, a definite threat to the best. part of womanliness. Perhaps a conscious or unconscious realization of this fact is responsible for the growing trend in religious communities of working with men. Men school principals, lay advisory boards, male hospital administra-tors promise to become the rule rather than the exception. Some sisters, however, can function even in these positions without hurt to their feminine natures. No outside force, system, or test can predict the effect of certain jobs on cer-tain personalities; the individual sister must face these threats to mature personality-synthesis. She alone will know if a work is thus suited to her, if it allows for her Self's becoming a person who is a religious woman. On the other hand, most of the work sisters are in-volved in provides ideal situations for combining anima and animus traits. Teaching, nursing, doing social work summon her feminine traits of subjectivity, sympathy, tenderness, and understanding. These same works also require, in "varying degrees, exercise of her masculine traits of objectivity, courage, cooperation, dependability, justice. Therefore, most sisters should be able to discover a work suited to development of self. Only if she is able to accomplish becoming in her work will she be able to withstand the onslaught she opens up upon herself by her initial choice. She approaches her work with a fund of sympathy. She tri~s to relate herself to the sorrows of Christ's Body in the world by her feeling. But suffering, ignorance, ugliness are seemingly endless. She helps cure a patient today, and tomorrow his bed is occupied by another. She teaches English to forty students this year, and the next year forty-one file to replace them. She dismisses one unwed motherand must hold open the door to the next one trudging up the walk with the old story, the old weight. Year after year. It's like seeing one's self poured out into a sieve. In the face of this, a woman whose animus traits remain suppressed will likely resort to various neuroses or con-stantly seek different work in the futile hope that she can some place effect a lasting contribution. A woman whose anima traits are overpowered by the fury of overdeveloped masculine traits will, perhaps, react by developing a pro-tective hardness. It is the woman who has achieved, or is achieving, a personality synthesis who can make a real, conscious adaptation to such realities. It is she who is natu-rally equipped, too, for deep faith; she perceives that God provides, that the Body of Christ will be transformed, that God wills her to spend herself toward this omega point of creation in His plan. This is the faith the sister, in be-coming a whole person, must live by in meeting the ostensi-bly insurmountable suffering in the world,s To assume choice and accomplishment of work is to as-sume a weighty burden. It is, in fact, impossible to carry withottt aid. Evaluatory support comes to the individual in a process known as feedback. Moral aid comes in a system of living together known as community. Developed originally in connection with electronic com-puters and other servomechanisms, feedback has since been applied by psychologists to human beings. The im-portant feedback feature is its loop pattern: it loops back or feeds bacl~ to its starting point. For example, energy, starting from a person, is directed outward to some work. 8 Esther Harding in The Way o! All Women discusses this effec-tively. Although she finds psychological or anthropological answers to most problems, she admits that the overwhelming amount of sor-row a woman meets can be met "only by something which we must call a 'religious attitude.' " ÷ ÷ ÷ Work VOLUME 23, 1964 6O9 + + Sister M. Judith, O.S.B. REVIEW FOR RELIGIOUS 610 Some indication of progress is then fed back to the person. Perception of this progress then increases or diminishes the amount of energy the person can again direct outward to that work. Feedback, if convergent (favorable), increases energy; if divergent (unfavorable), it decreases both psy-chic and physical energy. "Nothing succeeds like success" describes the effect of convergent feedback. If, say, a teaching sister recognizes from student response, peer respect, and principal com-mendation that she is successful in her work, she will in-crease her efforts. The convergent feedback creates more energy. It alleviates anxiety, builds self-confidence, and leads to accelerated effort. This is a simple, psychological fact. To desire to work without recognition is neither natural nor virtuous. There is a difference, however, in the favorable feedback needs of an immature and a ma-ture sister. The immature sister depends too constantly and too heavily on spoken or written approval. Her need becomes insatiable; and, with a pause in

Il presente lavoro, tenterà di fornire una visione d'insieme quanto più completa possibile sulle cd. dichiarazioni anticipate di trattamento. La trattazione muoverà – ovviamente - dai dati normativi nazionali, primari e secondari, proseguendo poi verso l'analisi strutturale dell'istituto scansionando gli elementi costitutivi, quali il consenso, la forma, il diritto all'informazione ed i conseguenti risvolti applicativi, in particolar modo la figura dell'amministratore di sostegno, arrivando poi ai profili di responsabilità sia civile che penale; ma non tralasciando i profili comparatistici. Si presterà particolare attenzione, verso l'iter giurisprudenziale che ha contraddistinto la nascita nonché la giovane evoluzione dell'istituto, che ha prodotto la stesura dei due disegni di legge, che saranno oggetto di una valutazione giuridica, ma anche critica. Ed allora, la tematica del "fine vita" impone – necessariamente - una trattazione multilivello. L'analisi deve muovere dall'ordinamento positivo nazionale, dove l'evoluzione della materia è avvenuta attraverso l'introduzione, rectius creazione, dell'istituto del testamento biologico, ovvero più precisamente, delle dichiarazioni anticipate di trattamento. Questi ultimi interventi, rispondono anche e soprattutto all'esigenza di allineamento proveniente dall'Europa, impulsati dalla emanazioni delle fondamentali Dichiarazione Universale dei Diritti dell'uomo, Convenzione di Oviedo, Carta Europea dei diritti dell'uomo; tali fonti, seppur in modo differente sottolineano la centralità del Soggetto-Uomo e la conseguenziale importanza del processo autodeterminativo dello stesso. La normativa positiva nazionale, si sedimenta nella Costituzione agli artt. 2,3,31 e 32; e degradando nel quadro delle fonti, si pone a livello della legge ordinaria con il codice civile che all'art. 5 disciplina gli atti dispositivi del corpo. Dal punto di vista penalistico si incentrerà l'attenzione sulle fattispecie del suicidio assistito e l'omicidio del consenziente. Non possono trascurarsi per la trattazione i pareri del comitato di bioetico,i quali sono stati fondanti nella discussione dottrinaria e giurisprudenziale, né tanto meno il codice di deontologia medica; da ultimo in ambito di responsabilità medica la legge 189/2012. L'incipit dell'approfondimento è la normativa nazionale in riferimento ai diritti della personalità, i quali sono fortemente caratterizzati dalla non patrimonialità, dalla immanenza, nonché immaterialità al punto che non è più concepibile una visione dell'essere umano a prescindere da questi diritti. Non tutti i diritti della personalità, trovano una loro disciplina codicistica, ma una maggioranza di questi sono emersi e si sono imposti grazie all'opera di dottrina e giurisprudenza. La dottrina, però, è attualmente divisa tra chi considera il diritto della personalità come un monolitico diritto considerando l'uomo in ogni sua espressione; e tra chi sostiene che sussistano tanti diritti della personalità quanti la legge ne prevede. Diatriba dottrinaria che ha trovato il suo naturale epilogo con l'entrata in vigore della Carta Costituzionale, la quale espressamente all'art. 2 prevede che la Repubblica riconosce e garantisce i diritti inviolabili dell'uomo in funzione dello sviluppo della sua personalità chiarendo, che non debba intendersi ogni singolo diritto, bensi'qualsivoglia interesse proteso alla realizzazione della personalità del soggetto. La protezione di questi diritti, come supra individuato, si lega alla Carta Costituzionale negli artt. 2,3 31 e 32. I requisiti fondamentali di tali diritti sono l'assolutezza tutelata erga omnes, l'indisponibilità derivante dall'impossibilità del trasferimento dell'oggetto-persona, nonché l'imprescrittibilità. Tra questi diritti, assume una particolare rilevanza, il diritto all'integrità fisica, che tradizionalmente è associato al diritto alla salute di cui l'art.5 costituisce punto di riferimento nella normativa codicistica; ma successivamente alla Costituzione è stato necessario un nuovo inquadramento dell'articolo, in orbita alla nuova concezione di personalità e di salute cosi come costituzionalmente interpretati. Attualmente in Italia la tematica del "fine vita" ha trovato in due disegni di legge; il primo di questi "S10" approvato al Senato nel marzo 2009 ed inviato alla camera per ulteriore approvazione, nonostante innumerevoli modifiche, nel luglio 2011. Nonostante la presenza di questi due disegni di legge la via per giungere ad un testo normativo risulta essere ancora lunga ed impervia. Approntato l'inquadramento normativo generale, l'elaborato approfondirà questo nuovo istituto del testamento biologico; e già dalla nomenclatura però risulta giuridicamente inesatta, poichè il testamento così come disciplinato dall'art. 587 c.c. è un atto mortis causa destinato a produrre effetti per il tempo successivo alla morte, invece le disposizioni di fine vita producono il loro effetto prima della morte del soggetto. Pertanto, il termine risulta essere fortemente evocativo perché sottolinea un dato di fondamentale importanza cioè, l'ultrattività del volere che è un dato che unisce il testamento biologico al testamento come atto mortis causa. Ultra-attività del volere che deve avere effetto quando il soggetto non è più capace e non è più in grado di correggere, interpretare, rinnovare questa volontà; implicando in tal modo la sacralità di questo volere, l'esigenza di aumentare la soglia delle cautele procedimentali, perchè solo un volere consapevole e ponderato da parte del soggetto in ordine alle sue scelte esistenziale, è un volere autenticamente libero. Una delle prime definizioni di dichiarazioni anticipate di volontà si rinviene in un atto del comitato di bioetica del 2003, nel quale vengono definite come un documento con il quale il soggetto, dotato di piena capacità, esprime la sua volontà circa i trattamenti ai quali desidera o non desidera essere sottoposto, nel caso in cui nel decorso di una malattia o a causa di traumi improvvisi, non fosse in grado di esprimere il proprio consenso o il proprio dissenso informato. Per attuare una attenta disamina dell'istituto è necessario dividere le direttive a seconda che siano impartite nel corso del rapporto terapeutico oppure vengano date indipendentemente come espressione di una libera scelta. Nella prima eventualità rientrerebbe nel rapporto tra medico e paziente. Dottrina prevalente ritiene di dover inquadrare questo tipo di direttiva all'interno della più ampia categoria dell'atto giuridico, concetto nel quale può ricomprendersi qualsiasi comportamento umano che assuma rilevanza per il diritto in quanto ad esso l'ordine giuridico ricollega una modificazione ad uno stato di cose preesistente. Ulteriore ripartizione fatta all'interno di questa categoria è stara tra negozio giuridico inteso come atto di natura negoziale e atto giuridico in senso stretto, scevro della natura negoziale. L'istituto del negozio giuridico, non ha mai trovato una collocazione sistematica nel codice civile; il legislatore ha sempre inteso il termine atto come categoria per ricomprendervi anche il negozio. Alla luce di ciò secondo alcuni la nozione di atto giuridico è da ricostruirsi in negativo cioè si è in presenza di un atto giuridico quando non ravvisabile nell'atto i caratteri degli atti negoziali. Altra tesi invece basa la catalogazione in base alla finalità perseguita dall'atto asserendo che, quando l'atto è espressione del potere di autoregolamentazione dei privati per creare un assetto vincolante dei loro interessi esso avrà natura negoziale; diversamente invece l'atto è semplicemente il presupposto per degli effetti giuridici già predisposti . L'atto giuridico in senso stretto trova la sua naturale espressione in fattispecie ad effetti tipici. Alla luce di quanto detto può quindi affermarsi che l'elemento distintivo tra atto e negozio è da valutarsi a seguito di una valutazione stutturale-funzionale. Il negozio ha la struttura di volontà precettiva ed è preordinato funzionalente a disporre di una determinata situazione giuridica, nell'atto invece la volontà e la consapevolezza rilevano come requisiti del comportamento poichè gli effetti prescindono dal contenuto volitivo dell'atto e sono determinati dalla legge, è il carattere dispositivo, quindi, l'elemento di discrimen tra le due figure. Alla luce di quanto sopra, si ritiene che in caso di direttive intervenute nel corso del rapporto medico-paziente, si sia in presenza di un atto giuridico in senso stretto, come tali si ritengono gli atti umani volontari i cui effetti sono stabiliti dalla legge. Di converso, sono da ritenersi di natura negoziale le direttive anticipate assunte dal soggetto come libera scelta avulsa da qualsiasi iter medico già in corso, l'ipotesi quindi di un soggetto perfettamente sano, fisicamente e psichicamente, perfettamente capace di intendere e di volere che decide, quale debbano essere o meno i trattamenti a cui sottoporsi nel caso e nel momento in cui non fosse più capace di esprimere la propria volontà. In questa visione viene proiettata la concezione del diritto all'identità da intendersi quale integrazione della personalità, come riscoperta del legame del corpo nella sua eccezione fisica e psichica. Il diritto all'identità porta con sé il principio di integrità, come potestà decisionale unica ed esclusiva del soggetto sulla propria sfera esistenziale. La dichiarazione è un atto che necessità dell'alterità, difatti viene definito come quell'atto che ha come scopo il far conoscere qualcosa a terzi, presupposto per la sua sussistenza è uno o più destinatari, che possono essere anche determinati. La dottrina nell'analizzare l'istituto della dichiarazione, in sé, ha più volte ribadito le tesi per la quale in realtà essa sia composta da due elementi, quello espressivo in cui si formula, e quello emissivo in cui si forma giungendo a maturazione. L'emissione quindi costituisce l'indice di maturità della dichiarazione e segna il momento dal quale questa esiste. Possono quindi distinguersi in dichiarazioni indirizzate per le quali la conoscenza da parte del terzo è condizione necessaria perché l'atto possa sussistere, oppure in dichiarazioni recettizie per le quali la direzione verso un terzo è strumentale alla produzione degli effetti in capo ad esso. L'elemento centrale è ovviamente il consenso, che presuppone un processo informativo, quale modalità di comunicazione bidirezionale che accompagna e sostiene il percorso di cura. È il processo comunicativo attraverso il quale il medico (e l'operatore sanitario, limitatamente agli atti di sua specifica competenza) fornisce al paziente notizie sulla diagnosi, sulla prognosi, sulle prospettive terapeutiche e sulle verosimili conseguenze della terapia e/o della mancata terapia/atto sanitario, al fine di promuoverne una scelta pienamente autonoma e consapevole. Tale processo riguarda anche il minorenne, in forma adeguata all'età, l'interdetto giudiziale e l'incapace naturale, in forma proporzionata al loro livello di capacità, in modo che essi possano formarsi un'opinione sull'atto sanitario. Il consenso informato può definirsi come "esercizio del diritto del paziente all'autodeterminazione rispetto alle scelte diagnostico/terapeutiche proposte." La scelta viene attuata, al termine del processo informativo; tale procedimento che porta la persona assistita ad accettare l'atto sanitario, si articola essenzialmente in tre momenti, tra loro concatenati mediante ricorso ad una successione logica e cronologica. • Il primo momento consiste nella comunicazione al paziente di informazioni di rilevanza diagnostica e terapeutica. • Successivamente, deve sussistere la certezza che il paziente abbia capito il significato della suddetta comunicazione. • Infine, la decisione definitiva dell'interessato. Non si è in grado di acconsentire specificatamente, se non si dispone della informazione adeguata, senza la quale qualsiasi modulo di consenso sottoscritto risulta essere viziato e, conseguentemente, non valido sotto il profilo giuridico. Il consenso valido deve essere: informato, consapevole, personale, manifesto, specifico, preventivo, attuale e revocabile. Per soddisfare il requisito dell'informazione è necessario rispettare le caratteristiche della corretta informazione, la quale deve essere personalizzata, comprensibile, veritiera, obiettiva, esaustiva e non imposta. La personalizzazione, presuppone l'adeguatezza della stessa alla condizione fisica e psicologica, all'età ed alla capacità oltre che al substrato culturale e linguistico del paziente, nonché deve essere proporzionata alla tipologia della prestazione proposta. Per quanto possibile, va evitato il rischio di un involontario e non esplicito condizionamento, legato all'asimmetria informativa tra le figure del medico e del paziente, eventualmente accentuato dalla gravità della malattia e dalla complessità della terapia conseguente. L'informazione deve essere comprensibile, e cioè espressa con linguaggio semplice e chiaro, usando notizie e dati specialistici, evitando sigle o termini scientifici, attraverso anche l'utilizzo di schede illustrate o materiale video che consentano al paziente di comprendere compiutamente ciò che verrà effettuato, soprattutto in previsione di interventi particolarmente invasivi o demolitivi. Nel caso di paziente straniero, è necessario l'interprete nonché il materiale informativo tradotto, affinché venga correttamente e completamente compreso ciò che viene detto. L'informativa deve essere altresì veritiera, ovvero non deve creare false illusioni, ma prudente e accompagnata da ragionevole speranza nelle informazioni che hanno rilevanza tale da comportare gravi preoccupazioni o previsioni infauste. Il requisito dell'obiettività deve riscontrarsi su fonti validate o che godano di una legittimazione clinico - scientifica; oltre che indicativa delle effettive potenzialità di cura fornite dalla struttura che ospita il paziente e delle prestazioni tecnico-strutturali che l'ente è in grado di offrire permanentemente o in quel dato momento; fornendo notizie inerenti l'atto sanitario proposto nell'ambito del percorso di cura intrapreso e al soddisfacimento di ogni quesito specifico posto dal paziente. In particolar modo sulla natura e lo scopo principale; sulle probabilità di successo; sulle modalità di effettuazione; e sul sanitario che eseguirà la prestazione. Esaustivamente precise devono essere le conseguenze previste e la loro modalità di risoluzione; i rischi ragionevolmente prevedibili, le complicanze e la loro probabilità di verificarsi e di essere risolti da ulteriori trattamenti; eventuali possibilità di trattamenti alternativi, loro vantaggi e rischi; conseguenze del rifiuto alle prestazioni sanitarie. Ció detto, al paziente é riconosciuta la facoltà di non essere informato, delegando a terzi la ricezione delle informazioni, dal momento che il diritto all'informazione non necessariamente deve accompagnarsi all'obbligo di riceverla. Traccia però deve essere lasciata in forma scritta. In tal caso egli esprimerà comunque il consenso, subordinatamente all'informazione data a persona da lui delegata. Il consenso deve essere espresso da un soggetto che, ricevute correttamente e completamente le informazioni con le modalità descritte in precedenza, sia capace di intendere e di volere; e tale capacità di intendere non è valutabile separatamente dalla capacità di volere. Del diritto ad esprimere il consenso ne é titolare solo il paziente; l'informazione a terzi (compresi anche i familiari), è ammessa solitamente previo consenso esplicitamente espresso dal paziente. Il consenso espresso dai familiari è giuridicamente irrilevante. Per i minorenni, gli interdetti e per le persone sottoposte ad una amministrazione di sostegno riferita ad atti sanitari si rimanda successivamente proposte manifestatamente e, in particolar modo per le attività che esulano dalla routine. La manifestazione di volontà deve essere esplicita ed espressa inequivocabilmente, e preferibilmente in forma scritta. L'assenso deve essere riferito allo specifico atto sanitario proposto e prestato per un determinato trattamento, e non può peraltro legittimare il medico all'esecuzione di una scelta terapeutica diversa dal percorso di cura intrapreso, per natura od effetti, fatto salvo il sopraggiungere di una situazione di necessità ed urgenza che determini un pericolo grave per la salute o la vita del paziente. Il consenso deve essere prestato prima dell'atto proposto. L'intervallo di tempo tra la manifestazione del consenso e l'attuazione dell'atto sanitario non deve essere tale da far sorgere dubbi sulla persistenza della volontà del paziente; nel caso lo sia, è opportuno ottenere conferma del consenso già prestato, in prossimità della realizzazione dell'atto. Il requisito della attualità del consenso, racchiude i maggiori dubbi sull'ammissibilità delle d.a.t. ( dichiarazioni anticipate di trattamento). Il paziente ha il diritto di revocare in qualsiasi momento il consenso prestato, eventualmente anche nell'immediatezza della procedura sanitaria che si sta ponendo in essere; la natura contrattuale del consenso determina che per essere giuridicamente valido esso debba inoltre rispondere ai requisiti "libero" e "relativo al bene disponibile" . Evidenziati i requisiiti del consenso, è necessario soffermarsi su quali soggetti possano essere esecutori di tale dichiarazioni;è emersa quindi, la figura del fiduciario; in un primo momento in sede dottrinale si era fatto riferimento all'istituto del mandato per trovare un istituto cui ricondurre il rapporto tra paziente e fiduciario: il mandante attraverso le istruzioni poteva rendere al fiduciario le proprio volontà in ordine ai trattamento di fine vita ed il mandatario può rendere queste dichiarazioni di volontà secondo uno schema tipico con effetti nella sfera giuridica del mandante, ma in realtà questa ricostruzione trova il suo limite nella sopravvenuta estinzione del mandato per incapacitò del osggetto che da l'incarico fiduciario,da qui allora l'attenzione di dottrina e giurisprudenza si è focalizzata sulla figura dell'amministratore di sostegnodisciplinato nel codice civile dagli artt. 404 e ss. Lo strumento dell'art. 408 c.c.(scelta dell'amministratore di sostegno), avrebbe, al di là della sedes materiae, secondo alcuni, introdotto nel nostro ordinamento l'istituto del testamento biologico; ed, allora, non resterebbe che concludere in conformità al dettato legislativo, che lo stesso debba rivestire la forma solenne dell'atto pubblico o della scrittura privata autenticata. Da qui il ruolo del notaio quale soggetto deputato ad apporre sulla scheda biologica il sigillo di "fedeltà". importante è Delibera del 23 giugno 2006 con la quale Il Consiglio Nazionale del Notariato, ritiene utile "in attesa di un'auspicabile iniziativa legislativa in materia ed al fine di garantire il medico nell'esercizio delle proprie responsabilità" – assicurare "la certezza della provenienza della dichiarazione dal suo autore, mediante intervento notarile e la reperibilità della medesima in un registro telematico nazionale". Considerato, quindi, che l'intervento notarile – proprio perché volto ad assicurare il valore aggiunto della certezza fornito dalla pubblica funzione di certificazione - comporta il rispetto delle modalità operative fissate dalla legge (repertorio, trattamento fiscale, ecc.), ma "che nel contempo è necessario individuare forme che non comportino costi significativi ed aggravi di formalità burocratiche per il cittadino e la collettività". Nel provvedimento di cui si tratta, emerge la volontà del notariato di contribuire a risolvere un'esigenza di grande rilevanza umana e sociale e la disponibilità a provvedere alla istituzione e conservazione del Registro Generale dei testamenti di vita, con costi a proprio carico, mediante le proprie strutture informatiche e telematiche. Un dato di rilievo è che, secondo il Consiglio, "alla luce della attuale normativa, il notaio, richiesto di autenticare la sottoscrizione di una dichiarazione relativa ad un testamento di vita", può "farlo, non ravvisandosi alcuna contrarietà a norme di legge". Propone, quindi, in assenza di un divieto imperativo in materia, di utilizzare un testo di dichiarazione sottoscritta dal solo disponente, contenente la delega ad un fiduciario, incaricato di manifestare ai medici curanti l'esistenza del testamento di vita. Questi argomenti appena trattati, il consenso, la sua forma e il legittimato a porre in essere le volontà espresse sono tutti argomenti che sono stati oggetti di analisi giurisprudenziale in particolar modo nei casi Welby ed Englaro, che congiuntamente al caso Schiavo saranno approfonditi nell'elaborato finale. Bisogna comunque dire che il caso Welby è fondamentale per analizzare la responsabilità che coinvolge la tematica delle dichiarazioni anticipate di trattamento. Difatti, per la prima volta si è incentrato il problema sulla eutanasia, ed il dottore che aveva "accompagnato alla morte" il soggetto, malato ormai da tempo e senza possibilità di guarigione o miglioramento alcuno, ma solo di peggioramento, accettandone la volontà di sospensione dei trattamenti salva vita, rispettando quindi il diritto al rifiuto dei trattamenti sanitari, facente parte dei diritti inviolabili della persona di cui all'art. 2 Cost, fu rinviato a giudizio con l'accusa ex 579 c.p. E' da sottolineare che il "dissenso "di Welby possedeva tutti i requisiti necessari desumibili dalla Costituzione e dai principi generali dell'ordinamento, affinché la manifestazione di volontà del avesse rilievo giuridico onde escludersi l'applicazione dell'art. 579 in forza della scriminante dell'art. 51 c.p. Il possibile rifiuto del malato deve essere esercitato con riferimento ad un «trattamento sanitario», potendo riguardare solo una condotta che ha come contenuto competenze di carattere medico e sempre all'interno di un rapporto di natura contrattuale a contenuto sanitario. Solo sul professionista e non su altri incombe, quindi, il dovere di osservare la volontà di segno negativo del paziente, in ragione della relazione instauratasi tra i due per l'espletamento di una condotta di natura sanitaria a contenuto concordato. Con la conseguenza che, se il professionista dovesse porre in essere una condotta direttamente causativa della morte del paziente per espressa volontà di quest'ultimo, risponderà ad un preciso dovere che discende dalla previsione dell'art. 32, comma 2 Cost., mentre la stessa condotta posta in essere da ogni altro soggetto non risponderà ad alcun dovere giuridicamente riconosciuto dall'ordinamento, non essendo stata esercitata all'interno di un rapporto terapeutico, nel quale solo nascono e si esercitano diritti e doveri specifici. Alla luce di queste premesse, può essere condivisa la soluzione proscioglitiva in ordine al reato di omicidio del consenziente. Il rifiuto di una terapia, anche se già iniziata, ove venga esercitato nell'ambito sopra descritto ed alle condizioni precedentemente illustrate, costituisce un diritto costituzionalmente garantito e già perfetto, rispetto al quale sul medico incombe, in ragione della professione esercitata e dei diritti e doveri scaturenti dal rapporto terapeutico instauratosi con il paziente, il dovere giuridico di consentirne l'esercizio. Con la conseguenza che, se il medico in ottemperanza a tale dovere, contribuisse a determinare la morte del paziente per l'interruzione di una terapia salvavita, egli non risponderebbe penalmente del delitto di omicidio del consenziente, in quanto avrebbe operato alla presenza di una causa di esclusione del reato e segnatamente quella prevista dall'art. 51 c.p. . La fonte del dovere per il medico, quindi, risiederebbe in prima istanza nella stessa norma costituzionale, che è di rango superiore rispetto alla legge penale, e l'operatività della scriminante nell'ipotesi sopra delineata è giustificata dalla necessità di superare la contraddizione dell'ordinamento giuridico il quale, da una parte, non può attribuire un diritto e, dall'altra, incriminarne il suo esercizio. Da ultimo, sull'argomento si è espressa nuovamente la Corte di Cassazione con la sentenza 20984/2012 la quale sembrerebbe affermare che l'intervento del medico è scriminato non solo nei casi di TSO (casi pacificamente scriminati) ma in tutti i casi in cui si incorra in uno stato di necessità ex art. 54 c.p. Il consenso informato ha come correlato la facoltà, non solo di scegliere tra le diverse possibilità di trattamento medico, ma anche, nell'eventualità, di rifiutare la terapia e di decidere consapevolmente di interromperla (n.b.: questa definizione di consenso informato è espressione di libertà positiva); e ciò in tutte le fasi della vita, anche in quella terminale. Secondo la definizione della Corte Costituzionale (Corte Cost. 438/2008) il consenso informato, inteso quale espressione della consapevole adesione al trattamento sanitario proposto dal medico, si configura quale vero e proprio diritto della persona e trova fondamento nei principi espressi nell'art. 2 Cost., che ne tutela e promuove i diritti fondamentali, e negli artt. 13 e 32 Cost., i quali stabiliscono rispettivamente che la libertà personale è inviolabile e che nessuno può essere obbligato a un determinato trattamento sanitario se non per disposizione di legge. La responsabilità del sanitario (e di riflesso della struttura per cui egli agisce) per violazione dell'obbligo del consenso informato discende: a) dalla condotta omissiva tenuta in relazione all'adempimento dell'obbligo di informazione in ordine alle prevedibili conseguenze del trattamento cui il paziente sia sottoposto; b) dal verificarsi - in conseguenza dell'esecuzione del trattamento stesso, e, quindi, in forza di un nesso di causalità con essa - di un aggravamento delle condizioni di salute del paziente. Non assume, invece, alcuna influenza, ai fini della sussistenza dell'illecito per violazione del consenso informato, se il trattamento sia stato eseguito correttamente o meno. Ciò perché, sotto questo profilo, ciò che rileva è che il paziente, a causa del deficit di informazione, non sia stato messo in condizione di assentire al trattamento sanitario con una volontà consapevole delle sue implicazioni, consumandosi, nei suoi confronti, una lesione di quella dignità che connota l'esistenza nei momenti cruciali della sofferenza, fisica e psichica. Importante svolta in campo di responsabilità medica è stata data la legge 8 novembre 2012, n. 189 che ha convertito il Decreto Legge Balduzzi, n. 158/2012. La cosiddetta "colpa lieve" dell'esercente una professione sanitaria ne risulta, in certo qual senso, depenalizzata. Infatti, il dato testuale dell'art. 3, 1° co., il sanitario che nello svolgimento della propria attività si attiene a linee guida e buone pratiche accreditate dalla comunità scientifica non risponde penalmente per colpa lieve. Sulla responsabilità del medico e della struttura sanitaria, e della sua natura si tratterà esaustivamente nel corso dell'elaborato. In Italia, nonostante il problema sia sorto da tempo, e sia stato, come visto, oggetto di copiosa attività giurisprudenziale di merito e di legittimità, nonché dottrinaria, non si ha al momento, ancora un testo normativo che disciplini la materia in oggetto. L'iter normativo sul testamento biologico, in Italia ha inizio con il d.d.l. presentato al Senato (s.10) il 29 aprile del 2008 e dallo stesso approvato il 26 marzo 2009. Il disegno così come approvato è stato inviato alla Camera, che lo ha modificato il 12 luglio 2011, e da allora siamo stagnati sull'argomento, anche per la presenza di un governo cd. tecnico. Una timida ripresa, è stata impulsata dalla commissione permanente di igiene e sanità nell'ottobre del 2012. Pertanto, il giurista si deve attenere alle fonti a disposizione, e perciò, operando un raffronto di questi due testi, emerge l'allontanarsi del sistema positivo italiano - nonostante stia allineandosi all'Europa sotto molteplici aspetti - sul tema di «fine vita» non dimostrandosi ancora competitivo per la normativa europea. Si rimanda, indi alla trattazione finale per il lavoro comparatistico delle leggi in itinere. Il presente lavoro, tenterà di fornire una visione d'insieme quanto più completa possibile sulle cd. dichiarazioni anticipate di trattamento. La trattazione muoverà – ovviamente - dai dati normativi nazionali, primari e secondari, proseguendo poi verso l'analisi strutturale dell'istituto scansionando gli elementi costitutivi, quali il consenso, la forma, il diritto all'informazione ed i conseguenti risvolti applicativi, in particolar modo la figura dell'amministratore di sostegno, arrivando poi ai profili di responsabilità sia civile che penale; ma non tralasciando i profili comparatistici. Si presterà particolare attenzione, verso l'iter giurisprudenziale che ha contraddistinto la nascita nonché la giovane evoluzione dell'istituto, che ha prodotto la stesura dei due disegni di legge, che saranno oggetto di una valutazione giuridica, ma anche critica. Ed allora, la tematica del "fine vita" impone – necessariamente - una trattazione multilivello. L'analisi deve muovere dall'ordinamento positivo nazionale, dove l'evoluzione della materia è avvenuta attraverso l'introduzione, rectius creazione, dell'istituto del testamento biologico, ovvero più precisamente, delle dichiarazioni anticipate di trattamento. Questi ultimi interventi, rispondono anche e soprattutto all'esigenza di allineamento proveniente dall'Europa, impulsati dalla emanazioni delle fondamentali Dichiarazione Universale dei Diritti dell'uomo, Convenzione di Oviedo, Carta Europea dei diritti dell'uomo; tali fonti, seppur in modo differente sottolineano la centralità del Soggetto-Uomo e la conseguenziale importanza del processo autodeterminativo dello stesso. La normativa positiva nazionale, si sedimenta nella Costituzione agli artt. 2,3,31 e 32; e degradando nel quadro delle fonti, si pone a livello della legge ordinaria con il codice civile che all'art. 5 disciplina gli atti dispositivi del corpo. Dal punto di vista penalistico si incentrerà l'attenzione sulle fattispecie del suicidio assistito e l'omicidio del consenziente. Non possono trascurarsi per la trattazione i pareri del comitato di bioetico,i quali sono stati fondanti nella discussione dottrinaria e giurisprudenziale, né tanto meno il codice di deontologia medica; da ultimo in ambito di responsabilità medica la legge 189/2012. L'incipit dell'approfondimento è la normativa nazionale in riferimento ai diritti della personalità, i quali sono fortemente caratterizzati dalla non patrimonialità, dalla immanenza, nonché immaterialità al punto che non è più concepibile una visione dell'essere umano a prescindere da questi diritti. Non tutti i diritti della personalità, trovano una loro disciplina codicistica, ma una maggioranza di questi sono emersi e si sono imposti grazie all'opera di dottrina e giurisprudenza. La dottrina, però, è attualmente divisa tra chi considera il diritto della personalità come un monolitico diritto considerando l'uomo in ogni sua espressione; e tra chi sostiene che sussistano tanti diritti della personalità quanti la legge ne prevede. Diatriba dottrinaria che ha trovato il suo naturale epilogo con l'entrata in vigore della Carta Costituzionale, la quale espressamente all'art. 2 prevede che la Repubblica riconosce e garantisce i diritti inviolabili dell'uomo in funzione dello sviluppo della sua personalità chiarendo, che non debba intendersi ogni singolo diritto, bensi'qualsivoglia interesse proteso alla realizzazione della personalità del soggetto. La protezione di questi diritti, come supra individuato, si lega alla Carta Costituzionale negli artt. 2,3 31 e 32. I requisiti fondamentali di tali diritti sono l'assolutezza tutelata erga omnes, l'indisponibilità derivante dall'impossibilità del trasferimento dell'oggetto-persona, nonché l'imprescrittibilità. Tra questi diritti, assume una particolare rilevanza, il diritto all'integrità fisica, che tradizionalmente è associato al diritto alla salute di cui l'art.5 costituisce punto di riferimento nella normativa codicistica; ma successivamente alla Costituzione è stato necessario un nuovo inquadramento dell'articolo, in orbita alla nuova concezione di personalità e di salute cosi come costituzionalmente interpretati. Attualmente in Italia la tematica del "fine vita" ha trovato in due disegni di legge; il primo di questi "S10" approvato al Senato nel marzo 2009 ed inviato alla camera per ulteriore approvazione, nonostante innumerevoli modifiche, nel luglio 2011. Nonostante la presenza di questi due disegni di legge la via per giungere ad un testo normativo risulta essere ancora lunga ed impervia. Approntato l'inquadramento normativo generale, l'elaborato approfondirà questo nuovo istituto del testamento biologico; e già dalla nomenclatura però risulta giuridicamente inesatta, poichè il testamento così come disciplinato dall'art. 587 c.c. è un atto mortis causa destinato a produrre effetti per il tempo successivo alla morte, invece le disposizioni di fine vita producono il loro effetto prima della morte del soggetto. Pertanto, il termine risulta essere fortemente evocativo perché sottolinea un dato di fondamentale importanza cioè, l'ultrattività del volere che è un dato che unisce il testamento biologico al testamento come atto mortis causa. Ultra-attività del volere che deve avere effetto quando il soggetto non è più capace e non è più in grado di correggere, interpretare, rinnovare questa volontà; implicando in tal modo la sacralità di questo volere, l'esigenza di aumentare la soglia delle cautele procedimentali, perchè solo un volere consapevole e ponderato da parte del soggetto in ordine alle sue scelte esistenziale, è un volere autenticamente libero. Una delle prime definizioni di dichiarazioni anticipate di volontà si rinviene in un atto del comitato di bioetica del 2003, nel quale vengono definite come un documento con il quale il soggetto, dotato di piena capacità, esprime la sua volontà circa i trattamenti ai quali desidera o non desidera essere sottoposto, nel caso in cui nel decorso di una malattia o a causa di traumi improvvisi, non fosse in grado di esprimere il proprio consenso o il proprio dissenso informato. Per attuare una attenta disamina dell'istituto è necessario dividere le direttive a seconda che siano impartite nel corso del rapporto terapeutico oppure vengano date indipendentemente come espressione di una libera scelta. Nella prima eventualità rientrerebbe nel rapporto tra medico e paziente. Dottrina prevalente ritiene di dover inquadrare questo tipo di direttiva all'interno della più ampia categoria dell'atto giuridico, concetto nel quale può ricomprendersi qualsiasi comportamento umano che assuma rilevanza per il diritto in quanto ad esso l'ordine giuridico ricollega una modificazione ad uno stato di cose preesistente. Ulteriore ripartizione fatta all'interno di questa categoria è stara tra negozio giuridico inteso come atto di natura negoziale e atto giuridico in senso stretto, scevro della natura negoziale. L'istituto del negozio giuridico, non ha mai trovato una collocazione sistematica nel codice civile; il legislatore ha sempre inteso il termine atto come categoria per ricomprendervi anche il negozio. Alla luce di ciò secondo alcuni la nozione di atto giuridico è da ricostruirsi in negativo cioè si è in presenza di un atto giuridico quando non ravvisabile nell'atto i caratteri degli atti negoziali. Altra tesi invece basa la catalogazione in base alla finalità perseguita dall'atto asserendo che, quando l'atto è espressione del potere di autoregolamentazione dei privati per creare un assetto vincolante dei loro interessi esso avrà natura negoziale; diversamente invece l'atto è semplicemente il presupposto per degli effetti giuridici già predisposti . L'atto giuridico in senso stretto trova la sua naturale espressione in fattispecie ad effetti tipici. Alla luce di quanto detto può quindi affermarsi che l'elemento distintivo tra atto e negozio è da valutarsi a seguito di una valutazione stutturale-funzionale. Il negozio ha la struttura di volontà precettiva ed è preordinato funzionalente a disporre di una determinata situazione giuridica, nell'atto invece la volontà e la consapevolezza rilevano come requisiti del comportamento poichè gli effetti prescindono dal contenuto volitivo dell'atto e sono determinati dalla legge, è il carattere dispositivo, quindi, l'elemento di discrimen tra le due figure. Alla luce di quanto sopra, si ritiene che in caso di direttive intervenute nel corso del rapporto medico-paziente, si sia in presenza di un atto giuridico in senso stretto, come tali si ritengono gli atti umani volontari i cui effetti sono stabiliti dalla legge. Di converso, sono da ritenersi di natura negoziale le direttive anticipate assunte dal soggetto come libera scelta avulsa da qualsiasi iter medico già in corso, l'ipotesi quindi di un soggetto perfettamente sano, fisicamente e psichicamente, perfettamente capace di intendere e di volere che decide, quale debbano essere o meno i trattamenti a cui sottoporsi nel caso e nel momento in cui non fosse più capace di esprimere la propria volontà. In questa visione viene proiettata la concezione del diritto all'identità da intendersi quale integrazione della personalità, come riscoperta del legame del corpo nella sua eccezione fisica e psichica. Il diritto all'identità porta con sé il principio di integrità, come potestà decisionale unica ed esclusiva del soggetto sulla propria sfera esistenziale. La dichiarazione è un atto che necessità dell'alterità, difatti viene definito come quell'atto che ha come scopo il far conoscere qualcosa a terzi, presupposto per la sua sussistenza è uno o più destinatari, che possono essere anche determinati. La dottrina nell'analizzare l'istituto della dichiarazione, in sé, ha più volte ribadito le tesi per la quale in realtà essa sia composta da due elementi, quello espressivo in cui si formula, e quello emissivo in cui si forma giungendo a maturazione. L'emissione quindi costituisce l'indice di maturità della dichiarazione e segna il momento dal quale questa esiste. Possono quindi distinguersi in dichiarazioni indirizzate per le quali la conoscenza da parte del terzo è condizione necessaria perché l'atto possa sussistere, oppure in dichiarazioni recettizie per le quali la direzione verso un terzo è strumentale alla produzione degli effetti in capo ad esso. L'elemento centrale è ovviamente il consenso, che presuppone un processo informativo, quale modalità di comunicazione bidirezionale che accompagna e sostiene il percorso di cura. È il processo comunicativo attraverso il quale il medico (e l'operatore sanitario, limitatamente agli atti di sua specifica competenza) fornisce al paziente notizie sulla diagnosi, sulla prognosi, sulle prospettive terapeutiche e sulle verosimili conseguenze della terapia e/o della mancata terapia/atto sanitario, al fine di promuoverne una scelta pienamente autonoma e consapevole. Tale processo riguarda anche il minorenne, in forma adeguata all'età, l'interdetto giudiziale e l'incapace naturale, in forma proporzionata al loro livello di capacità, in modo che essi possano formarsi un'opinione sull'atto sanitario. Il consenso informato può definirsi come "esercizio del diritto del paziente all'autodeterminazione rispetto alle scelte diagnostico/terapeutiche proposte." La scelta viene attuata, al termine del processo informativo; tale procedimento che porta la persona assistita ad accettare l'atto sanitario, si articola essenzialmente in tre momenti, tra loro concatenati mediante ricorso ad una successione logica e cronologica. • Il primo momento consiste nella comunicazione al paziente di informazioni di rilevanza diagnostica e terapeutica. • Successivamente, deve sussistere la certezza che il paziente abbia capito il significato della suddetta comunicazione. • Infine, la decisione definitiva dell'interessato. Non si è in grado di acconsentire specificatamente, se non si dispone della informazione adeguata, senza la quale qualsiasi modulo di consenso sottoscritto risulta essere viziato e, conseguentemente, non valido sotto il profilo giuridico. Il consenso valido deve essere: informato, consapevole, personale, manifesto, specifico, preventivo, attuale e revocabile. Per soddisfare il requisito dell'informazione è necessario rispettare le caratteristiche della corretta informazione, la quale deve essere personalizzata, comprensibile, veritiera, obiettiva, esaustiva e non imposta. La personalizzazione, presuppone l'adeguatezza della stessa alla condizione fisica e psicologica, all'età ed alla capacità oltre che al substrato culturale e linguistico del paziente, nonché deve essere proporzionata alla tipologia della prestazione proposta. Per quanto possibile, va evitato il rischio di un involontario e non esplicito condizionamento, legato all'asimmetria informativa tra le figure del medico e del paziente, eventualmente accentuato dalla gravità della malattia e dalla complessità della terapia conseguente. L'informazione deve essere comprensibile, e cioè espressa con linguaggio semplice e chiaro, usando notizie e dati specialistici, evitando sigle o termini scientifici, attraverso anche l'utilizzo di schede illustrate o materiale video che consentano al paziente di comprendere compiutamente ciò che verrà effettuato, soprattutto in previsione di interventi particolarmente invasivi o demolitivi. Nel caso di paziente straniero, è necessario l'interprete nonché il materiale informativo tradotto, affinché venga correttamente e completamente compreso ciò che viene detto. L'informativa deve essere altresì veritiera, ovvero non deve creare false illusioni, ma prudente e accompagnata da ragionevole speranza nelle informazioni che hanno rilevanza tale da comportare gravi preoccupazioni o previsioni infauste. Il requisito dell'obiettività deve riscontrarsi su fonti validate o che godano di una legittimazione clinico - scientifica; oltre che indicativa delle effettive potenzialità di cura fornite dalla struttura che ospita il paziente e delle prestazioni tecnico-strutturali che l'ente è in grado di offrire permanentemente o in quel dato momento; fornendo notizie inerenti l'atto sanitario proposto nell'ambito del percorso di cura intrapreso e al soddisfacimento di ogni quesito specifico posto dal paziente. In particolar modo sulla natura e lo scopo principale; sulle probabilità di successo; sulle modalità di effettuazione; e sul sanitario che eseguirà la prestazione. Esaustivamente precise devono essere le conseguenze previste e la loro modalità di risoluzione; i rischi ragionevolmente prevedibili, le complicanze e la loro probabilità di verificarsi e di essere risolti da ulteriori trattamenti; eventuali possibilità di trattamenti alternativi, loro vantaggi e rischi; conseguenze del rifiuto alle prestazioni sanitarie. Ció detto, al paziente é riconosciuta la facoltà di non essere informato, delegando a terzi la ricezione delle informazioni, dal momento che il diritto all'informazione non necessariamente deve accompagnarsi all'obbligo di riceverla. Traccia però deve essere lasciata in forma scritta. In tal caso egli esprimerà comunque il consenso, subordinatamente all'informazione data a persona da lui delegata. Il consenso deve essere espresso da un soggetto che, ricevute correttamente e completamente le informazioni con le modalità descritte in precedenza, sia capace di intendere e di volere; e tale capacità di intendere non è valutabile separatamente dalla capacità di volere. Del diritto ad esprimere il consenso ne é titolare solo il paziente; l'informazione a terzi (compresi anche i familiari), è ammessa solitamente previo consenso esplicitamente espresso dal paziente. Il consenso espresso dai familiari è giuridicamente irrilevante. Per i minorenni, gli interdetti e per le persone sottoposte ad una amministrazione di sostegno riferita ad atti sanitari si rimanda successivamente proposte manifestatamente e, in particolar modo per le attività che esulano dalla routine. La manifestazione di volontà deve essere esplicita ed espressa inequivocabilmente, e preferibilmente in forma scritta. L'assenso deve essere riferito allo specifico atto sanitario proposto e prestato per un determinato trattamento, e non può peraltro legittimare il medico all'esecuzione di una scelta terapeutica diversa dal percorso di cura intrapreso, per natura od effetti, fatto salvo il sopraggiungere di una situazione di necessità ed urgenza che determini un pericolo grave per la salute o la vita del paziente. Il consenso deve essere prestato prima dell'atto proposto. L'intervallo di tempo tra la manifestazione del consenso e l'attuazione dell'atto sanitario non deve essere tale da far sorgere dubbi sulla persistenza della volontà del paziente; nel caso lo sia, è opportuno ottenere conferma del consenso già prestato, in prossimità della realizzazione dell'atto. Il requisito della attualità del consenso, racchiude i maggiori dubbi sull'ammissibilità delle d.a.t. ( dichiarazioni anticipate di trattamento). Il paziente ha il diritto di revocare in qualsiasi momento il consenso prestato, eventualmente anche nell'immediatezza della procedura sanitaria che si sta ponendo in essere; la natura contrattuale del consenso determina che per essere giuridicamente valido esso debba inoltre rispondere ai requisiti "libero" e "relativo al bene disponibile" . Evidenziati i requisiiti del consenso, è necessario soffermarsi su quali soggetti possano essere esecutori di tale dichiarazioni;è emersa quindi, la figura del fiduciario; in un primo momento in sede dottrinale si era fatto riferimento all'istituto del mandato per trovare un istituto cui ricondurre il rapporto tra paziente e fiduciario: il mandante attraverso le istruzioni poteva rendere al fiduciario le proprio volontà in ordine ai trattamento di fine vita ed il mandatario può rendere queste dichiarazioni di volontà secondo uno schema tipico con effetti nella sfera giuridica del mandante, ma in realtà questa ricostruzione trova il suo limite nella sopravvenuta estinzione del mandato per incapacitò del osggetto che da l'incarico fiduciario,da qui allora l'attenzione di dottrina e giurisprudenza si è focalizzata sulla figura dell'amministratore di sostegnodisciplinato nel codice civile dagli artt. 404 e ss. Lo strumento dell'art. 408 c.c.(scelta dell'amministratore di sostegno), avrebbe, al di là della sedes materiae, secondo alcuni, introdotto nel nostro ordinamento l'istituto del testamento biologico; ed, allora, non resterebbe che concludere in conformità al dettato legislativo, che lo stesso debba rivestire la forma solenne dell'atto pubblico o della scrittura privata autenticata. Da qui il ruolo del notaio quale soggetto deputato ad apporre sulla scheda biologica il sigillo di "fedeltà". importante è Delibera del 23 giugno 2006 con la quale Il Consiglio Nazionale del Notariato, ritiene utile "in attesa di un'auspicabile iniziativa legislativa in materia ed al fine di garantire il medico nell'esercizio delle proprie responsabilità" – assicurare "la certezza della provenienza della dichiarazione dal suo autore, mediante intervento notarile e la reperibilità della medesima in un registro telematico nazionale". Considerato, quindi, che l'intervento notarile – proprio perché volto ad assicurare il valore aggiunto della certezza fornito dalla pubblica funzione di certificazione - comporta il rispetto delle modalità operative fissate dalla legge (repertorio, trattamento fiscale, ecc.), ma "che nel contempo è necessario individuare forme che non comportino costi significativi ed aggravi di formalità burocratiche per il cittadino e la collettività". Nel provvedimento di cui si tratta, emerge la volontà del notariato di contribuire a risolvere un'esigenza di grande rilevanza umana e sociale e la disponibilità a provvedere alla istituzione e conservazione del Registro Generale dei testamenti di vita, con costi a proprio carico, mediante le proprie strutture informatiche e telematiche. Un dato di rilievo è che, secondo il Consiglio, "alla luce della attuale normativa, il notaio, richiesto di autenticare la sottoscrizione di una dichiarazione relativa ad un testamento di vita", può "farlo, non ravvisandosi alcuna contrarietà a norme di legge". Propone, quindi, in assenza di un divieto imperativo in materia, di utilizzare un testo di dichiarazione sottoscritta dal solo disponente, contenente la delega ad un fiduciario, incaricato di manifestare ai medici curanti l'esistenza del testamento di vita. Questi argomenti appena trattati, il consenso, la sua forma e il legittimato a porre in essere le volontà espresse sono tutti argomenti che sono stati oggetti di analisi giurisprudenziale in particolar modo nei casi Welby ed Englaro, che congiuntamente al caso Schiavo saranno approfonditi nell'elaborato finale. Bisogna comunque dire che il caso Welby è fondamentale per analizzare la responsabilità che coinvolge la tematica delle dichiarazioni anticipate di trattamento. Difatti, per la prima volta si è incentrato il problema sulla eutanasia, ed il dottore che aveva "accompagnato alla morte" il soggetto, malato ormai da tempo e senza possibilità di guarigione o miglioramento alcuno, ma solo di peggioramento, accettandone la volontà di sospensione dei trattamenti salva vita, rispettando quindi il diritto al rifiuto dei trattamenti sanitari, facente parte dei diritti inviolabili della persona di cui all'art. 2 Cost, fu rinviato a giudizio con l'accusa ex 579 c.p. E' da sottolineare che il "dissenso "di Welby possedeva tutti i requisiti necessari desumibili dalla Costituzione e dai principi generali dell'ordinamento, affinché la manifestazione di volontà del avesse rilievo giuridico onde escludersi l'applicazione dell'art. 579 in forza della scriminante dell'art. 51 c.p. Il possibile rifiuto del malato deve essere esercitato con riferimento ad un «trattamento sanitario», potendo riguardare solo una condotta che ha come contenuto competenze di carattere medico e sempre all'interno di un rapporto di natura contrattuale a contenuto sanitario. Solo sul professionista e non su altri incombe, quindi, il dovere di osservare la volontà di segno negativo del paziente, in ragione della relazione instauratasi tra i due per l'espletamento di una condotta di natura sanitaria a contenuto concordato. Con la conseguenza che, se il professionista dovesse porre in essere una condotta direttamente causativa della morte del paziente per espressa volontà di quest'ultimo, risponderà ad un preciso dovere che discende dalla previsione dell'art. 32, comma 2 Cost., mentre la stessa condotta posta in essere da ogni altro soggetto non risponderà ad alcun dovere giuridicamente riconosciuto dall'ordinamento, non essendo stata esercitata all'interno di un rapporto terapeutico, nel quale solo nascono e si esercitano diritti e doveri specifici. Alla luce di queste premesse, può essere condivisa la soluzione proscioglitiva in ordine al reato di omicidio del consenziente. Il rifiuto di una terapia, anche se già iniziata, ove venga esercitato nell'ambito sopra descritto ed alle condizioni precedentemente illustrate, costituisce un diritto costituzionalmente garantito e già perfetto, rispetto al quale sul medico incombe, in ragione della professione esercitata e dei diritti e doveri scaturenti dal rapporto terapeutico instauratosi con il paziente, il dovere giuridico di consentirne l'esercizio. Con la conseguenza che, se il medico in ottemperanza a tale dovere, contribuisse a determinare la morte del paziente per l'interruzione di una terapia salvavita, egli non risponderebbe penalmente del delitto di omicidio del consenziente, in quanto avrebbe operato alla presenza di una causa di esclusione del reato e segnatamente quella prevista dall'art. 51 c.p. . La fonte del dovere per il medico, quindi, risiederebbe in prima istanza nella stessa norma costituzionale, che è di rango superiore rispetto alla legge penale, e l'operatività della scriminante nell'ipotesi sopra delineata è giustificata dalla necessità di superare la contraddizione dell'ordinamento giuridico il quale, da una parte, non può attribuire un diritto e, dall'altra, incriminarne il suo esercizio. Da ultimo, sull'argomento si è espressa nuovamente la Corte di Cassazione con la sentenza 20984/2012 la quale sembrerebbe affermare che l'intervento del medico è scriminato non solo nei casi di TSO (casi pacificamente scriminati) ma in tutti i casi in cui si incorra in uno stato di necessità ex art. 54 c.p. Il consenso informato ha come correlato la facoltà, non solo di scegliere tra le diverse possibilità di trattamento medico, ma anche, nell'eventualità, di rifiutare la terapia e di decidere consapevolmente di interromperla (n.b.: questa definizione di consenso informato è espressione di libertà positiva); e ciò in tutte le fasi della vita, anche in quella terminale. Secondo la definizione della Corte Costituzionale (Corte Cost. 438/2008) il consenso informato, inteso quale espressione della consapevole adesione al trattamento sanitario proposto dal medico, si configura quale vero e proprio diritto della persona e trova fondamento nei principi espressi nell'art. 2 Cost., che ne tutela e promuove i diritti fondamentali, e negli artt. 13 e 32 Cost., i quali stabiliscono rispettivamente che la libertà personale è inviolabile e che nessuno può essere obbligato a un determinato trattamento sanitario se non per disposizione di legge. La responsabilità del sanitario (e di riflesso della struttura per cui egli agisce) per violazione dell'obbligo del consenso informato discende: a) dalla condotta omissiva tenuta in relazione all'adempimento dell'obbligo di informazione in ordine alle prevedibili conseguenze del trattamento cui il paziente sia sottoposto; b) dal verificarsi - in conseguenza dell'esecuzione del trattamento stesso, e, quindi, in forza di un nesso di causalità con essa - di un aggravamento delle condizioni di salute del paziente. Non assume, invece, alcuna influenza, ai fini della sussistenza dell'illecito per violazione del consenso informato, se il trattamento sia stato eseguito correttamente o meno. Ciò perché, sotto questo profilo, ciò che rileva è che il paziente, a causa del deficit di informazione, non sia stato messo in condizione di assentire al trattamento sanitario con una volontà consapevole delle sue implicazioni, consumandosi, nei suoi confronti, una lesione di quella dignità che connota l'esistenza nei momenti cruciali della sofferenza, fisica e psichica. Importante svolta in campo di responsabilità medica è stata data la legge 8 novembre 2012, n. 189 che ha convertito il Decreto Legge Balduzzi, n. 158/2012. La cosiddetta "colpa lieve" dell'esercente una professione sanitaria ne risulta, in certo qual senso, depenalizzata. Infatti, il dato testuale dell'art. 3, 1° co., il sanitario che nello svolgimento della propria attività si attiene a linee guida e buone pratiche accreditate dalla comunità scientifica non risponde penalmente per colpa lieve. Sulla responsabilità del medico e della struttura sanitaria, e della sua natura si tratterà esaustivamente nel corso dell'elaborato. In Italia, nonostante il problema sia sorto da tempo, e sia stato, come visto, oggetto di copiosa attività giurisprudenziale di merito e di legittimità, nonché dottrinaria, non si ha al momento, ancora un testo normativo che disciplini la materia in oggetto. L'iter normativo sul testamento biologico, in Italia ha inizio con il d.d.l. presentato al Senato (s.10) il 29 aprile del 2008 e dallo stesso approvato il 26 marzo 2009. Il disegno così come approvato è stato inviato alla Camera, che lo ha modificato il 12 luglio 2011, e da allora siamo stagnati sull'argomento, anche per la presenza di un governo cd. tecnico. Una timida ripresa, è stata impulsata dalla commissione permanente di igiene e sanità nell'ottobre del 2012. Pertanto, il giurista si deve attenere alle fonti a disposizione, e perciò, operando un raffronto di questi due testi, emerge l'allontanarsi del sistema positivo italiano - nonostante stia allineandosi all'Europa sotto molteplici aspetti - sul tema di «fine vita» non dimostrandosi ancora competitivo per la normativa europea. Si rimanda, indi alla trattazione finale per il lavoro comparatistico delle leggi in itinere.

YOL. XII NO. 1 MARCH, 1903 The Gettysburg ODereary GETTYSBURG COLLEGE GETTYSBURG, PA. T r PATRONIZE OUR ADVERTISERS ! Good Work Low Prices Publishers ol THE GETTYSBURG NEWS 142 Carlisle St., Gettysburg, Pa. JUBEIEIItf LITTLE, LTD. AMOS ECKERT Latest Styles in HATS, SHOES AND GENT'S FURNISHING .Our specialty. WALK-OVER SHOE AMOS ECKERT Prices always right The Lutheran puM$jing {lou£e". No. 1424 Arch Street PHILADELPHIA, PA. Acknowledged Headquarters for anything and everything in the way of Books for Churches, Col-leges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and devel-op one of the church institutions with pecuniary advantage to yourself. Address H. S. BONER, Supt. PATRONIZE OUR ADVERTIZERS. FURNITURE Mattresses, Bed Springs, Iron Beds, Picture Frames, Repair Work done promptly. Under-taking a specialty. * Telephone No. 97. X3Z_ IE. Eem-d-er 37 Baltimore St., Gettysburg, Pa. THE STEWART & STEEN CO. College Engravers cond (Printers 1024 Arch St., Philadelphia, Pa. MAKERS AND PUBLISHERS OF Commencement, Class Day Invitations and Programs, Class Pins and Buttons in Gold and Other Metals, Wedding Invitations and Announcements, At Home Cards, Reception Cards and Visiting Cards, Visiting Cards—Plate and 50 cards, 75 cents. Special Discount to Students. N. A. YEANY, Gettysburg College Representative. 4. §. (Spalding £ §ros., Largest Manufacturers in the World of Official Athletic Supplies. Base Ball Lawn Tennis Golf Field Hockey Official JUMetic Implements. Spalding's Catalogue of Athletic Sports Mailed Free to any Address. A. G. Spalding & Bros. NEW YORK - . CHICAGO - - DENVER - - BUFFALO - - BALTIMORE THESE FIRMS ARE O. K. PATRONIZE THEM. DO YOU KNOW WHERE The Choicest Candies, The Finest Soda Water, The Largest Oysters, The Best Ice Cream, Can be found in town? Yes, at Young's Confectionary On Chambersburg Street, near City Hotel, Gettysburg, Pa. IF YOU CALL OH" C. A. Bloeher, JemeleF, Centre Square, He can serve you in anything you may want in REPAIRING or JEWELRY. SEFTON & FLEMMING'S LIVERY Baltimore Street, First Square, Gettysburg, Pa. Competent Guides for all parts of the Battlefield. Arrangements by telegram or letter. Lock Box 257. I I. MUMPER. 41 Baltimore St., Gettysburg, Pa. The improvements to our Studio have proven a perfect success and we are now better prepared than ever to give you satisfactory work. -*■ ■*-—-"' "At" THE GETTYSBURG MERCURY. J old man lifted her up, As they both stood gazing on the white form below, Whitman said to the child : "You do not under-stand this, my dear, do you?" "No," said the child. "Neither do I, neither do I," was the answer. He loved to contemplate the questions!"children would ask. "A child said, What is the grass ? fetching it to me with full hands ; How could I answer the child ? I do not know what it is any more than he. I guess it must be the flag of my disposition, out of hopeful green stuff woven. Or I guess it is the handcherchief of the Lord, A scented gift and remembrancer designedly droppt, Bearing the owner's name someway in the corners, that we may see and remark and say, Whose ?" When he was too ill to leave his room he wanted his friends continually by his side. Whitman died March 26, 1902, and his funeral was wholly without parallel in this country. It was attended by thous-ands, yet not so much a funeral as a merry-making; not a tear fell, bright and happy were the faces. They did not rejoice in his death, but were glad that he had lived. Walt Whitman enjoyed a popularity abroad equal only to that of Longfellow. Here his popularity is intermittent, Long-fellow's constant. Whether he will be generally read, time alone will tell. Some will be repelled by the lack of rhyme and rhythm. But give his poems that excellence, you take away the force, you take away the man, and we care for rhyme and rhythm not more than for Whitman himself. His admirers have called him the American Homer ; others, Hesiod teaching us "Works and Days." There is somewhat of the Greek in Whitman, yet not the Greek of Homer nor yet the Greek of Hesiod, for he was as in-capable of pessimism as Hesiod was of optimism. He is our American Rhapsodist singing the songs of Man, of Nature and Life, of Home—a genius, let us take him as he is. THE GETTYSBURG MERCURY. THE ELECTRA OF SOPHOCLES. M. ADA MCLINN, '04. THE Greek poet Sophocles was called "The Bee" among his contemporaries because of the sweetness and smoothness of his verse. From such a writer we should expect a well-written play; and our loftiest expectations are realized after a study of his Electra. This tragic drama deals with the ill-fated house of Atreus. Agamemnon, a descendant of this house, upon his return from the Trojan war in which he commanded the Greeks, was treacherously slain by his wife Clytemnaestra with the aid of her paramour Aegisthus. Her son Orestes was also to be dispatched by some underhand means, but he is rescued by his sister Electra, who, after caring for him for many years, sends him to the court of Strophius of Phokis. He afterward visits the oracle of Apollo, where he is commanded to avenge his father's death. Both Electra and Orestes make this revenge the one aim and purpose of their lives. The story opens eight years after Agamemnon's death. Orestes has returned with his attendant to his native land. While at his uncle's court, he formed a fast friendship with his cousin Pylades and it is with his advice that all plans for ven-geance are formed. The morning has dawned bright and joyous and with it dawns a new hope. Orestes is roused to cany out the oracle's command—■ That he himself unarmed with shield or host Should subtly work the righteous deed of blood. The deed is to be carried out by strategy. News of his death will be carried to the palace, thus giving Clytemnaestra and Aegisthus a sense of freedom from their constant fear of Ores-tes; then, off their guard, they will be slain. The play naturally divides itself into four parts : First—The return of Orestes and the formation of a plan for executing vengeance. This plan forms the key-note of the play. THE GETTYSBURG MERCURY. 9 Second—The appearance of Electra before the palace, her outpouring of grief, the sympathetic answers from the chorus, the appearance of Chrysothemis, a younger sister, with offerings from Clytemnaestra for Agamemnon's grave to propitiate the dream which she had received, Electra's persuasions resulting in Chrysothemis' pouring libations on the grave with prayers for Orestes' return, Clytemnaestra's appearance and her bitter reproaches against Electra, the arrival of the messenger telling of Orestes' death, over which Electra is cast down to the depths of despair and Clytemnaestra raised to a corresponding height of joy, Chrysothemis' second appearance telling of Orestes' visit to Agamemnon's grave and of his offerings upon it, Electra's refutation of this by the news of Orestes' death, the coming of two messengers bearing the urn containing Orestes' ashes; this may be called the elaboration in preparation for the catastrophe. Third—The recognition of Orestes and Electra upon his revealing his identity, their joy in meeting and their discussion of vengeance. Fourth—The conspiracy against Clytemnaestra and Aegis-thus resulting in their death, thus freeing the house of Atreus from its curse as expressed in the closing lines of the chorus: O seed of Atreus, after many woes, Thou hast come forth, thy freedom hardly won, By this emprise made perfect ! The play throughout is characterized by great feeling. The plot is so well carried out that the interest of the reader is con-stantly sustained. There are some phases of the play which call forth our in-dignation; for example—Clytemnaestra's hatred of her son and daughter, her joy over the announcement of her son, Orestes' death, Electra's life-consuming passion for revenge, her seem-ing delight and satisfaction when the murder of her mother and Aegisthus takes place, and Orestes' performance of the murder; but the Greek idea of vengeance was that of a relig-ious duty and a man received commendation for executing it. IO THE GETTYSBURG MERCURY. The heroine and strongest character of the play is Electra. For force of will, persistence of purpose, and thirst for ven-geance she has not been surpassed among womankind. Yet counterbalancing the sterner side of her nature is her tender care of Orestes when he was a child, her love towards him, her great joy at meeting him, and her pleasure upon recognizing the faithful old pedagogue. Her tendency to extremes of despair and joy is shown in the following lines: and "Ah me ! I perish utterly. All is lost !" 'O blessed light! O voice ! And art thou come?" The former, uttered when she thought Orestes dead; the latter when she recognizes his living presence. Sophocles thoroughly understands the art of making his readers acquainted with his characters. One feels as if he were living with them. When Electra is sad, we are sad, and we sympathize with her as did the chorus. Her lot was indeed a hard one. For those many years she had waited for the exe-cution of vengeance, while, in the mean time, she had to live in the same building with those whom she despised, to see Aegisthus established in her father's place, and, to all appear-ances, prosperous and happy, to be deserted by all friends, and at last to hear of the death of Orestes, the one in whom she centred all her hopes. Still with a courageous spirit, she sug-gests to Chrysothemis that they together do the deed. Orestes enters the play as a means for revenge. The interest is so constantly with Electra that one is interested in him only in his connection with Electra and in his fulfilment of her wishes. He shows an obedient spirit in his regard for the pedagogue's advice and a stern sense of religious duty in his regard for the oracle's command. His love and compassion for his sister in her neglected condition is expressed between the lines, as it were, in these words of recognition: "Is this Electra's noble form I see? Alas, alas, for this sad lot of thine !" . r THE GETTYSBURG MERCURY. II In the same degree that we sympathized with Electra, we hate Clytemnaestra. Her heart is black and sinful and in all her words we must condemn her. She appears specially obnoxious when she receives the news of Orestes' death, and how we must loathe the feeling of satis-faction she exhibits when she says: "Now, for all her threats, We shall live on and pass our days in peace." With the same feeling of detestation we regard Aegisthus and we give our assent when his murder takes place. The irony of the conclusion is fine. We can feel it in all that is said and done. Sophocles has fairly painted before our eyes the picture of the scenes. For example, when Aegisthus removes the cloth from the face of Orestes, as he supposed, and finds Clytemnaestra, his wife, dead and cold, we can hear him say: "Oh, what sight is this?" Chrysothemis, the sister of Orestes and Electra, is a minor character, introduced to bring out by contrast with her weak-ness the great strength of Electra's character. The play contains many fine monologues. The attendant's description of the chariot-race is so real that one can see the contestants as: "With sound of brazen triumph, They started. Cheering all their steeds At once, they shook the reins, and then, The course was filled with all the clash and din Of rattling chariots, and the dust rose high ; And all commingled, sparing not the good, That each might pass his neighbor's axle-trees, And horses' hot hard breathing," The gods are clearly recognized but are kept in the back-ground. They control the acts of men, and great confidence is placed in them as shown in the words of the chorus: "Take heart, my child, take heart; Mighty in heaven he dwells, Zeus, seeing, guiding all." 12 THE GETTYSBURG MERCURY. THE EVOLUTION OF PERSONALITY. E. B. HAY, '03. HAVE you ever stopped, in the turmoil of your busy life long enough to think that you are a person: that is( I mean—to realize that you are more than an individual, a mere unit among the myriads of humanity ; that, on the other hand, you are unique, no other being has been just like you, and all eternity will fail to reproduce your personality ? If you have ever meditated thus, or if you have attempted to solve the question : What is implied by the word personality ? you have doubtless been staggered by the immensity of the problem before you. There are terrestrial bodies of water which have never been fathomed. Men have been able to obtain some idea of their great depth, however, by the very futility of their attempts to gain more exact knowledge. So, in our consideration of per-sonality, we may but hope to sound its depths for a further rev-elation of their vastness. It is not my intention to trace out the lines of distinction in personalities which lead to the many interesting variations among humanity; but, to present an outline,in accordance with modern scientific views, of the vast movement through which an unceasing energy has evolved from an original chaos the complexity of system to which we to-day give the name of petsotiality. We cannot but approach our discussion in reverence, realiz-ing that none but the great Creator and Preserver of this mighty universe knows, or perhaps ever will know the exact course through which a terrestrial being, man, came to be but a little lower than the angels, "to have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth." "Man proposes, but God disposes." God has disposed, and now man would propose. Made in the image of his Creator, man seeks to understand the divine plan. He would study and interpret the laws of God. THE GETTYSBURG MERCURY. 13 As the finite cannot comprehend the infinite, so can man, of himself, never reach a perfect solution ol the methods and laws of his Creator. One law, that of his own heredity, has, how-ever, long been of paramount interest to man, and more es-pecially to the inquisitive Aryan. Theory upon theory has been advanced and accepted. Each has its flaws and breaks of evidence. Any discussion of our topic, however, must be based upon some one of these theories, and so I have chosen the great generalization of to-day's scientific thought; namely, "the genetic unity and unbroken development of the whole realm of nature, to which we also belong." Scientists tell us that organic and inorganic forms were orig-inally one.the organicbeingahigher development of the inorganic. They further make mind the consummate flower of organic life. Hence we would complete the vast development of nature in the final fruitage of personality, saying with Drummond that "to withdraw continuity from the universe would be the same as to withdraw reason from an individual." In the first place, we shall trace a development from an original unity of matter to a separation of i?idividual iorms ; in the second, an advance in these individual forms from their primal simplicity to a marked complexity ; and finally, we shall attempt to show that the consummation of the universal im-pulse to.individualization is personality. Consider, then, a period probably thousands of millions of years ago, when space was occupied by a diffused nebulous material, where the ultimate atoms were the only definite struc-tures. Out of this seemingly infinite and formless deep the nebulae settle into various individual aggregations. The move-ment is universal, and as this primitive matter assumes individ-ual forms it also takes on certain functions, and gradually great solar systems evolve. Our own earth, a vast whirling mass of nebulous matter, gradually contracts and assumes still more complicated functions as it falls into motion about a similar though much larger aggregation of matter. Turning our atten-tion now solely to our own sphere and passing by ages in its formation, we reach the highest form of distinctive character in 14 THE GETTYSBURG MERCURY. its inorganic development when the crystal first makes its ap-pearance. Now, we first have a clear and substantial prophesy of those higher forms of individuality which are to follow. Each crystal has a well defined and a generally symmetrical form. Under the action of the crystalizing force, it may take up new materials and rebuild itself, a property commonly at-tributed only to organic forms. But who shall trace further the course from the greatest in the kingdom of the inorganic to the least in the kingdom of the organic ? Indeed La Conte tells us that "conditions necessary for so extraordinary a change could hardly be expected to occur but once in the history of the earth." Thus far, we have traced a great impulse leading from unity to individual forms; now, we would look at the more complex outgrowth as we find individuality developed by the throb of life. Following nature then in her continuous course, which we may so nearly yet not clearly establish at this point, we note that she starts on her more perfect individualization by the forming of a cell. Now, for the first time, a formation of na-ture has the capacity to perpetuate itself. Too much stress cannot be laid upon this advance from, or as scientists would say, through the inorganic to organic forms, in nature's develop-ment towards the more complex existence. The fundamental properties of life, assimilation, growth and reproduction, are now active, and it is but a question of time till these cells multiply and are organized under different environments into the intri-cate forms of plant and animal life. The next great step in the evolution of complex individuality is achieved in the gain of sentient power. It were indeed a difficult task to form any sharp distinction between the awaken-ing animal sentiency and the sensitiveness of some plants. But, in the animal world we find sensitiveness specialized and developed in and with more or less acute nervous organization to the resultant varying degrees of animal intelligence. From the lower forms of animal life, where nature seems to care not for the individual but only for the species, we find her interest THE GETTYSBURG MERCURY. 15 apparently increasing with the advance in sentiency. All things seem to work together for good to the individual, as we ascend the scale of animal intelligence. And finally, after a seeming perfection has been reached in the physical organiza-tion of the individual, this sentient energy continues to advance and develop in complexity. But, now having considered two phases of the vast move-ment to individuality, you may wonder what all this has to do with personality. It will have either little or much to do, ac-cording as we accept the "supernatural descent of mind into matter, or the theory of its natural ascent through the develop-ment of matter." Incidentally, I may say, that though in some circles the Creator is still grudged his own universe, yet, the thoughtful naturalist finds as much manifestation of divine power and wisdom in the controlling and gradual evolution of forces, as in their terrestrial introduction by special creative acts, breaking in upon the continuity of the universe. If we accept the modern scientific hypothesis of evolution, the steps just traced are of vital importance. For somewhere in this great movement toward the perfection of individual types, must have gradually evolved a part so far transcending "dying nature's earth and lime" as to admit of no comparison or analogy with this baser foil of its glory. In the words of Newman Smyth, the scientist regards personality as "a specialization of a spirit-ual element and energy which was in the beginning and which has ever been pressing to revelation throughout the whole evolution." So, rather than pick up an uncertain thread from its midst, we have traced from the beginning this vast process of the ages, this propagation of a mighty impulse, to its con-summation in personality. What an elevated position do we, then, as persons, hold in this grand upward moyement through formative cycles ! For, "now are we the sons of God, and it doth not yet appear what we shall be." Who can believe that this implanted image of the Creator shall be consigned eternally to its native dust, or who shall say that the travail of the ages has been for a be-ing whose days are as the grass, as a flower of the field ? ■ *fl! 16 THE GETTYSBURG MERCURY'. Shall the dissolution of our earthy frame, which has long since become subject to the higher power within, mean the cessation of the mighty evolution, which has made us persons, or shall we not, giving dust to dust, free these personalities from every weight which doth so easily beset them, and continue the "rand march of time amid celestial harmonies ? THE PHILOSOPHERS. They are presumptuous systems that we raise To compass life's last miracle and frame The glory with its source, forging a name Exhaustive of the meaning of our days. Is there no peace among sweet finite ways— No rest forever from the inward flame Of troubled question over chance or aim, Real and unreal, and what's to blame or praise ? Can we not wait, patient with life'awhile, Somewhat content to speak the given word, Go the appointed way, and ask no more— Then, if the work be done, with quiet smile, When in our darkened house the voice is heard, Pass silently with Death through the last door?—Ex. ' ■ ' *ft-lm't *-. THE GETTYSBURG MERCURY. 17 A CHARACTER SKETCH OF CECIL RHODES. ABDKI. R. WENTZ, '04. ALMOST a year has elapsed since the death of Cecil Rhodes, familiarly known as the South African "Colos-sus," and the press has not yet ceased to publish discussions of the man's character. Few had more zealous friends; none have had more bitter enemies. And yet his most devoted friends found in his character some undesirable traits, and his most positive enemies recognized some merit. It will be in-teresting, therefore, to attempt to understand his real character and to ascertain the moral of his marvelous career. Cecil Rhodes was born in 1853, in Hertfordshire, England, in the impecunious condition of the younger son of a country parson. He was unaided by birth, fortune, or any other outside agency. From his parents he received no position, no money, nothing except clean and gentle breeding. His early life at home and at grammar school afforded no indication of genius. It was intended that he should enter the ministry and so he was sent to Oxford University. But a decline in health was soon noticed and his physicians confidently foretold his death of con-sumption. In the hope of prolonging his life for a few years he went to South Africa where his older brother was living. For a while he assisted his brother in diamond-digging, but he soon went into the industry for himself and great success attended him. In the meantime his health was greatly im-proved by the pure, dry air of the African veldt and he was able, both financially and physically, to return to Oxford during the dry summer months and continue his course of study. This he did year by year, always returning to South Africa in the Fall, and finally in 1881, nine years after he had matricu-lated, he was graduated from the University. By this time he had laid the foundation for a large fortune in South Africa. He succeeded in having the law repealed which provided that one person could hold only one diamond claim. The new law permitted a man to hold ten claims, and it was soon discovered 18 THE GETTYSBURG MERCURY. that Rhodes held ten. This new law was also repealed after a short time. Then began the speculation in buying and selling claims, and presently he found himself one of three interests con-trolling the entire diamond field. And this number soon dimin-ished to two. Then came the amalgamation, with Cecil Rhodes as the amalgamator, and the colossal De Beers Diamond Min-ing Company as the product. By this he was enabled to create a monopoly, control the diamond market, and amass his millions. In this respect he was the forerunner of J. P. Mor-gan. The next step in his wonderful career was to enter the Parliament of Cape Colony. He soon became the most pow-erful man in the politics of South Africa; and this distinction he continued to enjoy until his death on March 26, last. In order to understand the motive which actuated his won-derful career it may be well to consider for a moment the course of reasoning by which he determined what should be the aim of his life. In the course of his studies in Greek at Oxford University he chanced upon Aristotle's definition of virtue as the "highest activity of the soul living for the highest object in. a perfect life." This he interpreted to mean that every person should have an object in life sufficiently lofty to make it worth while to spend a lifetime in the endeavor to ob-tain it. The object had not yet been determined in his own life, and so he began to reason with himself in the endeavor to find the aim sufficiently lofty to justify him in dedicating his life to it. First he considered the matter of accumulating wealth. But what is wealth ? From the experience of the men about him who had made the amassing of wealth the chief aim of their lives he concluded that wealth as an end in itself was only a source of care and anxiety. People spend part of their lives in making money and the rest in taking care of it. This, Rhodes decided, could not by any means justify the expendi-ture of one's life. Then he considered politics. But what is the highest round in the political ladder? In his case it was the premiership of Cape Colony. And what sort of life is that of a premier ? Now THE GETTYSBURG MERCURY. 19 in office and now out; constantly dependent upon the good will of the voters. Surely, this was not the proper goal for his life. Then he turned to religion. He had always admired the career of Ignatius Loyola. But then Rhodes felt that he could scarcely accept any religious creed. Every excavation in Pal-estine revealed some new fact which to him seemed to prove the Bible untrue. The Catholic beliefs came nearest to his, but he was sure there was no hell, and how then could he devote his life to serving the Catholic Church ? So he concluded that religion was not to be the field of his life work. Then he went deeper. In religious views he was decidedly agnostic. He always held that there was a 50-per-cent chance that there is a God. So he continued his reasoning thus: "If there be a God, of which there is 50-per cent chance, it is all-important that I should do what he would have me do." Then again, "If there be a God, and if he is concerned at all about what I do, it is safe to say that he would have me do what he himself is doing, to propagate his own work." From this arose the question, "What is God doing ?" Then he set about discovering the divine plan. In the first place the divine plan whatever it is must be universal. God cares for all. Whatever instrument he is using therefore must be in-fluencing the whole race of man. Now Rhodes was a strict believer in the Darwinian theory of evolution. He believed in the survival of the most capable species. And in the pro-cess of perfecting the race of man by the elimination of the least capable, he recognized the "struggle for existence" as the instrument of the divine Ruler. And in the struggle for exist-ence the white race, beyond a doubt, had been the most cap-able. Moreover, taking as standards of human perfection, the three great principles of Justice, Liberty, and Peace, he unhesi-tatingly concluded that it is the English-speaking race that is most likely to secure universal justice, all-pervading liberty, and world-wide peace, if these are to be secured at all. And the conclusion of the long train of reasoning was "that the highest practical idea was to work for the unity of the English-speaking 20 THE GETTVSBUKG MERCURY. race, in order that, being united, it might extend over all the world the beneficent influence which this race exercised for Justice, Liberty, and Peace among the inhabitants of this planet." This, then, was the guiding principle of his life—internation-al amity and the unity of the English-speaking race. And Rhodes thought that in order to wield any considerable influ-ence in that direction, he must have wealth. "What is the use," he said, "of having grand projects if you lack the money to back them ?" and so he proceeded to acquire wealth, solely with a view to extending the British Empire and thus the Eng-lish- speaking race. His money was never spent for selfish ends. His personal needs could have been covered by a clerk's income. Though king of the diamond mines, he never wore a single one of the precious gems upon his person. He never changed the simple tastes which he had acquired at the coun-try parsonage. He was unconventional to the extreme. As prime minister of Cape Colony he wore the worst hat in the as-sembly. His aristocratic friends in London were compelled to be ashamed of him when he visited them. True, he had a fine house, but it was for the entertainment of others. He never had many fancy pictures; not because he could not appreciate the art, but because he considered the money spent uselessly. "I could build so many miles of railroad for such a picture," he would say. And so it was in all his financial relations; his money was to be used solely upon the object for which he was living. To him nothing seemed more abhorrent than the clogged and impotent discomfort of the ordinary millionaire. He considered it a positive injustice for a man to leave his chil-dren so much money as to enable them to go through the world with folded arms. His life-aim required money for its accomplishment, and for that reason he amalgamated the diamond out-put of the world, thus arming himself with the chosen weapon of the day. Moreover, Rhodes realized that political influence would help him to obtain his life-object. He entered the Parliament of Cape Colony and was soon raised to the highest office in the THE GETTYSBURG MERCURY. 21 Cape government, the premiership. This influence he began to wield to the end that "as much of the map of Africa as possi-ble might be painted British red," as he himself put it. Terri-tories, one after the other, were added to British dominion. It is true, too true, that the means which he used to bring about these results were in many cases questionable. Even his most admiring friends are compelled to admit that he was unscrupu-lous in his methods. He knew no code of political morals. He did not hesitate to do anything which would help bring about the object for which he was spending his life. He wanted to extend the British empire, and to this end he bent all his en-ergies, whether by deceiving the ignorant Boers or by juggling the laws of the different governments. And it has been calcu-lated that he carried the British flag over a territory nearly as great in extent as British India. But there was one great hindrance to the carrying out of Rhodes' idea of a confederated South Africa, and that was the existence of the two independent Dutch republics known as the the Orange River Free State and the Transvaal. Accordingly he began to form deep-laid plans to bring them under British dominion. The notorious Jameson raid was the result. The facts of the raid, to be brief, are these : A large mining popu-lation composed in great part of foreigners had gathered in those districts. In order to overthrow the Dutch government and acquire the country, Rhodes had his agents to build up secret organizations among the foreigners in Johannesburg, the capital city of the Transvaal. It was planned that upon an appointed day these foreigners, or "Uitlanders" as the Boers called them, should cause an uprising under some feigned pre-text and precipitate a revolt against the government. The Uitlanders were to be assisted from the outside by the invasion of a small body of troops under the command of Dr. Jameson, Rhodes' right-hand man. It is a well-known fact that the raid failed. The Boers were apprised of the plot; the foreigners refused at the last moment to act and Jameson and his men were ignominiously captured by the Boers. It was this Jameson raid which precipitated the Boer war, so disastrous to all par-ties concerned. 22 THE GETTYSBURG MERCURY. This was the turning-point in Cecil Rhodes' career. The Boers, among whom he had been very popular previous to the raid, and by whose votes he had become premier, now became his bitterest enemies; for he had betrayed them. The English government renounced all connection with Rhodes. The whole world called it an outrage. He was compelled to resign the premiership, and it is said that his friends noticed that in a few days following the failure of the raid his hair became whiter and the lines about his mouth and eyes deepened. This was the one gross blunder of his life, the one dark spot upon his character which to some seems so dark as to cover with a shadow the better qualities of the man. Cecil Rhodes was a millionaire with an imagination ; he did not hold his money-bags on his head and allow them to crush out his brains. He was philosophic and reflective in mind ; and in his entire foreign policy his strength and victory lay in his vision of what the other side desired and how they hoped to achieve it. He was a great reader although he did not have a very large library. One of his favorite books was Gibbon's "Decline and Fall," and this probably gave him many thoughts upon his life-aim. In Parliament he was a very effective speaker but not what we would call eloquent. He was a lover of natural scenery, as is shown by the selection of the sites of his buildings and of his burying place. His remains are en-tombed in the midst of picturesque mountain scenery. In the will of this great man we see again his immense wide-ness of view. His bequest of $10,000,000 to Oxford Univer-sity has provoked much discussion here in America. But it is not the bequest which concerns us so much as the conditions which the bequeather attaches to it. The will provides that the $ 10,000,000 shall be applied to scholarships apportioned as follows: Two to each of the self-governing colonies of Great Britain, five to Germany, and two to each State or Ter-ritory in the United States. The will also provides for a very unique method of choosing the students, and states that the object of the scholarships is to educate together the future leaders of the three great countries, and thus "secure the peace of the world." It is not necessary to consider here whether THE GETTYSBURG MERCURY. 23 the scholarships will really secure "the peace of the world," nor yet whether they will probably benefit America or not. We need but to note the largeness of the scale upon which Cecil Rhodes laid his plans. He thought in continents; and this is only one of the many schemes which he devised to bring about his favorite idea of the unity of the English-speaking race. Rhodes always felt that life was too short to achieve much ; he was too eager to see his objects accomplished. And his last words were, "So much to do ; so little done." Surely few men present such great complexity of character. He was "ruthless in the pursuit of gain, and caring nothing for gold ; cursed as the cause of the war, yet looking to the reign of universal peace." To some he is known as the author of the South African war, the plunderer of inferior races, and the personifi-cation of greed ; to others, as a poet who confined his energies to deeds. By some he is called the Napoleon of South Africa; by others, the South African Colossus. Whatever can be said concerning Cecil Rhodes, it must be admitted that he pro-duced a lasting impression upon the world's destinies. 24 THE GETTVSBURG MERCURY. SALAMIS AND PROGRESS. BERTRAM STROHMEIER, '06. TTpROM the earliest dawn of history, even from the ages *■ shrouded in the gloom and mist of antiquity, now being rescued from oblivion through the discovery of broken inscrip-tions, and crumbled cities, even to the present day, down the . centuries has flowed almost unceasingly a crimson flood fed by a myraid of battlefields. Mars has revelled to his heart's con-tent in his infernal sport. And when we consider the useless carnage and frightful slaughter that has followed men's differ-ences in oftentimes trivial affairs, it would seem that some treacherous spirit does stir up men's hellish passions just to ap-pease an ungovernable desire. But here and there dropped in the path of Time, unwittingly and unrecognized at fir^t, we find a battle, that in the light of subsequent events proved a boon to mankind, and marked an epoch in the progress of civilization—a battle terrible as a thunder-storm, yet, like iti grand, awe-inspiring, even sublime—a battle not between men alone nor yet between nations, but a struggle between ideas and principles—a battle not for one man, nor for one people; not for one age; but a battle for all people, for all time. Salamis was such a battle. As Balboa paused on the mountain height to recover from his great astonishment, and to take in and more fully under-stand the panorama that suddenly burst upon his vision, when first he beheld the calm Pacific, before plunging down the rockyway to plant the flag of Spain in its waters, so let us pause and take in the historical panorama before entering into the consideration of this world famed battle. Persia is the all-supreme ruler of the East. 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Desde su vuelta a la presidencia de Brasil en enero de 2023, la primera prioridad de la política exterior de Luiz Inácio Lula da Silva ha sido reconstruir la política exterior regional del país y recuperar la confianza de sus socios latinoamericanos y de las organizaciones internacionales. Sin embargo, ello acontece en una coyuntura internacional compleja –como las guerras en Ucrania y la Franja de Gaza– poco favorable a posiciones de neutralidad y autonomía.El Gobierno de Lula sitúa de nuevo a Brasil al lado de los países emergentes, adoptando una política hacia Asia Pacífico que cambia la jerarquía de prioridades externas a favor de China y otros países BRICS. Sus posiciones revisionistas frente al orden internacional causan tensiones en las relaciones con Occidente, aunque el pragmatismo evita la confrontación directa. Tras asumir por tercera vez la presidencia de Brasil el 1 de enero de 2023, Lula da Silva proclamó: «Brasil está de vuelta» y muchos líderes mundiales le aclamaron esperando que retomara el compromiso con el multilateralismo tras el periodo de retraimiento del Gobierno de su predecesor Jair Bolsonaro (2019-2023). Sin embargo, el inicio de su mandato estuvo marcado por el asalto a las instituciones, en la Plaza de los Tres Poderes (Brasilia) el 8 de enero de 2023, por parte de seguidores radicales de su contrincante electoral. Este episodio fue un reflejo de la polarización y la crispación social que ha dominado la vida política brasileña durante la última década, desde la destitución de la presidenta Dilma Rousseff en 2016. En este contexto, la prioridad de la agenda del Gobierno Lula en su primer año ha sido tratar de rebajar la tensión social y hacer frente con recursos limitados a los problemas socioeconómicos internos, aunque su vocación multilateral y voluntad de liderazgo en el plano de la política exterior han seguido presentes en su ADN. La presidencia rotatoria del G-20 en 2024 le dará la oportunidad de demostrarlo. Muchos han sido los factores que han alterado el mundo en los 12 años transcurridos desde el último mandato de Lula. El denominado Sur Global, en el que se inserta Brasil, ha evolucionado: es más diverso y también más fragmentado. Además, las pugnas entre China y Estados Unidos han reducido el margen de maniobra y no es fácil mantener el equilibrio entre las fuerzas que están reconfigurando el orden internacional en un mundo menos previsible y más conflictivo. La invasión de Ucrania por parte de Rusia y la contundente respuesta bélica de Israel a los ataques de Hamás en la Franja de Gaza han complicado la posición de Brasil entre el Norte Atlántico y el Sur Global, en su apuesta por la no alineación ante situaciones que claramente vulneran principios del ordenamiento internacional, como los de no agresión y el derecho humanitario. Tampoco en su entorno tiene fácil la reactivación de la cooperación regional fracturada. Es difícil prever qué efectos tendrá en el Mercado Común del Sur (MERCOSUR) la inestabilidad de la Argentina de Javier Milei, dada su apuesta por el unilateralismo y su bajo compromiso regional; además, sentar al nuevo mandatario junto al presidente venezolano, Nicolás Maduro, para refundar la Unión de Naciones Suramericanas (UNASUR) no va a ser tarea fácil, por no decir imposible. Asimismo, la sombra de un posible conflicto ente Venezuela y Guyana por el territorio del Esequibo pone a prueba las dotes de mediación de Lula y sus intentos de revitalizar la Comunidad de Estados Latinoamericanos y Caribeños (CELAC). Recuperar el multilateralismo activo: continuidades y cambiosReconstruir la política exterior regional y global, tras la salida de Brasil de foros clave, o asumir los compromisos financieros con Naciones Unidas, previamente abandonados, así como recobrar la confianza de los socios y organizaciones internacionales, entre otras iniciativas, han ocupado la agenda del nuevo Gobierno de Lula desde los primeros meses.En el plano regional, el mismo enero de 2023, Brasil retornó a la CELAC y, en mayo de ese año, trató de reactivar la UNASUR en una cumbre celebrada en Brasilia. A nivel global, a finales de 2023, concluyó el período bienal de Brasil en el Consejo de Seguridad de Naciones Unidas para el que había sido elegido por undécima vez. Además, en noviembre de 2024, Rio de Janeiro será la anfitriona de la cumbre del G-20 y, en noviembre de 2025, se celebrará en Belém do Pará la 30ª conferencia de las partes (COP30) de la Convención Marco de las Naciones Unidas sobre el Cambio Climático (CMNUCC). Así, el tercer mandato de Lula refleja la continuidad de «la política exterior altiva y activa» que había liderado el ministro de Exteriores Celso Amorim, hoy asesor especial en asuntos internacionales, durante sus dos primeros mandatos. Junto con el actual canciller, Mauro Vieira, que ya lo fue en la presidencia de Dilma Rousseff, ambos garantizan la continuidad de una política exterior universalista y autonomista. Su objetivo es otorgar a Brasil un papel protagónico en el Sur Global mediante el regionalismo y el multilateralismo, a través de la diversificación de socios y abandonando el alineamiento del anterior Gobierno Bolsonaro con la Administración estadounidense de la era Trump.Una constante de todos los mandatos de Lula ha sido la diplomacia presidencial. Al finalizar sus ocho años de gobierno en 2011, se había convertido en el presidente más viajero de la historia de Brasil, lo que puede repetirse, al ejecutar gran parte de la política exterior del país. En 2023, ya se ausentó por un periodo equivalente a dos meses para visitar 24 países a partir de quince viajes (véase la tabla 1). La primera visita en enero de 2023 fue, siguiendo la tradición, a su aliado estratégico, Argentina, entonces gobernada por Alberto Fernández, un presidente ideológicamente afín. En Buenos Aires también participó en la Cumbre de la CELAC tras años de ausencia. Su siguiente estación fue la visita oficial a Estados Unidos, en febrero de 2023, seguida de viajes a China y a España y Portugal en el mes de abril.







Estos viajes muestran las prioridades geográficas de Brasil, enumeradas por el canciller brasileño Mauro Vieira en su discurso de toma de posesión (véase la figura 1): en un primer círculo figura el regionalismo centrado en el MERCOSUR, la UNASUR –a la que Brasil se reincorporó en abril de 2023– y la CELAC; en un segundo círculo encontramos la cooperación Sur-Sur con Asia Pacífico, el grupo BRICS (Brasil, Rusia, India, China y Sudáfrica) y África; en un tercero las relaciones bilaterales con socios clave como Estados Unidos, China o la Unión Europea (UE); y todo ello englobado en el multilateralismo, incluyendo el G-20, la Organización Mundial del Comercio (OMC), el sistema de Naciones Unidas, en general, y la Organización para la Cooperación y el Desarrollo Económicos (OCDE), con la cual Bolsonaro había iniciado conversaciones para adherirse en 2022.







Sin embargo, Brasil hoy cuenta con menos recursos financieros para su proyecto exterior, tras el fin del boom económico de las materias primas en 2013 que fue seguido por un declive económico exacerbado por la pandemia de la COVID-19 y una recuperación muy lenta. En 2020, Brasil entró en recesión (-3,3% del PIB) con una pérdida de un -23,3% del PIB per cápita hasta estabilizarse en 2022 al nivel de 2010. Por todo ello, el país bajó en la jerarquía económica, representando en 2022 solo un 2,04% del PIB mundial, menos de la mitad del PIB de Alemania (con una población de 82 millones frente a los 203 millones de Brasil). Si en el primer mandato de Lula da Silva (2003-2007), el gigante sudamericano había llegado a ser la séptima economía del mundo, en 2023 se situaba en una novena posición, subiendo 2 puestos desde el año anterior. Además, como la agenda exterior también es entendida como un instrumento para promover el desarrollo nacional, de ahí la priorización de la Agenda 2030 de los Objetivos de Desarrollo Sostenible (ODS). Brasil ante un contexto internacional conflictivoLula tiene que lidiar con una coyuntura internacional compleja y poco favorable a las posiciones de neutralidad y autonomía que caracterizaron sus gobiernos anteriores. Por una parte, está la creciente rivalidad entre China y Estados Unidos y, por la otra, el aumento de la hostilidad de Occidente frente a Rusia a causa de la guerra en Ucrania. Con ambos países Brasil mantiene una alianza a través de los BRICS y, además, China es su principal socio comercial. Las guerras en Ucrania y la Franja de Gaza han revelado que Lula da Silva se alinea con posiciones críticas del Sur Global, no coincidentes con las de Estados Unidos y la UE. A finales de 2023, Brasil terminó sus dos años en el Consejo de Seguridad iniciados con el Gobierno Bolsonaro que, en marzo de 2022, había votado a favor de la condena de Rusia por la invasión de Ucrania en la Asamblea General de Naciones Unidas. Sin embargo, Bolsonaro había visitado a Putin en Moscú días antes del ataque, reiterando la neutralidad de Brasil en la crisis, algo en lo que Lula coincide. La negativa de este a apoyar a Ucrania, así como su rechazo al envío de armas, junto con unas polémicas declaraciones en las que atribuía la responsabilidad de la guerra a ambas partes por igual, provocaron las críticas del presidente ucraniano Volodímir Zelenski y de otros líderes occidentales que le acusaron de no distinguir entre víctima y agresor. El apoyo posterior a las propuestas de plan de paz de China, en su visita de abril de 2023 a Beijing, se interpretó como un apoyo al mayor aliado de Moscú. Esto, junto con la crítica a Estados Unidos y la UE por alimentar la guerra con armas y el rechazo de las sanciones a Rusia redujo el entusiasmo de los socios atlánticos por el regreso de Lula al escenario internacional. Y aunque la matización de algunas de sus declaraciones –como condenar la agresión, su propuesta de crear un grupo de países neutrales para hablar de paz, así como la reunión bilateral entre Lula y Zelenski, en otoño de 2023 durante la reunión de la Asamblea General de Naciones Unidas, y el posterior rechazo en mayo de la propuesta de Putin de que visitara Rusia– calmaron algunas tensiones, no limaron asperezas con Estados Unidos y la UE. De momento, su iniciativa del grupo de países neutrales ha encontrado pocos seguidores y el propio Lula ha reconocido que no se dan las condiciones para la paz.Más contundente está siendo la política de Brasil respecto a la guerra en Gaza. En octubre de 2023, tras el ataque del día 7 de Hamás a Israel y la respuesta bélica de este, Brasil presentó ante el Consejo de Seguridad una resolución crítica con Israel que, a pesar de ser apoyada por 12 países, fracasó por el veto de Estados Unidos. En diciembre, Brasil apoyó la propuesta de Sudáfrica, ambos aliados en los BRICS, en su denuncia a Israel ante la Corte Internacional de Justicia (CIJ) de Naciones Unidas por el «genocidio» en Gaza. Al respecto, Brasil se solidariza claramente con Palestina, donde abrió una Embajada en 2004 durante el primer mandato de Lula, quien es favorable a la solución de los dos estados. Esta propuesta va en la línea expresada por la UE a través del Alto Representante para Asuntos Exteriores y Política de Seguridad, Josep Borrell, pero colisiona con el apoyo de Estados Unidos a Israel. Cabe recordar que, en diciembre de 2010, Brasil había reconocido el Estado de Palestina con las fronteras anteriores a la Guerra de los Seis Días de 1967 y se había pronunciado a favor del ingreso de Palestina en organizaciones internacionales; una posición que contrastaba con la de Bolsonaro, quien había abierto una oficina comercial en Jerusalén alineándose con la Administración Trump. Brasil y el regionalismo fragmentadoCon Bolsonaro, Brasil se retiró de varias instituciones regionales que se habían creado durante los mandatos anteriores de Lula, como la CELAC, de la que se ausentó en protesta por la participación de regímenes autoritarios como los de Venezuela y Nicaragua, o la UNASUR, de la cual se alejó en 2019 junto con la mayoría de los países miembros por el bloqueo al que la habían sometido Venezuela, Bolivia y Ecuador al impedir el nombramiento del único candidato a secretario general. Así, recuperar el liderazgo regional ha sido una de las apuestas de Lula desde su vuelta, pero los resultados de las últimas elecciones en su vecindario muestran un giro a la derecha que dificulta los consensos. Incluso ni todos los países con gobiernos de izquierda están dispuestos a respaldar a regímenes autoritarios como los de Venezuela o Nicaragua. Respecto a la CELAC, esta organización puede sortear las tensiones porque es un foro de diálogo con pocas implicaciones prácticas, pero no ocurre lo mismo con la reconstrucción de UNASUR, a la que Brasil regresó en 2023. Uno de los principales objetivos de este espacio es fomentar la confianza y la resolución de conflictos; sin embargo, rotos los consensos sobre los principios democráticos, es poco probable que pueda ser una institución de mediación efectiva. Lula podrá defender la no injerencia en los asuntos internos, pero difícilmente se puede sostener la coherencia entre encarnar la defensa de la democracia en su país frente a los bolsonaristas y mirar a otro lado cuando se violan los derechos humanos en países vecinos. El número de regímenes autoritarios en la región ha aumentado y se puede producir un efecto dominó si empiezan a normalizarse los discursos antidemocráticos, militaristas y ultranacionalistas. Las amenazas de Venezuela a Guyana para anexionarse el territorio en disputa del Esequibo, que está siendo objeto de examen por la CIJ, son otro punto de tensión en una región que se autodefine como una zona de paz. Además, Maduro ha vuelto a dar muestras de su nulo compromiso con la celebración de unas elecciones presidenciales competitivas en 2024, al inhabilitar a la candidata de unidad de la oposición.También MERCOSUR enfrenta dificultades tras la elección de Javier Milei como presidente de Argentina con su programa ultraliberal, ideológicamente cercano a Bolsonaro y muy distante de Lula, quien no acudió a su toma de posesión. La compleja situación económica de Argentina afectará la cohesión en el bloque, y las políticas de choque que pretende aplicar Milei pueden elevar aún más la conflictividad política y social del país. Asimismo, el bloqueo de las negociaciones comerciales con la UE y otros socios puede incrementar las tensiones internas con miembros que están dispuestos a iniciar negociaciones bilaterales si no se avanza en el plano regional. La relación con China, los BRICS y el Sur Global.El Gobierno de Lula sitúa de nuevo Brasil al lado de los países emergentes, adoptando una política que escora la jerarquía de prioridades externas a favor de China y los BRICS. En un escenario internacional conflictivo y binario como el actual, ello va en detrimento del viejo eje transatlántico, que pasa a un segundo plano. Ya en los dos primeros mandatos de Lula se abrieron 30 embajadas en África, se organizaron cumbres con Asia y África, se creó la Agencia Brasileira de Cooperación (ABC) y se estrechó la cooperación económica y política con los cuatro socios del BRICS. En la actualidad, Brasil comparte con China un cuestionamiento del vigente orden internacional, por lo que la alianza con los BRICS lo aleja de sus socios atlánticos. La reciente ampliación de los BRICS con Arabia Saudí, Emiratos Árabes, Irán, Egipto y Etiopía, hace que Brasil se acerque cada vez más a socios iliberales. El intento brasileño de incorporar a Argentina se esfumó con la elección de Milei y se agudiza la composición autocrática del bloque. Asimismo, el Nuevo Banco de Desarrollo (NBD) creado por el grupo –hoy presidido por la expresidenta Dilma Rousseff– se presenta como una alternativa al Fondo Monetario Internacional (FMI) y Lula ha criticado abiertamente el papel hegemónico del dólar, proponiendo desplazarlo por otras monedas, incluido el yuan.Durante la segunda cumbre virtual «Voces del Sur Global», convocada por la India previamente a la reunión del G-20 en 2023, Lula destacó que lo que une el Sur Global es una visión del mundo semejante, que busca un orden internacional más equitativo; aunque también descartó que esto supusiera un antagonismo con el Norte, con el que Brasil comparte lazos históricos y culturales. En el ámbito económico, Brasil divide su comercio exterior entre varios socios; si bien en la última década China destaca como su principal mercado, representando en 2022 casi una cuarta parte de sus intercambios comerciales, mientras que el de la UE supone un 16% y Estados Unidos un 15%. Si se suman los intercambios con China, India y Corea del Sur, Asia representa cerca de un tercio en las exportaciones e importaciones de Brasil, prácticamente el mismo porcentaje que los que mantiene con la UE y Estados Unidos (véase la tabla 2).







La diversificación comercial coincide con la voluntad de mantener una equidistancia entre China y Estados Unidos. Sin embargo, la balanza se inclina cada vez más a favor de China, con la cual Brasil tiene una asociación estratégica establecida en el primer mandato de Lula. Sin embargo, ya entonces la dependencia asimétrica con China conllevó una reprimarización de las exportaciones de Brasil y, por tanto, una gran vulnerabilidad a los cambios de los precios de mercado y de la demanda china de productos sin valor añadido. El Gobierno brasileño intenta revertir esa tendencia con un plan de inversión en el sector industrial nacional, pero necesitará inversión extranjera directa (IED). Hoy en día, el origen mayoritario de la IED en Brasil sigue siendo la UE. Ante este escenario, durante la visita de Lula a Beijing en 2023 se firmaron nuevos acuerdos en sectores clave como el energético o las nuevas tecnologías. Brasil y OccidenteAunque los posicionamientos de Lula sobre la guerra de Ucrania y el orden internacional causan tensiones con Occidente, el pragmatismo es otra de las características de su política exterior, lo que evita una confrontación directa. La falta de empatía de Joe Biden con Bolsonaro, por su apoyo a Trump, había llevado las relaciones con Estados Unidos a un perfil muy bajo. Por ello, el triunfo de Lula fue recibido con alivio por la Administración estadounidense, aunque pronto aparecieron discrepancias que van más allá de Gaza y Ucrania. Estados Unidos ve con preocupación el apoyo de Lula a gobiernos autócratas de la región como los de Venezuela, Nicaragua y Cuba. Aunque la Administración Biden ha suavizado las sanciones hacia Venezuela por intereses relacionados con el aprovisionamiento de crudo a cambio de avances en las negociaciones con la oposición, el respaldo incondicional de Lula a Maduro en la cumbre de Brasilia de mayo de 2023 fue mal recibido en Washington. Además, los ataques al dólar como divisa de referencia y el estrechamiento de los lazos con China también se observan con preocupación. En el discurso de Lula en el G-7 en Hiroshima (Japón), al que fue invitado después de casi 15 años, acusaba al FMI de inacción y denunció los estragos del dogma neoliberal. Sin embargo, en una reunión bilateral entre Biden y Lula durante la Asamblea General de Naciones Unidas, ambos líderes mostraron afinidad frente al cambio climático y pactaron una iniciativa para fomentar el empleo digno. Eso muestra que ninguno de los dos países tiene interés en tensar las relaciones. No obstante, ambos son conscientes de que no habrá una alineación completa de intereses, porque Brasil no renunciará a sus vínculos con el Sur Global y sus posicionamientos reformistas del orden global.Por otra parte, la buena noticia de la celebración de la Cumbre UE-CELAC en Bruselas de julio 2023 ha quedado eclipsada por el fracaso en la firma de un acuerdo comercial MERCOSUR-UE que pretendía cerrarse durante el 2024 tras un cuarto de siglo de negociaciones frustradas. Más allá de los debates técnicos sobre cuotas, normas o estándares sanitarios y medioambientales, los sucesivos retrasos en la firma se han visto condicionados por tensiones sobre cómo se posiciona Brasil en el escenario internacional, al diversificar sus relaciones económicas y abrir mercados con países africanos y otros socios asiáticos en detrimento de la cuota de mercado europea. Al respecto, el balance de las negociaciones durante el último año es mixto: por un lado, la política medioambiental de la ministra de Medio Ambiente, Marina Silva, desbloqueó una parte de la agenda, que fue el mayor obstáculo durante la presidencia de Bolsonaro, y Brasil ostentó la presidencia pro tempore de MERCOSUR hasta diciembre de 2023, lo que avanzó un documento de consenso; sin embargo, por el otro, varios países de la UE, particularmente Francia, se resisten a la entrada de productos agrícolas para proteger la producción europea. El bloqueo del acuerdo MERCOSUR-UE tendrá efectos negativos para las relaciones mutuas y supone un descrédito sobre la fiabilidad de la UE como socio estratégico. Sin ese acuerdo, es muy probable que las relaciones sigan declinando en favor del Pacífico, pero también de otros países que están negociando acuerdos. Las elecciones al Parlamento Europeo, previstas en junio de 2024, determinarán el futuro liderazgo del Consejo de la UE y la Comisión Europea. Esta incertidumbre, junto con la presidencia de la Hungría del populista de derechas Víctor Orbán de la UE a partir de julio de 2024, no facilitarán las negociaciones. La Agenda para el Desarrollo SostenibleDurante su primer año de mandato, Lula ha mostrado su voluntad de retomar el liderazgo en temas como el desarrollo sostenible y la Agenda 2030. El compromiso de Brasil con la reducción del calentamiento global se escenificó en la COP28 en Dubái de noviembre de 2023, donde este país participó con una delegación de 2.400 personas y con la promesa de su presidente de fomentar la cooperación para proteger la Amazonía, el mayor bosque tropical del mundo. Brasil será, además, la anfitriona de la COP30 en 2025 y ha tomado medidas nacionales para frenar la deforestación que, en los primeros once meses del Gobierno Lula, se ha reducido un 22%. El compromiso medioambiental incluye una política energética que apuesta por las renovables, aunque sin renunciar a fuentes energéticas tradicionales como el petróleo: en 2023 Brasil se convirtió en el primer país petrolero de América Latina y el noveno a nivel mundial1. Pero la negativa de la ministra Marina Silva a conceder licencias a empresas como Petrobras para la exploración petrolera en la Amazonía indica un potencial conflicto entre intereses económicos y medioambientales.En este sentido, Brasil sigue siendo un defensor de las negociaciones multilaterales para avanzar en la Agenda 2030 para el Desarrollo Sostenible. En su discurso ante la 78ª Asamblea General de Naciones Unidas, Lula abogó por fortalecer el compromiso de Brasil al respecto y su programa para el G-20 de 2024 tiene tres prioridades: la lucha contra el hambre y la desigualdad; las tres dimensiones del desarrollo sostenible (económica, social y ambiental); y la reforma de la gobernanza global.***La apuesta de Lula por el componente Sur-Sur de su política exterior se produce en medio de una polarización interna y en un escenario global conflictivo, con dos guerras abiertas además de otros conflictos. Por todo ello, la proyección autonomista de Lula encuentra más resistencias que en sus anteriores mandatos, lo que genera tensiones que conspiran contra la visión de un Brasil facilitador de consensos. Esta posición coloca al país y a su presidente en una situación difícil que le obligan a posicionarse y con poco margen de maniobra para terceras vías.En sus postulados sobre un mundo posoccidental, Brasil se posiciona en un Sur Global en el que los BRICS se alzan como contrapeso al G-7 que Lula ha tachado de obsoleto. Retrospectivamente, este giro a favor de los países emergentes ha cambiado el perfil y la imagen de Brasil. Su política de no alineamiento es coherente con una política de diversificación comercial y una diplomacia regional y global protagónica y activa. Aunque parece difícil que Lula pueda alcanzar el éxito en bastantes de los frentes hoy abiertos, ha logrado recolocar al país en los foros regionales e internacionales como un socio predecible e importante, aunque no exento de contradicciones.Nota:1- En enero de 2024 Brasil pasó a ser miembro observador de la Organización de Países Exportadores de Petróleo (OPEP). Todas las publicaciones expresan las opiniones de sus autores/as y no reflejan necesariamente los puntos de vista de CIDOB como institución.DOI: https://doi.org/10.24241/NotesInt.2024/301/es ISSN: 2013-4428

Desde su vuelta a la presidencia de Brasil en enero de 2023, la primera prioridad de la política exterior de Luiz Inácio Lula da Silva ha sido reconstruir la política exterior regional del país y recuperar la confianza de sus socios latinoamericanos y de las organizaciones internacionales. Sin embargo, ello acontece en una coyuntura internacional compleja –como las guerras en Ucrania y la Franja de Gaza– poco favorable a posiciones de neutralidad y autonomía.El Gobierno de Lula sitúa de nuevo a Brasil al lado de los países emergentes, adoptando una política hacia Asia Pacífico que cambia la jerarquía de prioridades externas a favor de China y otros países BRICS. Sus posiciones revisionistas frente al orden internacional causan tensiones en las relaciones con Occidente, aunque el pragmatismo evita la confrontación directa. Tras asumir por tercera vez la presidencia de Brasil el 1 de enero de 2023, Lula da Silva proclamó: «Brasil está de vuelta» y muchos líderes mundiales le aclamaron esperando que retomara el compromiso con el multilateralismo tras el periodo de retraimiento del Gobierno de su predecesor Jair Bolsonaro (2019-2023). Sin embargo, el inicio de su mandato estuvo marcado por el asalto a las instituciones, en la Plaza de los Tres Poderes (Brasilia) el 8 de enero de 2023, por parte de seguidores radicales de su contrincante electoral. Este episodio fue un reflejo de la polarización y la crispación social que ha dominado la vida política brasileña durante la última década, desde la destitución de la presidenta Dilma Rousseff en 2016. En este contexto, la prioridad de la agenda del Gobierno Lula en su primer año ha sido tratar de rebajar la tensión social y hacer frente con recursos limitados a los problemas socioeconómicos internos, aunque su vocación multilateral y voluntad de liderazgo en el plano de la política exterior han seguido presentes en su ADN. La presidencia rotatoria del G-20 en 2024 le dará la oportunidad de demostrarlo. Muchos han sido los factores que han alterado el mundo en los 12 años transcurridos desde el último mandato de Lula. El denominado Sur Global, en el que se inserta Brasil, ha evolucionado: es más diverso y también más fragmentado. Además, las pugnas entre China y Estados Unidos han reducido el margen de maniobra y no es fácil mantener el equilibrio entre las fuerzas que están reconfigurando el orden internacional en un mundo menos previsible y más conflictivo. La invasión de Ucrania por parte de Rusia y la contundente respuesta bélica de Israel a los ataques de Hamás en la Franja de Gaza han complicado la posición de Brasil entre el Norte Atlántico y el Sur Global, en su apuesta por la no alineación ante situaciones que claramente vulneran principios del ordenamiento internacional, como los de no agresión y el derecho humanitario. Tampoco en su entorno tiene fácil la reactivación de la cooperación regional fracturada. Es difícil prever qué efectos tendrá en el Mercado Común del Sur (MERCOSUR) la inestabilidad de la Argentina de Javier Milei, dada su apuesta por el unilateralismo y su bajo compromiso regional; además, sentar al nuevo mandatario junto al presidente venezolano, Nicolás Maduro, para refundar la Unión de Naciones Suramericanas (UNASUR) no va a ser tarea fácil, por no decir imposible. Asimismo, la sombra de un posible conflicto ente Venezuela y Guyana por el territorio del Esequibo pone a prueba las dotes de mediación de Lula y sus intentos de revitalizar la Comunidad de Estados Latinoamericanos y Caribeños (CELAC). Recuperar el multilateralismo activo: continuidades y cambiosReconstruir la política exterior regional y global, tras la salida de Brasil de foros clave, o asumir los compromisos financieros con Naciones Unidas, previamente abandonados, así como recobrar la confianza de los socios y organizaciones internacionales, entre otras iniciativas, han ocupado la agenda del nuevo Gobierno de Lula desde los primeros meses.En el plano regional, el mismo enero de 2023, Brasil retornó a la CELAC y, en mayo de ese año, trató de reactivar la UNASUR en una cumbre celebrada en Brasilia. A nivel global, a finales de 2023, concluyó el período bienal de Brasil en el Consejo de Seguridad de Naciones Unidas para el que había sido elegido por undécima vez. Además, en noviembre de 2024, Rio de Janeiro será la anfitriona de la cumbre del G-20 y, en noviembre de 2025, se celebrará en Belém do Pará la 30ª conferencia de las partes (COP30) de la Convención Marco de las Naciones Unidas sobre el Cambio Climático (CMNUCC). Así, el tercer mandato de Lula refleja la continuidad de «la política exterior altiva y activa» que había liderado el ministro de Exteriores Celso Amorim, hoy asesor especial en asuntos internacionales, durante sus dos primeros mandatos. Junto con el actual canciller, Mauro Vieira, que ya lo fue en la presidencia de Dilma Rousseff, ambos garantizan la continuidad de una política exterior universalista y autonomista. Su objetivo es otorgar a Brasil un papel protagónico en el Sur Global mediante el regionalismo y el multilateralismo, a través de la diversificación de socios y abandonando el alineamiento del anterior Gobierno Bolsonaro con la Administración estadounidense de la era Trump.Una constante de todos los mandatos de Lula ha sido la diplomacia presidencial. Al finalizar sus ocho años de gobierno en 2011, se había convertido en el presidente más viajero de la historia de Brasil, lo que puede repetirse, al ejecutar gran parte de la política exterior del país. En 2023, ya se ausentó por un periodo equivalente a dos meses para visitar 24 países a partir de quince viajes (véase la tabla 1). La primera visita en enero de 2023 fue, siguiendo la tradición, a su aliado estratégico, Argentina, entonces gobernada por Alberto Fernández, un presidente ideológicamente afín. En Buenos Aires también participó en la Cumbre de la CELAC tras años de ausencia. Su siguiente estación fue la visita oficial a Estados Unidos, en febrero de 2023, seguida de viajes a China y a España y Portugal en el mes de abril. Estos viajes muestran las prioridades geográficas de Brasil, enumeradas por el canciller brasileño Mauro Vieira en su discurso de toma de posesión (véase la figura 1): en un primer círculo figura el regionalismo centrado en el MERCOSUR, la UNASUR –a la que Brasil se reincorporó en abril de 2023– y la CELAC; en un segundo círculo encontramos la cooperación Sur-Sur con Asia Pacífico, el grupo BRICS (Brasil, Rusia, India, China y Sudáfrica) y África; en un tercero las relaciones bilaterales con socios clave como Estados Unidos, China o la Unión Europea (UE); y todo ello englobado en el multilateralismo, incluyendo el G-20, la Organización Mundial del Comercio (OMC), el sistema de Naciones Unidas, en general, y la Organización para la Cooperación y el Desarrollo Económicos (OCDE), con la cual Bolsonaro había iniciado conversaciones para adherirse en 2022. Sin embargo, Brasil hoy cuenta con menos recursos financieros para su proyecto exterior, tras el fin del boom económico de las materias primas en 2013 que fue seguido por un declive económico exacerbado por la pandemia de la COVID-19 y una recuperación muy lenta. En 2020, Brasil entró en recesión (-3,3% del PIB) con una pérdida de un -23,3% del PIB per cápita hasta estabilizarse en 2022 al nivel de 2010. Por todo ello, el país bajó en la jerarquía económica, representando en 2022 solo un 2,04% del PIB mundial, menos de la mitad del PIB de Alemania (con una población de 82 millones frente a los 203 millones de Brasil). Si en el primer mandato de Lula da Silva (2003-2007), el gigante sudamericano había llegado a ser la séptima economía del mundo, en 2023 se situaba en una novena posición, subiendo 2 puestos desde el año anterior. Además, como la agenda exterior también es entendida como un instrumento para promover el desarrollo nacional, de ahí la priorización de la Agenda 2030 de los Objetivos de Desarrollo Sostenible (ODS). Brasil ante un contexto internacional conflictivoLula tiene que lidiar con una coyuntura internacional compleja y poco favorable a las posiciones de neutralidad y autonomía que caracterizaron sus gobiernos anteriores. Por una parte, está la creciente rivalidad entre China y Estados Unidos y, por la otra, el aumento de la hostilidad de Occidente frente a Rusia a causa de la guerra en Ucrania. Con ambos países Brasil mantiene una alianza a través de los BRICS y, además, China es su principal socio comercial. Las guerras en Ucrania y la Franja de Gaza han revelado que Lula da Silva se alinea con posiciones críticas del Sur Global, no coincidentes con las de Estados Unidos y la UE. A finales de 2023, Brasil terminó sus dos años en el Consejo de Seguridad iniciados con el Gobierno Bolsonaro que, en marzo de 2022, había votado a favor de la condena de Rusia por la invasión de Ucrania en la Asamblea General de Naciones Unidas. Sin embargo, Bolsonaro había visitado a Putin en Moscú días antes del ataque, reiterando la neutralidad de Brasil en la crisis, algo en lo que Lula coincide. La negativa de este a apoyar a Ucrania, así como su rechazo al envío de armas, junto con unas polémicas declaraciones en las que atribuía la responsabilidad de la guerra a ambas partes por igual, provocaron las críticas del presidente ucraniano Volodímir Zelenski y de otros líderes occidentales que le acusaron de no distinguir entre víctima y agresor. El apoyo posterior a las propuestas de plan de paz de China, en su visita de abril de 2023 a Beijing, se interpretó como un apoyo al mayor aliado de Moscú. Esto, junto con la crítica a Estados Unidos y la UE por alimentar la guerra con armas y el rechazo de las sanciones a Rusia redujo el entusiasmo de los socios atlánticos por el regreso de Lula al escenario internacional. Y aunque la matización de algunas de sus declaraciones –como condenar la agresión, su propuesta de crear un grupo de países neutrales para hablar de paz, así como la reunión bilateral entre Lula y Zelenski, en otoño de 2023 durante la reunión de la Asamblea General de Naciones Unidas, y el posterior rechazo en mayo de la propuesta de Putin de que visitara Rusia– calmaron algunas tensiones, no limaron asperezas con Estados Unidos y la UE. De momento, su iniciativa del grupo de países neutrales ha encontrado pocos seguidores y el propio Lula ha reconocido que no se dan las condiciones para la paz.Más contundente está siendo la política de Brasil respecto a la guerra en Gaza. En octubre de 2023, tras el ataque del día 7 de Hamás a Israel y la respuesta bélica de este, Brasil presentó ante el Consejo de Seguridad una resolución crítica con Israel que, a pesar de ser apoyada por 12 países, fracasó por el veto de Estados Unidos. En diciembre, Brasil apoyó la propuesta de Sudáfrica, ambos aliados en los BRICS, en su denuncia a Israel ante la Corte Internacional de Justicia (CIJ) de Naciones Unidas por el «genocidio» en Gaza. Al respecto, Brasil se solidariza claramente con Palestina, donde abrió una Embajada en 2004 durante el primer mandato de Lula, quien es favorable a la solución de los dos estados. Esta propuesta va en la línea expresada por la UE a través del Alto Representante para Asuntos Exteriores y Política de Seguridad, Josep Borrell, pero colisiona con el apoyo de Estados Unidos a Israel. Cabe recordar que, en diciembre de 2010, Brasil había reconocido el Estado de Palestina con las fronteras anteriores a la Guerra de los Seis Días de 1967 y se había pronunciado a favor del ingreso de Palestina en organizaciones internacionales; una posición que contrastaba con la de Bolsonaro, quien había abierto una oficina comercial en Jerusalén alineándose con la Administración Trump. Brasil y el regionalismo fragmentadoCon Bolsonaro, Brasil se retiró de varias instituciones regionales que se habían creado durante los mandatos anteriores de Lula, como la CELAC, de la que se ausentó en protesta por la participación de regímenes autoritarios como los de Venezuela y Nicaragua, o la UNASUR, de la cual se alejó en 2019 junto con la mayoría de los países miembros por el bloqueo al que la habían sometido Venezuela, Bolivia y Ecuador al impedir el nombramiento del único candidato a secretario general. Así, recuperar el liderazgo regional ha sido una de las apuestas de Lula desde su vuelta, pero los resultados de las últimas elecciones en su vecindario muestran un giro a la derecha que dificulta los consensos. Incluso ni todos los países con gobiernos de izquierda están dispuestos a respaldar a regímenes autoritarios como los de Venezuela o Nicaragua. Respecto a la CELAC, esta organización puede sortear las tensiones porque es un foro de diálogo con pocas implicaciones prácticas, pero no ocurre lo mismo con la reconstrucción de UNASUR, a la que Brasil regresó en 2023. Uno de los principales objetivos de este espacio es fomentar la confianza y la resolución de conflictos; sin embargo, rotos los consensos sobre los principios democráticos, es poco probable que pueda ser una institución de mediación efectiva. Lula podrá defender la no injerencia en los asuntos internos, pero difícilmente se puede sostener la coherencia entre encarnar la defensa de la democracia en su país frente a los bolsonaristas y mirar a otro lado cuando se violan los derechos humanos en países vecinos. El número de regímenes autoritarios en la región ha aumentado y se puede producir un efecto dominó si empiezan a normalizarse los discursos antidemocráticos, militaristas y ultranacionalistas. Las amenazas de Venezuela a Guyana para anexionarse el territorio en disputa del Esequibo, que está siendo objeto de examen por la CIJ, son otro punto de tensión en una región que se autodefine como una zona de paz. Además, Maduro ha vuelto a dar muestras de su nulo compromiso con la celebración de unas elecciones presidenciales competitivas en 2024, al inhabilitar a la candidata de unidad de la oposición.También MERCOSUR enfrenta dificultades tras la elección de Javier Milei como presidente de Argentina con su programa ultraliberal, ideológicamente cercano a Bolsonaro y muy distante de Lula, quien no acudió a su toma de posesión. La compleja situación económica de Argentina afectará la cohesión en el bloque, y las políticas de choque que pretende aplicar Milei pueden elevar aún más la conflictividad política y social del país. Asimismo, el bloqueo de las negociaciones comerciales con la UE y otros socios puede incrementar las tensiones internas con miembros que están dispuestos a iniciar negociaciones bilaterales si no se avanza en el plano regional. La relación con China, los BRICS y el Sur Global.El Gobierno de Lula sitúa de nuevo Brasil al lado de los países emergentes, adoptando una política que escora la jerarquía de prioridades externas a favor de China y los BRICS. En un escenario internacional conflictivo y binario como el actual, ello va en detrimento del viejo eje transatlántico, que pasa a un segundo plano. Ya en los dos primeros mandatos de Lula se abrieron 30 embajadas en África, se organizaron cumbres con Asia y África, se creó la Agencia Brasileira de Cooperación (ABC) y se estrechó la cooperación económica y política con los cuatro socios del BRICS. En la actualidad, Brasil comparte con China un cuestionamiento del vigente orden internacional, por lo que la alianza con los BRICS lo aleja de sus socios atlánticos. La reciente ampliación de los BRICS con Arabia Saudí, Emiratos Árabes, Irán, Egipto y Etiopía, hace que Brasil se acerque cada vez más a socios iliberales. El intento brasileño de incorporar a Argentina se esfumó con la elección de Milei y se agudiza la composición autocrática del bloque. Asimismo, el Nuevo Banco de Desarrollo (NBD) creado por el grupo –hoy presidido por la expresidenta Dilma Rousseff– se presenta como una alternativa al Fondo Monetario Internacional (FMI) y Lula ha criticado abiertamente el papel hegemónico del dólar, proponiendo desplazarlo por otras monedas, incluido el yuan.Durante la segunda cumbre virtual «Voces del Sur Global», convocada por la India previamente a la reunión del G-20 en 2023, Lula destacó que lo que une el Sur Global es una visión del mundo semejante, que busca un orden internacional más equitativo; aunque también descartó que esto supusiera un antagonismo con el Norte, con el que Brasil comparte lazos históricos y culturales. En el ámbito económico, Brasil divide su comercio exterior entre varios socios; si bien en la última década China destaca como su principal mercado, representando en 2022 casi una cuarta parte de sus intercambios comerciales, mientras que el de la UE supone un 16% y Estados Unidos un 15%. Si se suman los intercambios con China, India y Corea del Sur, Asia representa cerca de un tercio en las exportaciones e importaciones de Brasil, prácticamente el mismo porcentaje que los que mantiene con la UE y Estados Unidos (véase la tabla 2).La diversificación comercial coincide con la voluntad de mantener una equidistancia entre China y Estados Unidos. Sin embargo, la balanza se inclina cada vez más a favor de China, con la cual Brasil tiene una asociación estratégica establecida en el primer mandato de Lula. Sin embargo, ya entonces la dependencia asimétrica con China conllevó una reprimarización de las exportaciones de Brasil y, por tanto, una gran vulnerabilidad a los cambios de los precios de mercado y de la demanda china de productos sin valor añadido. El Gobierno brasileño intenta revertir esa tendencia con un plan de inversión en el sector industrial nacional, pero necesitará inversión extranjera directa (IED). Hoy en día, el origen mayoritario de la IED en Brasil sigue siendo la UE. Ante este escenario, durante la visita de Lula a Beijing en 2023 se firmaron nuevos acuerdos en sectores clave como el energético o las nuevas tecnologías. Brasil y OccidenteAunque los posicionamientos de Lula sobre la guerra de Ucrania y el orden internacional causan tensiones con Occidente, el pragmatismo es otra de las características de su política exterior, lo que evita una confrontación directa. La falta de empatía de Joe Biden con Bolsonaro, por su apoyo a Trump, había llevado las relaciones con Estados Unidos a un perfil muy bajo. Por ello, el triunfo de Lula fue recibido con alivio por la Administración estadounidense, aunque pronto aparecieron discrepancias que van más allá de Gaza y Ucrania. Estados Unidos ve con preocupación el apoyo de Lula a gobiernos autócratas de la región como los de Venezuela, Nicaragua y Cuba. Aunque la Administración Biden ha suavizado las sanciones hacia Venezuela por intereses relacionados con el aprovisionamiento de crudo a cambio de avances en las negociaciones con la oposición, el respaldo incondicional de Lula a Maduro en la cumbre de Brasilia de mayo de 2023 fue mal recibido en Washington. Además, los ataques al dólar como divisa de referencia y el estrechamiento de los lazos con China también se observan con preocupación. En el discurso de Lula en el G-7 en Hiroshima (Japón), al que fue invitado después de casi 15 años, acusaba al FMI de inacción y denunció los estragos del dogma neoliberal. Sin embargo, en una reunión bilateral entre Biden y Lula durante la Asamblea General de Naciones Unidas, ambos líderes mostraron afinidad frente al cambio climático y pactaron una iniciativa para fomentar el empleo digno. Eso muestra que ninguno de los dos países tiene interés en tensar las relaciones. No obstante, ambos son conscientes de que no habrá una alineación completa de intereses, porque Brasil no renunciará a sus vínculos con el Sur Global y sus posicionamientos reformistas del orden global.Por otra parte, la buena noticia de la celebración de la Cumbre UE-CELAC en Bruselas de julio 2023 ha quedado eclipsada por el fracaso en la firma de un acuerdo comercial MERCOSUR-UE que pretendía cerrarse durante el 2024 tras un cuarto de siglo de negociaciones frustradas. Más allá de los debates técnicos sobre cuotas, normas o estándares sanitarios y medioambientales, los sucesivos retrasos en la firma se han visto condicionados por tensiones sobre cómo se posiciona Brasil en el escenario internacional, al diversificar sus relaciones económicas y abrir mercados con países africanos y otros socios asiáticos en detrimento de la cuota de mercado europea. Al respecto, el balance de las negociaciones durante el último año es mixto: por un lado, la política medioambiental de la ministra de Medio Ambiente, Marina Silva, desbloqueó una parte de la agenda, que fue el mayor obstáculo durante la presidencia de Bolsonaro, y Brasil ostentó la presidencia pro tempore de MERCOSUR hasta diciembre de 2023, lo que avanzó un documento de consenso; sin embargo, por el otro, varios países de la UE, particularmente Francia, se resisten a la entrada de productos agrícolas para proteger la producción europea. El bloqueo del acuerdo MERCOSUR-UE tendrá efectos negativos para las relaciones mutuas y supone un descrédito sobre la fiabilidad de la UE como socio estratégico. Sin ese acuerdo, es muy probable que las relaciones sigan declinando en favor del Pacífico, pero también de otros países que están negociando acuerdos. Las elecciones al Parlamento Europeo, previstas en junio de 2024, determinarán el futuro liderazgo del Consejo de la UE y la Comisión Europea. Esta incertidumbre, junto con la presidencia de la Hungría del populista de derechas Víctor Orbán de la UE a partir de julio de 2024, no facilitarán las negociaciones. La Agenda para el Desarrollo SostenibleDurante su primer año de mandato, Lula ha mostrado su voluntad de retomar el liderazgo en temas como el desarrollo sostenible y la Agenda 2030. El compromiso de Brasil con la reducción del calentamiento global se escenificó en la COP28 en Dubái de noviembre de 2023, donde este país participó con una delegación de 2.400 personas y con la promesa de su presidente de fomentar la cooperación para proteger la Amazonía, el mayor bosque tropical del mundo. Brasil será, además, la anfitriona de la COP30 en 2025 y ha tomado medidas nacionales para frenar la deforestación que, en los primeros once meses del Gobierno Lula, se ha reducido un 22%. El compromiso medioambiental incluye una política energética que apuesta por las renovables, aunque sin renunciar a fuentes energéticas tradicionales como el petróleo: en 2023 Brasil se convirtió en el primer país petrolero de América Latina y el noveno a nivel mundial1. Pero la negativa de la ministra Marina Silva a conceder licencias a empresas como Petrobras para la exploración petrolera en la Amazonía indica un potencial conflicto entre intereses económicos y medioambientales.En este sentido, Brasil sigue siendo un defensor de las negociaciones multilaterales para avanzar en la Agenda 2030 para el Desarrollo Sostenible. En su discurso ante la 78ª Asamblea General de Naciones Unidas, Lula abogó por fortalecer el compromiso de Brasil al respecto y su programa para el G-20 de 2024 tiene tres prioridades: la lucha contra el hambre y la desigualdad; las tres dimensiones del desarrollo sostenible (económica, social y ambiental); y la reforma de la gobernanza global.***La apuesta de Lula por el componente Sur-Sur de su política exterior se produce en medio de una polarización interna y en un escenario global conflictivo, con dos guerras abiertas además de otros conflictos. Por todo ello, la proyección autonomista de Lula encuentra más resistencias que en sus anteriores mandatos, lo que genera tensiones que conspiran contra la visión de un Brasil facilitador de consensos. Esta posición coloca al país y a su presidente en una situación difícil que le obligan a posicionarse y con poco margen de maniobra para terceras vías.En sus postulados sobre un mundo posoccidental, Brasil se posiciona en un Sur Global en el que los BRICS se alzan como contrapeso al G-7 que Lula ha tachado de obsoleto. Retrospectivamente, este giro a favor de los países emergentes ha cambiado el perfil y la imagen de Brasil. Su política de no alineamiento es coherente con una política de diversificación comercial y una diplomacia regional y global protagónica y activa. Aunque parece difícil que Lula pueda alcanzar el éxito en bastantes de los frentes hoy abiertos, ha logrado recolocar al país en los foros regionales e internacionales como un socio predecible e importante, aunque no exento de contradicciones.Nota:1- En enero de 2024 Brasil pasó a ser miembro observador de la Organización de Países Exportadores de Petróleo (OPEP).Todas las publicaciones expresan las opiniones de sus autores/as y no reflejan necesariamente los puntos de vista de CIDOB como institución.DOI: https://doi.org/10.24241/NotesInt.2024/301/es

La importancia de esta investigación se plantea desde la estrategia de comunicación para la ejecución de un proyecto de diseño de mediana complejidad para el mercado digital, como elemento fundamental para plantear el diseño de estrategias de comunicación y análisis de datos, que se ajusten a las necesidades y el presupuesto de la empresa.
Partiendo desde un análisis del mercado en la comparación de precios, diseño web, estrategias de comercialización y publicidad que permitan a emprendimientos y pequeñas empresas conseguir llegar a nuevos mercados evitando intermediarios.El poder llegar directamente a sus clientes en el mercado de usuarios de internet le permitan analizar y buscar los estímulos en el proceso compra, tratando de entender la configuración mental o el comportamiento de compra de los usuarios a través de la experiencia con la comunicación e interacción en el sitio web.
El proceso de compra por internet a cambiado la relación con el mercado tradicional de venta de productos y servicios, dando una nueva dinámica a las relaciones de las personas en el manejo de los medios de comunicación y los comportamientos de consumo ofrecidos por el desarrollo constante de la tecnología aplicada en internet, con la facilidad de comunicación que dan estas interfaces necesarias para el desempeño de las empresas y los usuarios en sus interfaces auto gestionadas como los correos electrónicos, buscadores, redes sociales y portales de comercialización.
El capítulo uno hace una introducción al fenómeno de la sociedad de la información y la manera como se está gestionando los procesos tecnológicos con el desarrollo macro estructural de la empresas al nivel de los factores externos que puedan influenciar su rendimiento.
El segundo capítulo se trabaja sobre el micro entorno, donde se definen los conceptos y diferencias entre la publicidad tradicional y publicidad en internet, profundizando en los espacios publicitarios que brinda internet a sus anunciantes y la capacidad de segmentación que brindan al poder medir el comportamientos de los usuarios en internet.
El capítulo tres busca documentar el fenómeno de las nuevas plataformas de comunicación en internet y la diferenciación de la publicidad tradicional, definiendo el uso dado a cada una de estas plataformas utilizadas en internet, detallando cuales son las más sobresalientes en el mercado online en este caso el elección de buscador Google con respecto a los otros medios como: las redes sociales, foros, plataformas de comercio. Analizando el uso que hace el internauta argentino de estos medios online en cuanto acceso a internet, consumo de medios, comercio electrónico y la diferenciación en la identidad adquirida de la publicidad tradicional con respecto a la publicidad online.
El capítulo cuarto es la investigación por medio de entrevistas realizada a los especialistas del proyecto de cuentas nuevas de Google AdWords, especialista en el desarrollo de PYMES y especialistas en estrategias de publicidad, documentando el comportamiento del marketing online en el surgimiento del consumo de la publicidad online en Buenos Aires Argentina, como parte fundamental del diagnóstico.
En el quinto capítulo se analiza la publicidad como medio de comercialización para PYMES y su capacidad de innovación y mejoramiento de productos y servicios en los procesos de comercialización al llegar cliente de forma directa. Se analiza el fenómeno del nuevo concepto de marketing digital creado por Google donde el usuario recibe estímulos publicitarios que lo llevan a tomar la decisión de compra, la diferenciación de estrategias de posicionamiento y comunicación orgánica y patrocinada en Google AdWords y en la red de YouTube. Se diseña un Plan estratégico para la aplicación de publicidad patrocinada a una estrategia de posicionamiento en motores de búsqueda para las PYME, por medio de un caso real de éxito de una PYME en Bogotá-Colombia.
Además, se muestra el seguimiento de las campañas de Google AdWords y los distintos tipos de estrategias y análisis que se puede lograr con las herramientas diseñadas para la optimización de sitios web y campañas de Google AdWords, al igual que la capacidad del diseño de las estrategias de comunicación en móviles y en el seguimiento de posibles clientes con estrategias de publicidad en Remarketing.
El periodo escogido para esta investigación fluctúa entre el año 2011 al 2013, periodo donde se identifica parte de la creación de la operación tercerizada de Google y el análisis de estudios que versan sobre el crecimiento de la publicidad online de Internet en Buenos Aires.Estado del arte
Cabe destacar que uno de los antecedentes más interesantes para comprender el auge de la publicidad en Buenos Aires reside en la elección de Argentina como país presidente de la Comisión Interamericana de Ciencia y Tecnología durante el período de 2008 al 2009, el país propone y coordina proyectos y actividades de cooperación entre países miembros. Para esto, se recogen estudios e índices que se vinculen con el uso y desarrollo del Internet, y tras el análisis de esos estudios, se comparan con los índices de otros países latinoamericanos, pese a la minuciosidad del trabajo, aun no existe ningún estudio que establezca la dinámica mediante la cual las PYMES se relaciona con las plataformas de publicidad online. Por esta razón, se decidió realizar una investigación que realice un análisis del uso de la plataforma auto gestionada Google AdWords por parte de las PYMES en la ciudad de Buenos Aires durante el período 2011-2013.
Dados los fines de investigación del fenómeno de la publicidad online, el estudio se enfocará en un estudio aplicado a especialistas que se vinculen con la operación que realiza la Agencia Atento para Google desde el año 2011 en Argentina. Este estudio se reforzará con una entrevista de preguntas abiertas, tomando una muestra del marcado y considerará a un grupo de ambos géneros, mayores de 18 años y que residen en la capital porteña. Las entrevistas tendrán como finalidad encontrar el público más idóneo con el manejo de la plataforma de Google AdWords y cómo ésta se vincula con las PYMES.
A su vez, este trabajo se ubica dentro de las líneas Temáticas de nuevas tecnologías, medios y estrategias de comunicación, identificando la importancia que tienen éstas en la cotidianeidad gracias a las innovaciones creativas que introducen al área del diseño y la comunicación como herramientas de trabajo que permiten explorar otros lenguajes, que aportan a la renovación de los modelos organizativos de las empresas, junto con movilizar la dinámica del consumo de bienes y servicios.
De esta forma, se puede indicar que el tema de esta investigación nace a partir de una inquietud natural de todo aquel que ya se siente preparado para enfrentar el mundo profesional del diseño y considerarlo desde otros puntos de vistas, como la creación de planes estratégicos que contribuyan al desarrollo de nuevos campos del conocimiento.
Así, se puede precisar que, tras una vinculación laboral dentro del desarrollo de la publicidad online, esta investigación ha logrado identificar la necesidad de analizar el uso que hacen las PYMES de la publicidad online como un medio de comunicación auto gestionado a través de interfaces virtuales que le permiten crear y medir su propia comunicación, por medio de una planificación estratégica a nivel de los medios tradicionales de comunicación que permita sopesar las altas inversiones que requiere la publicidad tradicional en televisión, radio, revistas y prensa, supliendo la necesidad de comunicación con interfaces que le permiten personalizar la comunicación segmento de mercado hacia el cual se dirige sus productos o servicios.Teniendo en cuenta las herramientas precisas y desarrollando una planificación inteligente y perspicaz, se logra un impacto mayor, que deriva en un crecimiento económico para la empresa en cuestión. De esta forma, se desea exponer los beneficios que ha tenido el uso de Internet para generar una dinámica de consumo que permita un crecimiento rentable y sostenible.Aspectos metodológicos
El proyecto aplica el método de investigación descriptivo, porque examina las características del problema escogido, se definen y formulan las hipótesis y los procesos adaptados, por medio del diagnóstico del comportamiento de las PYMES respecto a la publicidad online, por medio de entrevistas a funcionarios, desde 2 puntos de vista, el de las agencia Atento Google quienes conocen a fondo la realidad de las necesidades y problemas de las PYME y desde el punto de vista del director de desarrollo y PYMES de la Bolsa de Comercio de Buenos Aires. El proyecto busca el porqué de los hechos mediante el establecimiento de relaciones causa-efecto. En este sentido, se analizan los efectos del diagnóstico, como los efectos de la investigación experimental realizada en las entrevistas, presentación del caso y del plan estratégico para probar la hipótesis. Sus resultados y conclusiones constituyen el nivel más profundo de conocimientos.
Incluye la explicación del problema y la deducción de los resultados de las entrevistas y el diseño del plan estratégico como solución tanto a las PYME como a los profesionales en diseño y comunicación en manejo de campañas online en Google Adwords.Hipótesis
La hipótesis propone que el uso de Google AdWords tuvo un crecimiento sostenido por parte de las PYMES de la Buenos Aires Argentina entre el año 2011 y 2013, con bajo rendimiento en los resultados esperados respecto a su inversión en campañas publicitarias, debido a la falta de capacitación en el uso de la interfaz Google AdWords, de conocimiento en la segmentación del público objetivo y la falta de seguimiento y control de las campañas publicitarias online, por lo anterior se formula la siguiente pregunta: ¿Cómo incorporan las PYMES en la ciudad de Buenos Aires, Argentina, las exigencias que han surgido con las nuevas formas tecnológicas de publicidad en internet y específicamente en el caso de Google AdWords? En este sentido, la hipótesis de esta investigación se basa en el gran crecimiento que tuvo el uso de Google AdWords por parte de las PYMES de Buenos Aires, pero que obtuvo bajo rendimiento en los resultados esperados respecto a su inversión en campañas publicitarias. Así, esta investigación considera esta relación inversamente proporcional, debido a la falta de capacitación en el uso de la herramienta Google AdWords, en la falta de conocimiento de la segmentación del público objetivo y la falta de seguimiento y control de las campañas publicitarias online.Objetivo general
Como objetivo general se busca analizar el comportamiento publicitario online de las PYMES en Buenos Aires Argentina a través de la herramienta Google AdWords, durante el periodo 2011-2013.Objetivos específicos
Los objetivos específicos proponen indagar las ventajas y desventajas comparativas que ofrece Google AdWords para los diferentes clientes PYMES frente a otros sistemas de publicidad online; analizar las formas de segmentación de las plataformas publicitarias online y las utilizadas por Google AdWords para promocionar los productos y servicios de la PYMES; conocer las dificultades más frecuentes y los modelos de capacitación que tuvieron los PYMES de Buenos Aires Argentina en el uso de Google AdWords; diagnosticar el Micro y Macro entorno de las Pymes de Buenos Aires - Argentina en el uso de la publicidad online; y diseñar un plan estratégico de diseño y comunicación para que las Pymes puedan aplicar la plataforma Google AdWords de una forma fácil y estructurada, con el fin que tanto las Pymes como los profesionales con maestría en Diseño y Comunicación puedan implementarlo, por medio de un caso de éxito.Antecedentes
Para efectos de esta investigación, se tiene en cuenta que la herramienta de Google AdWords es un medio de comunicación y publicidad online nuevo en el mercado Latinoamericano, ya que es países como España y Estados Unidos, tienen procesos de comercialización por internet avanzados y a gran escala. Por esto, para el caso en Buenos Aires Argentina se realiza un análisis desde los inicios de los años 90s, donde un grupo de físicos encabezado por Tim Berners-Lee creó el lenguaje HTML y luego el WWW -Word Wide Web- y generó nuevas facilidades de interconexión y herramientas gráficas amigables. Han pasado casi 22 años y la importancia de las TIC's (tecnologías de la información y la comunicación) es cada vez mayor, incluyendo el desarrollo en las redes sociales, que parte desde los diferentes procesos de manejo de la información en su producción, circulación y utilización, que se ha basado en diferentes conocimientos científicos, empíricos, subjetivos, prácticas sociales e instrumentalismo acerca del desarrollo de la información y la comunicación en la realidad, política, cultural y económica desde un contexto social tecnológico, en el cual se encuentran la información con la comunicación.
Manuel Castells afirma que "La Era de la Información" es nuestra era (Castell, 2007): "Es un periodo histórico caracterizado por una revolución tecnológica centrada en las tecnologías digitales de información y comunicación, concomitante, pero no causante, con la emergencia de una estructura social en red, en todos los ámbitos de la actividad humana, y con la interdependencia global de dicha actividad. Es un proceso de transformación multidimensional que es a la vez incluyente y excluyente en función de los valores e intereses dominantes en cada proceso, en cada país y en cada organización social. Como todo proceso de transformación histórica, la era de la información no determina un curso único de la historia humana; sus consecuencias, sus características dependen del poder de quienes se benefician en cada una de las múltiples opciones que se presentan a la voluntad humana. Pero la ideología tecnocrática futurológica trata de presentar la revolución tecnológica, la ley del mercado, se refuerza la una a la otra. En ambos casos, desaparece la sociedad como proceso autónomo de decisión en función de los intereses y valores de sus miembros, sometidos a las fuerzas externas del mercado y la tecnología".Internet se convierte en un fenómeno masivo a nivel mundial donde se crea un gigantesco centro comercial virtual, de tiendas que están abiertas las 24 horas del día, 7 días a la semana, 365 días al año, que permiten el libre acceso de todas las personas que tengas acceso a la red. Existen tiendas que venden de todo: productos, servicios, ideas, creencias, contactos, en fin es un centro comercial donde sólo algunos clientes saben a qué tienda van, mientras que la mayoría, para no perderse, pide ayuda en un stand a la entrada que dice "buscadores". (Ordozgoiti, 2010, p. 17)Este espacio creado por la Internet no solo propició una comercialización masiva, sino que también permitió innovar en las relaciones interpersonales, diseños web personalizados, nuevos modelos de negocio, nuevas formas de publicidad y nuevas formas de comunicación a través de redes sociales. En la actualidad los usuarios conocen gente, intercambian opiniones, comparten experiencias, compara precios, productos y calidad, se compra y se vende, y la gente se siente como en su casa, por lo cual no desea ser molestada (Ordozgoiti, 2010, pp. 17-18).
De esta forma, se puede ver cómo el desarrollo de Internet y la evolución sostenida de las TIC impusieron una modificación ineludible de los procesos de comunicación entre los hombres, mujeres y niños de cada país de Latinoamérica. Son cada vez más las personas que utilizan la web como plataforma para la búsqueda de información, el entretenimiento y la interacción con otros individuos. En Argentina según el diario La Nación (Julio, 2013), el crecimiento de la publicidad –online– es importante, puesto que ha superado considerablemente a la publicidad en medios tradicionales. En el año 2010, la web se consolida como medio publicitario de amplia relevancia en Argentina, creciendo un 49.5% respecto de 2009 y superando en 528 millones de pesos la inversión efectuada en los diarios y la televisión.
En 2011, los pronósticos que estimaban un crecimiento del 40%, la publicidad –online– creció un 117%, facturando 1147 millones de pesos, pasando al 3º puesto entre los medios más demandados (Crettaz, 2012). Se atribuye este crecimiento principalmente al cambio de hábito en el consumo de medios por parte del público argentino.
Los cambios generados por Internet y su vertiginoso crecimiento, han llevado a las empresas a replantear sus modelos de negocios e incorporar estrategias basadas en los medios –online–, lo que se ha visto apoyado por el cambio de costumbres, hábitos de información, comunicación y consumo de los usuarios. El novedoso fenómeno comunicacional que es Internet, también ha tenido etapas de grandes cambios que se trasladaron inmediatamente a empresas y usuarios. La banda ancha y la web 2.0 y el surgimiento y ascenso de Google, simplificaron el acceso y la navegación, así como los niveles de creación y participación de los usuarios. Por su parte, la banda ancha permitió que los usuarios pasaran más tiempo navegando y la web 2.0 dio acceso a los usuarios a herramientas de uso relativamente sencillo, debido a su diseño focalizado en el usuario. Con estas herramientas, el usuario puede crear y compartir contenidos que se suban a la red, gestionando sus propias redes sociales o utilizando plataformas como Facebook o Twitter para compartir opiniones, conocimiento, contenidos e información. Desde esta perspectiva, los nuevos modelos de publicidad, dilucidaron nuevas oportunidades de negocios dentro de esta participación activa del usuario en el Internet, debido a que eran los mismos usuarios quienes daban cuenta de sus gustos e intereses, información sumamente valiosa para las empresas.
La nueva facilidad en la información creó un mercado o ventana de visualización para las empresas ofertantes, beneficiándose de aquella información obtenida de los propios usuarios denominados nuevos modelos de investigación de mercados y de consumo del usuario. Algunas de empresas han hecho grandes esfuerzos para posicionar la promoción de sus servicios y productos en miles de páginas web y blogs a través de publicidades en Google, Facebook, YouTube, MercadoLibre, Taringa y otros, para que dichos usuarios puedan satisfacer sus necesidades de manera rápida desde cualquier lugar. Estas tendencias hacen a la publicidad online cada vez más accesible y rentable.
Desde este contexto mencionado, ha llevado al ámbito empresarial argentino y latinoamericano de pequeñas y medianas empresas –PYMES– a replantearse sus estrategias de marketing y comunicación, debido al gran potencial que propicia hoy en día el Internet para poder tener un acceso mucho más fluido a las nuevas tendencias, permitiendo delimitar las nuevas posibilidades que tiene la empresa dentro del mercado. Así, se demuestra cómo Internet tiene que ser estudiado de manera consciente, puesto que se constituye en una fuente creciente de difusión de bienes y servicios. En este sentido, la posibilidad de las empresas no solo tienen ser considerada por las grandes corporaciones, sino que, sobre todo, por aquellas PYMES y comerciantes que están comenzando sus emprendimientos, puesto que Internet les ofrece la posibilidad de visualizarse de manera fácil y económica. Lo importante, es tener una planificación estratégica que permita reconocer cada una de las fortalezas del producto o bien a ofrecer.
En las etapas iniciales de Internet en las década de los ochenta, los modelos de negocio online requerían de una importante inversión inicial, pero el escenario se vio profundamente modificado por las interacciones de Google, la banda ancha y la intervención de la web 2.0. Según (Zanoni, 2008) "Google cambió todo, en 1999 Google era irrelevante y hoy domina Internet. Este hecho tiene efectos fenomenalmente relevantes. En 1999, para lograr tráfico masivo hacia un sitio era necesario hacer publicidad masiva y para eso era necesario mucho capital, millones de dólares". Por esta razón, Google en parte fue el gran responsable de la dinamización y circulación de las ofertas dentro de la red. Es tan potente que puede ayudar a una empresa a que se posicione rápidamente. Lo importante es que ésta tenga una página web bien construida para que la empresa logre indexar el contenido (lo cual se realiza por medio de la herramienta Webmaster tools y Adsense, de esta manera comienza a generar divisas o clientes en la red).
El éxito obtenido a través de la popularidad del buscador de Google desde su lanzamiento en septiembre de 1998 llevó a la empresa a replicar su eficiente modelo de indexación (o formato de ordenación de información para elaborar posteriormente su índice) como medio de publicidad para cualquier anunciante. Bajo esta premisa nace Google AdWords una interfaz que permite a sus usuarios crear sus propias campañas de comunicación en el año 2000 como su sistema de publicidad online auto gestionado, que relaciona las palabras clave usadas por los internautas con anuncios patrocinados relacionados a la búsqueda. Este modelo es desarrollado a partir de las ciencias de la información, área del conocimiento encargada de la gestión y organización del conocimiento, así como la indexación de la información en los sistemas de bases de datos que usando los análisis de los buscadores o querys, usan los tesauros o palabras claves para identificar y organizar la información dentro del sistema de buscador de Google, la base del sistema es conocido como page rank. Las herramientas y facilidades que brinda Internet han sido rápidamente captadas por los usuarios, quienes las han adoptado para sus actividades de consumo. Este fenómeno se ha visto profundizado por las sucesivas crisis y distintas recesiones que muchas economías del mundo han sufrido estos últimos años, lo que ha permitido sacar provecho la a información directa sobre proveedores, marcas, precios, productos y servicios, establecer comparaciones y aún efectuar la compra desde la comodidad de su hogar, o desde su teléfono inteligente, sin necesidad de un intermediario. Esto ha llevado a afirmaciones como la realizada por la comunidad de emprendedores Red innova "Salir de la crisis económica pasa por emprender y más concretamente, por emprender en el entorno digital" (Diario informático, 2012). Se puede afirmar así, que los medios elegidos tradicionalmente para publicitar como la televisión, la radio o la gráfica han perdido la hegemonía que poseían entre las preferencias de los potenciales consumidores. Esta situación obligó a las empresas a gestionar nuevas estrategias para captar y retener sus clientes.
Fue así como apareció el concepto de Marketing online. Este fenómeno comunicacional ha cambiado el modo en que se consume, puesto que permite resolver con mayor velocidad las necesidades, además de contar con información cada vez más precisa y detallada sobre los servicios y productos disponibles para los consumidores, también permite combinar la información online, con actividades offline, como acercarse a la tienda más cercana al lugar en el que el usuario realiza la búsqueda y que provea el servicio o producto que éste está dispuesto a comprar. Así, el Internet se convierte en una herramienta de venta fundamental para el éxito de las empresas y marcas, y la publicidad juega en ello un rol indispensable: ser visible en Internet es un factor clave de éxito. Así mismo las nuevas formas del diseño en la publicidad, pues adquieren nuevos parámetros, estilos, estructuras.
La evolución tecnológica no solo genera cambios en los usuarios sino que también en la forma en que se realiza publicidad y es por causa de este dinamismo incesante que la información resulta indispensable para elaborar estrategias comunicacionales acertadas que permitan conocer profundamente al público objetivo, por lo que conocer sus conductas online, sus necesidades, expectativas y preferencias en materia publicitaria, resulta cada vez más necesario, en un contexto de rápidos cambios, alta competencia y de nuevas oportunidades, tanto para las grandes corporaciones, como para las pequeñas empresas. Cabe detenerse en la nueva posición en la que se encuentran las empresas al momento de vender sus productos. Los usuarios de Internet cuentan con una herramienta que les permite obtener con facilidad información sobre un determinado producto o servicio, comparando las ventajas que les ofrecen las diversas marcas. De esta manera, la competencia entre las empresas se intensifica, induciéndolas a presentar sus productos con creatividad e inteligencia a los diversos públicos objetivos.
Ante tal situación, se percibe que las condiciones de éxito empresarial están condicionadas por la manera en que se capitalizan las herramientas que provee Internet. Las reglas del juego para competir en el mercado se han modificado, y todo parece indicar que quien no se adapte a ellas terminará perdiendo en rentabilidad y crecimiento económico.
Como se dijo anteriormente, esta realidad no solo tiene que ser consideradas por las grandes empresas, dispersas por el mundo entero, sino que también por las pequeñas y medianas (PYMES). Es importante enfatizar que el uso adecuado de la web exige a las empresas contar con un equipo dedicado exclusivamente a esta tarea. De aquí la importancia de un departamento de marketing digital. Sin embargo, el presupuesto y estructura de las PYMES no se ajusta a tal requerimiento, no cuentan con el personal suficiente para distribuir las tareas tal como se desearía, haciendo muchas veces que una misma persona ejecute diversas funciones. En estas condiciones, se hace más difícil estar atentos a las condiciones cambiantes del mercado y capacitarse para responder a dichas exigencias.

Baski, manjinski narod sa svojim zasebnim jezikom i kulturom, stoljećima je podijeljen između Španjolske i Francuske. U Francuskoj Baski nemaju status manjine ni institucionalnu autonomiju. U Španjolskoj, međutim, nakon teškog razdoblja Francove diktature i preustrojstva Španjolske 1978. na kvazifederalnom načelu, španjolski Baski dobivaju priznanje nacionalne posebnosti te znatnu institucionalnu autonomiju kroz tzv. Autonomnu zajednicu (AZ) Baskiju. Unatoč zadovoljavanju većine aspiracija Baska u Španjolskoj, u španjolskoj Baskiji i dalje je prisutan secesionizam, dok taj fenomen u francuskom dijelu Baskije gotovo da i ne postoji. Cilj disertacije bio je, binarnom studijom i dizajnom najsličnijih slučajeva, koristeći se kvalitativno-kvantitativnom metodom, istražiti je li autonomija, umjesto zadovoljavanja španjolskih Baska statusom u okviru Španjolske, pridonijela jačanju njihova nacionalizma i secesionizma. Ovi fenomeni obrađeni su kroz tri prizme: izgradnju subdržavnih institucija, izgradnju subdržavnih identiteta i izgradnju lokalnih elita. Uočeno je da je autonomija u španjolskoj Baskiji pridonijela izgradnji protodržave, od demokratski izabranog Parlamenta, preko izvršne vlasti, do djelomično izgrađenog sigurnosnog aparata. Iako usporen rascjepima u baskijskom društvu uslijed demografske heterogenosti, na djelu je proces izgradnje subdržavne baskijske nacije. Autonomija je omogućila i izgradnju lokalnih elita, dolazak baskijskih nacionalista na vlast, kao i stranačko nadmetanje u baskijskom nacionalizmu. Sve to omogućilo je i da AZ Baskija krene izrazito "baskijskim" smjerom. Ona je potencijalno samo korak do pune neovisnosti, kojoj nedostaje još "prozor mogućnosti", koji se dogodio npr. raspadom bivših komunističkih federacija. U francuskoj Baskiji ne postoji teritorijalna, odnosno institucionalna autonomija. Ne dajući im "prozor mogućnosti" za razvoj i jačanje, građanska i unitarna država u Francuskoj odigrale su značajnu ulogu u ublažavanju baskijskog nacionalizma i secesionizma. Slučajevi španjolske i francuske Baskije pokazali su kako (ne)postojanje autonomije znatno utječe na periferni nacionalizam i secesionizam, kao i na potencijal za secesiju. ; In the last couple of years, the rise of secessionism in several democratic, Western European countries - from the United Kingdom (Scotland) and Belgium (Flanders) to Spain (Catalonia and the Basque Country) has been noted. All of them have something in common. In addition to having a heterogeneous ethnic structure, that is, the existence of distinct historical ethnic communities, all of these states have also, in the last couple of decades, gone through dramatic administrative and structural changes. From unitary states they had once been, they have transformed in a way which resulted in the introduction of either a certain degree of devolution or even in federalization. Consequently, historical ethnic communities have achieved a certain degree of autonomy, ranging from a partial and asymmetric decentralization ("devolution") as in the case of Scotland, to an extensive autonomy of the so-called autonomous communities of Spain. The intention of the central state and the legislator has been, inter alia, to safeguard the state unity and strengthen the state by accommodating the grievances of ethnic communities and their elites. The final outcome, however, has often been adverse to initial intentions. In the newly formed administrative units, "proto-states" of the ethnic minorities, there has been a rise in nationalism and secessionism. The purpose of this dissertation is to tackle this phenomenon and explore the causal relationship of autonomy and nationalism/secessionism. That is, the idea whether the autonomy itself strengthened nationalism and secessionism in the autonomous territories, thus acting as "subversive institutions" towards the central State, has been examined. In order to test the hypothesis and the arguments of the theory of subversive institutions, a dual comparison of two cases, Spanish and French Basque Country, and the most similar systems design have been used. The most similar systems design holds that the two cases share many common features and differ in only one. For instance, French and Spanish Basque Country are situated in the same region, share common language and ethnic origins; they are both parts of wider nation-states, face situation of diglossia etc. A differing feature, in this case, autonomy in the Spanish Basque Country – Autonomous Community of the Basque Country –Euskadi, is held responsible for the different outcome (stronger peripheral nationalism and secessionism). The choice of these two cases has been prompted by the fact that they may be considered the most similar cases in extremis, given that it is the same people on the two sides of the state border.The Basques, minority group with their own language and culture, for centuries have been divided among Spain and France. In France of today the Basques enjoy neither status of a national minority nor an institutional autonomy. In Spain, however, after a difficult period of Franco's dictatorship and the country's restructuring in 1978 on a quasi-federal principle, the Spanish Basques got acknowledgement of their national uniqueness (through a status of a nationality), and the Basque Country gained a significant institutional autonomy through so-called Autonomous Community of the Basque Country. In spite of the accommodation of most of the Spanish Basques' grievances, both on a tangible level (economic, political and cultural) and on a symbolic level (national and state symbols), the Spanish Basque Country still faces secessionism, while that phenomenon is hardly visible in its French counterpart. The dissertation explores whether the autonomy, instead of accommodating the Spanish Basques in the framework of the Spanish State, has contributed to the growth of their nationalism and secessionism. Conversely, the dissertation explores also whether the French civic state has contributed to attenuation of the peripheral, in this case, Basque nationalism. In France there are no "autonomic" institutions, but as a result of political and societal changes in France and external pressure from the South, i.e. from the Spanish Basque Country (spill over effect or Galton's problem), a "new governance" with specially designed institutions has been developed to partially accommodate the Basque grievances. Deprived of any substantial competences, executive or financial, they are a pale shadow of their Spanish counterparts. However, precisely for that, they serve as a good example to make comparative research in order to show the immense difference the autonomy per se can make. The research relies on the Valerie Bunce' s theory of "subversive institutions", which she tested on the cases of the former communist federations Soviet Union (USSR), Czechoslovakia (CSFR) and Yugoslavia (SFRY). Valerie Bunce (1999), explaining the collapse of former communist federations USSR, CSFR and SFRY, put forward a thesis that their design created preconditions for creating states within state. Consequently, the structure itself brought about the collapse of the communist bloc, and within it, of the federations USSR, CSFR and SFRY. Therefore, Bunce holds that the federalism created nations at the republican level or, if they had already been "defined", the federalism strengthened them. In other words, federal structure where the autonomous/federal units enjoyed relatively wide autonomy, in the long term acted centrifugally and finally led to the collapse of states (federations). With the advent of Gorbatchev and perestroika, consequent abandoning of the Brezhnev doctrine, and array of events that brought upon the collapse of communism and of federations, federal units – new "nations-in-the-making", took advantage of the situation ("window of opportunity") and proclaimed their independence.Bunce's theory and arguments have been applied on the situation in Spain. In the second case of the French Basque Country, and especially in the following comparative analysis, the situation in Spain can be/ is compared with the situation in France. It is thus possible to test the hypothesis on subversive institutions and to note the differences produced by the existence of autonomy in Spain. Bunce's theory has been tested on Spain (Spanish Basque Country) particularly for its quasi-federal structure of so-called autonomous communities (comunidades autónomas), or in Spanish jargon, Autonomías. Spanish autonomías provide a certain framework of a proto-state, nation-state, "state-in-waiting", and strengthen the centrifugal forces and local nationalism in a way, maybe to a lesser extent, but similarly as former republics of the ex-socialist federations. There comes the idea to test the theory of subversive institutions on Spain, i.e. Spanish Basque Country. In the introductory chapters of the dissertation, the phenomena of identity and nationalism have been tackled, followed by the theory of subversive institutions, as well as other supportive theories of the official nationalism (Anderson, 1990), path dependency (Krasner, 1984) and logic of appropriateness (March and Olsen, 2009). Finally, the three main arguments of the theory of subversive institutions have been elaborated, as well as the fourth, "counter argument". The two case studies follow, of the Spanish and the French Basque Country, structured in the same or very similar way. Firstly, the phenomenon of the Basque identity, its formation and its specifics for each of the two cases, has been elaborated. Secondly, the relation of the State towards the Basques and their identity has been examined in more depth. Within that framework, process of state building and other "counter-subversive action" of the state, with the aim of diminishing the peripheral nationalism and secessionism, has been tackled. Separate chapters have been dedicated to the transition to autonomy in the Spanish Basque Country (and to the Spanish Estado de las Autonomías /State of Autonomies) Bunce's theory and arguments have been applied on the situation in Spain. In the second case of the French Basque Country, and especially in the following comparative analysis, the situation in Spain can be/ is compared with the situation in France. It is thus possible to test the hypothesis on subversive institutions and to note the differences produced by the existence of autonomy in Spain. Bunce's theory has been tested on Spain (Spanish Basque Country) particularly for its quasi-federal structure of so-called autonomous communities (comunidades autónomas), or in Spanish jargon, Autonomías. Spanish autonomías provide a certain framework of a proto-state, nation-state, "state-in-waiting", and strengthen the centrifugal forces and local nationalism in a way, maybe to a lesser extent, but similarly as former republics of the ex-socialist federations. There comes the idea to test the theory of subversive institutions on Spain, i.e. Spanish Basque Country. In the introductory chapters of the dissertation, the phenomena of identity and nationalism have been tackled, followed by the theory of subversive institutions, as well as other supportive theories of the official nationalism (Anderson, 1990), path dependency (Krasner, 1984) and logic of appropriateness (March and Olsen, 2009). Finally, the three main arguments of the theory of subversive institutions have been elaborated, as well as the fourth, "counter argument". The two case studies follow, of the Spanish and the French Basque Country, structured in the same or very similar way. Firstly, the phenomenon of the Basque identity, its formation and its specifics for each of the two cases, has been elaborated. Secondly, the relation of the State towards the Basques and their identity has been examined in more depth. Within that framework, process of state building and other "counter-subversive action" of the state, with the aim of diminishing the peripheral nationalism and secessionism, has been tackled. Separate chapters have been dedicated to the transition to autonomy in the Spanish Basque Country (and to the Spanish Estado de las Autonomías /State of Autonomies) after the 1978 Constitution, possess almost the entire state administration. One of the 17 autonomous communities, Autonomous Community of the Basque Country - Euskadi has a clearly defined territory, a democratically elected Parliament (officially called the Basque Parliament), a Government, officially called the Basque Government, ministries (called departamentos, departments, headed by consejeros, counselors), a Prime Minister, Lehendakari, with some prerogatives of a President, including state honours and palace. His office includes a mini Ministry of Foreign Affairs (Acción Exterior – External Action), with its delegations abroad. Thus, the Basque Government can project its image abroad. The autonomous administration has some 60 000 employees, to which one has to add the 30 000 employees of the provincial and communal administration, and disposes of a 10.6 billion € budget. At the same time, the central state administration in the Basque Country counts only 15 000 employees. Euskadi disposes of its own police forces Ertzaintza. As mentioned before, several authors argue that with such a developed administrative apparatus, a "segment-state", in our case the Spanish Autonomous Community of the Basque Country- Euskadi, has been in power for most of the post-1978 Constitution period. Its institutions are consequently able to act as centrifugal ("subversive") institutions, transmitting nationalist messages through media, education system, and regional institutions. But their nationalist message is not of Spanish, but of peripheral, in this case, Basque nationalism. Given the specific, unfavourable linguistic situation of diglossia, and the importance of language for national (and Basque) identity, the Basque Governments took it as a mission to restore to the Basque language a status of a full-fledged official and education language, in a sense of Gellner's "language of high culture" (1998). (Re)Introducing the Basque language, not only in schools and universities, but literary everywhere, rebasquisating Euskadi, a Basque identity has been (re)enforced. Nowadays almost all institutions under the competence of local, autonomous institutions in the Spanish Basque Country are obliged to adopt Action plans or Five-year plans on the language normalization, that is, reinforced use of the Basque language. The Basque Government, in that way projects certain ideology and builds up and strengthens the Basque national identity. A new, Basque nation is being built.The statistics speak for themselves. Before the autonomy, that is, before 1978/1980, education language was 100% Spanish. Nowadays, only a tiny 0.5% of students study exclusively in Spanish (so called Model X), and 15.3% in Model A, with education in Spanish, and Basque language as one of the subjects. 18.9% study in bilingual schools (Model B) and the high 65.3% study in Basque schools (Model D), with Spanish language as one of the subjects. The presence of the Basque language is enforced in other areas as well. For instance, in public administration the targeted percentage of Basque speakers should be 48.46% and it should increase with the rise of knowledge of the Basque language in general population. Moreover, the presence of the Basque language is checked regularly in yearly evaluation reports. In the Parliament, in 2005-2009 legislature, 56% of deputies spoke Basque, while in 2013 the percentage rose to 68,5%. At the University of the Basque Country, in Academic year 1995/1996, 27.2% of the students studied in Basque, while in 2013/2014 the percentage rose to 64.3%. The number of bilingual professors (Basque and Spanish) rose from 35.1% in 2006 to 47.8% in 2013. Similar processes can be followed everywhere.As far as identity is concerned, the 35% of the interviewees in the opinion polls conducted by the University of the Basque Country declare themselves as "only Basques", 21% as "more Basque than Spanish", 35% "equally Basque and Spanish", 3% "more Spanish" and 3% "only Spanish". As it can be noted, Basque identity prevails, with a significant percentage of dual identity. Spanish identity (more or exclusively Spanish) is quite low. Opinion polls also testify of the presence of a strong local (Basque) patriotism, and at the same time, mistrust in Spanish State institutions. For example, 62% of the interviewees show trust in the Basque Government, 61% in the Basque Parliament and Basque police Ertzaintza, while only 39% in the King, 15% in the Spanish Cortes and 11% in the Spanish Government. Trust in the Basque Prime Minister is 56%, while in the Spanish Prime Minister it is only 7%. Regarding the attitude towards secessionism, 35% of interviewees support the present autonomous status, 29% favour federation (which understands a more autonomy), 7% favour more centralization and 25% favour secession. Although the latter percentage alone seems low as to provide proof of secessionism in stricto senso, the sum of the all percentages, except for 7% for centralization, should be taken into consideration if secessionism were to be regarded in a wider sense (as peripheral nationalism; autonomism and secessionism; Horowitz, 1985). From the data above, the conclusion can be drawn that the process of Basque nation-building maybe has not finished yet, but is well under way and that there is a "Basque direction" of the Euskadi. As for the Basque language in the French Basque Country, though it is increasingly present in its schools, public institutions and society, it still does not enjoy an official status. The improvement of linguistic situation is only partially due to the incitement on the part of the authorities. There is an immense difference from Spain. The French state after 1980-s allowed more freedom and space for "regional languages" to be taught, but did not impose it, force it by "dictate", as has been in the case of Euskadi. The main credit for the improvement of status of the Basque language is due to the efforts of the civil society, associations and citizens themselves. The results, comparing the Spanish and the French Basque Country, vary accordingly. Only 36,6% of school children attend some Basque language classes, while in Spanish Basque Country it is 99,5%. There is the Public Office of the Basque Language (OPLB), that helps and promotes teaching Basque language in the French Basque Country, but it has no authority to impose the Basque language in education as the Viceconsejería de Política Lingüística of the Gobierno Vasco and the Gobierno Vasco in the Spanish Basque Country. Only 11% of the interviewees feel "only Basques", 5% "more Basques", 24% "equally Basques and French", 16% "more French and 36% "only French". In the French Basque Country, the French identity and the French language in both education and society prevail. There is no "Basque direction" or Basque nation-building process. The third argument of the theory of subversive institutions is about elites' building. In Euskadi, there is the local (Basque) Parliament, where the Basque nationalists have dominated since the first elections after the establishment of autonomy (1980), with an average of 60% of votes/seats, except for the period 2009-2012 (due to a ban of the Basque radicals before the elections). In the current legislature, 2012-2016, the nationalists (moderate PNV-EAJ and radical EH Bildu) have 48 out of 75 seats. That means that they have been able to impose a "Basque direction", e.g. policies of rebasquization (termed language normalization), or vote the Ibarretxe Plan. There are also numerous examples of party competition in nationalism and local patriotism, e.g. the issue of Basque language use, flag, coat of arms or anthem. In the French Basque Country, due to non-existence of a local Parliament or self-rule, there are no such phenomena. There have been since decades Basque nationalist parties, and they score up to 10% of the votes. Nowadays, there is also a Basque nationalist party, AB (Abertzaleen Batasuna), which is relatively successful at the lower, communal level, having around 100 councillors. However, the non-existence of a Basque administrative unit,département, and centralist French electoral and administrative system, result in a situation where only two Basque nationalist councillors managed to enter the General Council of the Département Pyrénées-Atlantiques, of which French Basque Country is a part. And there they are only two of the 54 councillors. Therefore, even if at the lower, communal level, Basques nationalists can enter the local communes and be part of ruling coalitions, or form associations of local councillors and mayors, they cannot impose a more "Basque direction" of the whole French Basque Country, like their Spanish Basque counterparts. The autonomy, embodied in the Euskadi's Basque parliament, enabled Basque nationalists in the Spanish Basque Country (Autonomous Community of the Basque Country – Euskadi) to come to power at the local level and to direct the (Spanish) Basque Country towards a "Basque direction". In addition, it helped also to build up their own elites – party elites and leaders, Government and Parliament dignitaries, above all the Prime Minister- Lehendakari, local public company managers, University, Academy, institutes' directors etc. If a potential future new country needs the infrastructure (i.e. state administration, the framework), it also needs identity/ideology and leaders (the contents and experts). And here they are! Not only are they in place, but they are in power! Finally, having their own Basque University will help to reproduce new Basque elites. In contrast, the French Basque Country does not possess almost any of the above. Indeed, the difference produced by autonomy is immense. A special attention has been given to the Ibarretxe Plan which represents at the same time a peak of the autonomy, but also shows its limits. Juan Jose Ibarretxe, Euskadi's Prime Minister (Lehendakari) from 1999 to 2009, put forward in 2003 his Proposal for Reform of the Political Statute of Community of Euskadi, popularly known as Ibarretxe Plan. It was actually a proposal for a confederation between the Basque Country and Spain. The relations between them would be based on a "free association"(Art.1). Without going into details of the Proposal, suffice it to say that, had it been enacted, even without a completely independent Basque Country, it would mean the end of Spain as we know it today. The Plan was approved by the Basque Government in 2003, and a year later, by the Basque Parliament, although with a narrow majority of 39 out of 75 votes. However, in order to be enacted, the Proposal should have passed in the Spanish Parliament. It was not surprising that the Spanish Parliament had rejected any discussion about it. Today a Spanish "carte blanche" for an independent Basque Country seems completely unimaginable. Nevertheless, remembering the "velvet divorce" of Czech and Slovak Republics and bearing in mind as well the development of situation in Catalonia, one cannot exclude, under different circumstances and leadership in Madrid and Euskadi, a possibility of a "new Ibarretxe Plan" leading to a "velvet divorce" and eventually to an independent Basque Country. To conclude, the autonomy enabled institutions (Parliament/Argument 1), nurtured Basque identity (Argument 2), enabled Basque nationalists to come to power, created a space for Basque elites and leaders and created space or even incentives for party competition in Basque nationalism (Argument 3). The thing the autonomy has not produced, and that lacks for secessionists, is a "window of opportunity" (Bunce, 1999). But if the "window" opens, as in the case of e.g. Czechoslovak "velvet divorce", an opportunity for a potential sovereign Basque state could be created. The comparative analysis has showed more sharply the differences between the two cases resulting from the existence of the autonomy in the Spanish Basque Country (Autonomous Community of the Basque Country- Euskadi) and its absence in the French Basque Country. While in Euskadi the nationalists have since 1980 scored around 60% of the votes in the Basque Parliament and dominated local politics for most of the time, in the French Pays Basque they never score more than 10% and have always been quite irrelevant at the regional local level (except for the lower local level of municipalities). The Basque identity prevailed in Euskadi and French in the Pays Basque. The Basque nationalists have been able to impose a "Basque direction" and an intensive "basquization" within the language normalization policy in Euskadi, which has not been the case in Pays Basque. Finally, a serious sovereignist/secessionist attemps – Ibarretxe Plan occurred, materialized, and was voted in the Basque Parliament of Euskadi, while in the Pays Basque anything of a kind is beyond imagination. There is no French Basque Government to conceive such a plan, no French Basque Parliament as a forum where such a Plan could be voted and no prevalence of Basque nationalists to vote such a plan…All of these phenomena are direct or indirect results of the autonomy or were allowed and fostered by the autonomic institutions in the Spanish Basque Country. Conversely, they are missing in the French Basque Country due to lack of autonomy. The two cases confirmed the hypothesis that the autonomy in ethno-federal arrangements fosters peripheral nationalism and secessionism and a potential for secession, while civic State attenuates them. Interestingly enough, even the consultative institutions of the French "new governance", initially quite powerless, managed to acquire some of the features of the "subversive institutions". They have become increasingly "Basque" and have taken a "Basque direction". However, the civic, centralised and unitary State prevented these institutions stripped of a real power from taking a lead in the Basque nationalism, to gain any significant power, or to direct the French Basque Country in any "Basque direction". The civic State in France indeed acted in attenuating peripheral, Basque nationalism by not providing it a "window of opportunity" to grow.

NOTA DEL EDITOR (A.C.)Este artículo inicia la revisión de las obras cinematográficas de un documentalista excepcional: el argentino Enrique Piñeyro. En esta ocasión toca el turno a Fuerza Aérea S.A. (2006). En próximas entregas, otros colaboradores abordarán su film de ficción Whisky, Romeo, Zulú (2004) y esa pieza magistral del periodismo de investigación que es el documental El Rati Horror Show(2010). La peculiaridad de esta serie que hoy inauguramos reside en que no ha de involucrar necesariamente comentarios propios del periodismo cultural, o de la crítica cinematográfica convencional, sino la puesta en juego de insumos provenientes de diversas ciencias sociales. A vía de ejemplo, sin pretender ser exhaustivos, la sociología (Paul Lazarsfeld, Robert Merton), la antropología (Malinowski), la psicología social (Elliot Aronson) y las teorías de la comunicación (Jerry Mander).Lo de Enrique Piñeyro ha sido una cruzada. Y una cruzada que, pacientemente y bajo condiciones que se analizarán, ha dado sus frutos. Su investigación, exposición y denuncia de la mala situación de la aviación civil argentina causada por la corrupción y negligencia de la Fuerza Aérea ha logrado impactar en la opinión pública rioplatense y mundial y así presionar, no sin obstáculos, a las autoridades competentes. Menos de dos días luego de estrenada Fuerza Aérea Sociedad Anónima en 2006 (en adelante FASA), desde el gobierno argentino presidido entonces por Néstor Kirchner se decidió quitar la tutoría de la aviación civil a la autoridad militar. Hoy la ANAC (Administración Nacional de Aviación Civil Argentina) depende de la Secretaría de Transporte.Pocas veces se ve tan claro el poder de denuncia de los medios de comunicación. Sin embargo, no siempre funciona con el mismo éxito. Algunas denuncias, como la de Piñeyro, de alguna manera prosperan; otras, quedan en el olvido. No obstante, esto no es arbitrario. A continuación se analizarán los factores que han hecho que un producto que podría catalogarse como periodístico (el mismo Piñeyro identificó esa condición) cumpla con la función de "reafirmación de normas sociales" que Paul Lazarsfeld y Robert Merton definieron para los medios.Es posible que los medios masivos de comunicación estimulen la acción social organizada "denunciando" situaciones que contradicen la moralidad pública. (…) La publicidad ejerce presión para una moralidad única y no dual impidiendo que se eluda la cuestión de modo permanente. Suscita reafirmación pública y aplicación (aún esporádica) de la norma.1En este caso, el producto configurado por Piñeyro logró la reafirmación de normas desvirtuadas por la corrupción y la indiferencia. Convirtió esas falencias que podían ser relativamente toleradas por la moralidad privada (como lo demuestran las cámaras ocultas de personas que conocían la situación pero por diversas razones no se oponían a ella) en moralidad pública, obligando a la opinión pública y, con ésta, a las autoridades, a actuar en consecuencia. A este respecto tenemos algo que aprender de las observaciones de Malinowski entre sus queridos habitantes de las Islas Trobriand. Allí, según informa, no se efectúa ninguna acción social organizada con respecto a una conducta desviada de una norma social a menos que haya un anuncio público de esa desviación. No se trata simplemente de poner a los individuos del grupo al corriente de los hechos en cuestión. Es posible que muchos hayan estado privadamente al tanto de esas desviaciones, pero que no hayan reclamando acción pública. Pero cuando las desviaciones de conducta se hacen simultáneamente públicas para todos, esto pone en movimiento tensiones entre lo "privadamente tolerable" y lo "públicamente reconocible".2Las tensiones entre lo privadamente tolerable y lo públicamente reconocible son materializadas en Enrique Piñeyro quien, habiendo trabajado once años como piloto en LAPA (Líneas Aéreas Privadas Argentinas), pudo superar la tolerancia privada de las desviaciones. Sin embargo, al denunciarlas en el mismo registro privado en que se mantenían, no logró ninguna repercusión. A la vista está cómo todas las falencias denunciadas privadamente por Piñeyro confluyeron en el accidente aéreo de LAPA en 1999 en el que fallecieron 65 personas. Sin embargo, aprovechando sus antecedentes como actor, Piñeyro logró llevar a la esfera pública lo privadamente tolerado. Haciéndolo reconocible, la moralidad, entes dual, logró unificarse, obligando así la toma de posición de la opinión pública e inmediatas acciones de los responsables. Piñeyro consiguió entender así la fuerza de la publicidad en la denuncia; haciendo salir del ámbito privado sus objeciones rompió con la tolerancia fatídica de la desviación no iluminada. "La publicidad cierra la brecha entre ´actitudes privadas´ y ´moralidad pública´" (Lazarsfeld y Merton; Op. Cit.), y así lo entendió y aprovechó Enrique Piñeyro. Sin embargo, no basta con la exposición pública masiva de una desviación para provocar repercusiones. En FASA confluyen además varios aspectos que Lazarsfeld y Merton identificaron como condiciones que hacen posible la denuncia e imposición de normas sociales. "A veces los medios masivos de comunicación pueden organizar las actividades de denuncia convirtiéndolas en una cruzada",3destacaron los reconocidos sociólogos. Las acciones de denuncia de Piñeyro podrían identificarse claramente como una cruzada: la organización de los discursos, la exposición de las pruebas a la opinión pública y a la justicia, la elaboración de los productos audiovisuales a través de una productora propia (desde Whisky Romeo Zulú hasta Fuerza Aérea Sociedad Anónima transitando por la aparición y difusión en programas televisivos y otros medios de comunicación). Enrique Piñeyro tomó las irregularidades que él mismo presenció en la aviación civil como causa propia y las organizó racionalmente como denuncia pública para llegar a las consecuencias deseadas. Estudiando las cruzadas emprendidas por los medios masivos de comunicación se podría avanzar mucho en el sentido de dar respuesta a interrogantes fundamentales acerca de la relación de dichos medios con la acción social organizada. Es esencial saber, por ejemplo, en qué medida la cruzada proporciona un centro organizativo para individuos que, en otros aspectos, no están organizados. (…) En algunos casos, quizá su efecto fundamental no sea tanto suscitar una ciudadanía indiferente como alarmar a los acusados, conduciéndolos a medidas extremas que, a su vez, los malquistan con el electorado. Es posible también que los principales culpables de la corrupción teman la cruzada debido solamente al efecto que prevén sobre el electorado.4En este caso, la cruzada de Piñeyro logró informar e impactar a la opinión pública de tal manera que las autoridades, temiendo por la pérdida de electorado, debieron acelerar al máximo la toma de decisiones. Así, 24 horas después de estrenada FASA el gobierno se apuró en decidir la separación de la Fuerza Aérea de la aviación civil. Sin embargo, nunca se admitió, ni se hará, que eso se resolvió como resultado de la cruzada de Piñeyro. Como forma de mantener y quedar bien ante el indignado electorado, siempre se optó por declarar que la decisión ya había sido tomada. Tal vez la cruzada influya en el público de manera indirecta. Es posible que centre la atención de una ciudadanía hasta entonces aletargada –que se ha vuelto indiferente a través de la familiaridad con la corrupción reinante- en algunas cuestiones simplificadas dramáticamente. Como señaló una vez Lawrence Lowell refiriéndose en general a estos problemas, las complejidades suelen inhibir la acción de masas. Las disyuntivas públicas deben ser definidas en alternativas sencillas, en términos bien contrastados, para que sea posible la acción pública organizada. Y esta presentación de alternativas sencillas es una de las principales funciones de la cruzada.5Y definitivamente Piñeyro se ha esforzado por simplificar su denuncia en sus productos audiovisuales, fundamentalmente en FASA. La utilización de reconstrucciones, gráficos y maquetas fácilmente entendibles hacen que un tema complejo, inherentemente técnico, sea muy aprehensible para el público. A su vez, las responsabilidades se ubican, como Lazarsfeld y Merton identificaban, en términos bien contrastados: por un lado la Fuerza Aérea, incapaz de administrar correctamente los servicios de aviación civil, corrupta y negligente; y del otro lado las víctimas: toda la población que hace uso del servicio, cuyo vocero y representante es el mismo Piñeyro.Siendo el protagonista, materialización de los intereses de la población, Enrique Piñeyro debe hacer confluir en su persona características que hagan aumentar su credibilidad y, con ésta, el éxito de la denuncia. Ya hacía énfasis el psicólogo Elliot Aronson, a través de su libro Introducción a la psicología social, en la importancia de la credibilidad como factor que hace más viable el éxito de la comunicación. Así, aquellas personas fidedignas y confiables sobre cierto tema serán más creíbles en lo que respecta a esa área específica.Aristóteles dijo que creemos en los hombres "buenos", queriendo decir con ese término hombres de gran fibra moral. Hovland y Weiss utilizan el término "creíbles", que elimina las connotaciones morales presentes en la definición aristotélica. Oppenheimer, un juez del tribunal de menores y el ministro de Sanidad son todos creíbles –lo cual no implica decir que son todos necesariamente "buenos", sino que son expertos y fidedignos-. Es sensato dejarse influir por alguien que es fidedigno y sabe del asunto; es razonable que las personas sean influidas por J. Robert Oppenheimer cuando expresa una opinión sobre la energía atómica, y es razonable que las personas sean influidas por el ministro de Sanidad cuando habla sobre seguros médicos. Son hombres expertos, fidedignos.6Sin duda Piñeyro tiene varios motivos para ser creíble en el tema que está tratando: fue por once años piloto de LAPA y, a su vez, es médico aeronáutico e investigó el accidente de Austral en 1997. Su experiencia justifica ampliamente su derecho a hablar del tema y, por lo tanto, le confiere credibilidad ante el público. Sus conocimientos también le permiten simplificar los elementos más técnicos, acercando a la gente aquello que podría, por su complejidad, ser inaccesible para ella. ¿Cómo no va a ser creíble y fiable un especialista en el tema que trabajó más de una década en la institución sobre la que está hablando? A su vez, Piñeyro utiliza hábilmente esa experiencia para explotarla al máximo en términos persuasivos: la saca a relucir en encuentros mano a mano con integrantes de la Fuerza Aérea para hacer mayor énfasis en la falta de profesionalismo e instrucción de los militares en el ámbito de la aviación civil. Su premisa de que la aviación debe estar en manos de los que saben cobra así mucho más fuerza. Y su experiencia contrapuesta a la ignorancia de los militares a los que interpela aumenta radicalmente su credibilidad y confianza.Sin embargo, existe otro factor identificado por Aronson que contribuye también a enfatizar la credibilidad del director de FASA: la argumentación contra su propio interés.¿Cómo puede ganarse una persona nuestra confianza a pesar de no agradarnos? Uno de los modos es que esa persona argumente contra su propio interés. Si una persona nada tiene que ganar (y quizá sí algo que perder) convenciéndonos, confiaremos en ella y será más eficaz.7En el caso de Piñeyro, claro que existen aspectos a favor de su interés, como los monetarios por la venta y difusión de sus productos audiovisuales y el prestigio como director. Sin embargo, hay un gran factor que es consecuencia de su argumentación y atenta de gran manera contra su interés, pudiendo generar en el público un aumento de la credibilidad: el peligro de su denuncia. Fue de público conocimiento que, durante la investigación y difusión de FASA, Piñeyro fue amenazado de muerte. Un hecho como ese puede generar un aumento de la confianza en el público proclive a admirar la valentía del investigador al seguir con su objetivo. Esto se relaciona con dos elementos fundamentales desde la perspectiva ética que, advertidos desde el público, elevan la credibilidad y admiración por el emisor y el mensaje: la honestidad y el coraje. Ya enfatizaba Agustín Courtoisie que "es menester evaluar la presencia o ausencia de dos virtudes fundamentales en el periodismo: la honestidad y el coraje"8. A la vista está el coraje de Piñeyro: pese a las amenazas y las intimidaciones, no detuvo su denuncia contra la institución que, precisamente, ostenta una parte del monopolio legal de las armas. En el caso de la honestidad, flaquea un poco con la utilización de cámaras ocultas como recursos argumentativos, sin embargo, esto queda compensado a través de la prolija documentación y evidencias que presenta Piñeyro como prueba a sus aserciones. A su vez, el hecho de haber luchado internamente contra las irregularidades siendo piloto de LAPA y el haber renunciado a su cargo por ética, aumentan varios puntos en su honestidad y, correlativamente, en su credibilidad ante el público. Haber renunciado a su trabajo y el riesgo de perder la vida sin duda son factores que atentan fuertemente contra su interés y, por lo tanto, de acuerdo a los postulados de Elliot Aronson, lo hacen un emisor más creíble.Es de destacar que el primer recurso que Piñeyro eligió para difundir sus denuncias fue el de película de ficción Whisky, Romeo, Zulú. Sin embargo, no arbitrariamente seleccionó el género documental en su segundo producto de denuncia. Tal vez se percató de que esa forma le daría la oportunidad de explotarse de mejor manera como emisor y aumentar su potencial credibilidad. Hablando a cámara y dirigiéndose directamente al público, sin "diégesis" de por medio, el mensaje llega más personalmente y aumenta su eficacia. Aunque las funciones y las formas sean autónomas, y determinadas funciones puedan cumplirse a través de más de una forma; hay ciertas formas que favorecen en determinadas circunstancias la eficacia de la función. Las repercusiones evidencian de qué manera el género documental fue más eficiente que el de ficción, y esto porque posee otras cualidades persuasivas que Piñeyro explotó. La credibilidad, como ya se vio, fue una de ellas. Vale aclarar que la credibilidad esbozada en FASA, relacionada íntimamente a la experiencia de Piñeyro como piloto y especialista en aeronáutica, fue potenciada para posteriores proyectos a través de las repercusiones favorables de ese primer documental. Así lo destacaban también Lazarsfeld y Merton al identificar las consecuencias de las cruzadas exitosas.Es muy posible que una cruzada victoriosa ejemplifique un proceso circular, autosostenido, en el cual la preocupación de los medios masivos de comunicación por el interés público coincide con su propio interés. Quizá la cruzada triunfante aumente el poderío y prestigio del medio masivo de comunicación, volviéndolo con ello, a su vez, más formidable en posteriores cruzadas, que si logran éxito, pueden impulsar más aún su poderío y prestigio.9En este caso no es el medio sino el emisor cuyo poderío (entendido en términos de fama y credibilidad) aumenta. Así, cuatro años luego del éxito de FASA, Piñeyro estrena El Rati Horror Show (2010), esta vez sobre un impactante caso de corrupción en la policía bonaerense. No sin razón desde la producción se eligió difundir el nuevo documental bajo la acotación de "Una película de Enrique Piñeyro"; es que se traslada de esa manera la credibilidad ya acumulada y, aunque la película ya no trate de aviones, su área de especialidad, el público le va a creer como si lo hiciera.Además de afianzar su credibilidad, Piñeyro utilizó varias estrategias persuasivas identificadas por Aronson. La argumentación bilateral, recomendada por el psicólogo social ante determinados públicos, fue una de ellas. El que un comunicante mencione los argumentos de la oposición puede indicar que es una persona objetiva y ecuánime, lo cual podría incrementar su eficacia. Por otra parte, si un comunicante menciona los argumentos de la otra parte, quizá sugiera al público que la cuestión no está muy clara; lo cual puede producir confusión en el público, crear un equívoco y, en última instancia, reducir quizá la capacidad persuasiva de la comunicación. Teniendo en cuenta esas posibilidades, no debe sorprender al lector la falta de una relación simple entre argumentos unilaterales y eficacia de la comunicación. Depende en cierta medida de la inteligencia del público; cuanto más inteligentes son los miembros del público, menos tienden a verse persuadidos por un argumento unilateral y más por un argumento que invoca las razones fundamentales en contrario y que luego procede a rebatirlas.10Piñeyro opta con razón en integrar una argumentación bilateral a FASA. Mediante partes de archivo de programas televisivos se incluyen ciertas defensas desde las Fuerzas Armadas. Esto se estima correcto debido a que, por un lado, no dejar entrar "la otra campana" hubiese faltado a una obligada ecuanimidad y resultado sospechoso. A su vez, dada la contundencia de las pruebas de Piñeyro, no sólo no implicaba ninguna amenaza incluir la voz de los brigadieres, sino que daba pie para una victoria argumentativa cuasi humillante de Piñeyro sobre ellos. Ante público entendido o no, la argumentación bilateral resultó sumamente adecuada.Es también la apelación a lo emocional otro de los recursos que se destaca en los productos de Piñeyro. "¿Persuade más una comunicación que va dirigida a la capacidad razonante del público, o si tiende a excitar sus emociones?",11 se preguntaba Elliot Aronson para mostrar luego cómo el miedo, la apelación emocional, es muy eficaz en la persuasión, más incluso que la argumentación puramente racional. Así lo explicaba el psicólogo social a través de una sencilla anécdota:Hace varios años vivía yo en una comunidad que estaba a punto de votar la conveniencia de fluorar o no la reserva de agua como medio de combatir la caries dental. Los partidarios de la fluoración estaban llevando una campaña de información que parecía bastante lógica y razonable. Se basaba sobre todo en declaraciones de conocidos dentistas describiendo los efectos del flúor y analizando las pruebas de reducción de la caries dental en áreas de agua fluorada, y también se apoyaba en declaraciones de médicos y otras autoridades sanitarias afirmando que la fluoración carecía de efectos perniciosos. Los oponentes utilizaban incitaciones de aroma mucho más emocional. Por ejemplo, un panfleto consistía en un gran retrato de una rata bastante fea con la inscripción: "No permitáis que pongan matarratas en el agua de beber". La votación dio como resultado un no rotundo.12En el caso de FASA, al igual que en esta anécdota, se utilizan preceptos racionales (como que el flúor se utiliza en dosis masivas para matar ratas) y se los expone bajo formas lo más emocionalmente impactante posibles. Es el caso, por ejemplo, de la afirmación inicial del documental: "En los dos años transcurridos durante 1997 y 1999 murió más gente en accidentes aéreos que en los 27 años precedentes". Siendo esta una aserción real, es la forma de oposición de la oración la que resalta los datos, buscando generar, más que una captación racional de lo que se dice, un impacto emocional: miedo. Lo mismo se busca durante todo el documental, las reconstrucciones gráficas (o simulaciones digitales) de los accidentes, por ejemplo, infunden el mismo temor. Ese impacto intenta Piñeyro también cuando vuelca sobre una mesa una bolsa de avioncitos de juguete representando los aviones rotos. El apoyo de lo racional mediante formas de impacto que apunten a lo emocional persuade más eficientemente que una argumentación puramente racional, y Piñeyro lo supo aprovechar en FASA. Sin embargo, es en El Rati Horror Show en el que se encuentra un ejemplo más claro aún de búsqueda de apelar a lo emocional: cuando Piñeyro se propone a filmar y grabar el sonido, a través de una reconstrucción, de los impactos de bala entrando en un cuerpo, como le sucedió 8 veces a Ariel Carrera en ese fatídico día en que fue víctima de la negligencia y corrupción de la policía bonaerense. El sonido y las imágenes al detalle de las balas penetrando ese trozo de carne que colgaba en medio de una zona descampada tenían una función puramente de impacto emocional. Nada podía agregar ese esfuerzo de reconstrucción a la argumentación racional, nada se buscaba probar, ni testear, ni evidenciar; fue única y puramente para generar un mensaje totalmente emocional. "A mí me parece que tendríamos que ir y pegar un par de tiros porque viste que el cine termina banalizando lo que es recibir un tiro, siempre toma el sonido a la salida del tiro. Pero yo digo filmarlo con los micrófonos pegados al cacho de carne que sea para el impacto. Y me parece que es muy distinto sentir el impacto de la bala contra el cuerpo, el daño que eso te hace", expresaba Piñeyro en El Rati Horror Show dejando en evidencia cómo las justificaciones del experimento eran puramente de impacto emocional, un acercamiento del público a la víctima mediante una reconstrucción de su sufrimiento. Apreciaciones finalesSe ha analizado de qué manera y bajo cuáles condiciones el documental de Enrique Piñeyro Fuerza Aérea Sociedad Anónima, protagonista de su cruzada contra la tutoría de la aviación civil por la autoridad militar, ha logrado la función que identificaban Lazarsfeld y Merton de reafirmación de las normas sociales. Su carácter de cruzada; su simpleza y recursos contrastantes; la explotación de la credibilidad del emisor mediante su experiencia, honestidad y coraje; la utilización de argumentación bilateral y la apelación a lo emocional fueron algunas de las razones que impulsaron la eficacia de las denuncias y, por lo tanto, favorecieron las rápidas repercusiones. Sin embargo, haciendo énfasis ahora en la forma de materialización de las denuncias debe recordarse algo que parece obvio: es forma es televisiva. Apelando brevemente a Jerry Mander se puede poner de relieve de qué manera no fue solamente el tratamiento de la información lo que determino su éxito sino también las características inherentes a la misma.Mander titula su libro Cuatro buenas razones para eliminar la televisiónadelantando así claramente su tesis principal. Bajo esta postura se podría aventurar que los supuestos de Mander no aplican para el caso de FASA, un producto televisivo ampliamente favorable a la sociedad. Sin embargo, los temas que Piñeyro decide explotar cumplen justamente con la excepción que formula Mander en su decimosexto capítulo. Luego de introducir "Treinta y tres desviaciones intrínsecas misceláneas" de la televisión entre las que destaca que "cuando hay que elegir entre sucesos objetivos (incidentes, datos) e información subjetiva (perspectivas, pensamientos, sentimientos) serán elegidos los hechos objetivos. Es más fácil darles forma visual",13 Mander aclara:¿Estoy diciendo acaso que la televisión es totalmente inútil? Están los viejos ejemplos de la destrucción de Joseph McCarthy, las revelaciones de la guerra de Vietnam, la dimisión de Richard Nixon, el movimiento de los derechos civiles. No podemos negar que la televisión ha servido ocasionalmente a los que parecen ser, incluso a mí, propósitos progresistas. Así y todo, lo que estas cuestiones tuvieron en común es hasta qué punto estuvieron encuadradas en la clase de términos objetivos que la televisión puede manipular. McCarthy, Vietnam y Nixon quedaron al descubierto porque los puntos en cuestión fueron mentiras, engaños y actos de corrupción, es decir, cuestiones objetivas. 14Sin desmerecer todo el esfuerzo de Piñeyro, ya analizado, para garantizar el progreso y éxito de su denuncia, no se puede dejar de lado la apreciación de Mander y destacar así que, además de la forma que se le dio y los tipos de argumentos que se utilizaron para mostrar la degradación de la cultura corporativa de la navegación aérea, también fueron las características del hecho las que propiciaron su difusión: su carácter concreto, tangible y visualmente representable. Se podría concluir entonces que el hecho de que FASA cumpliera con la función de reafirmación de normas sociales se debe tanto al tratamiento dado de la información como a las características inherentes a la misma que se acoplaban a lo que el sistema de medios identifica como material televisivo.Notas1. Lazarsfeld, Paul; Merton, Robert. "Comunicación de masas, gusto popular y acción social organizada". Publicado en Muraro, Heriberto (1977) La comunicación de masas. Buenos Aires: Centro Editor de América Latina. Página 32.2. Ídem. Página 32.3. Lazarsfeld, Paul; Merton, Robert. "Comunicación de masas, gusto popular y acción social organizada". Publicado en Muraro, Heriberto (1977) La comunicación de masas. Buenos Aires: Centro Editor de América Latina. Página 33.4. Ídem. Página 33.5. Ídem. Página 34.6 Aronson, Elliot (1975) Introducción a la psicología social. Madrid: Alianza Editorial. Página 77 y 78.7. Ídem. Página 80.8. Courtoisie, Agustín (2006) "Construir modelos, analizar productos" en revista Inmediaciones de la comunicación. Vol. 5 – N°5. Página 154.9. Lazarsfeld, Paul; Merton, Robert. "Comunicación de masas, gusto popular y acción social organizada". Publicado en Muraro, Heriberto (1977) La comunicación de masas. Buenos Aires: Centro Editor de América Latina. Página 33.10. Aronson, Elliot (1975) Introducción a la psicología social. Madrid: Alianza Editorial. Página 89.11. Ídem. Página 83.12. Ídem. Página 84.13. Mander, Jerry (2004) Cuatro buenas razones para eliminar la televisión. Barcelona: Gedisa. Página 319.14. Ídem. Página 331 y 332.* Estudiante de la Licenciatura en ComunicaciónPeriodística, Facultad de Comunicación y DiseñoUniversidad ORT – Uruguay.Referencias BibliográficasAronson, Elliot (1975) Introducción a la psicología social. Madrid: Alianza Editorial. Courtoisie, Agustín (2006) "Construir modelos, analizar productos" en revista Inmediaciones de la comunicación. Vol. 5 – N°5. Lazarsfeld, Paul; Merton, Robert. "Comunicación de masas, gusto popular y acción social organizada". Publicado en Muraro, Heriberto (1977) La comunicación de masas. Buenos Aires: Centro Editor de América Latina. Mander, Jerry (2004) Cuatro buenas razones para eliminar la televisión. Barcelona: Gedisa. Referencias FilmográficasPiñeyro, Enrique (2006) Fuerza Aérea Sociedad Anónima [Película documental] Aquafilms.Piñeyro, Enrique (2010) El Rati Horror Show [Película documental] Aquafilms.Piñeyro, Enrique (2004) Whisky Romeo Zulú [Película] Aquafilms.

Article by Morris Arnold on the Arkansas Legal System during the Colonial Period. ; THE ARKANSAS COLONIAL LEGAL SYSTEM, 1686-1766 Morris S. Arnold* Except for the silence of its final letter, there is nowadays noth­ing very French about Arkansas. Yet before the American takeover in 1804 the great majority of the European inhabitants of the area presently occupied by the state were of French origin. There is s9me visible proof of this in the names, many now mangled beyond e:asy recognition, which eighteenth-century voyageurs and coureurs de bois gave to a good many Arkansas places and streams; 1 and there are, as well, a number of Arkansas townships which bear the names of their early French habitants .2 While these faint traces of a remote European past survive, ab­solutely nothing remains of the laws and customs which the ancient residents of Arkansas observed. This is no accident. It was a favor­ite object of Jefferson to introduce the common law of England into the vast Louisiana Territory as quickly as he could. In the lower territory he waited too late. New Orleans had had a large French population and a somewhat professionalized legal system for some time, and the civilian opposition, given time to congeal, proved to * Ben J. Altheimer Distinguished Professor of Law, University of Arkansas at Little Rock. B.S.E.E. 1965, LL.B. 1968, University of Arkansas; LL.M. 1969, S.J.D. 1971, Harvard Law School. This article is the first chapter of Professor Arnold's book, UNEQUAL LAWS UNTO A SAVAGE RACE: EUROPEAN LEGAL TRADITIONS IN ARKANSAS, 1686-1836, which will be published later this year. l. See generally Branner, Some Old French Place Names in the State of Arkansas, 19 ARK. HIST. Q. 191 (1960). The etymology of some of these names is difficult and interesting. Who would guess very quickly, for instance, that Smackover in Union County is Chemin Couvert (covered road) in disguise? Id. at 206. Tchemanihaut Creek (pronounced 'Shamanahaw") in Ashley County is a good deal easier: Chemin a haut (high road) must have been its original name. Its initial letter, one local historian has plausibly suggested, is probably attributable to "a misguided attempt to derive the name from the Indian lan­guage." Y. ETHERIDGE, HISTORY OF ASHLEY COUNTY, ARKANSAS 17, 18 (1959). Other names should on sight be instantly intelligible to a modern Parisian, though their current pronunciation might cause him consternation: Examples are the Terre Rouge (red earth) and Terre Noire (black earth) Creeks in Clark County, the L 'Angui!le (eel) River in north­east Arkansas, and La Grue (crane) township in Arkansas county. 2. Vaugine and Bogy Townships in Jefferson County, Darysaw (Desruisseaux) Town­ship in Grant County, and Fourche La Fave (Lefevre) Township in Perry County are good examples. 391 392 UALR LAW JOURNAL [Vol. 6:391 have sufficient muscle to win a partial victory.3 As a result, as to substantive civil matters the state of Louisiana is today a thoroughly civilian jurisdiction. In the upper territory, however, by a piecemeal process beginning in 1804, the English common law was insinuated into the legal system, until, in 1816, it was at last adopted virtually wholesale by the General Assembly of the Missouri Territory.4 The purpose of this article is to explain why civilian legal institutions proved so weak in Upper Louisiana and especially in Arkansas. It turns out that the smallness and character of the European popula­tion in Arkansas was the main cause for the vulnerability of Euro­pean legal norms there. The reception of the common law in Arkansas was simply one element in a more general exchange of cultures which occurred following the Louisiana Purchase. I At ten o'clock on the morning of March 12, 1682, Robert Cava­lier, sieur de la Salle, having been commissioned four years earlier by Louis XIV of France to explore and take possession of the Mis­sissippi and its tributaries, drew near the Quapaw Village of Kappa. The village was located on the right bank of the Mississippi River about twenty miles north of the mouth of the Arkansas. From the war chants emanating from the Indian town, La Salle judged that he was in for a hostile reception; so he hastily constructed a "fort" on an island opposite the village and awaited developments. Soon, however, the Quapaw chief sent the calumet of peace, and La Salle and his men went to Kappa where they were received with every possible demonstration of affection both public and private. Asked by the Quapaws for help against their enemies, La Salle promised that they could thenceforth look for protection to the greatest prince of the world, in whose behalf he had come to them and to all the other nations who lived along and around the river. In return, La Salle said, the Quapaws had to consent expressly to the erection in their village of a column on which His Majesty's arms were to be painted, symbolizing their recognition that he was the master of their lands. The Indians agreed and Henry de Tonti, La Salle's lieutenant 3. See generally G. DARGO, JEFFERSON'S LOUISIANA: POLITICS AND THE CLASH OF LEGAL TRADITIONS (1975). 4. 1 LAWS OF A PUBLIC AND GENERAL NATURE, OF THE DISTRICT OF LOUISIANA, OF THE TERRITORY OF LOUISIANA, OF THE TERRITORY OF MISSOURI, AND OF THE STATE OF MISSOURI, UP TO THE YEAR 1824, ch. 154 (1842). 1983) COLONIAL LEGAL SYSTEM 393 and commandant of one of the two brigades in the company, imme­diately caused the column to be fashioned. On it was painted a cross and the arms of France, and it bore these words: Louis the Great, King of France and of Navarre, rules. 13th of March, 1682. Tonti then conducted the column with all the French men-at-arms to the plaza of the village, and, La Salle taking up a position at the head of his brigade and Tonti at the head of his, the Reverend Fa­ther Zeno be Membre sang the hymn 0 crux, ave, spes unica. The company then went three times around the plaza, each time singing the psalm Exaudiat te Dominus and shouting vive le roy to the dis­charge of their muskets. They then planted the column while re­peating the cries of vive le roy, and La Salle, standing near the column and holding the king's commission in his hand, spoke in a loud voice the following words in French: On behalf of the very high, very invincible, and victorious prince Louis the Great, by the grace of God, King of France and of Navarre, the fourteenth of this name, today, the 13th of March, 1682, with the consent of the nation of the Arkansas assembled at the village of Kappa and present at this place, in the name of the king and his allies, I, by virtue of the commission of His Majesty of which I am bearer and which I hold presently in my hand . , have taken possession in the name of His ffi.ajesty, his heirs, and the successors to his crown, of the country of Louisiana and of all the nations, mines, minerals, ports, harbors, seas, straits, and roadsteads, and of everything contained within the same . . . . After more musket-firing and the giving of presents the Indians cele­brated their new alliance throughout the night, pressing their hands to the column and then rubbing their bodies in testimony to the joy which they felt in having made so advantageous a connection. Thus did France gain sovereignty over and ownership of Arkansas. The reason that we know all these details and more about La Salle's activities in Arkansas is that he had requested, and received, from Jacques de la Metairie, the notary who was in his company, a lengthy proces-verbal describing the events at Kappa and officially attesting their occurrence.5 This was Arkansas's first exposure to civilian legal processes. It would be almost 150 years before the influence of the civil law ceased to make itself felt there. 5. 2 P. MARGRY, DECOUVERTES ET ETABLISSEMENT DES FRAN<;:AIS DANS L'0UEST ET DANS LE SUD DE L'AMERIQUE SEPTENTRIONALE, 1614-1754 (1881). 394 UALR LAW JOURNAL [Vol. 6:391 II Arkansas Post was the first European establishment in the lower Mississippi valley. It was first located about twenty-seven miles by river from the mouth of the Arkansas on the edge of Little Prairie at what is now called the Menard Site. (See Figure 2). Set­tled in 1686 by six tenants of Henry de Tonti to whom La Salle in 1682 had granted the lower Arkansas as a seignory, 6 it was to serve as an Indian trading post and as an intermediate station between the Illinois country and the Gulf of Mexico.7 Tonti's plans for the place had been large indeed. In 1689 he promised the Jesuits to build a house and chapel at the Arkansas and to grant a resident priest a sizeable amount of land; while there, Tonti confidently asserted, the priest could "come and say mass in the French quarter near our fort."8 No priest in fact established himself during Tonti's ownership of the Arkansas and his French quarter and fort never materialized. When in an undated grant of land to Jacques Cardinal, one of his men at the Post, Tonti styled himself seigneur de ville de Tonti (lord of the town of Tonti),9 he was in the grips of an excessive enthusi­asm. There is no evidence that the European population of the place ever exceeded six. In fact, when Joutel arrived there in 1687 there were only two Frenchmen remaining in residence; 10 and the single log house he descpbed is apparently the only structure ever erected at Tonti's Post. Joutel remarked of Tonti's two traders that "if I was joyous to find them, they participated in the joy since we left them the wherewithal to maintain themselves for some time." Indeed, he said, "they were almost as much in need of our help as we of theirs." He ridiculed the whole idea of a post at that location. "The said house," Joutel noted sarcastically, "was to serve as an 6. See Faye, The Arkansas Post ef Louisiana: French Domination, ;26 LA. HIST. Q. 633, 635-36 ( 1943). 7. Such was the view of Father Douay, a Jesuit who described Tonti's post in 1687. See M. THOMAS, THE ARKANSAS POST OF LOUISIANA, 1682-1783 (M.A. Thesis, University of California, 1948). 8. Tonti's grant to the Jesuits is quoted in 1 M. GIRAUD, A HISTORY OF FRENCH LOUI­SIANA 8 (J. Lambert trans., 1974). 9. The grant is translated in THE FRENCH FOUNDATIONS 396 (T. Pease & R. Werner eds., 1934). 10. Faye, supra note 6, at 735. 1983] COLONIAL LEGAL SYSTEM Henry de Tonti, lieutenant of La Salle. He founded Arkansas Post in 1686 and in the late seventeenth century styled himself seigneur de ville de Tonti. He was the first European to possess judicial authority in Arkansas. (Courtesy of the Museum of the History of Mobile). 395 396 UALR LAW JOURNAL · [Vol. 6:391 entrepot [way-station] for the French who travelled in these parts, but we were the only ones whom it so served." 11 Short of supplies and virtually inaccessible, the tiny outpost never prospered. The war with the Iroquois closed the route to Ca­nada and made trade to and from Arkansas impossible much of the time until 1693.12 By 1696, Jean Couture, Tonti's lieutenant and commandant at the Post, had deserted to the English, 13 and in 1699 Jesuit missionaries to the Quapaws found no trace of a French set­tlement. 14 By then the French had evidently abandoned the Arkan­sas, though there may have remained behind a "few white savages thereabouts as wild as red savages." 15 However grandiose and ambitious had been the schemes of Tonti, they would soon come to seem tame. In 1717 the Mercure de France, a Paris newspaper, began advertising the riches of Louisi­ana to its readers: Gold and silver could be mined there "with al­most no labor." The mountains situated on the Arkansas River would be explored, and there, one correspondent exuded, "we shall gather, believe me, specimens from silver mines, since others al­ready have gathered such there without trouble." When Cadillac sensibly protested that "the mines of the Arkansas were a dream" he was promptly committed to the Bastille "on suspicion of having spo­ken with scant propriety against the Government of France."16 The man behind the propaganda campaign was John Law, a Scot, who owned a bank in Paris and who had in 1717 succeeded in securing for his Compagnie d'Occident a monopoly on Louisiana trade. Law's company recruited thousands of colonists to settle in Louisiana and the king granted it authority to grant land from the 11. Joutel Remarques sur /'Ouvrage de Tonti Re/at(( a la Louisiane ( 1703), Archives Service Hydrographique (Paris), vol. 115-9, no. 12 (Typescript in Little Rock Public Li­brary). The translation in the text is mine. 12. Faye, supra note 6, at 638. 13. IBERVILLE'S GULF JouRNALS 144 at n.98 (R. McWilliams ed. 1950). 14. 18 COLLECTIONS OF THE WISCONSIN HISTORICAL SOCIETY 427, at n.37 (1908). 15. Faye, supra note 6, at 646. See also I M. GIRAUD, supra note 8, at 8: "When d'Iberville reached the Mississippi [i.e., in 1699] the post had been abandoned." Some writ­ers are reluctant to say that the Arkansas was completely devoid of Europeans at this time. See, e.g., P. HOLDER, ARCHAEOLOGICAL FIELD RESEARCH ON THE PROBLEM OF THE LOCA­TIONS OF ARKANSAS POST ARKANSAS 4 (1957): "The French occupation of the general area along the lower courses of the Arkansas and White Rivers was virtually continuous from the 1680's onward." The truth is that the sources simply fail to mention any Europeans in Ar­kansas, except Jesuit missionaries, between 1699 and 1721. It is, however, hard to resist believing that a few hunters and trappers ventured from time to time into the area and established temporary camps there. Almost certainly no real settlement existed however. 16. Faye, supra note 6, at 653. 1983] COLONIAL LEGAL SYSTEM 397 Royal domain. Proprietors of the company's land grants (conces­sionaires) were given considerable latitude in choosing the spots for their settlements, since the interior of Louisiana was not well known; and they therefore exercised much discretion in locating their colonists on arrival. 17 However, the company early on had recognized the Arkansas River as an important spot, since it was thought that it might well be the best route to the Spanish mines of Mexico. Thus the company specifically directed where the Arkansas concession should be located and ordered that it be the first occu­pied. 18 It granted this concession to Law himself. In August of 1721, a group of Law's French engages (perhaps as many as eighty) took possession of land on Little Prairie at or near the site of Tonti's abandoned trading post. 19 (See Figure 2). Although Law was by then bankrupt and had fled France, the news did not reach Louisiana until after Jacques Levens, Law's director in Louisiana, had caused the Arkansas colony to be established under the command of some of his subordinates.20 By December of that year Bertrand Dufresne, sieur du Demaine, replaced Levens as director for Arkansas, and in March of 1722 he took possession of the concession and began an inventory of its effects and papers.21 On his arrival he found only twenty cabins and three arpents (about 2.5 acres) of cleared ground. He reported a total of about fifty men and women resident,22 tristes debris, Father Charlevoix called them,23 of Mr. Law's concession. They had produced only an insig­nificant harvest. Lieutenant la Boulaye was nearby with a military detachment of seventeen men.24 (See Figure 1). Despite the existence of a company store at the Arkansas con­cession, both the colony and the military establishment were in con­siderable difficulty.25 Dufresne therefore immediately released twenty of the engages from service and gave them lots to cultivate in the hopes that a better harvest of corn and wheat would be realized in 1722. In February of the following year there were only forty-one colonists remaining, divided now into two small farming communi- 17. 4 M. GIRAUD, H!STOJRE DE LA LOUISIANE FRANc_;;AISE 198 (1974). 18. Id. 19. Id. 20. Id. at 199. 21. Id. at 271. 22. Id. at 272. 23. 6 P. CHARLEVOIX, JOURNAL D'UN VOYAGE FAIT PAR ORDRE DU Roi DANS L'AMERIQUE SEPTENTRIONNALE 164 (1744). 24. 4 M. GIRAUD, supra note 17, at 273. 25. The following paragraph is based on Id. at 273-74. 398 UALR LAW JOURNAL [Vol. 6:391 ties: Fourteen men and one woman at Law's concession under Dufresne, and sixteen men, some with families, two leagues down the river with the troops. Among this latter group there lived six black slaves. 26 Benard la Harpe, while exploring the river in 1721, had predicted, or at least hoped for, a turn in the fortunes of the struggling colony, but that hope proved false and in 1727 Father Paul du Poisson, the Jesuit missionary to the Arkansas, reported that only about thirty Frenchmen remained behind.27 The military post had been abandoned two years previous. 28 Village des Arcan~as ---N Poste francais commande par le S. la Boulaie 0 - - - -, ·: ·Concession de M. Law I I L. --- ' MISSISSIPPI Figure 1 Sketch of the location of Law's colony by Du­mont de Montigny,Archives Nationales, Paris, 6 JJ-75, Piece 254. All this seemed worth recounting in some detail because for generations historians of Arkansas have believed that a colony of Germans once occupied their river. Law did recruit many Germans for settlement in Louisiana, and they were destined for the Arkan­sas, but as soon as the news of Law's bankruptcy reached the colony 26. Recensement General des Habitans Estab!ys,,.SoteJouy Arkansas et d~s Ouvrier~ ~e la Concession cy devant Apartenant a M. Law, 18 February, 1723. (Transcnpt at Lomsiana History Center, Louisiana State Museum, New Orleans). 27. Du Poisson to Father___, translated in Falconer, Arkansas and the Jesuits in 1727-A Translation, 4 PUBLICATIONS OF THE ARKANSAS HISTORICAL ASSOCIATION 352, at 375 (1917). 28. Faye, supra note 6, at 670. 1983] COLONIAL LEGAL SYSTEM 399 in June of 1721, the Compagnie des Indies took over the direction of his concession;29 and when the time arrived to transport the German immigrants to Arkansas, the company, in an economy move, de­cided instead to send them to Delaire's grant in Lower Louisiana.30 In short, none of Law's Germans ever reached Arkansas. This is a pity, as the prospect of discussing, or at least imagining, a group of German immigrants living under French law on the Arkansas River was an intriguing one--one of which the facts have now unfortu-nately deprived us. · III Before 1712, the colony of Louisiana, with a population of only a few hundred, had been entirely under military rule and regular civil regulation was altogether lacking. On September 19, 1712, the Crown granted a trade monopoly to Antoine Crozat but he was given no governmental authority: As Henry Dart noted, the charter was "only an operating contract with the duties of government re­tained in the Crown."31 However, the charter did adopt as law for the colony "nos Edits, Ordonnances Et Coutumes Et !es usages de la Prevoste Et Vitf/omte de Paris--our edicts, ordinances, and customs, and the usages of the Provostry and Viscounty of Paris."32 The Cou­tume, despite its name, was actually a small code of some 362 titles first reduced to writing in 1510,33 and treating both substantive and adjective law. It was itself terse, indeed epigrammatic; but the com­mentary on it by the time of its adoption in Louisiana was volumi­nous. 34 Annotated versions of the Coutume were therefore very popular in France and in time they found their way to Louisiana.35 Also in 1712, by a separate instrument, a new and important institution was created for the colony, the Superior Council of Loui­siana. 36 Modelled on the governmental arrangements already in 29. 4 M. GIRAUD, supra note 17, at 216. 30. Id. at 248. 31. Dart, The Legal Institutions of Louisiana, 3 SOUTHERN LAW Q. 247 (1918). This article also appears in 2 LA. HIST. Q. 72 (1919). 32. The charter is printed in 4 PUBLICATIONS LA. HIST. Soc. 13, at 17 (1909). 33. For a precis of its provisions, title by title, see Schmidt, History ef the Jurisprudence of Louisiana, l LA. L. J., no. l, l (1841). 34. The most useful eighteenth-century commentary is C. FERRIERE, CoMMENTAIRE SUR LA CouTUME DE LA PREVOTE ET VICOMTE DE p ARIS. It is available in several editions. 35. Dart, The Law Library ef a Louisiana Lawyer in the 18th Century, 25 REPORTS OF THE LOUISIANA BAR ASSOCIATION 12, at 22 et seq. (1924). 36. See Dart, supra note 31, at 249 et seq. See also, for some discussion of the work of this body, Hardy, The Superior Council in Colonial Louisiana, in FRENCHMEN AND FRENCH 400 UALR LAW JOURNAL [Vol. 6:391 place in other French colonies, the Council had original and exclu­sive jurisdiction to decide disputes arising anywhere in Louisiana. It consisted of the Lieutenant General of New France; the Intendant of the same; the Governor of Louisiana; a first councilor of the king; two other councilors; the attorney general; and a clerk. Judgments in civil cases required the concurrence of at least three members and in criminal cases at least five. The Council was originally created to exist for three years, but on September 7, 1716, it became by virtue of a Royal Edict a permanent institution.37 In 1717 a fundamental change occurred in the government of Louisiana. In that year Crozat, having lost an enormous sum under his operating charter, surrendered it, and John Law's Compagnie d'Occident was given a monopoly over trade in the colony. In addi­tion, unlike Crozat's company, the Compagnie d'Occident was granted extensive governmental authority: It had the power to ap­point the Superior Council, to name governors and military com­mandants, and to appoint and remove all judges. The charter also provided that "Seront tous !es juges Etbalis en tous !es d. Lieux tenus de juger suivant !es Loix Et ordonnances du Royaume Et se Con-former a la Coutume de la prevoste Et Vicomte de Paris. . . ."; that is, that "all the judges established in all the said places shall be bound to judge according to the laws and ordinances of the realm, and [shall also be bound] to conform to the customs of the Prevostry and Viscounty of Paris."38 This portion of the charter obviously provided for the reception of general French legislation and the Custom of Paris. In addition, it has been shown that subsequent French legislation, as soon as it was registered in the colony, and the legislation of the Superior Council itself, formed part of the body of colonial Louisiana law.39 The subsequent French legislation was of three distinct sorts: (a) general legislation; (b) special colonial legis­lation; ( c) colonial legislation passed specifically for Louisiana. 40 Two years later we hear for the first time about inferior courts for outlying portions of the colony. On September 12, 1719, the king noted the need to appoint persons to act as judges "to facilitate w A YS IN THE MISSISSIPPI v ALLEY 87 (J. McDemott ed., 1969); Micelle, From Law Court to Local Government: Metamorphosis of the Superior Council of French Louisiana, 9 LA. HIST. 85 (1968). 37. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 21-23 (19CS). 38. Id. at 48. 39. Baade, Marriage Contracts in French and Spanish Louisiana: A Study in "Notarial" Jurisprudence, 53 TUL. L. REV. 3, 9 (1978). 40. Id. 1983] COLONIAL LEGAL SYSTEM 401 the administration of justice in places distant from the place where the Superior Council holds it sessions."41 The "heads or directors" of concessions along with "other of our subjects, capable and of pro­bity" were to "exercise both civil and criminal justice." The edict went on to provide that, even in these inferior courts, "three judges shall sit in civil matters and in criminal matters five judges . " The plan, evidently, was to have a kind of provincial council at each settlement. The king further provided that an appeal from these lo­cal tribunals would lie in all cases to the Superior Council.42 All this was being done, of course, to make ready the way for Law's coloniz­ing schemes. In 1720 or 1721 Louisiana was for the first time divided into districts (or counties). Arkansas was one of the nine districts origi­nally created, and a local commandant and a judge was assigned to each "to put justice with greater ease in reach of the colonists."43 Presumably, and understandably, the plan to establish local councils outside New Orleans was abandoned at this time. The sources sim­ply fail us on the question of whether more than one person was expected to sit on local courts, but it could not have proved worka­ble in remote places like Arkansas to assemble a multi-member ju­dicial body. In May of 1722 the Regent issued an order creating a provincial council for Illinois, the jurisdiction of which supposedly extended from "all places on and above and Arkansas River . . . to the boundaries of the Wabash River." The commandant of the Illinois, Lieutenant de Boisbriant, was to serve as "chief and judge" of this so-called council, which in fact had only one other member.44 It thus seems to have been the plan to abolish the Arkansas district and annex its territory to its nearest northern neighbor; and the Illi­nois provincial council was directed "to hold its sessions at the places where the principal factories of the company shall be estab- 41. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 63 (1908). 42. The translation in the text is mine. The entire edict is translated and discussed in Dart, supra note 31, at 261 et seq. Further discussion of this edict can be found in Dart, The Colonial Legal Systems of Arkansas, Louisiana, and Texas, 27 REPORTS OF THE LOUISIANA BAR ASSOCIATION 43 at 52 (1926). 43. Id. at 267. The other districts were New Orleans, Biloxi, Mobile, Alibamous, Natchez, Yazoo, N atchitotches, and the Illinois. 44. Translated extracts from this order appear in 2 J. WHITE, A NEW COLLECTION OF LAWS, CHARTERS, AND LOCAL ORDINANCES OF THE GOVERNMENTS OF GREAT BRITAIN, FRANCE, AND SPAIN, RELATING TO THE CONCESSION OF LAND IN THEIR RESPECTIVE COLO­NIES . 439-40 (1837). 402 UALR LAW JOURNAL [Vol. 6:391 lished."45 This language could have been construed to require the Illinois council to sit at the Arkansas. It is, however, very much to be doubted that such a session was ever held, and certainly it is not believeable that anyone would repair from Arkansas to Illinois to settle a grievance in 1722. It seems probable, then, that whatever judicial functions were exercised at the Arkansas were entrusted to its resident directors even after the supposed creation of the council of the Illinois. The only resident director that the Arkansas ever had was, as we saw, Bertrand Dufresne, sieur du Demaine, who arrived at the Post March 22, 1722, and he was evidently the judge from that point on. Prior to that, Jacques Levens had been director, but as he never took up residence in Arkansas we have to presume that if judicial func­tions were undertaken by anyone, it was by one or more of the three subordinates to whom Levens had entrusted the management of the struggling colony: Jean-Baptiste, Menard, Martin Merrick, and Labro.46 When Dufresne left the Arkansas around 1726 we can hardly guess the means resorted to for the settlement of disputes. Probably Father Paul du Poisson, the Jesuit missionary resident from 1727 to 1729, used his good offices to maintain order among the approximately thirty Frenchmen who had remained behind.47 It seems probable, therefore, that Arkansas's first sustained ex­posure to European legal proceedings and principles occurred in the period during which Law's Company held sway in Louisiana. Tonti's seventeenth-century feudal seignory no doubt carried with it the right to render justice. Though his charter from La Salle has not as yet come to light,48 other conveyances of La Salle's are extant; and in them he gave his grantees judicial power over small cases ("low justice" this is called) while specifically reserving important cases ("high justice") to himself. (Cases of the latter type he di­rected to be heard by the judge "who shall be established at Fort St. 45. Id. at 440. 46. 4 M. GIRAUD, supra note 17, at 272. Menard left the Arkansas in 1722 (jd., 275) and was in New Orleans in 1720. Index to the Records efthe Superior Council of Louisiana, 4 LA. HIST. Q. 349 (1921). 47. Dufresne appears in the Arkansas census of January !, 1726; but on October 21, 1726, he is described as a "settler in Arkansas, but now domiciled with Mr. Traguidy [in New Orleans]." Index to the Records of Superior Council of New Orleans, 3 LA. HIST. Q. 420 (1920). In 1727 there was no director at the Arkansas, as Father Du Poisson tells us that he took up evidence in "the India Company's house, which is also that of the commandants when there are any here . " See Falconer, supra note 27, at 371. 48. For a charter from Tonti to Jacques Cardinal, one of his men at the Arkansas, see THE FRENCH FOUNDATIONS, supra note 9, at 396. 'Fhla is tlae Olll)' grant gf Tgati's eKtastF 1983] COLONIAL LEGAL SYSTEM 403 Louis.")49 We do not know whether Tonti's charter contained iden­tical provisions but it certainly would have contained similar ones. But during the fifteen years or so that Tonti held the right to dispose of certain cases arising in his seignory, it hardly seems credible that he or his deputies ever held anything resembling a court, or even executed many instruments or documents.50 IV In 1731 the Compagnie d'Occident surrendered its charter to Louis XV, and for the rest of the period of French dominion Louisi­ana was a Crown Colony. Late that same year a military garrison was re-established in Arkansas; it consisted of twelve men com­manded by First Ensign de Coulange and was located again on the edge of Little Prairie. 51 (See Figure 2). It was apparently during the reorganization of the colony in 1731 that civil and military authority at the outposts of Louisiana were combined in the commandant of the garrison-an arrangement that would survive into the Spanish period and even for a short time during the American regime. Part of a post commandant's civil authority was to act as notary and judge. The exact scope of his judicial jurisdiction during the French period is obscure, there being no document of which I am aware which describes it specifically. Parkman, writing of condi­tions in the Illinois in 1764, says that the "military commandant whose station was at Fort Chartres on the Mississippi, ruled the Col­ony with a sway as absolute as that of the Pasha of Egypt, and judg­ed civil and criminal cases without right of appeal."52 Captain Phillip Pittman, an English engineer and Mississippi explorer who was writing at almost exactly the same time, gives a slightly different version. According to him, the Illinois commandant "was absolute 49. Concession in fee by La Salle to Pierre Prudhomme, in id. at 32. 50. When Tonti petitioned for confirmation of his charter, he was evidently refused. The petition is printed in E. MURPHEY, HENRY DE TONTI, FUR TRADER OF THE MISSISSIPPI 119 (1941). It is possible that La Salle did not have the power to make permanent grants and that may be the reason that Tonti needed confirmation. The Letters Patent of May 12, 1678, giving La Salle the right to explore "the western part of New France" in the king's behalf, gave him the power to build forts wherever he deemed them necessary; and he was "to hold them on the same tern1s and conditions as Fort Frontenac." See T. FALCONER, ON THE DISCOVERY OF THE MISSISSIPPI 19 (1844). La Salle said expressly in 1683 that this allowed him to "divide with the French and the Indians both the lands and the commerce of said country until it may please his majesty to command otherwise . " See THE FRENCH FoUNDATio~;upra note 9, at 43. The language is ambiguous, but on one permissible read­ing it indicates a specifically reserved power in the king to revoke grants made by La Salle. 51. Faye, supra note 6, at 673. 52. Quoted in Dart, supra note 31, at 249. 404 UALR LAW JOURNAL [Vol. 6:391 in authority, except in matters of life and death; capital offences were tried by the council at New Orleans."53 Of course, the Arkan­sas commandant's judicial jurisdiction was not necessarily as exten­sive as that possessed by the commandant of the Illinois. He may very well have been subordinate to the Illinois commandant during most of the French period. Some fitful light is thrown on the judicial authority of the Ar­kansas commandant by an interesting proceeding which took place at the Post in 1743.54 In October of that year, Anne Catherine Chenalenne, the widow of Jean Francois Lepine, petitioned Lieu­tenant Jean-Francois Tisserant de Montcharvaux, whom she styled "Commandant for the King at the Fort of Arkansas," asking him to cause an inventory and appraisal to be made of the community property in her possession. The object in view was to make a distri­bution to the petitioner's son-in-law and daughter who had the pre­vious May lost all their goods when attacked by Chickasaws on the Mississippi not far below the mouth of the Arkansas. They had nar­rowly escaped with their lives.55 Widow Lepine had decided to make a distribution to "her poor children, at least to those who have run so much risk among the savages." She was preparing to marry Charles Lincto, a well-to-do resident of the Post, and she wished to dissolve the old community which by custom had continued after her husband's death in her and their children. The commandant informed Madame Lepine that on 26 Octo­ber, 1743, he would inventory the "real and personal property de­rived from the marital community" and would bring with him two persons to look after the widow's interest and two to represent the children. The idea was that each party in interest should have in­dependent appraisers present to insure the impartiality of the inven­tory and evaluation. De Montcharvaux in the presence of these and other witnesses caused the inventory to be made on the appointed day. The estate was fairly sizeable, being valued at 14,530 /ivres and 10 sols. It contained a great deal of personalty, including four slaves, a number of animals, 1600 pounds of tobacco, and notes and accounts receivable; the realty noted was "an old house" with three small outbuildings. Interestingly, no land was mentioned. There are two possible explanations for the absence of land in S3. P. PITTMAN, THE PRESENT STATE OF THE EUROPEAN SETTLEMENT ON THE M1ss1s­SIPPI S3 (1770) (Reprinted with intro. by R. Rea 1973). S4. The relevant documents are translated in Core, Arkansas through the Looking Glass ef 1743 Documents, 22 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 16 (1979). SS. This incident is reported and discussed in Faye, supra note 6, at 677-78. 1983] COLONIAL LEGAL SYSTEM 405 the inventory. One is that land may not have been actually granted to Arkansas settlers but only given over temporarily to their use. The other possibility is that the land on which the house was built had belonged to Lepine before the marriage and had remained his separate property under his marriage contract or under the general provisions of the Coutume de Paris. The Coutume, which, as we have seen, was in force in French Louisiana, provided that all mov­ables (personalty), belonging to a husband or wife, whenever ac­quired, became part of the community; but only certain immovables (realty) acquired after the marriage were so treated.56 This rule could be altered by contract, but in Louisiana, as in France, the Cou­tume was often specifically incorporated into marriage contracts by future spouses in defining the regime that would rule their prop­erty; 57 and if there was no contract provision creating a property regime, the Coutume of course automatically applied. The inventory is said to have been made "Pardevant nous Jean Francois Tisserant Ecuyer Sieur Demoncharvaus Commandant pour le Roy au Fort des Arkansas." The formulapardevant nous ("before us") is Parisian notarial boiler-plate and indicates that the comman­dant was acting in his surrogate notarial capacity. To an American common lawyer, the notary is not a member of the legal profession, not even a paralegal. But in seventeenth- and eighteenth-century France he enjoyed a much more elevated status, as indeed he still does in that country. Originally an official of the medieval Euro­pean ecclesiastical courts, the notary developed into a nonconten­tious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root."58 For one thing, an im­portant aspect of the notary's duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foreign to the common law: Whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties. The state was very much in the background in England, and was called upon only to enforce obligations that arose by force of nature. The other aspect of the French notary's duties, the drafting of instruments, conveyancing, and the giving of legal advice, was per- 56. See Baade, supra note 39, at 7, 8. 57. Id. at 25. 58. l F. POLLOCK & F. MAITLAND, A HISTORY OF ENGLISH LAW 218 (2d ed., reissued with intro. by S. Milsom 1968). 406 UALR LAW JOURNAL [Vol. 6:391 formed by the regular legal profession in England. It is true that there was a scriveners' company organized in London in the six­teenth century which was granted a charter in the reign of James l.59 Members were empowered to draft legal documents, especially obli­gations (or bonds), and they gave a certain amount of low-level le­gal advice particularly in commercial and banking matters. 60 The few secular notaries who practiced in London at that time con­cerned themselves mainly with drafting documents relevant to inter­national trade, and they were members of this company.61 But in the eighteenth century the company lost its effort to keep common­law attorneys from competing, and in 1804 parliament made con­veyancing the monopoly of the regular legal profession.62 In con­trast, the French notary's duties by the eighteenth century had come to include not only the familiar ones of administering oaths, taking acknowledgements, and giving "authenticity" to "acts" of private persons by attesting them officially, but they also ran generally to the drafting of documents, conveyancing, and the giving of practical legal advice.63 It is not surprising, therefore, that notaries would 59. See 12 w. HOLDSWORTH, A HISTORY OF ENGLISH LAW 70 (1938). See generally on the notary in England, Gutteridge, The Origin and Development ef the Profession of Notaries Public in England, in CAMBRIDGE LEGAL ESSAYS 12 (1926). 60. 12 w. HOLDSWORTH, supra note 59, at id. 61. 5 w. HOLDSWORTH, supra note 59, at 115 (3d ed. 1945). 62. 12 w. HOLDSWORTH, supra note 59, at 71-72; T. PLUCKNETT, A CONCISE HISTORY OF THE COMMON LAW 227-28 (5th ed. 1956). 63. As draftman of wills, marriage contracts, and conveyances, Mons. le Notaire has survived in France as a much respected person, especially in the country villages. He is a general non-forensic legal practitioner, his part in the legal scheme "being confined to vol­untary as distinct from contentious jurisdiction." Brown, The office of Notary in France, 2 INT'L & COMP. L. Q. 60, at 64 (1953). Indeed, the French notary is close to the equivalent of the English solicitor, except for the latter's participation in litigation. Thus one modern-day commentator opined that "a solicitor would feel much at home in the etude of the French notary, though he would be surprised, and perhaps disappointed, by the cordiality of the morning post." Id. at 71. Today in Louisiana as well the notary enjoys considerable powers. See Burke & Fox, The Notaire in North America: A Short Study of the Adaptation of a Civil Law Institution, 50 TUL. L. REV. 318, at 328-32 (1975); Brosman, Louisiana-An Accidental Experiment in Fu­srim, 24 TUL. L. REV. 95, 98-99 (1949). The Louisiana notary has the power "to make inventories, appraisements, and petitions; to receive wills, make protests, matrimonial con­tracts, conveyances, and generally, all contracts and instruments of writing; to hold family meetings and meetings of creditors; . to affix the seals upon the effects of deceased per­sons and to raise the same." LA. STAT. ANN.§ 35:2 (1964). When the Louisiana legislature defined the practice of law, and prohibited all but licensed attorneys from engaging in it, it therefore remembered to except acts performed by the notary which were "necessary or incidental to the exercise of the powers and functions of (his] office." LA. STAT. ANN. § 37:212(B) (1974). A walk through modern-day New Orleans will reveal a number of signs proclaiming the existence of "Law and Notarial Offices", a combination having an odd ring in the ears of an American common lawyer. The Louisiana notary is simply "a different and 1983] COLONIAL LEGAL SYSTEM 407 make an appearance in eighteenth-century Louisiana. In New Orle­ans, of course, there was much work for them, but there were also provincial notaries operating in Biloxi, Mobile, Natchitoches, Pointe Coupee, and Kaskaskia.64 Since De Montcharvaux acted as notary for the Lepine inven­tory, it is reasonably clear that there was no provincial notary resi­dent at the Arkansas at that time. This comes as no surprise since in 1746 there were at the Post only twelve habitant families, ten slaves, and twenty men in the garrison, 65 hardly a sufficient European pop­ulation to require or attract a law-trained scrivener. When it was time to have their marriage contract made, the widow Chenalenne and her future spouse executed it in New Orleans. No doubt there was available there legal advice on which they might more comfort­ably rely.66 Besides, there was at that time no resident priest at the Post to perform the marriage. v On May 10, 1749, an event occurred that considerably reduced the European population of Arkansas and also made it difficult to attract settlers there for some time. On that day, the Post was at­tacked by a group of about 150 Chicaksaw and Abeka warriors. Their coming was undetected67 and thus they caught the small habi­tant population altogether unaware. They burned the settlement, killed six male settlers, and took eight women and children as slaves.68 The census taken later that year shows, not surprisingly, that the population had decreased since the previous census. Seven more important official person than is the notary public in other jurisdictions of the United States." Brosman, supra at 98. 64. See Baade, supra note 39, at 12. 65. Memoire sur /'Eta! de la Colonie de la Louisiane en 1746. Archives des Colonies, Archives Nationales, Paris [hereinafter cited as ANC], Cl3A, 30:242-281, at 249, (Typescript of original document available at Little Rock Public Library). As the average family size in Arkansas in the middle of the eighteenth century was about four, this would put the number of habitant whites at the Post at about forty-eight. 66. For an abstract of this marriage contract, see Records o.f the Superior Council o.f Louisiana, 13 LA. HlsT. Q. 129 (1944). 67. However, the habitants may have had a warning that something was afoot, for on May l, Francois Sarrazin had written from Arkansas that "two savages have killed a man and a woman and burnt a man in the frame." Records efthe Superior Court o.f Louisiana, 20 LA. HlsT. Q. 505 (1937). This incident may have been connected with the attack nine days later. 68. Vaudreuil to Rouille, September 22, 1749, calendared in THE VAUDREUIL PAPERS 59-60 (B. Barron ed., 1975). See also Faye, supra note 6, at 684 et seq. W. BAIRD, THE QUAPAW INDIANS: A HISTORY OF THE DOWNSTREAM PEOPLE 34 (1980), gives the number taken as slaves as thirteen. 408 UALR LAW JOURNAL [Vol. 6:391 men, eight women, eight boys, and eight girls remained, a total of only thirty-one white habitants at the Poste des Akansa .69 Nor did all this mark an end to serious trouble. When in June of 1751 First Ensign Louis-Xavier-Martin de Lino de Chalmette, the comman­dant of the Post, went uninvited to New Orleans to consult with the governor, his entire garrison of six men took the opportunity to de­sert. 70 Things were obviously at a critical juncture. When later in 17 51 Lieutenant Paul Augustin le Pelletier de la Houssaye took command at Arkansas he found there a post recently rebuilt by its habitants and _voyagij,tfrs and probably already relo­cated to a spot ten or twelve miles upriver at the edge of the Grand Prairie. (See Figure 2). It is clear that Governor Vaudreuil had determined to hold the Arkansas even if the cost proved high, for he assigned to De La Houssaye a large company of forty-five men.71 The lieutenant was also authorized to build a new fort; government funds being lacking, he undertook the construction at his own ex­pense in return for a five-year Indian trade monopoly.72 This new beginning could, in the nature of things, have given only a slight lift to the prospects for sustained settlement in the Ar­kansas country. Late in 1752 Governor Vaudreuil was informed that the Osages had attempted an attack on Arkansas Post but had failed. 73 While this indicates a stability of sorts for the l?ost, thanks no doubt to the size of the new garrison, still the perceived danger must have been so high as to discourage all but the most intrepid from taking up residence at the Arkansas. Mentions of Arkansas in the legal records tend to emphasize the dangerousness of the place. For instance, a couple from Pointe Coupee, on the verge of leaving for a hunting trip to the White River country, thought it best to deed their property to a relative, with the stipulation that the deed was to be void if they returned.74 It is not surprising, therefore, that even as late as 1766, the last year of French dominion, only eight habitant families, consisting in all of forty white persons, were resident at Arkansas Post.75 69. Arkansas Post Census, 1749, Loudon Papers 200, Huntington Library, San Marino, CA. There were also fourteen slaves resident at the post and sixteen voyageurs who had returned after their winter's work. There were five hunters on the White River and four on the St. Francis. Thirty-five hunters had failed to return from the Arkansas River. 70. Faye, supra note 6, at 708. 71. Id. at 211. 72. Id. 73. THE VAUDREUIL PAPERS, supra note 68, at 136. 74. Index to the Records of the Superior Council of Louisiana, 24 LA. HlsT. Q. 75 (1941). 75. See Din, Arkansas Post in the American Revolution, 40 ARK. HIST. Q. 3, at 4 (1981). 1983] COLONIAL LEGAL SYSTEM 409 All of these difficulties, and others, made for a place in which it might be regarded as too polite to expect the presence of much which corresponds to a legal system. In addition, political exigen­cies sometimes interfered to such an extent that the application of even-handed legal principle became inexpedient and thus entirely impracticable. For instance, the continued existence of the Arkan­sas settlement depended heavily on the loyalty of the Quapaws and their wishes were therefore relevant to any important decision made there. Their influence could extend even to the operation of the le­gal system as the following incident demonstrates. On 12 September, 1756, a meeting was held in the Government House in New Orleans to hear an extraordinary request from Guedetonguay, the Medal Chief of the Quapaws.76 His tribe had captured four deserters from the Arkansas garrison and had re­turned them; but the chief had come on behalf of his nation to ask Governor Kerlerac to pardon the soldiers. One of those captured, Jean Baptiste Bernard, in addition to having deserted, had killed his corporal Jean Nicolet within the precincts of the fort. The chief, obviously a great orator, said that he had come a long distance to plead for the soldiers' lives despite the heat and the demands of the harvest; and in his peroration he said that his head hung low, hi~ eyes were fixed to the ground, and his heart wept for these men. He knew, he explained, that if he had not come they would have been executed, and this was intolerable to him because he regarded them as his own children. He recited many friendly acts of the Qua paws to prove the fidelity of his people to the French. Among them was the release of six slaves (perhaps Chicaksaws cap­tured by the Quapaws) "who would have been burned" otherwise, and the recent capture of five Choctaws and two trespassing Eng­lishmen. He himself, he noted, had recently lost one son and had had another wounded in the war against the Chickasaws; and he . counted this "a mark of affection for the French." In recompense he asked for the pardon of the soldiers. The chief added that this was the only such pardon his nation had thus far requested, and he promised never to ask again. He did not doubt that Kerlerac, "the great chief of the French father of the red men," charged to govern them on behalf of "the great chief of all the French who lived in the 76. What follows is based on a memorandum entitled "Harangues faites dans /'assemb/ee tenue a /'hotel du gouvernment cejourdhui, 20 Juin 1756," found in ANC, Cl3A, 39:177-180 (Transcript at Little Rock Public Library). The translations are mine. 410 UALR LAW JOURNAL [Vol. 6:391 great town on the other side of the great lake," would listen and do the just thing. Guedetonguay left his best argument for last. He maintained vigorously that, under his law, any criminal who managed to reach the refuge of the Cabanne de Valeur where the Quapaws practiced their religious rites was regarded as having been absolved of his crime. It was their custom everywhere that the chief of the Cabanne de Valeur "would sooner lose his life than suffer the refugee to un­dergo punishment for his crime." Evidently the soldiers were claim­ing this right; and Ouyayonsas, the chief of the Cabanne de Valeur, was there to back them up. This last argument was an excellent one because it called upon the French to recognize an established Indian usage not dissimilar from the European custom of sanctuary. And the argument carried with it a threat of violent reaction if the cus­tom were not allowed. Kerlerac answered the chief that he was not unmindful of the past services of the Quapaws, nor was he ungrateful for them. "But," he said, "I cannot change the words declared by the great chief of all the French against such crimes, and . . . it would be a great abuse for the future" to pardon the soldiers. So, he continued, "despite all the friendship that the French have for you and your nation, these men deserve death." The great chief stood for a long time with his head down and finally answered ominously that he could not be responsible for the revolutions which the chief of the privileged house might stir up-­revolutions which he said ''would not fail to occur." The argument continued and the governor offered to grant the chief "anything else except these four pardons." But Guedetonguay stubbornly main­tained that "the sole purpose of his journey was to obtain the par­don of the four men." In the end the Governor extracted from the Quapaw chiefs "publicly and formally their word . . . that they would in the future deliver up all deserting soldiers as malefactors or other guilty persons without any restriction or condition whatso­ever, and that . pardons would be accorded at the sole discretion of the French." No immediate decision was reached by the Governor, but later that day some of his advisors, having reflected on what they had heard, reckoned "that a refusal of the obstinate demands of these chiefs . . . the faithful allies of the French would only involve the colony in troublesome upheavals on the part of the said nations who have otherwise up to the present served very faithfully." They con- 1983] COLONIAL LEGAL SYSTEM 411 eluded that "saving a better idea by Monsieur le Gouverneur it would be dangerous, under all the present circumstances, not to sat­isfy the Indians with the pardons which they demanded." The governor took the advice but evidently did not write to Berryet, the French Minister of the Marine, for some time to tell him about it. From the comfort of Versailles it was easy for Berryet to pick at Kerlerac's decision.77 In responding to Kerlerac, Berryet first made the point that Bernard's case was different from that of the other captured soldiers since he was accused of homicide in ad­dition to desertion. Then, too, the minister had a lot of questions. Could not the difference in Bernard's case have been urged on the Arkansas chiefs to get them to relent in his case? Where was the record of the legal proceedings which should have been conducted relative to the killing? If this was a wilfull murder the pardon had been conceded too easily. "It would be dangerous," the minister warned, ''to leave such a subject in the colony, not only because he would be an example of impunity but also because of new crimes that he might commit." (The arguments of general and specific de­terrence are not very recent inventions.) Finally, the governor was sternly admonished "not to surrender easily to demands of this sort on the part of the savages . If on the one hand it is necessary, considering all the present circumstances, to humor the savages, it is also necessary to be careful of letting them set a tone that accords neither with the king's authority nor the good of the colony." Nevertheless, the minister talked to the king and he ratified the governor's decision. Writs of pardon were therefore issued under the king's name for each of the Arkansas soldiers. Because the homicide committed by Bernard was not a military crime and was cognizable therefore by the Superior Council of Louisiana, his par­don was directed to the Council. Interestingly, though Berryet ad­mitted knowing nothing of the circumstances surrounding the killing, the pardon recited that a quarrel had arisen between Ber­nard and Nicolet, that they had beaten each other, that Bernard : "had had the misfortune to kill the said Nicolet," and that the death "had occurred without premeditated murder."78 Thus Louis XV pardoned Jean Baptiste Bernard for killing by mischance when there was no evidence adduced as to the facts resulting in Nicolet's 77. What follows is based in Berryet's letter to Kerlerac and Bobe Descloseaux dated July 14, 1769. ANC, B, 109:487-88 (Transcript at Little Rock Public Library). The transla­tion is mine. 78. The pardon (brevet de grtJce) was enclosed in the letter and is ANC, B, 109:489 (Transcript at Little Rock Public Library). The translation is mine. 412 UALR LAW JOURNAL [Vol. 6:391 death. The decision was generated simply by a desire to accommo­date an important ally. Faithful adherence to legal principle some­times had to take a back seat to the more compelling demands of politics. VI Father Louis Carette, the Jesuit missionary who came to the Post of Arkansas in 1750, nevertheless attempted to bring some or­der to the legal affairs of the place. As he noted in a procuration (power of attorney) dated at Arkansas in 1753, he was "authorized by the king to make in every post where there is not a Notary Royal all contracts and acts . "79 There is no evidence that he had any formal legal training, but he was a Jesuit, and thus a learned man, one of a handful of such who would make their residence in eight­eenth- century Arkansas. The 1753 procuration is itself of some interest, as it sheds light on how litigants whose cases were technically beyond the jurisdic­tion exercised by the Arkansas commandant (whatever that was) might have had their cases heard if they wanted to resort to regular methods of dispute settlement. As incredible as it seems, it is prob­able that the only court of general jurisdiction in the entire colony was the Superior Council of Louisiana. Now, in 1763 La Harpe said that it was a two-week boat trip from the Arkansas to New Orleans, and six to eight weeks back.80 Obviously, the procuration was an important device for people in remote posts like Arkansas, for it enabled them through their attorneys, in the language of the docu­ment under discussion, "to act . . . as though they were personally present."81 Convoys or individual vessels travelled down the Mis­sissippi frequently enough to make this means of tending to legal affairs more tolerable than it might otherwise have been. In this case, the attorney chosen was Commandant de la Houssaye, and he was deputed to act in a probate matter at Pointe Coupee for Etienne de Vaugine de Nuysement and his wife Antoinette Pelagie Petit de Divilliers. An interesting feature of procurations which increased their utility and flexibility was that they were assignable. This fea­ture came in handy in this instance since De La Houssaye, having 79. Index to the Records of the Superior Council of Louisiana, 22 LA. H!sT. Q. 255 (1939). 80. La Harpe to Chosseul, August 8, 1763, ANC, Ci3B, 1 (Typescript in Little Rock Public Library). 81. Records, supra note 79, at id. 1983] COLONIAL LEGAL SYSTEM 413 been detained at the Arkansas due to illness, simply transferred the power of attorney to a member of the Superior Council "to act in my place as myself."82 Perhaps one of the reasons that Carette had acted as notary in this instance was that the only other person in the little community authorized so to act, the commandant, was a party to the instru­ment. But in the French period priests were given general notarial powers and could act even in the absence of circumstances disabling the commandant. For instance, Carette acted as notary, and thus probably draftsman, for a marriage contract in which the comman­dant was not interested. This was the marriage contract of Francois Sarrazin and Francoise Lepine, executed at Arkansas Post on Janu­ary 6, 1752. Marriage contracts have no exact parallel in common-law prac­tice, and it thus seems worthwhile, before discussing the particulars of the Sarrazin-Lepine contract, to devote some time to their expla­nation and description. In a recent seminal study, Professor Hans Baade has outlined the provisions which one typically finds in mar­riage contracts executed in accordance with eighteenth-century Pari­sian notarial practice.83 The first and invariable undertaking by the future spouses was a promise to celebrate their marriage in facie ec­c! esiae. The parties would then choose the regime which would govern their property during the marriage. Next would come a dec­laration that the ante-nuptial debts of the parties were to remain their separate obligations; this was followed by a disclosure of the parties' assets, a requirement for the validity of the previous provi­sion. The dowry brought to the marriage by the wife was next re­cited; and delineating preciput, the right of the spouse to specific property in the event of dissolution of the community, frequently followed. Finally came the donation clause, usually a reciprocal grant of all or part of the predeceasing spouse's estate. In Louisiana, this donation, in order to be valid, had to be registered with the Superior Council in New Orleans. An inspection of the Sarrazin-Lepine marriage contract reveals that it very clearly drew on these French notarial precedents, and it reflects, moreover, an awareness of the practical requirements of the Louisiana registration provisions. It contained a promise to cele­brate the marriage in regular fashion, the creation of a community property regime, a clause stating the amount of the wife's dowry, a 82. Id. 83. What follows is taken from Baade, supra note 39, at 15-18. 414 UALR LAW JOURNAL [Vol. 6:391 mutual donation to the survivor of all property owned at death, and an undertaking to have the contract registered in New Orleans.84 While there was no clause dealing with ante-nuptial debts and no mention of preciput, it is quite obvious that the good Jesuit knew more than a little about French notarial practice, and may well have had at his disposal a form book on which he could draw. He was, for all practical purposes, for a time the "lawyer" of the post as well as its cure. Before we leave this interesting document there is an aspect of it which bears detailed attention. The property regime chosen by the parties included in the community "all property, movable and immovable"85-as common lawyers would say, all property, both personal and real. In this respect the contract departs from the Cus­tom of Paris which included in the community all movables but only certain immovables (conquets) acquired after marriage. 86 Par­ties were allowed in Louisiana to contract almost any property ar­rangement they wanted, 87 and Sarrazin and Lepine had elected a somewhat unusual variety of community. Curiously, however, the contract reckoned that this regime was "in accordance with the cus­tom received in the colony of Louisiana." A few months after the execution of this contract Commandant de la Houssaye wrote to the governor to say that Monsieur Etienne V augine, a French officer, was of a mind to marry Madame de Gouyon, the commandant's sister-in-law, and he sent along "the proposed conditions for the contract of marriage."88 This was a draft of the contract, as De La Houssaye asked the governor to pass "/'exemplair du contra!" along to the New Orleans notary Chantaloux if the governor decided to give his permission for the marriage. Chantaloux was "to make it as it should be."89 Three weeks later the governor wrote to say that the contract would be sent back soon and that Chantaloux had left it intact except for one rea­sonably minor alteration.90 In 1758 Father Carette, dismayed by the irreligious inclination of his flock, left the Arkansas and no replacement was sent. In 17 64, 84. Records of the Superior Council of Louisiana, 25 LA. HlsT. Q. 856-57 (1942). 85. Id. at 856. 86. Baade, supra note 39, at 15. 87. Id. 88. La Houssaye to Vaudreuil, Dec. l, 1752, LO 410, Huntington Library, San Marino, CA. 89. Id. 90. THE v AUDREUIL PAPERS, supra note 68, at 152. 1983] COLONIAL LEGAL SYSTEM 415 Captain Pierre Marie Cabaret Detrepi, commandant at the Arkan­sas, after Madame Sarrazin had found herself widowed, passed a second marriage contract for her which was extremely unsophistica­ted and rudimentary.91 It contained only a promise to marry regu­larly and a mutual donation. Perhaps the good widow had by this time tired of long-winded formalities. Just as likely, the Post was feeling the absence of Carette's drafting skills. VII As tiny, remote, and inconsequential as the Arkansas settle­ment was, then, it is nevertheless clear that at least some of its peo­ple were part of the time adherents to French legal culture. Of course almost everyone who lived at the Post during the period of French domination was either a native of France or French Cana­dian; and by the end of the French period a substantial number of native Louisianans were there. It is most interesting to find the sur­vival of civilian legal form in so remote an outpost of empire. Obvi­ously, not all of Arkansas's residents lapsed into a kind of legal barbarism. There were, however, circumstances at work which would make it impossible for some time to establish a community which could be expected to value the observance of legal niceties very highly. As we have already seen, the Post could not have been very attractive to the more civilized settler owing to its dangerous loca­tion. Arkansas Post, moreover, over the years experienced an ex­treme physical instability since it was necessary to relocate it several times due partly to flooding. (See Figure 2). The Arkansas River was in the eighteenth century "a turbulent, silt-laden stream, subject to frequent floods which were disastrous along its lower course."92 This proved to be a considerable disincentive to settlement. Add to that the enormous expanse occupied by the alluvial plain of the Mississippi and the difficulty becomes plain enough. Almost any site within thirty miles of the mouth of the Arkan­sas carried with it a considerable risk of floods. Law's colony, on the Arkansas twenty-seven miles or so from its mouth, was said in 1721 to be "in a fertile sector but subject to floods."93 The success of the attack by the Chickasaws in 1749, when the Post was at the same 91. Records of the Superior Council of Louisiana, Feb. 11, 1764, Louisiana History Center, Louisiana State Museum, New Orleans. 92. P. HOI.DER, supra note 15, at 152. 93. 4 M. GIRAUD, supra note 17, at 273 (1974). 416 UALR LAW JOURNAL [Vol. 6:391 location, was made possible by the absence from the neighborhood of the Quapaws: Because of recent floods they had abandoned their old fields for a more promising place upstream.94 This place, called Ecores Rouges (Red Bluffs) by the French, was about thirty-six miles from the mouth of the Arkansas and was at the present loca­tion of the Arkansas Post Memorial.95 After the attack, the Post was moved to join the Indians at Ecores Rouges so as to provide for mutual protection.96 The new spot was free from floods but proved unsatisfactory from a strategic standpoint because of its distance from the Missis­sippi. The location delayed convoys and Governor Vaudreuil ex­pressed the view that "a post on the Mississippi would be more practical."97 Therefore in 1756 the Post was moved back downriver to about ten miles above the mouth. But the inevitable soon oc­curred. In 1758 heavy flooding, graphically described in a letter of Etienne Maurafet Layssard the garde magasin (storekeeper) of the Post, caused heavy damage, almost undoing the work of builders and architects who had been at work for the better part of a year. The houses were saved by virtue of being raised on stakes against such a day as this; but the habitants' fields, everything but Lays­sard's garden for which he had providently provided a levee, were entirely inundated.98 It was in fact a small enough loss. From the beginning, and understandably, the attempt to make a stable agricultural commu­nity of the Arkansas had failed miserably. There is no doubt that the European population of Arkansas during the French period con­sisted almost entirely of hunters and Indian traders. In 1726 the reporter of the Louisiana census remarked of the Arkansas that "all the habitants were poor and lived only from the hunting of the Indi­ans." 99 A 1746 report said of the twelve Arkansas habitant families 94. Faye, supra note 6, at 717-19. 95. See figure 2. 96. For details, see Appendix II to my forthcoming book, UNEQUAL LAWS UNTO A SAV­AGE RACE; EUROPEAN LEGAL TRADlTIONS IN ARKANSAS, 1686-1836. 97. THE VAUDREUIL PAPERS, supra note 68, at 118. 98. Faye, supra note 6, at 718-19. A detailed description of the repairs made in the summer of 1758, evidently necessitated by these floods, is in ANC, CBA, 40:349-50 (Type­script in Little Rock Public Library). In addition to making repairs, the builders constructed a house 26 feet long and 19 wide just outside the fort for the Indians who came there on business. It was of poteaux en terre construction, was covered with shingles, and was en­closed with stakes. The report describing the renovation and construction work of 1758 is signed by Denis Nicol~s Foucault, chief engineer of the Province of Louisiana. 99. ANC, GI, 464 (Transcript at Little Rock Public Library). 1983] COLONIAL LEGAL SYSTEM • DeWitt ARKANSAS COUNTY • Dumas I I I 0 1. 1686-1699; 1721-1749 N 1 DESHA COUNTY T I I 4 I 8 mi Figure 2 Locations of Arkansas Post, 1686-1983 2. 1749-1756; 1779-1983 3. 1756-1779 JB Based on a map drawn by John Baldwin which appeared in Arnold, The Relocation of Arkansas Post to Ecores Rouges in 1779, 42 ARK. HIST. Q. 317 (1983). Used with permission of the Arkansas Historical Association. 417 418 UALR LAW JOURNAL [Vol. 6:391 that "their principal occupation is hunting, curing meat, and com­merce in tallow and bear oil." As for cultivating the soil, the same source reported that the habitants grew "some tobacco for their own use and for that of the savages and voyageurs." 100 In 1765 Captain Phillip Pittman, an Englishman, said that there were eight families living outside the fort who had cleared the land about nine hundred yards in depth. But, according to him "on account of the sandiness of the soil, and the lowness of the situation, which makes it subject to be overflowed," their harvest was not enough even to supply them with their necessary provisions. Pittman noted that "when the Mis­sissippi is at its utmost height the Lands are overflow' d upwards of five feet; for this reason all the buildings are rais'd six feet from the ground." Thus the residents of the Arkansas, he said, subsisted mainly by hunting and every season sent to New Orleans "great quantities of bear's oil, tallow, salted buffalo meat, and a few skins." 101 Both Layssard102 and Father Watrin103 hint that the discour­agement produced by the frequent flooding contributed to Father Carette's decision to leave. However that may be, it must be clear that during the period of French dominion the Post did not provide fertile soil for either crops or religion. Would regular bourgeois le­gal procedures have generally been afforded a more cordial accept­ance? Even absent direct evidence, this would in the abstract seem most unlikely. Unsafe, unstable, and uncomfortable, the Arkansas Post of Louisiana during the period of French dominion must surely also have been largely unmindful of bourgeois legal values. It is true, as we have seen, that some of the Post's residents tried to maintain a connection between their remote outpost and Euro­pean legal culture. But the few legal records that chance has al­lowed to come down to us from the French period are remarkable not only for their small number but also for the social and economic characteristics they reveal of the people who figured in them. They were an elite, related by marriage and blood, struggling under the difficult circumstances of their situation to participate in regular le- 100. Memoire, supra note 65 (Transcript at Little Rock Public Library). 101. P. PITTMAN, supra note 53, at xliv, 40-41. 10+. See ANC, Cl3A, 40:357 (Transcript in Little Rock Public Library). Layssard there remarks that the inhabitants at Arkansas were too poor to build a levee, and that "the Father would rather leave than go to such an expense. He is very poor." 103. See J. DELANGLEZ, THE FRENCH JESUITS IN LOWER LOUISIANA 444, where Watrin is quoted as saying that, despite there being little hope for conversion of the Quapaws, Fa­ther Carette "nevertheless followed both the French and the savages in their various changes of place, occasioned by the overflowing of the Mississippi near which the post is situated." 1983] COLONIAL LEGAL SYSTEM 419 gal processes. The probate proceeding of 1743 was instituted by one of the most well-to-do residents of Arkansas in the person of Anne Catherine Chenalenne, widow of Jean Francois Lepine. The com­munity property inventoried included four slaves. 104 Her future husband Charles Lincto became the most substantial civilian resi­dent of the Post. The 17 49 census, if one excludes from it for the moment the commandant and his household, reveals that Lincto's household accounted for eight of the twenty-nine white habitants and seven of the eleven slaves at the Arkansas. 105 Etienne de Vau­gine de Nuysement who executed the procuration of 1753 was a member of one of the most distinguished French families of Louisi­ana; 106 and he granted the power to Commandant de la Houssaye who would soon become a Major of New Orleans and a Knight of the Royal and Military Order of St. Louis. 107 Vaugine and De la Houssaye married sisters. The marriage contract executed at the Arkansas in 1752 was entered into by the Post's garde magasin and Francoise Lepine, a daughter of Anne Catherine Chenalenne the petitioner in the probate proceeding of 1743; and the bride's dowry had resulted from the dissolution of the community which had been the aim of that proceeding. Finally, Francoise Lepine's second mar­riage contract, passed by Detrepi in 1764, was prelude to her mar­riage to Jean Baptiste Tisserant de Montcharvaux, officer and interpreter at the Post and son of the commandant who executed the 1743 inventory. We are dealing with a propertied and intercon­nected gentry here, a tiny portion of what was anyway a very small population. How the other, the major part of the Arkansas populace regu­lated their lives during the French period will, in the nature of things, be difficult to document. But there is some evidence on this point and it indicates that there was a good deal of lawlessness on the Arkansas. According to Athanase de Mezieres, the Lieutenant Governor at Natchitoches, the Arkansas River above the Post was inhabited largely by outlaws. "Most of those who live there," he claimed, "have either deserted from the troops and ships of the most Christian King and have committed robberies, rape, or homicide, 104. For a translation of this inventory, see Core, supra note 54, at 22. 105. Resancement General des Habitants, Voyageurs, Femmes. En.fans, Esclaves, Clzevaus, Beufs, Vaclzes, Coclzons du Foste des Akansas, 1749. Lo. 200, Huntington Library, San Ma­rino, CA. 106. On the Arkansas Vaugines, see Core, T!ze Vaugine Arkansas Connection, 20 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 6 (1978). 107. Faye, supra note 6, at 709. 420 UALR LAW JOURNAL [Vol. 6:391 that river being the asylum of the most wicked persons, without doubt, in all the Indies." 108 On another occasion, De Mezieres sin­gled out as a particularly heinous offender an Arkansas denizen nicknamed Brindamur, a man "of gigantic frame and extraordinary strength." Brindamur, De Mezieres complained, "has made himself a petty king over those brigands and highwaymen, who, with con­tempt for law and subordination with equal insult to Christians, and the shame of the very heathen, up to now have maintained them­selves on that river." 109 He had been resident on the Arkansas for a long time, as his name appears in the census of 1749. Interestingly, it is placed at the very head of a considerable list of "the voyageurs who have remained up the rivers despite the orders given them." 110 All persons hunting on the rivers were supposed to return every year as passports were not issued for longer periods. But there were large numbers of hunters who lived for twenty years or more in their camps without ever reporting to the Post. They constituted a large proportion, indeed sometimes a majority, of the European popula­tion in Arkansas during the French period. The 17 49 census, for instance, lists a habitant population of only thirty-one, including the commandant and his wife. But there were forty hunters on the Ar­kansas River whose passports had expired, and nine on the White and St. Francis Rivers. Sixteen hunters were said to be at the Post being outfitted to return to the hunt. Brindamur, the bandit King, was murdered by one of his men after the end of the French period, "though tardily" De Mezieres reckoned, and "by divine justice."111 In the Spanish period an effort was made to rid the river of these malefactors. VII Since no records of litigation initiated at the Arkansas during the French period have survived, if indeed any were ever kept, very little can be said directly on how lawsuits were conducted there. However, in 1747 Francois Jahan initiated a suit in the Superior Council in New Orleans against one Clermont, a resident of Arkan­sas Post, claiming damages for the conversion of a cask of rum at Arkansas. 112 The Superior Council, as we have shown, had jurisdic- 108. 1 ATHANASE DE MEZIERES AND THE LOUISIANA-TEXAS FRONTIER, 1768-1780 166 (H. Bolton ed., 1914). 109. Id. at 168-69. 110. Resancement, supra note 105. 111. t\. BOLTON, supra note 108, at 167. 112. Index lo the Records of the Superior Court of Louisiana, 17 LA. HIST. Q. 569 (1934). 1983] COLONIAL LEGAL SYSTEM 421 tion throughout Louisiana, and this case reveals how it was exer­cised against a defendant in the hinterlands. The summons was served on the Attorney General of Louisiana; thus, as Henry Dart pointed out, "it would seem . . . that a resident of the Post of Ar­kansas could be sued in New Orleans by serving the citation on the Procureur [Attorney] General."113 How the case would have, in the ordinary instance, proceeded from there is difficult to say. Probably the Arkansas commandant would have been asked to act as a master to gather facts and to report to the Superior Council. But it seems that the commandant had already ruled independently on the matter. Commandant de Monbharvaux's statement on this case, which is entered in the record a'few days after the suit was initiated, indicates that he had held a hearing on the matter at the Arkansas, had taken testimony as to the rum, and had "sentenced Clermont to pay for it."114 Apparently he had kept no record of the proceeding, as none was offered: The good lieutenant bore his own record. It is interesting to note, however, that this case was evidently not brought to enforce the commandant's judgment but was an independent action. How did the justice provided by the Post commandant during the French period measure up? In the absence of litigation records, this is the hardest kind of question to answer. We know, however, that whatever jurisdiction was exerciseable by the commandant, he acted alone, without official advisors and without, of course, a jury. To say that rule is autocratic is not to say

Issue 21.5 of the Review for Religious, 1962. ; JOHN XXIII M editatiOnS on the Rosary [On September 29, 1961, Pope John XXIII. issued the apos-tolic epistle, II religioso convegno, in which he exhorted the faithful.to recite the Rosary for the intention of peace among nations,Later on April 28, 1962, the Holy Father issued another apostolic epistle, Oecumenicum Conciliurn, urging the saying of the Rosary for the success of Vatican Council II. To assis~ the faithful in a fruitful saying of the Rosary, His Holiness com-posed a set of meditations on each mystery of'the Rosary: These are here translated from the original Italian text as given in Discorsi, Messaggi, Colloqui del Santo Padre Giovanni XXIII, v. 3 (Vatican City: Vatican Polyglot Press, 1962), pages 762- 72.] THE JOYFUL MYSTERIES The Annunciation This is the first luminous point of contact between heaven and earth; ,.it is the first of the greatest events in the history of the ages. In this mystery the Son of God, the Word of the Father through whom "all things were made". (Jn 1:3) in this order of creation, takes on a human nature; He becomes man in order that He might be the Redeemer and the Savior of man andof all humanity. Mary Immaculate, most beautiful and most fragrant flower of all creation, by her "Behold the handmaid of the Lord" (Lk 2:38) given in reply to the words of the angel, accepts the honor of divine motherhood; and at that instant it is fulfilled in her. We who were once born with our father Adam as adopted ~hildren of God and who then fell from this grace are now today brothers, adopted sons of the Father, because we have. been re-stored to our adoption by the redemption which begins with this event. At the foot of the cross we shall be sons of Mary together with Christ conceived by her at this moment. From this event on she will be the Mother of God and our Mother. + + + T~e Rosary VOLUME 21, 1962 397 0 the sublimity and the tenderness of this first mys-teryl As we reflect on this scene, our principal and constant duty is to thank the Lord because He has deigned to come to save us and because He has become man and our human brother. He is associated with us in the state of sonhood to the woman who at the foot of the cross will make us adopted sons. Since We are adopted sons of His heavenly Father, Fie has willed that we should also be children of the same Mother. In the contemplation of this first scene, besides the habitual thought of gratitude, our prayer should be di-rected towards a real and sincere effort to become hum-ble, pure, and actively charitable, for all these are virtues of which the Blessed Virgin gives us a shining example. The Visitation JOHN XXIH REVIEW FOR RELIGIOUS 398 What graciousness and sweetness is to be found in this three-month visit of Mary with her beloved cousinl Both women bear a motherhood that will soon come to term. The motherhood of the Virgin Mary is the most sacred imaginable. A sweet harmony is to be found in the can-ticles that the two interchange with each other: on the one hand, "Blessed art thou amongst women" (Lk 1:42), and on the other, "The Lord has regarded the lowliness of his handmaid; all generations shall call me blessed" (Lk 1:48). The event .that happens here at Ain-Karim on the hill-top of 'Epron showers a light, both human and heavenly, on the bonds that unite Christian' families which have been formed by the ancient school of the holy Rosary: the Rosary recited every evening in the intimate circle of the home; the Rosary recited not by one or a hundred or a thousand families, but by all families; the Rosary recited in all places of the earth where man "suffers, struggles, and prays" (A. Manzoni, La Pentecoste, v. 6); the Rosary re-cited by those called by inspiration from on high to the priesthood, or to missionary work, or to a longed-for apostolate; the Rosary recited by all those who are called by motives, legitimate as well as pressing, to labor, to business, to military service, to study, to teaching, to what-ever occupation. During the saying of the Hail Marys of-this mystery, it is good to join ourselves to the many persons united to. us by blood, by family, and by every bond that sanctifies and therefore strengthens the feeling of love which binds us to those we particularly love: parents and children, broth-ers and relatives, fellow countrymen, fellow citizens~ All this should be done for the purpose of sustaining, increas-ing, and illuminating the presence of that universal char- ity the exercise of which is the profoundest and highest joy of this life. The Birth oI Our Lord At the time appointed by the laws of the human nature He has assumed, the Word of God madff ~th °comes forth from the holy tabernacle of the immaculate womb of Mary. His first appearance in the world is in a man-ger where animals feed and where everything is. silence, poverty, simplicity, innocence. The voices of angels re-sound in the heavens as they announce the peace which the new-born Infant brings to the world. The first wor-shipers are Mary His Mother and Joseph His foster Father; afterwards humble shepherds come from the hill-side, invited by angelic voices. Later will come.a caravan of nobler rank led by a star; they will offer precious gifts pregnant with hidden meaning: In this night of Bethle-hem everything speaks in a language understandable by all. In this mystery, there should be no one who does not bend his knee in adoration before this crib, no one who does not gaze at the eyes of the divine Infant as they look into the distance as though viewing all the peoples of the earth passing one after another before His presence. He recognizes them all, knows them all, and smilingly greets them all: Jews, Romans, Greeks, ,Chinese, Indians, the peoples of Africa, the peoples of every region of the universe, of every epoch of history, it makes no difference if the regions be far distant, solitary, remote, secret, and unexplored; nor does it matter whether the epoch is past, present, or future. During the praying of this decade the Holy Father likes to recommend to the new-born Jesus the uncount-able number of babies of all the peoples of the earth who in the preceding twenty-four hours have come to the light of day everywhere on the face of the earth. All of them, whether they will be baptized or not, belong by right to Him, to this Babe born in Bethlehem. They are His brothers, called to a lordship .that is the,highest and gentlest in the heart of man and in the history of the world. It is a lordship that alone is worthy of God and of men, a lordship of light and of peace; it is the "kingdom" we pray for in the Our Father. The Presentation in the Temple Christ, supported by the arms of His mother, is offered to the priest; at the same instant He holds out His own armsin front of Him: it is the meeting of the two Testa-ments. There is an advance here towards "the light and revelation of the Gentiles" (Lk 2:32), to Him who is the splendor of the Chosen People, the Son of Mary, Present ÷ The Rosary VOLUME 21, 1962 399 ÷ ÷ ÷ JOHN XXIII REVIEW FOR RELIGIOUS 400 also is Joseph who equally shares in the presentation rites prescribed by the Law. In a different but analogous way this episode is con-tinued and perpetuated in the Church; while we recite this decade how good it is to contemplate the field grow-ing to harvest: "Lift up your eyes to the fields already white with the harvest" (Jn 4.:35). This harvest consists of the joyful hopes of the priesthood and of co-workers of the priesthood; there are many of these in the kihgdom of God and yet never enough, They are the youths in semi-naries, in religious houses, in missionary institutes; and because all Christians are called to be apostles, they are also in Catholic universities; they are all those other hopes of the future apostolate inseparable from the laity. It is an apostolate which grows in spite of difficulties and of opposition; it enters even .into nations suffering from per-secution; it offers and will never cease to offer a spectacle so consoling that it calls forth words of joyful admira-tion. "The light and revelation of the Gentiles".(Lk 2:32); the glory of the Chosen People. The Finding in the Temple Christ is now twelve years old. Mary and Joseph ac-company Him to Jerusalem for the prescribed worship. Unexpectedly He disappears, unseen by their vigilant and loving eyes. Their anguish is great and for three days they search for Him in vain. Sorrow is succeeded by joy when they find Him in the area around the Temple, hold-ing discussions with the doctors of the Law. How signifi-cant and detailed are the words With which St. Luke de-scribes the scene: "They find him in the midst of the doctors, listening to them and questioning them" (Lk 2:46). At that time a meeting such as this had a deep sig-nificance: knowledge~ wisdom, guidance of practical life in the light of the .Old.Testament. Such at every moment of time is the task of human in-telligence: to collect the thought of the ages, to transmit sound teaching, firmly, and humbly to lift the gaze of scientific investigation to the future, for we all die one after the other and we go to God; humanity journeys to-wards the future. Both on the level of supernatural and natural knowl-edge, Christ is never absent; He is always found there at His place: "One only is your mfister, Chrisi" (Mt 23:10). This fifth decade, the last of the joyful mysteries, should be considered a specially beneficial invocation for all those called by God through the gifts of nature, the cir-cumstances of life, the wishes of superiors, to the service of truth. Whether they are engaged in research or in teaching, whether they diffuse knowledge long attained!. or new techniques, whether they write books or are con-cerned with audiovisual projects; all of them are invited to imitate Jesus. They are the intellectuals, professional men, journalists. All of these, especially journalists since they are characterized by the daily duty of honoring truth, should communicate the truth with religious fidelity, with the utmost prudence, and without fantastic distortion or falsification. Let us pray for all of these, whether they be priests or lay persons; let us pray that they be able to listen, to the truth--and for this ther~ is needed great purity of heart. Let them learn to understand the truth---and for this great humility of mind is required. Let them be able to defend the truth--and for this is required that which was the strength of Christ and of the saints, obedience. Only obedience secures peace and.victory. THE SORROWFUL MYSTERIES The Agony in the Garden The mind returns again and again to thescene of the Savior in the place and hour of His supreme abandon: "And his sweat became as drops of blood running down upon the ground" (Lk 22:44). It is an interior p~iin of the soul, the bitterness of an extreme loneliness, the fail-ing of an exhausted body. It is an agony ,that could be caused only by the Passion which.Jesus now sees not as distant or even as near, but as already present. The scene of Gethsemani gives us the strength and the courage to strain, our wills to accept even great suffering when that suffering is willed or permitted by God: "Not my will but thine be done" (Lk 22:42). These are words that both wound and heal; they teach us the glowing ardor that can and should be reached by the Christian who suffers together with the suffering Christ; they give us a certainty of the indescribable reward of the divine life that exists in us now through grace and will be in us later through glory. In the present mystery the particular intention that should be considered is the "solicitude for all the Churches" (2 Cor 2:28), the anxiety that troubles the mind as the wind disturbed the lake of Genesareth: "The wind was against them" (Mt 14:24). This is the object of the daily prayer of the Holy Father: the anxiety of the most fearful hours of his pastoral ministry; the anxiety of the Church which suffers with him throughout the world, while at the same time he suffers with the Church present and suffering in him; the anxiety of souls and of entire portions of the flock of Christ that are subjected to perse-cution against the freedom to believe, to think, and to live. "Who is weak, and I am not alsoweak?" (2 Cor I 1:29). + + + The Rosary VOLUME 21, 196Z 401 JOHN XXIII REVIEW FOR RELIGIOUS 402 This sharing in the sorrows of the brethren, this suffer-ing with those who suffer, this weeping with those who weep (Rom 12:15) is a merciful blessing for the entire Church. Is not this the communion of saints that each and all possess in common the Blood of Christ, the love of the saints and of the virtuous, and, alas, our sin and our in-firmity? We should continually reflect on this communion which is a union and, as Christ said, a kind of unity: "That they may be one" (Jn 17:22). The cross of our Lord not only ennobles us, it draws souls: "And I, if I be lifted up from the earth, will draw all things to myself" (Jn 12:32). The Scourging This mystery recalls to our minds the merciless lashing of the immaculate and holy.Body of Christ. Human na-ture is composed of body and soul. The body endures humiliating temptations, while the will in its weakness can easily be carried away. In this mystery, then, is to be found a reminder of that salutary penance which implies and involves the true well-being of man, a well-being which comprehends bodily welfare and spiritual salvation. The teaching that comes from this mystery is important for all. We are not called to a bloody martyrdom but to the constant, discipline and daily mortification of our pas-sions. This path is a true way of the cross, daily, inevitable, necessary; at times it can become heroic in its demands. By it we gradually arrive at an ever greater resemblance to Christ, at a participation in His merits, at a greater cleansing of every fault through His immaculate Blood. We never arrive at this by way of easy enthusiasm or by way of useless and ineffective extravagance. His Mother, stricken with sorrow, sees Him after His scourging; her affliction is overwhelming. How many mothers desire to see their children grow perfect as they initiate them into the discipline of a good training and of a sound life; yet instead they must mourn the disap-pearance of their hopes, saddened because so much care has led to nothing. The Hail Marys of this mystery, then, will ask of the Lord the gift of purity for the family, for society, and espe-cially for young people since they are most exposed to the seductions of the senses. They will also plead for strength of character and for loyalty in the face of all trials tO teaching already received and to resolutions previously made. The Crowning with Thorns The contemplation of this mystery is especially con-cerned with those who bear the burdensome responsibility of the direction of social life; it is the mystery of those whoi govern, who make laws, and. who judge. On the head of this King, there is a cross of thorns. So also on their .heads there will be a crown; it is a crown that undeniably shines with the glow of dignity and distinction; it is a glow that comes from an authority that comes from God and is therefore divine. Yet interwbven into this crown are things that press down, that pierce, that bring perplexity, that tempt to bitterness; it is in brief a crown of thorns and of worry; and it is this even aside from the sorrow caused by the ill will and faults of men, which is a sorrow all the more keen as one loves them and has the duty of representing to them the Father who is in heaven. Another useful application o~ the mystery would be to think of the serious responsibilities of those who have re-ceived greater talents and hence are bound to bring forth fruit in proportionate measure by means of a persevering exercise of their faculties and of their intelligence. The service of thought, the duty of those so endowed to act as a light and a guide to others, should be carried out pa-tiently,, while temptations of pride, of egoism, and of de-structive separation are avoided. The Carrying of the Cross Human life is a long and burdensome pilgrimage; it is an upward journey over the rocky ascents that are marked to be the lot of all men. In the present mystery Christ represents the human race. If each man did not pos-sess his own cross, sooner or later he would fall by the way-side, tempted by egoism or by indifference. By contemplating Christ as He climbs up Calvary, we learn--more through the heart than the mind--to em-brace and to kiss the cross, to carry it with generosity and even with joy according to the words of the Imitation of Christ: "In the cross there is salvation; in the cross there is life; in the cross there is protection from our enemies and a pouring forth of a heavenly sweetness" (Book l, Chapter 12:2). And should not our prayer extend also to Mary who in her sorrow follows Christ in a spirit of intimate participa-tion in His merits and in His sorrows? This mystery should bring before our eyes the immense scene.of those in tribulation: orphans, the aged, the sick, prisoners, the weak, refugees. For all of these let us ask for strength and the consolation that only hope can give. Let us repeat tenderly and with the hidden interior tears of the soul: "O cross, hail, our only hope" (Vesper Hymn of Passion Sunday). The Crucifixion "Life and death meet in a wondrous battle" (Sequence of the Easter Mass); life and death are the two significant The Rosary VOLUME 21, 1962 4O3 and decisive aspects of the sacrifice of Christ. From Bethle-hem's smile-~one such as is found in all the sons of men at their first appearance on this earth--to Calvary's last breath and gasp which gathers into one all our sorrows in order to sanctify them and which expiates our sins in or-der to blot them out; this is the life of Christ on earth among us. And Mary stands near the cross as she once stood near the Babe of Bethlehem. Let us pray to her, our Mother, that she may pray for us "now and at the hour of our death." In this mystery we can see outlined the mystery of those who will never acknowledge the Blood which has been poured forth for them by'the Son of God. It is the mystery especially of obstinate sinners, of the unbelieving, of those who receive and then reject the light of the gospel. Such thoughts cause prayer to break forth in one immense sigh, in one burst of grief-stricken reparation in a worldwide view of the apostolate. We beg wholeheartedly that the Precious Blood poured forth for all men may finally give to all men salvation and conversion and that the Blood of Christ may give to all a pledge and a token of life eternal. THE GLORIOUS MYSTERIES + + + JOHN XXIII REVIEW FOR RELIGIOUS The Resurrection This is .the mystery of death confronted and defeated. The Resurrection marks the definitive triumph of Christ and it is at the same time the assurance of the triumph of the Catholic Church over adversities and persecutions past and present. "Christ, Lord of glory; Christ, Prince of na-tions; Christ, King of kings." It is good to recall that the first appearance of the risen Christ was to the women who had been close to Him during His humble life and who remained close to Him even on Calvary. In the splendor of this mystery the gaze of our faith goes out to the living souls now united with the risen Christ, the souls of those dearest to us, the souls of those who were close to us and with whom we shared the anguishes of life. In the light of the Resurrection of.Christ there rises up in our hearts the remembrance of our dead. Remembered by us and aided by the sacrifice of the crucified and risen Lord, they still share in that better life of ours which is prayer and which is Christ. It is not without reason that the Eastern liturgy con-cludes the funeral rite with an Alleluia for all the dead. Let us ask for the dead the light of an eternal resting place while at the same time our thoughts are directed to the resurrection of our own mortal remains: "I await the resurrection of the dead." To be able to await, to place one's continual trust in the promise of that of which the Resurrection of Christ is a sure pledge--this is a foretaste of heaven. The .Ascension In this scene let us contemplate the,consummation and final fulfillment of theprortiises of Christ.~It is. His' re-sponse to our .longing for paradise. His final return to the Father from whom He had descended to us in the world gives us assurance that He has prepared a place for us: "I go to prepare a place for you" (Jn 14:2). This mystery, above all others, presents itself as a light and a guide to those souls who strive to follow their proper vocations. This is the background of that spiritual ac-tivity and ardor that contin.ually burn in the hearts of priestswho are not held down and distracted by the goods of this earth but seek only to open to themselves and to others the ways that lead to sanctity and perfection. This is that level of grace to which one and all must come; priests, religious, missionaries, laypersons devoted to-God and the Church, souls that are the good odor of Christ (2 Cor.2:15). Where such are, Christ is felt to be near; and they already live in a continual union with the life of heaven. This mystery teaches and urges us not to allow ourselves to be held back by that which burdens and weighs down the soul, but to abandon ourselves to the will of the Lord who draws us upwards. The arms of Christ, .as He returns to His Father at His Ascension¯ into heaven, are extended in blessing on the Apostles and on all those who follow them in their belief in Him. In the hearts of such there is a calm and serene certainty of a final meeting with Him and with all the saved in the realm of eternal happiness. The Descent of the Holy Spirit At the Last Supper the Apostles received the promise of the Spirit; later in the Cenacle, with Christ gone but Mary present, they receive Him as the supreme gift of Christ; what else indeed could the Spirit of Christ be? And He is the Strengthener and the Vivifier of souls. The Holy Spirit continues to pour forth His grace on and in the Church day by day;.centuries and peoples belong tothe Spiri~ and to the Church. The triumphs of the Church are not al-ways apparent externally; but they are always there, full of surprises and marvels~ The Hail Marys of this mystery are directed towards a special intention in this year of fervor as we see the pilgrim Church plan and prepare an ecumenical council. The council is to be a new Pentecost Of faith, of the apostolate, and of extraordinary graces for the well-being of men and the peace of the entire world. Mary, the Mother of Christ The Rosary VOLUME 2I, ~.962 405 ÷ ÷ JOHN XXIII REVIEW FOR RELIGIOUS 406 and our own living Mother, is with the Apostles in the Cenacle at Pentecost. Let us ever remain close to her through the "Rosary during this year. Our prayers united with hers will effect once more the ancient event of Pente-cost; it will be the rise of a new day, the dawn of new ac-tivi. ty for the Church as she grows holier and more catholic in these our times. The Assumption The lovely image of Mary becomes glowing and bril-liant in this greatest of exaltations that a creature may have. How full of grace, of sweetness, and of solemnity is the dormition of Mary as the Christians of the East love " to think about it. She lies there in the quiet sleep of death; Christ stands near her, holds her to His Heart as though the soul of Mary were an infant; thus is symbolized the wonder of Mary's immediate resurrection and glorifica-tion. The Christians of the West, on the other hand, prefer to raise their eyes and their hearts to follow Mary as she is assumed body and soul into the eternal kingdoms. It is in this way that our greatest artists have represented her in her incomparable beauty. Let us too follow her in this way; let us allow ourselves to be carried away with her amid the angelic procession. On days of sorrow this scene is a source of consolation and fidelity for privileged souls--and we. can all be such if we respond to grace--whom God silently prepares for the greatest of triumphs, that of sainthood. The mystery of the Assumption makes the thought of death, including our own, familiar to us; it gives us the light of a serene abandon of ourselves, for it familiarizes and accustoms us to the thought that, as we would desire, the Lord will be near us in our death agony to gather into His hands our immortal souls. May your favor be always with us, 0 immaculate Virginl The Coronation of Mary This is the synthesis of the entire Rosary which thus ends in joy and in glory. The great theme that opened .with the Annunciation of the angel to Mary has passed like a thread of fire and light through each of the mysteries; it is the eternal plan of God for our salvation. It has been imaged in many scenes; it has been present in all the mysteries up to now; and now it ends with God in the splendor of heaven. The glory of Mary, the Mother of Christ and our Mother, shines in the splendor of the most august Trinity and is dazzlingly reflected in holy Church in all her states: triumphant in heaven, suffering in the confident expec-tation that is Purgatory, militant on earth. 0 Mary, pray with us, pray for us, as we know and feel you do. How real are the delights, how lofty the glory in the divine-human relationships of. affection, words, and life that the Rosary has given and continues to give to us. It softens our human afflictions; it is a foretaste of the peace of the other world; it is our hope fore'ternal life. ÷ ÷ ÷ The Rosary VOLUME 21, 1962 407 JOSEPH F. GALLEN, S.J. Practice of the Holy See ÷ ÷ ÷ Joseph F. Gallen, S.J., is professor of canon law at Woodstock College, Woodstock, Mary-land. REVIEW FOR RELIGIOUS This article gives, from January 1, 1959, the contents of replies or rescripts of the Holy See to particular re-quests and the practical points of constitutions approved by the Holy See. The rescript or approval is always that of the Sacred Congregation of Religious unless otherwise indicated. Similar articles appeared in the REVtEW ~oR RELICXOUS, I0 (1951), 22--24; 11 (1952), 12--18, 69--74, 151-- 58; 12 (1953), 252--72, 285--90; 18 (1959), 77--85, 156--68, 214--24. We have also listed under each heading the is-sues of the REvmw FOR RELIGIOUS in which the same mat-ter had been at least generally explained. Such references will be useful and sometimes even necessary because the practice of the Holy See is not fixed and invariable in sev-eral of the matters contained in the article. Choir and lay nuns. In one order of nuns, the titles now in use are choir nuns and lay nuns. The latter are therefore no longer called lay sisters in this order. In the same order, the lay nuns have a vote in the conventual chapter but not in elections. REwv.w ~-oR P~V.L~CIOUS, 15 (1956), 266-67. Change of the religious habit. Several congregations of sisters simplified the religious habit to some degree. A monastery of nuns was permitted to change the white veil of the lay sisters to black on trial for ten years and provided it was certain that the chapter of the monastery consented to the change. A federation of nuns changed the habit of its extern sisters to conform completely to that of the choir nuns. In one order of nuns, it is no longer of obligation for the habit to be of wool and the lay nuns now wear the same habit as the choir nuns. In granting a request for a change in the habit to a congregation of sisters, the Sacred Congrega-tion stated: "However, even for temporary changes of this nature, this Sacred Congregation requires that the matter be referred to each and every superior and sister. If the majority of those qualified to vote are in favor of the change . " The Holy See is approving constitutions that contain the following article: "No substantial, per-manent, or general change in the color or form of the habit may be made without the permission of the Holy See." R~vIEw FOR RELIGIOUS, 18 (1959), 80-81; 13 (1954), 298. Time of giving dowry (c: 547, ~§ 1'-3). Ina general revision of the constitutions of a congregation of sisters proposed to the Holy See, the article on this point was presented in the usual wording: "The dowry must be given to the congregation before the begihning of the noviceship, or at least its payment guaranteed in a man-ner recognized as valid indvil law," The Holy See added the following sentence: "The dowry may also be given in parts." The same article in another set of approved constitutions reads: "Each aspirant is obliged to bring a dowry . The dowry may also, for just reasons, be set up in installments or after the death of the parents, provision being made in the meantime for the payments of the an-nual interest." REVIEW FOR RELIGIOUS, 3 (1944), 229-30. Length of postulancy (c. 539). The Holy See is approving articles of the following type: "The time prescribed for the postulancy is one year. For a just reason and with the advice of the council, the mother general may shorten or prolong this time, but not beyond six months in either case." Before they are admitted to the noviceship, the aspirants are to make a postulancy of ten months, which may be reduced to six months or extended to sixteen months by the mother general with the advice of her coun-cil." "Before being admitted to the noviceship, the as-pirants must spend nine months as postulants. The pro-vincial superior or the superior general, as. the case may be, may prolong this time but not beyond an additional six months; she may shorten it, but never beyond three months." REVIEW FOR RELIGIOUS, 18 (1959), 82; 11 (1952), 151-53; 13 (1954), 301; 3 (1944), 410. Two years of noviceship in monasteries and federations of nuns. One entire federation of nuns was permitted to change its noviceship from a duration of one to two years. Two monasteries of the federation already possessed this permission. A monastery of another order was granted the same duration of the noviceship on trial for five years, and several monasteries of still another order are request-ing a noviceship of two years. REVIEW FOR RELIGIOUS, 18 (1959), 83-84; 13 (1954), 301. Dispensation from second year of noviceship. The Holy See dispensed from the sec-ond year of noviceship in favor of a-novice who had been professed of perpetual vows in another institute. REVIEW VOR RELIGIOUS, 18 (1959), 84; 12 (1953), 260; 13 (1954), 301. Those who may admit to the profession of a novice in danger of death. The Holy See continues to approve the following article: "Even though she has not completed 4" 4" 4" Practice o] the Holy See VOLUME 21, 1962' 409 ÷ ÷ ÷ ]. F. Gallen, $.]. REVIEW FOR RELIGIOUS 410 the time of her noviceship, a novice in danger of death may for the consolation of her soul be admitted to pro-fession by any superior, the mistress o/novices, and their delegates. " REVIEW EOR Ri~L*GIOUS, 18 (1959), 84--85; 15 (1956), 263-64; 1 (1942), 117-22. First profession out-side novitiate house (c. 574, § 1). Two congregations of sisters secured a dispensation for five years to have the first temporary profession outside the novitiate house, a third to do the same indefinitely in the chapel of the generalate, and four others to hold the reception and pro-fession ceremonies in a nearby parish church because of inadequate space in the novitiate chapel. REVIEW FOR LIG~OUS, 18 (1959), 156; 12 (1953), 264; 15 (1956), 222--24, Temporary prolession of l~ve years. Congregations of sis-ters continue to change from three to five years of tempo-rary vows. A prolongation of a five-year profession is limited to a year (c. 574, § 2), The Sacred Congregation does not insist on any determined division of the five-year duration, for example, out of fourteen approved changes, five congregations have five annual professions, two have three annual professions and one of two years, two have a profession of two years followed by one of three years, and five have a profession of three years followed by one of two years. REVIEW FOg RELIGIOUS, 18 (1959), 156-57; 16 (1957), 379-80; 15 (1956), 267; 12 (1953), 263-64; 13 (1954), 302-303. Abbreviation of constitutional duration of temporary profession. One congregation that has a pre-scribed temporary profession of six years was granted a dispensation to abbreviate this time by two years for an individual religious. REVIEW FOR RELIGIOUS, 12 (1953), 262--63; 19 (1960), 337--52. Reception o[ profession (c. 572, § I, 6°). Articles of the following type are approved and inserted into constitutions by the Holy See. "That it be received by the mother general or a sister delegated by her. Regional and local superiors and their legitimate substitutes are delegated by the constitutions to receive the renewal of ~'ows and with power also to subdelegate. They possess the same authority for the reception of other professions in the default of a sister expressly delegated by the mother general." REVIEW FOR RELIGIOUS, 18 (1959), 157--58; 16 (1957), 113; 8 (1949), 130--39. Renunciation o[ patrimony. In five dispensations for a sister of simple vows in a congregation to renounce her patrimony in [avor oI her congregation (c. 583, 1°), according to the printed and thus regular form of the rescript the dispen-sation was granted, "under the condition that the entire sum will be restored to the petitioner if for any reason whatever she leaves the congregation." This condition was not found in another dispensation in virtue of which the property was to be given to a brother and sister. RE-. VIEW fOR RELIGIOUS, 12 (1953), 257-59; 16 (1957), 311. No precedence in receiving Holy Communion. In one request for changes in the constitutions, the Holy See it-self added the following sentence: "No precedence is to be observed in approaching Holy Communion." REVIEW FOR RELIGIOUS, 9 (1950), 149; 18 (1959), 162; ~5 (1956), 25; 3 (1944), 252--67, 268~70, 428; 1'1 (1952), 213;' 12 (1953), 147--50. Feast of our Lady of Mercy. Several communities of the Sisters of Mercy have obtained from the Sacred Congregation of Rites the faculty of celebrating the feast of our Lady of Mercy, September 24, as a feast of the I class, with. a proper Mass approved on May 30, 1955 for the Sisters of Mercy of the Australian Union, and with the faculty also of using it as a votive Mass. REVIEW FOR RELIGIOUS, 18 (1959), 163; 12 (1953), 289--90. Obligation of the choral recitation of the Little Office of the Blessed Virgin by nuns. Authors commonly state that the obliga-tion of choral recitation is only under venial sin in the orders of nuns that are not obliged by their constitutions to the Divine Office but only to the Little Office of the Blessed Virgin. Some add that this is the Office recited by Visitandine nuns or give the Visitandine nuns as an ex-ample of the venial obligation cited above. Cf, De Carlo, ]us Religiosorum, n. 375, 8. In a rescript of October 26, 1959, the Sacred Congregation of Religious declared that the recitation of the Little Office of the Blessed Virgin, prescribed by the constitutions and spiritual directory of the Order of the Visitation of Holy Mary, is an obligation imposed upon the religious under venial and not under mortal sin. Change to the Short Breviar~ from the Little Office of the Blessed Virgih. This was granted on trial for one year to a congregation of sisters by the Sacred Congregation of Religious, on May 23, 1961, and to another congregation of sisters absolutely by the Sacred Congregation for the Propagation of the Faith, on March 4, 1960. Articles approved on the Little Office of the Blessed Virgin. The Holy See approved the following arti-cles of constitutions on this Office: "The sisters shall re-cite daily Lauds, Vespers, and Compline of the Little Office of the Blessed Virgin, using an approved transla-tion in the vernacular." "In formal houses, on Sundays and on the principal feasts of the Blessed Virgin, they shall recite in common the Little Office of the Blessed Virgin." REVIEW FOR RELIGIOUS, 20 (1961), 304--306; 18 (1959), 163; 9 (1950), 156; 6 (1947), 18--24; 2 (1943), 66, 406; 11 (1952), 44; 13 (1954), 129--30, 149--52, 299--300. Frequency o[ chapter of faults. The Holy See approved a requested change in the chapter of faults from once a week to once a month. REVIEW FOR RELIGIOUS, 13 (1954), 135; 7 (1948), 163--64. Indulgences. Privileged altar (cc. 916-18), A congregation of sisters obtained from the Sacred Penitentiary, Office on Indulgences, for seven 4- 4- 4. Practice o] the Holy See VOLUME 21, 1962 411 J. F. Gallen, S.J. REVIEW FOR RELIGIOUS 412 years that the main altar of its motherhouse .be a privi-leged altar for the dead. For recitation of the Little OI~ice o[ the Blessed Virgin. The indulgences commonly granted are listed in the Raccolta, n. 318. A congregation of sisters secured from the same source the following indulgences to be gained under the usual conditions: (1) A plenary indulgence, if the sisters recite this entire Office, even though interruptedly, in the presence of the Blessed Sacra-ment solemnly exposed or ~eserved in the tabernacle: (2) A partial indulgence of five hundred days for every hour of this Office that they have recited with at least a con-trite heart before the Blessed Sacrament, as above, and even though they do not recite the complete Office be: fore the Blessed Sacrament. Rv.virw for RELXG~OUS, 15 (1956), 24. Papal blessing at the end of a retreat [or those not physically present. Through their cardinal protector, a congregation of sisters obtained from the Holy Father, John XXIII, a privilege that permits the sisters who are in the infirmary and cannot go to the chapel to gain the plenary indulgence attached to the papal blessing given at the close of a retreat by hearing this blessing imparted by the priest on the public address system. Montague ex-presses the common opinion on this point briefly and clearly: "It should be noted that this privilege of receiV: ing the blessing and indulgence over the radio is attached by positive decree only to the blessing given by the Pope 'Urbi et Orbi'; when the Apostolic Benediction is given by a bishop or priest, its benefits accrue only to those who are physically present to receive it." Problems in the Lit-urgy, 374. Cf. Bouscaren, Canon Law Digest, II, 231,227; Ephemerides Liturgicae, 53 (1939), 122-23; De Angelis, De Indulgentiis, nn~ 143-50; Heylen, Tractatus de Indul-gentiis, 274; Coronata, De Sacramentis, I, 525, note 5; Cappello, De Sacramentis, II, n. 678, who holds that physi-cal presence is not necessary; Regatillo, Interpretatio et Iurisprudentia Codicis Iuris Canonici, 366; Dizionario Di Teologia Morale, 154; Ferreres-Mondria, Compendium Theologiae Moralis, II, n. 753; De Herdt, Praxis Litur-gica, III, n. 294; De Amicis, Caeremoniale Parochorum, n. 386, 3. Common cloister. Absence beyond six months. In giv-ing permission for an absence beyond six months outside the houses of the institute because of ill health (c. 606, § 2), the Sacred Congregation is adding (1) the granting of "an appropriate dispensation from the rules incom-patible with the state of infirm health 0f the aforesaid sister," and (2) the injunction to superiors: "The perti-nent superiors shall take care that the sick sister is aided as much as possible by a thoughtful charity, especially with regard to spiritual matters, and that she be properly assisted." Permission given [or as long as necessary. The' petition stated: "Sister has been a. mental patient for sev-eral years, and the doctors have advised that she remain in this hospital." When granted the permission was not for any determined period but for as long as necessary. REVIEW fOR REr.IGIOUS, 15 (1956), 289--91; 18 (1959), 166. Admitting sisters o[ other institutes into tho refectory ol a congregation. "This Sacred Congregation hereby grants a general dispensation from the prescriptions of arti-cle., of your constitutions so that you may receive at table in your refectory all those sisters of other communi-ties whom you take into your juniorate." REVIEW FOR RELIGIOUS, 15 (1956), 285--87. Papal cloister. Veil covering grille. The Holy See permitted the removal of the veil covering the grille in.the parlor of a monastery Of nuns for the visits of relatives and others at the discretion of the abbess; REVIEW for RELIGIOUS, 16 (1957), 40-41. Ad-mission .o[ instructors. One monastery of nuns was per-mitted for ten years to admit into papal cloister "quali-fied feminine instructors to train the nuns in such arts and crafts as are compatible with the life of enclosed nuns., for the time strictly necessary . ~' REVIEW FOR RELIGIOUS, 16 (1957), 43-48. Entrance of extern sisters. One monastery of nuns received the faculty, in 1959, to permit the finally professed extern sisters to enter the enclosure (I) to take part in the community exercises in-sofar as, according to the judgment of the prioress, their duties on the outside permit; (2) for private retreats; (3) medical and dental examination and care; (4) sleep, when the prioress deems it expedient; to permit the tempo-rarily professed extern sisters to enter the enclosure for their renewals of vows and final profession; that these, the second-year novices, and postulants be permitted to enter (I) for novitiate exercises; (2) community exercises and sleep, according to the discretion of the prioress; (3) private retreats; and (4) medical and dental examination and care. REVIEW VO~ RELIGIOUS, 12 (1953), 289; 16 (1957), 47-48; 21 (1962), 1--9. General chapter. Ordinary and extraordinary. The Holy See is consistently defining an ordinary general chap-ter as the one that takes place at the expiration of the term of office of the superior general and on the vacancy of this office by reason of death, resignation, or deposi-tion, whereas an extraordinary general chapter is one held for any reason other than the election of a superior gen-eral. REVIEW VO~ RELIGIOUS, 18 (1959), 244; "1 (1942), 146. Anticipation or postponement of' general chapter: The Holy See approves an article of the following type: "The assembly of the ordinary general chapter at the end of the six-year term of office of the superior general may for weighty reasons and with the consent of the general coun-cil'be convened three months before or after the expira-÷ ÷ ÷ Practice oy the Holy See VOLUME 21, 1962 413 ~. F. Gallen, S.J. REVIEW FOR RELIGIOUS 414 tion of the term." "The general chapter will be held three months before or after the expiration of the term of mother general." REvIEw for RELIGIOUS, 19 (1960), 302-303. Secretary general and treasurer general. The Holy See now demands that both of these be given ex officio membership in the general chapter and that the treasurer general~be elected by the general chapter. It permits the appointment of the secretary general by the superior general with the consent of the general council. By the law of one congregation, the secretary general and bursar general were not elected but appointed by the mother general with the Consent of her council. The)' also did not have ex officio membership in the general chapter. The mother general with the consent of her council requested that they be given such ex officio mem-bership. The request was granted only for the next gen. eral chapter, in which the matter was to be submitted to the discussion and vote of the general chapter and again proposed to the Sacred Congregation. In the case of another congregation, the Sacred Congregation refused a requested change of the constitutions from the election of the secretary general and bursar general by the general chapter to appointment by the mother general with the consent of her council for a term of three years each. In one definitive approval of constitutions, a gendral re-vision, and a request for particular changes in the con-stitutions, the secretary general and bursar general were given ex officio membership in the general chapter but they were to be appointed to their offices for a term of three years by the mother general with the consent of her council. The Sacred Congregation, in all three cases, approved such an appointment of the secretary general but changed the appointment to elefition by the general chapter in the case of the bursar general. The approved constitutions of a congregation that was made pontifical contain the following: "After the election of the superior general, the chapter shall proceed on the same day, or on the following, to the election of the four general coun-cilors and the general treasurer . As soon as convenient after the gene(al chapter, the superior general and her council meet for the appointment of the secretary gen-eral . The general council, the secretary general, and the treasurer general remain in office until the next elec-tive general chapter." REWEW for RELIGXOUS, 18 (1959), 218; 12 (1953), 286; 10 (1951), 190--91. Ex oficio member-ship of regional superiors. In some constitutions, these are given ex officio membership; in others, they are not. Local superior of the motherhouse. In one set of consti-tutions, this superior was given ex officio membership in the general chapter of an institute divided into provinces, Use of proposed revision for an approaching general chap.~ ter. One congregation of sisters asked permission to use for an approaching general chapter the section on the general chapter from a general revision of the constitu-tions that was being prepared. The Sacred Congregation granted this request only for the approaching general chapter and with the following changes. (1) This revision enacted that the elected delegates from the provinces were to be, "four from each large province which numbers at least two hundred sisters of perpetual vows; three from each small province; and two from the houses, immedi-ately subject to the mother general." The Sacred Congre-gation added the following clause to the last. part of this article: "provided the number of sisters in all these houses [those immediately subject to the mother general] is equal at least to the number of sisters in the smallest province." (2) The ex officio members of the general chapter were: the mother general, general councilors, secretary general, bursar general, former mothers general, and mothers pro-vincial. The Sacred Congregation added to this article: "Should there be a question of replacing an ex officio delegate to the general chapter, a sister shall be chosen by the mother general with the consent of her council, unless there is question of a provincial. A provincial will be replaced in the chapter by her assistant." This is the first case I have ever encountered of substitutes for the general officials in the constitutions of lay congregations, nor are such substitutes found in constitutions or general revisions of constitutions recently approved by the Holy See, Time of election of tellers and secretary of the general chapter. The Holy See approved the request of a congre-gation of sisters to transfer these elections from the day of the election of the mother general to the preliminary session of the general chapter on the preceding day. RE-VIEW FOR RELIGIOUS, 21 (1962), 63-64; 17 (1958), 229-30. Definitive system of delegates must be approved by the general chapter. A mother general obtained permission to use one of the group systems of electing delegates .for an approaching general chapter, but the manner of elect-ing delegates in the future had to be discussed and voted for in the chapter and again proposed to the Sacred Con-gregation for approval. In another congregation, a gen-eral chapter voted to change the method of electing its delegates but left the determination of the method to the decision of the mother general and her council, who decided on the system and requested the approval of the Holy See. The Sacred Congregation replied that the sys-tem must be first discussed in the general chapter and put to the vote of the chapter. An analysis of the house system of electing delegates. In its petition for a change to a group system, one congregation gave an interesting analy-sis of the house system that it was then using, that is, a 4- 4- Practice o~ the Holy See VOLUME 21, 1962 4. .L F. Gallen, S.]. REVIEW EOR RELIGIOUS 416 larger house was one of twelve sisters of perpetual vows, and the smaller houses were combined into groups of at least twelve and not more than twenty-four sisters of per-petual vows. According to the analysis, four-fifths of the houses had fewer than twelve sisters of perpetual vows. Houses Sisters 15 of 12 or more sisters 324 29 of 6 to 12 sisters 251 31 of less than 6 sisters 108 75 683 There were 60 houses with less than 12 sisters; 26 houses had no representation in the chapter; but 3 houses with 4 sisters and 1 house with 6 sisters each had two represent-atives. This analysis i~ interesting, but it is of a house system whose basic norm is a house of twelve sisters of perpetual vows. The more common practice in the house system is to require only temporary vows, that is, to give the religious of temporary vows active voice. This would increase the number of larger houses, that is, of houses of twelve or more sisters professed of at least temporary vows; but it would be profitable to know to what degree the number of larger houses would be increased in this case. It is also to be recalled that the function of a general chapter is to treat of the more important affairs that con-cern the entire institute, not those of a particular house. Representation from all houses is not essential to such a purpose. GroUp systems are now receiving greater atten-tion, but some houses will always lack representation in any form of the group system. REVIEW FOR RELIGIOUS, 18 (1959), 215--17, 307--308; 10 (1951), 189; 5 (1946), 264-65. Systems of electing delegates apprdved by the Holy See. Five groups according to horizontal precedence. In the following system, thirty-five delegates are elected from the houses. The advantage of this particular form is that there are only five groups, not ten or twelve as are usually found in this system. The smaller number of groups gives each sister a larger number to choose from in her group. The pertinent article is: ". The names comprising these lists shall be divided into five groups, arranged by seniority according to profession, the local superiors first, then non-superiors. These shall be formed by the general c6uncil and shall be arranged by distributing the names of the local superiors and then the non-superiors horizontally in parallel columns. Each sister shall vote for seven of the sisters, that is, three superiors, four non-superiors, in her own particular group, in such a way that thirty-five dele-gates, fifteen local superiors and twenty non-superiors, will be elected." The following system is similar but al-lows for an increase to ten groups: "The mother general, with the deliberative vote of her council, shall divide the congregation into five equal groups of perpetually pro-fessed sisters. The sisters shall be listed across the five columns in order of precedence. From this grouping, one superior in each column shall be chosen as a delegate. The non-superiors are then listed in rank across the col-umns. From these, two delegates from each column shall be chosen. Thus the total number of elected delegates shall be fifteen . The number of districts or columns may be increased to ten, in proportion to the number of religious in the congregation." REvmw VOR RELm~O.US, 18 (1959), 216~17; 20 (1961), 143; 21 (1962), 64. Graduated vote and exclusion of preferred position of local superiors. In the following system, no local superiors were ex officio members of the general chapter nor did any fractional part of the elected delegates have to be local superiors. ".All sisters perpetually professed ten years or more shall have passive voice. Delegates are elected by secret graduated vote. Each sister having active voice shall indi-cate, in order of her preference, the sisters having passive voice for whom she wishes to vote. Each ballot shall con-tain the space for twenty-five names. The name listed first will receive twenty-five points. The name listed second, twenty-four points, and so forth. Each sister having active voice shall vote for not more than twenty-five nor fewer than fifteen sisters having passive voice. Repetition of a name on this ballot renders the second listing invalid. Ballots containing more than twenty-five names or fewer than fifteen names are invalid." REVIEW ~'oR RELIGIOUS, 20 (1961), 379-80; 18 (1959), 217. Second balloting in votes mailed in to the higher superior. This large congregation is divided into regions. Five delegates are elected from each region. As in the preceding system, local superiors are given no preferred position¯ ". each of the sisters will indicate on a specially prepared ballot, provided by the regional superior, her choice of five of the eligible sisters. ¯. The mother general, in a meeting of the general coun-cil, shall open and examine the ballots . She shall then make known the results to the sisters in each of the houses ofeach region. (c) Any sister who has received a majority of the votes of the sisters of the region is declared elected. If among the other sisters voted for, none has received an absolute majority, the sisters of the interested region will vote once again, as be[ore~ [or as many delegates as did not receive such a majority in the first ballot. Upon receipt of the second ballots, the same procedure as in (c) shall be followed but a simple plurality suffices for elec-tion . The five sisters receiving the highest number of votes after those elected on the second ballot shall be re-garded as the substitute delegates for their region." Ter-ritorial groups in a large congregation. "The delegates + + + Practice o] the Holy See VOLUME 21, 1962 417 4, ~. F. Gallen, S.]. REVIEW FOR RELIGIOUS to the general chapter shall be elected by the sisters pro-fessed of perpetual vows, as indicated hereafter, divided into groups of not less than 75 and not more than 90 electors. The grouping of houses for the formation of elec-toral groups to choose delegates to the chapter shall be determined by the superior general, or as the case may ¯ be, the sister assistant, with the deliberative vote of her council. Each group shall choose by secret ballot two dele-gates, one a superior and one a non-superior. It shall moreover choose in like manner one superior and one non-superior as substitutes . On the appointed day the sisters of each group shall meet in a room of the desig-nated house. The senior superior shall preside . " Public voting in the chapter of alyairs. The Holy See continues to approve an article of the following type in the constitutions of congregations of sisters. "All these matters are decided by an absolute majority. If the votes are equal, the mother general has the right of deciding the matter after the third balloting. The voting is public. Any capitular, however, has the right of requesting a secret vote on a particular matter. Such a request shall be put to the public vote of the chapter. If a majority favor the request, the voting on the particular matter shall be secret." R~vIEw VOR RELIGIOUS, 17 (1958), 368-69; 21 (1962), 55-57. General councilor residing outside the motherhouse. The usual practice of the Holy See in approving consti-tutions permits two of the general councilors, with the exception of the assistant superior general, to live outside the motherhouse in a case of necessity, provided they can easily attend the meetings of the council and that they are always summoned to its sessions. The constitutions of one congregation command all general councilors, without exception, to live in the motherhouse. The Holy See gave a dispensation for three years from this law to permit a newly elected councilor to reside outside the motherhouse and thus remain as superior and principal of a high school in another city, provided that it was not a question of the assistant superior general, that the coun-cilor in question could easily attend all sessions of the council, and would be summoned to all of them. R~vi~w voR RELIGIOUS, 19 (1960), 130. ~General councilor also local superior. The general norm of the Holy See in ap-proving constitutions is that a general councilor should not have any other assignment that would prevent the proper fulfillment of the duties of a councilor. The con-stitutions of one congregation specifically forbid a general councilor to be also local superior. A local superior, in her fifth year of office, was elected a general councilor. The Holy See was petitioned and granted the dispensa-tion for her to complete the six years as local superior. The reason, given was that her supervision was necessary until the erection of a building then in process was com-pleted. REVIEW l~oR RELIGIOUS, 19 (1960), 130-31. Re-gional superiors are given delegated authorit)). It appears to be the present practice to give regional superiors only delegated, not ordinary, auth6rity. REVIEW Fo~'REILIGIOUS, 90 (1961), 63; 18 (1959),.946--47. Immediate third te~rn of local superior (c. 505). In granting a dispensation to per-mit an immediate third three-year term in th~ same house to a local superior, the Holy See added the condition, "provided there had been no reasonable complaints against her." REVIEW FOR RELIGIOUS, 10 (1951), 197-98; 19 (1960), 301. First washing of purificators, palls, and corporals (c. 1306, § 2). At the request of the Minister General of the Order of Friars Minor, the Sacred Con-gregation of Rites renewed for five years on May 30, 1961 the faculty by which one brother or' sister sacristan in all houses of congregations of the Third Order of St. Francis may be designated to do the first washing of the purifica-tors, palls~ and corporals used inthe sacrifice of the Mass. Cf. Capobianco, Privilegia et Facultates Ordinis Fratrum Minorum, ed. 4, Romae: Antonianum, 1961, n. 353; RE-VIEW I~OR RELIGIOUS, 15 (1956), 101; 6 (1947), 374--75. Changes in constitutions. In two cases, changes requested in constitutions were approved on trial until the next general chapter. REVIEW FOR RXLIGIOUS, 19 (1960), 352- 63; 3 (1944), 68-69. 4- 4- 4- Practice ot the Holy See VOLUME 21~ 1962 419 RICHARD P. VAUGHAN, s.J. Obedience and Psychological Maturity ÷ ÷ ÷ Richard Vaughan, s.J. teaches at the University of San Francisco, San Fran-cisco 17, California. REVIEW FOR RELIGIOUS Obedience is a virtue through which an individual promptly and agreeably follows the commandments of his superior.1 It involves the sacrificing of one's own will so as to follow the will of the superior who stands in the place of God. Since it is the will of another that must be followed, obedience may mean that a religious must put aside what he actually thinks better so as to do the wish of his superior. Since obedience is a virtue, it calls for an habitual way of responding. A religious does not become ol~edient simply because he has a desire to be obedient. He must learn to be obedient. He must learn to see God acting through the commands of his superior. It is only after a considerable effort and practice that he becomes an obedient religious. Training in Obedience The initial phases of training in obedience usually take place in the novitiate where the young religious is taught to obey the least command, of his superior. During this phase of his life, he follows a strict routine aiad he is taught that he must seek permission to deviate from this routine in the smallest way. If he fails to do so, he is told that he is failing in obedience. In some orders or congregations, it not infrequently happens that the practice of obedience relieves the young religious of the personal responsibilities which he pre-viously faced before entering the religious life. He or she learns that the obedient religious is one who follows the command of the superior in his or her every action. This practice can eliminate all need of making decisions of any importance. Were the same seminarian or sister still living outside the religious life, he or she might well be facing the responsibilities of financing a college edu-cation or even of caring for a growing family. In the re- St. Thomas Aquinas, Summa Theologiae, 2-2, q.104, a.2. ligious life such responsibilities are removed. The re-ligious finds that all his needs are cared for. All that is asked of him is that he be prompt and generous in follow-ing commands. In many ways he is treated as a child and may find a certain contentment in such treatment. The question, therefore, present~ itself: "Is ~he praqtice of obedience at odds with full personality growth? Can a religious practice obedience and still become a mature individual?" Meaning of Obedience To answer this question one needs to consider what is the nature of true obedience and then reflect upon some of the developmental aspects of obedience. True obedi-ence calls for a human act; It is an act that springs from the will.2 It involves the exercise of freedom and judge-ment. It is not a mechanically performed act that flows from passive conformity or childish submission to au-thority. In other words, the supernatural obedience of a religious should differ radically from the mechanical habit of obedience practiced by a child towards his par-ents. The obedience of the religious is an act that calls for an active choice which is based upon faith and char-ity. It is an act which requires the individual to overcome his own will. In all its perfection, it is an act which re-qUires that the religious accept the judgement of tile su-perior as his own. True obedience, therefore, should de-mand the making of mature decisions. There are many possible reasons why a religious may obey his superior. Some of these reasons may spring from childhood or adolescent sources. Frequently the religious may be unconscious as to the precise reason .why he obeys. It is this unconscious aspect of obeying that often presents obstacles when a subject is given an order of obedience. The religious who has developed true obedience knows why he obeys and his reason is deeply rooted in faith. He accepts the demands of obedience because he loves God. He gives up his own wishes and desires, so as to lead a life more fully dedicated to God. In other words, he has developed for himself a supernatural way of life built on faith which he has made his own. He does not obey be-cause he is afraid of the consequence of disobedience. He does not obey because he cannot stand to live with the feelings of shame and guilt that follow his acts of dis-obedience. He does not obey because he desires the ap-proval and admiration of his superior. Rather he obeys because he is convinced that obedience is one of the vir-tues that he must practice if he is to follow the way of life that he has freely chosen for himself. To arrive at Ibid., a.3. ÷ ÷ ÷ Obedience and Maturity VOLUME 21, 1962 R. P. Vaughan, S.]. REVIEW FOR RELIGIOUS such a conviction calls for mature deliberation followed by a mature decision. Natural Foundation The young man or woman who enters the religious life has not come into this life completely devoid of the habit of obedience. Usually. he or she enters with the nat-ural foundation for future supernatural obedience al-ready well established. Natural obedience is a necessary part of human living. It is theproduct of Christian family life. Were there no such thing as obedience, chaos would reign in most homes and this chaos would continue on in every other form of social life. As long as men live to-gether in social groups a certain amount of obedience will always be demanded of them.s For the privilege of group living, the indi,~idual must sacrifice some of his freedom; but by the sacrifice of this freedom he gains new freedom. He is not less a man because he obeys but rather more of a man because by so doing he is living according to his God-given social nature. Since obedience is a necessary part of human living, it stands to reason that one must somehow develop the habit of obeying. It is not an inborn characteristic nor is it something that suddenly springs into being. Rather like many of the other developmental processes that mark the life of man, the practice of obedience too follows defi-nite stages of development until it reaches a state of full maturity. For example, the child develops the ability to sit before he develops the ability to walk;, and he develops the ability to walk before he develops the ability to roller skate. The infant has no experience with obedience. His first acquaintance with the demands of obedience usually are connected with fear and punishment. He either com-plies with the wishes of his mother or he is punished. He either submits to her demands or runs the risk of losing her love. As he grows older, he comes to imitate more and more the ways of his parents. He incorporates into his own personality many of their ideals, attitudes, opinions, and values. He now obeys because he wants to be like them. At this time there also comes into being the emotions of shame and guilt which are quickly attached to certain forms of behavior. These emotions play a major role in the obedience of a child. He obeys because a boy is sup-posed to obey his parents. When he fails to obey, he is plagued with feelings of guilt and shame. The uncom-fortableness of these feelings causes him to think twice before he gives way once again to disobedience. Thus through childhood and early adolescence the motivating force behind obedience can be reduced to the reactions of fear, shame, guilt, and admiration. St. Thomas Aquinas, Summa Contra Gentiles, 3, c. 117. Adolescent Rebellion With the advent of full adolescence, the average boy or girl begins to re-evaluate many of the idea/s, attitudes, and values that he or she has taken from his or her par-ents. Frequently the adolesce.nt,re, bels agai, nst, these,atti-tudes and values, not ~ecessarily becati~e he f~ils to see their intrinsic worth but simply because he realizes that they are not his own but his parents'. He realizes all too well that he must develop his own standards and values. He must form his own opinions. His attitudes must be his own and not those of his parents. Rebellion is a neces-sary part of growing up. It definitely influences the de-velopment of obedience but most outgrow .rebelliousness and progress to a mature practice of obedience. Then an individual obeys the laws of God and the State and the demands of thole placed over him because he sees that obedience in some form is a necessary part of the philos-ophy of life which he has worked out for himself. Defective Foundation The virtue, of supernatural obedience as .practiced in the religious life is built upon the foundation of.natural obedience that was established in childhood and adoles-cence. Where that foundation is weak or warped, the practice of religious obedience will be faulty. The re-ligious who has never advanced 'beyond the childish level of obeying because of fear will often find that this is the motivating force behind his obedience in the religious life. Likewise the religious whose chief reason for obeying has never gone beyond the level of guilt and shame over vio-lating a divine or human command will find himself obeying his superior for this same reason. Finally, the re-ligious' who has never fully passed through the stage of adolescent rebellion frequently finds himself at odds with his superior simply because of this rebellious spirit. Un-fortunately, there is a bit of the child left in all of us, which in regard to obedience means that to some extent motives peculiar to childhood and adolescence linger on. The extent of their influence often depends upon our ability to detect and counteract such motivation by the development of full maturity in our obedience. When a young man or woman enters the religious life, he or she has already achieved a certain level in the de-velopment of natural obedience. Success in the develop-ment of supernatural virtue will depend upon the nature of the natural obedience. If the natural foundation for supernatural obedience is faulty, then this handicap must be remedied before the novice can be expected to practice true supernatural obedience. Effective training in obedi-ence, therefore, may require such counseling and direction as would be necessary to allow the young religious to see Obedience and Maturity VOLUME 21, 1962 + + ÷ R. P. Yaughan, S.]. REVIEW FOR RELIGIOUS 424 why he obeys or why he fails to obey or why obedience presents such a problem to him. It is hoped that such counseling would result in insight into failures at specific levels of development followed by a change in attitude and motivation. For example, the seminarian who meets every command with a feeling of inner rebellion might be led to see that he is simply reacting to his superior in a way quite similar to the manner that he reacted to his father or mother when as an adolescent he was given a command: Once the natural foundation has been repaired, then the religious is in a position to develop supernatural obedi-ence. Supernatural Obedience Ultimately, however, whether the natural foundation for obedience must be repaired or whether that founda-tion is solid, training for supernatural obedience demands the building of a deep spiritual and ascetical life that is highly personalized. An essential part of this highly per-sonalized spiritual life would be an inner conviction that the most perfect way to love God is through the sacrifice demanded by obedience. If this personal conviction is at-tained, then acts of obedience will pose no problem but will be undertaken as a necessary part of the more perfect way of life which the religious has freely chosen to fol-low. Thus there would seem to be no value in practicing the young religious in useless acts of obedience, since obedience flows from a conviction and not from frequently repeated acts. 0bedience.is simply the natural outcome of a deeply spiritual life founded on faith and charity. The religious who understands the meaning and purpose of obedience and at the same time has a firm desire to live his life totally for God cannot help but practice the virtue of supernatural obedience when faced with a command from his superior. His total dedication to God leaves him no other choice but to follow God's will as manifest through the voice of his superior rather than his own will. To make a true act of obedience, therefore, demands a certain level of maturity. It demands that one has put aside at least to a significant degree any childish or adoles-cent qualities and' that he has assumed the responsibility of making a total dedication of himself to God. Generally speaking, only the mature person is capable of such a dedi-cation. True supernatural obedience is, therefore, a virtue possessed only by mature religious. Immaturity in Religious The mode of training given some young religious, how-ever, would actually seem to militate against the achieving o~ supernatural obedience. Under the guise of obedience; some groups of religious demand of their novices and newly professed religious a type of submission that simu-lates the obedience expected of a.child. It should not be surprising then to see in these religious a regression to childish forms of behavior. All one has to do is witness the immature actions of some novices and young religious to become aware that a return to earlier levels of behavior must be taking place. Often their way of acting is totally inappropriate to their age level. If it were seen in a college student or even more so in a young married man or woman, it would meet with amazement and embarrassment. Such behavior is often passed over with the justification that the seminarian or sister is just a novice or junior professed (as if these stages of the religious life entitle a person to regress to childish modes of acting). Noticeably absent in many novitiates and houses of stud-ies are opportunities to make important decisions for one's self. All that is required is fidelity to a routine way of life or to a course of studies, such as would be expected of the average ten year old. Frequently this absence of oppor-tunities to make decisions continues on long after the re-ligious has left the formative period. If the young religious is a teacher, the superior makes all decisions in regard to every phase of school activity. All initiative must come from the superior, and not from the subject. Thus One should not. be surprised that many religious do manifest certain signs of immaturity. They have been "treated as children and respond accordingly. Responsibility and Initiative The practice of obedience does not demand that the religious abandon all responsibilities, refrain from making decisions, and take up a childish existence. Within the framework of obedience, there is ample room for personal responsibility, initiative, and creativity. Whether these factors do exist in a group practicing the vow of obedience will depend upon the concept of obedience held by both the superior and the subject. If the superior envisions obedience as a process whereby his subjects become mere mechanical extensions of his own ego, then the practice of obedience will probably stifle psychological growth as expressed through initiative and creativity. In this situa-tion all initiative must come from the superior. No deci-sion is made by the subject without the explicit approba-tion of the superior. However, it would seem safe to say that such a limited view of obedience is far from the true view. A religious can practice the virtue of obedience without being under the explicit aegis of obedience in his every act. Thus he may be assigned a project and given full responsibility for making all decisions in regard to this project and still be operating under the vow of obedi- 4- 4. + Obedience and Maturity VOLUME 21, 1962 425 ÷ ÷ ÷ R. P. Vaughan, S.]. REVIEW FOR RELIGIOUS 426 ence. It might be said that young religious should be given such responsibilities if for no other reason than to hasten the process of psychological maturity. For example, a novice should be given the full responsibility of teaching catechism to a group of public school children. He should be impressed with the idea that it is his responsibility to plan what is to be taught and how it is to be taught--pre-supposing some kind of general syllabus. He should be made aware of the fact that the success or failure .of the undertaking rests upon his shoulders and not upon those of the master of novices. Furthermore, the initial concep-tion and impetus for a project need not necessarily come from a superior if it is to be a work of obedience. It is the superior's approval that places the work under the banner of obedience. Thus if the novice who is teaching catechism develops some new ideas in regard to audio-visual aids, these ideas should not be stifled but encour-aged. The wise superior is one who realizes his own limita-tions and at the same time the potentialities ol~ his subjects and, as a result, looks for that initiative and creativity in his subjects which he may find wanting in himself. Personality, Weakness, and Obedience On the other side of the coin is the subject's attitude to-wards obedience. Due to a certain weakness of personality, some religious make use of a false notion of obedience as a means of solving their inner problems. Pseudo-obedience relieves the religious of overwhelming responsibilities and allows others to make decisions which he himself may be actually unable to make. It allows him to lead a protected, passive existence, free from the demands of adulthood. It requires no initiative on his part. It asks only that he do what he is told. Such conformity can hardly be honored by the name df obedience. Actually there, is no sacrifice of one's own will to follow the will of the superior. There is simply a following of the will of the superior because the subject is too weak to do otherwise or because childish sub-mission offers him a protection against a threatening world. On the other hand, the subject who understands the meaning of true obedience sees that he can take the initiative in many situations and that he can make use of his God-given creative powers as long as he does so under the approbation of his superior. He is also one who is will-ing to sacrifice these powers when the approbation of a su-perior is not forthcoming. Thus whether initiative and creativity will be limited in a life that professes the vow of obedience will depend upon the meaning that both the superior and the subject give to obedience. In conclusion, it can be said that the practice of obedi-ence and maturity are far from incompatible. If the obedi-ence is not mere submission but rather the true virtue of supernatural obedience, then it should further psychologi-cal maturity since only the mature religious is capable of a total dedication to God demanded by the virtue of obe~li-ence. Moreover, it can be said that true obedience offers the subject ample opportunity to assume such responsibil-ities as foster maturity. 4. ,4. 4- Obedience and Maturity VOLUME 21, 1962 427 ANDRE AUW, C.P. Contentment: Child of Poverty ÷ ÷ ÷ Andre Auw, C.P. is stationed at the Passionist Semi-nary, 1924 Newburg Road, Louisville 5, Kentucky. REVIEWFOR RELIGIOUS 428 Nothing is more characteristic of our modern jet age than the desire for change. Every day we Ere faced with constantly changing challenges to buy and try new magic-ingredient tooth pastes and detergents, to exchange old-model cars and freezers for better, newer ones. Dom Hu-bert Van Zeller, O.S.B., has summed up this spirit very neatly: "A man today will think little of changing his job, his house, his son's school, his religion, his political alle-giance, his car and his wife--perhaps all in the one year.''x This restless spirit is a sign and symbol of man's discon-tent. Men are discontented today, and they are discon-tented because they have a feverish thirst for things. They want things they would be better off without; they want things they cannot even use; they want things they simply cannot have. Men want things for many reasons: often be-cause having things is a symbol of security or a mark of distinction. But whatever the reason, men keep reaching out for new things to possess as if their very survival de-pended upon it. The sad fact is that the acquisition of all these things only adds to man's discontent. It is like a man who seeks relief from pain by taking morphine; the ensuing pain of addiction is worse than that of the original malady. Mother Janet stuart has supplied us with a better pre-scription for the illness of discontent. Faced with these same symptoms she once said: "We must either possess more or desire less." Implicit in Mother Stuart's statement is a rejection of the "possess-more" theory. Experience soon proves to us that the mere addition of things no more solves the problem of the discontented man than does the addition of drinks solve the problem of the alcoholic. The remedy is reduced to one choice: we must desire less if we 1 Dom Hubert Van Zeller, O.S.B., Approach to Calvary (New York: Sheed and Ward, 1961), p. 92. would find contentment. And the way to desire less is to develop the spirit of poverty. Often the very mention of the word poverty causes the formation of a series of unattractiveimages in our minds. The word seems to have the touch of winteT about it, sug-gesting something cold and sterile. But such is not the case. Poverty is a warm, lovely, life-giving thing. St. Francis of Assisi thought of poverty as a beautiful woman: Lady Poverty. St. Ignatius told his followers that they must think of poverty as a mother. The analogy of a woman or mother is especially apt since both are considered as sources of life and beauty. Woman's role is essentially life-giving and love-giving. And so it is with poverty. Poverty prepares us to receive the fullness of the Christ-life, and it continues to nourish that life. It prepares us to receive the everlasting love of the Spirit, and it keeps that love vibrant and strong. Rightly then is contentment called the child of poverty, for it is the first-born of a spirit which is essen-tially life-giving and love-giving. It is the fruit of the Spirit of love. In addition to this, poverty is the great liberator of man. Fallen nature has ringed us round with a steel circle of egocentrism. Poverty breaks through this closed circle and opens'up our souls to the wider worId of which Christ is the center. It gives us the thrilling freedom of the children of God, enabling us to soar instead of having to trudge along, burdened by the leaden weight of useless things. Most of the ugly effects of original sin can be, in some measure, neutralized by the spirit of poverty: self-interest, self-will, and especially self-pity. This latter effect, which is an unreasonable absorption in our current handicaps or misfortunes, can be one of our chief sources of discontent. Yet how wonderfully does a genuine spirit of poverty nul-lify our tendency towards self-pity. Helen Keller furnishes us with an excellent example of such a spirit. From child-hood she has borne the burden of blindness, deafness, and the inability to speak. Few have had better reason to in-dulge in self-pity than Helen Keller, yet never has she done so. Listen to her own life-summary: "It has been a happy life. My limitations never make me sad. Perhaps there is just a touch of yearning at times. But it is vague, like a breeze among flowers. Then the wind passes, and the flowers are content." It was the spirit of poverty which en-abled Helen Keller to appreciate herself as God had fashioned her. Poverty led her to contentment. As we read through the Gospels we cannot fail to notice the insistence of Our Lord upon the necessity for poyerty. Christ promised the "kingdom" to the poor: "Blessed are the poor in spirit, for theirs is the kingdom Of heaven" (Mt 5:3). By "poor in spirit" Christ meant the "little ones," the anawim of the Old Testament. These are the helpless, ÷ ÷ ÷ Contentment VOLUME 21, 1962 429 ÷ Andre Auw, C.P. REVIEW FOR RELIGIOUS 430 childlike souls who accept all things from God's hands, who depend upon Him as a child depends upon a father, who willingly suffer persecution because they know that no matter what happens to them, their heavenly Father will care for them. The spirit of poverty produces in us this same childlike attitude towards ourselves and things and God. One of the ways in which it does this is by painting for us a picture of gratitude. We suddenly see how much we really have, and, as a result, the needs and desires of the moment as-sume a less important value in our eyes. The following story is told of Brother Andrd, C.S.C., the famed apostle of St. Joseph at the shrine in Montreal. One day a man came to him complaining of his numerous misfortunes, and the saintly .brother said to him: "Tell me, would you take a hundred thousand dollars for one of your eyes?" The man answered, "Why, of course notl . Or for.one of your feet or hands or arms? . No!" replied the man. "Well then,'.' said Brother Andre, "count them up: With your eyes and hands and feet and arms and legs, you're worth over a million dollars!" In his simple, homely way, Brother Andr~ conveyed a telling truth: we all are far richer than we realize. Such counting of blessings, this development of a deep sense of gratitude is one of the chief ways in which poverty prepares us for the gift of contentment. It is far easier, once we see how much we have, to control our desires for the things we have not. Slowly thi~ initial realization ex-tends to the conviction that w~ really need very little. And it is then that we will have been made rich by our spirit of poverty. The great reformer of La Trappe, De Ranch, saw the beauty of this paradox and thus wrote: "It is not the man who has much who is rich, but the man who wants nothing." Another way in which the spirit of poverty produces in us a childlike attitude towards things is by filling us with a genuine sense of compunction. Much of our greedy grasping for things derives from an inherited tendency to be what we are not. Like our first parents, we see an. at-tractive object and then begin to act as if we have a right to it. We, also, listen, to the serpent and try to "be like gods," asserting our self-interest and our self-will in oppo-sition to the divine interest and will. Compunction strikes at the roots of this tendency. An analogy is seen in the case of a man who in a moment of weakness has been unfaithful to his marital promises. Al-though the man may be forgiven by his wife and reunited to her love, still he always carries in his heart a remem-brance of his sin. This remembrance is a good thing, for it serves to prevent the man from reaching out again to-wards illicit loves. Now in a similar way, compunction helps us to control our desires by recalling our past infidelity to God's love. Compunction shows us two things clearly: the self-deceit of egocentric desires, on the one hand, and the miracle of God's forgiving love, on the other. Between these two poles of awareness we can live content, no longer ~rusting in selfish d~sires but rather relying totally upon God's will in our regard. Compuction, then, helps us to forget the things we should not remember, and to remember the things we must never forget. We are enabled to forget our unreason-able preoccupation with self. At the same time we can never forget that .we are sinners deserving nothing, lovers who have been unfaithful, and yet, despite all this, we are chosen souls who have been called to become saints, des-tined to share God's love for all eternity. Gratitude and compunction thus constitute two princi-pal ways in which the spirit of poverty will prepare our souls for the gift of contentment. Gratitude says to us: "You have so much." Compunction adds: "You have so much which you do not deserve." Both help.us to see our-selves and things and God with the clear vision of children: humbly, trustingly dependent upon God for all things. The true purpose of the spirit of poverty is the attain-ment of freedom from the captivity of self in order to be united to God. Poverty has the power to swing us from the orbit of egocentrism into the orbit of Christocentrism if we permit it to neutralize, one by one, our self-centered desires and attachments. An important consideration to recall at this point is the fact that our desires and attachments always wear most at-tractive apparel. Yet it is also true that, like Dante's hypo-crites, the beautiful cloaks are inreality leaden weights and the splendor of their appearance in no way lessens the ugliness of that which they try to hide. Desires can come to us under the cover of charity for our neighbor or zeal for souls. And all the while 'such desires may be purely self-centered. One such desire frequently comes to religious who have lived in their community for upwards of five years. The novelty has vanished, and in its place come new yearnings. Suddenly the religious feels that a different religious so-ciety might be the solution. A teaching sister feels that her talents belong in a missionary group; a Jesuit is attracted to the life of the Trappists. Yet almost always the counsel of a prudent spiritual director is: "Stay where you are." Since the desire appears under the guise of greater good for the Mystical Body of Christ, the ensuing trial can be very difficult for the particular religious. It is at such.a time that one discovers the meaning of a spirit of poverty. Thomas Merton went through this or- Contentment VOLUME 21, 1962 + ÷ ÷ Andre Auw, C.P. REVIEW FOR RELIGIOUS 432 deal. He longed to share the solitude of the Carthusians. He thought that such a lifd would better serve the inter-ests of Christ and the Church. He was wrong. Heeding the wise counsel of his spiritual fathers, he remained with the Trappists to become a source of countless other contem-plative vocatons. It is, then, a man with personal expe-rience who later wote these lines: "Do not flee to solitude from the community. Find God in the community and he will lead you to solitude." Thomas Merton met the test of poverty; he relinquished his egocentric desire in a true spirit of poverty. Thus, for him, poverty led to content-ment. The lives of the saints are filled with similar trials. Be-fore they received the gift of contentment, they had to sac-rifice some dear desire or attachment.-For some it was a thing, for others a place, for still others a friendship. But like a cautery, the spirit of poverty had to burn away the cancerous growth of egocentrism. In the book, St. Madeleine Sophie Barat, Mother Ma-guire, R.S.C.J., describes an incident in the lives of Sophie Barat and Philippine Duchesne. Their early years to-gether were marked by a wonderful understanding and intimacy; yet this had to be sacrificed. The author says in reflecting their attitude: "[It was] a brief honeymoon of religious life to which they looked back nostalgically all' their .lives without ever doubting it was better to give it up." Both saints met the test of poverty; and thus, for them,, poverty led to contentment. Not that poverty does its work without pain. We all re-call that Francis of Assisi was the great exemplar of pov-erty, but what we may forget is the price he had to pay to win the hand of Lady Poverty. Francis Bernardone was a. man with warm Italian blood in his veins and had a poet's appreciation for beautiful things in his heart. He liked good food and the taste of fine wine. He enjoyed the ad-miration of his stalwart friends and the adulation of his fair admirers. But one day Infinite Love and Perfect Beauty spoke to Francis in his poet's heart and said: "Sell all, and come follow Me." It took years of struggle with himself, but Francis won the battle. One by one he cast aside his attachments as he had earlier cast aside his cloth-ing at the feet of his bishop and thus, "naked followed the naked Christ." Then it was that he was able to become the Poverello, singing to the birds and blue skies his constant refrain: "My God and my alll" For Francis, poverty led to contentment. And in southern France a young girl who became a woman without ever losing her childlike spirit of poverty was asked one day about a strange paradox in her life. Bernadette Soubirous had seen and talked with the Mother of God. She had been honored as had few mortalg. before her. And yet all the honors disappeared when she entered the convent. There she worked about the kitchen, accepting humiliation as a part of her daily fare. A fellow religious thought it odd that our Lady should give her such recognition and then ignore her, and she asked Ber-nadette why this should be so. Bernadette replied by way of a question, "What do you do when you have finished using a broom? . Why, I put it in the corner," answered the sister. And Bernadette said, "Well, that's just what our Lady has done with me. And. I'm happy in my corner." For Bernadette Soubirous it was equally true: poverty led to contentment. So it is that the spirit of poverty leads us from self to Christ. By its power we are enabled to pull away from the overly strong attraction of self-centered desires and are permitted to be drawn into the dynamic, life-giving love of Christ. As we empty our souls of self, Christ fills them. As we lose a worldly love, we gain a divine one. The spirit of poverty gives us the ability° to accept our-selves as we are, for by means of gratitude wesee how much we really have; and .by means of compunction we see how little we really deserve. Poverty helps us to forget the un-important facts of our lives and to remember the things that matter. Poverty lets us feel. the gentle hand of our Father, soothing the ache of our troubled minds, quieting the cry of our restless hearts, and calming the urgency of our impelling desires. It give~ us childlike trust for the needs of tomorrow and childlike joy for the deeds of to-day. Of all the saints, none has better expressed the life-giving effects of the spirit of.poverty than St. Paul. He .has given us a magnificent example of a man made rich through poverty, of a man living the fullness of the Christ-life. By his own testimony, St. Paul underwent a long cata-logue of apostolic .sufferings: hunger, nakedness, want, imprisonment, scourgings, persecution, lies, misunder-standings, disappointments. And yet with all these suffer-ings Paul was able to say: "Not that I have anything to complain of, for I have learned the secret, in any and all conditions, of being well-fed, and of going hungry, of hav-ing plenty and of going without. I can do anything through Him who gives me strength" (Phil 4:11-14). The example is a shining one for us. The language is clear. It is the statement of a sinner who became a saint, speaking to us in the beautiful vocabulary of Christian contentment. Contentment VOLUME 21~ 1962 GEORGE E. GANSS, S.J. Prudence and Vocations ÷ Rev. George E. Ganss, S.J., .St. Mary's College, St. Marys, Kansas, is the director of the Institute of Jesuit Sources. REVIEW FOR RELIGIOUS This article will deal with the order of practice; that is, its purpose will be to suggest some practical applications of prudence to the technique of counseling young men and women about vocations. For this purpose we do not need any detailed discussion of the metaphysical intrica-cies connected with the topic of prudence. But a brief re-view of the highlights, in one paragraph, will help us to get our bearings. The Concept o[ Prudence Prudence is correct knowledge about things to be done, recta ratio agibilium. St. Thomas accepted this definition from Aristotle and sagely pointed out that prudence is the application by the practical intellect of wisdom to human affairs (Summa Theologiae, 2-2, q. 47, a. 2). This is our basic concept. It is accurate but abstract. Hence we can profitably add some other observations which give it human warmth. Etymologically, prudentia is derived by contraction from pro-videns, looking ahead, St. Augustine says (Quaest. Lib., q. 83, a. 61), "Prudence is the knowledge of things to be sought and things to be avoided." St. Isidore of Seville is a little quaint but charming and not far wrong when he writes (Etymologiae, X, PL 82, 202), "A prudent man--one who, so to speak, looks far ahead; for his sight is keen, and he foresees the probable outcome of uncertainties." Prudence directs the other moral virtues so that fortitude may not degenerate into foolhardiness, or temperance into fanaticism, or justice into unreasonable rigorism. Prudence, too, leads a man to take counsel about the best means to be used to attain some end, to judge soundly about their fit-ness, and to direct their being carried into practice (Summa Theologiae 2-2, q. 47, a. 8; q. 51, a. 1, ad Basically, prudence is a natural~ virtue which is acquired ',, by experience and exercise. But a man in the state of grace receives also the infused virtue of prudence which supernaturalizes both the habit and the act of the natural virtue and makes them fruitful toward the supernatural destiny, the beatific vision (Summa Theolog!ae 2-2, q. 47, a. 14, ad 1). ~ Applications We now proceed to apply this theory in the practical order. The "thing to be done," about which we are seeking at least some "correct knowledge," is the tech-nique of counseling young men and women who may perhaps accept God's invitation .to dedicate their lives to Him in priestly or religious life. I think that our first step had better be to oil the gears of our own sense of humor, Some wag wrote this definition: "A crazy man is one who holds an opinion different from mine." This wag fared happily until his friend the crazy man applied the definition back to the wag who wrote it. After that, nobody could tell which one really was the crazy man, or which was crazier than the other. Now, I shall suggest some techniques of vocational counseling which I hope are prudent. But if the tech-niques of others are different from mine, and if I there-fore brand their techniques as imprudent, then I am crazier than my crazy wag just described above. There are many apt procedures or means to stimulate or guide young men and women to desire to consecrate them-selves to God. Each counselor must seek the methods which work best with his personality and his set of local circumstances. In each case the personalities of the direc-tor and of the advisee are important and highly individu-alistic factors. What works well with one counselor or advi~ee sometimes will not work at all with others. So, for each of us the exercise of prudence is our.continual search for correct knowledge and its application to our task in hand. In this, observation of the techniques of others is sometimes helpful because it brings new ideas which we can apply. It has been my good fortune during the past twenty years to counsel many boys and girls who have entered all the states of life. Most of these youths were in college, but many were in high school, and some in the grades. As a result of this experience, I shall suggest some procedures which God has on His occasions blessed with success. But I state them precisely and merely as suggestions which each one can modify, accept, or reject according to his own personality and situation. 4- 4- Pl/orucadteionnc$e and VOLUME 21, 1962 ÷ ÷ ÷ G. E. Ganss, $.1. REVIEW FOR RELIGIOUS 436 The Function of the V.ocation Counselor One point in which a zealous counselor of potential priests or religious can exercise prudence consists in his being aware of.his proper function. It is not to cajole or to "pressure" youths into "trying out" a seminary or novitiate; that would be the practice of "roping in" which they generally resent. Rather, the advisor's func-tion is to cooperate with God's grace in stimulating the boy or girl in such a way that he or she conceives on his own the desire to dedicate himself to God in priestly or religious life. As means to attain this effect, he can be an example of one who is happy in his dedicated life, and he can say and do things which bring 'the young people to see for themselves both the values and the joys of con-secrated life. The counselor's function can be called one of procreating grace. He stimulates the thoughts and de-sires which God supernaturalizes and through which, as actual graces, He gives the increase. A Sample Procedure How can he do all this prudently? To remain concrete and practical, I shall suggest, or rather exemplify, one procedure which has often turned out to be effective both with individual advisees and with groups (either in re-treats or in the classroom). 1. Put the advisee or group at ease by explaining your policy and procedure, somewhat as follows. "God has given to each young man or woman the right to choose his or her own state of life, and no one else--parent, priest, sister, or friend--ought to force or "pressure" one into any state. A counselor's function is to give the young person information by which he can make his choice mole in-telligently, or to explain the selections open to him, or to point out possible errors in his thinking, or, above all, to give him a chance to think out loud without feeling that he is as yet committing himself. But the making of the decision belongs to the youth himself; and that will be my policy in dealing with you." 2. Point out that the basic consideration, the hub around which everything else turns, is a clear and opera-tive concept of the chief purpose of life. For example, the counselor can present this statement and bring it to life: "God made me to give me an. opportunity to increase my sanctifying grace here below by performing meritori-ous deeds and by receiving the sacraments, and by means of this to merit a proportionately greater capacity here-after to know God directly, to love Him, to praise Him, and to be happy by the act of praising Him. The effor~ to do this here below is the pursuit of Christian perfectionl or spiritual development." 3. Explain that, to speak practically, there are four chief states of permanent situations in life in which one can work out his Christian perfection: those of marriage; single persons in the world; priesthood; and religious life as a nun, brother, or priest. God .invites each you.ng per-son into one of thosefor Which heis ~uited, but He leaves it up to the youth to accept or rejec~ this invitation. Hence the boy or girl should think the matter out, bring it to a head, and make his own decision. After he has made his choice and brought it to its irrevocable stage, God wants him or her to develop himself according to God's directives for the state he has entered, and to for-get about what might have happened if he had chosen some other state. In practice I have found it psychologically best with groups to explain marriage first--at considerable length and as an attractive state in which husband and wife should help each other to work out their Christian p~r-fection, Most of those present will marry, and all are spontaneously interested in this vocation. A careful and' inspiring presentation of Christ's plan for His Mysti-cal Body in miniature disarms the hearers of any fear of being "roped in" to one of the consecrated states. Then they are interested and happy to listen to an explanation of the other vocations to which God invites some. 4. Present a sound norm of choosing. The problem is not which state I like best, or even which is the best, for example, marriage or a consecrated state, Rather it is, which is the best for me with my personality and char-acteristics. To put it concretely, the most prudent pro-cedure for the youth is to conjecture, as prudently as he can: "In which of these states am I, with my personality, my temperament, and my personal abilities, likely to in-crease my sanctifying grace the most?" Variant wordings of this norm can make it clearer and more attractive, for example: ,In which state am I likely to bring greater glory to God?" or "to serve God and my fellow men the best?" 5. Give a theological explanation of what a vocation is, pointing the explanation to the particular.state of life in which the advisee is showing interest, for example, the sisterhood. This can be done in words somewhat like these. "Every vocation, to any sta~e of life, entails three elements: (a) God's invitation, (b) a decision of the in-dividual to accept it or not, and (c) a decision of the Church to admit him to the state in question. "For example, in its completed stage a vocation to the sisterhood comes into existence through these steps. First, through the thoughts or impulses and desires which are actual graces, God invites the qualified girl to offer her-self to serve Him and His Church in religious life. ÷ ÷ ÷ Prudence and Vocations VOLUME 21, 1962 (;;. £. (;(=nss, $.]. REVIEW FOR RELIGIOUS ~t38 "Second, she enters upon her period of deliberation. Helped perhaps by some reading, and surely by prayer, and perhaps by a counselor who will be guide, philos-opher, and friend but not a pressing salesman, she thinks out the details of her physical, intellectual, moral, and temperamental suitability for the life and work of the order she is thinking of entering. She weighs the pros and cons--and generally it is wise to write them in op-posite columns of a paper. Thus she formulates them more clearly, captures them for possible future use in moments of wavering or temptation, and gets the chance to evaluate their cumulative worth. "ALmong the reasons for, she sees the nobility of dedi-cating her life to God, and the spiritual values this of-fers: opportunities for growth in sanctifying grace~ Among the reasons against are the many values she must sacrifice to get those spiritual values: money of her own, marriage, being master of her own decisions, and the like. These latter values, being largely material and tangible, are often more attractive to human nature than the spiritual values which are more abstract. But through her prayerful thought, God gives her the light to see that the spiritual values are in reality the greater ones. Hence, for a good motive (one predominantly spiritual though it may be supplemented by natural motives), she decides to apply for admission. After proper investigation of her character and qualifications, the Church, acting through the re-ligious superior whom she has delegated, accepts her for the order. She now has a religious vocation in its prelim-inary stage, the stage for testing. "She enters the postulancy and then the novitiate, where she tests the life and the life tests her. As she goes along she discovers that her n~otives for leading the life grow stronger. Also, she gives reasonable satisfaction to those in charge of her. Toward the end of the novitiate she decides to pronounce her vows for the length of time the Church permits, and the Church decides, through the superior, to permit her to pronounce them. In similar fashion she goes through the periods of temporary pro-fession and then decides, again with the permission of the Church expressed through the superior, to consecrate her-self to Christ the King forever by perpetual vows. Now her vocation has reached its complete stage. This can be described as a set of circumstances in which she has a well founded hope that she will receive from God the helps she needs to live happily and well as a religious." 6. Gently tell the advisee to think this matter out pray-erfully and come to her decision. Give her a pamphlet or something else to read--preferably something not too long. The present writer has written his own pamphlet for this purpose which embodies the approach described above: On Thinking Out Vocations--to the Four Stages o[ Life (Queen's Work, St. Louis 18, Mo.). Reading this enables the advisee to review and even expand all that she has been told. Also, welcome her to come back for as many informal discussions as she wants. In what way is the procedure .outlined above an appli-cation of our principle of prudence? I think that it is such an application for two main reasons. First, it helps the advisee to set up his problem, and it shows him by ex-ample how to think it through. Second, right from the start it throws the burden of decision upon the individual. That is, it points up to the advisee the fact that sooner or later he or she must bring the matter to a head, think it out, and make a firm decision in the light of the clearly seen motives for and against. If she or he enters a con-secrated state, he will persevere only by the activi.ty of his own will aided by God's grace; and it is well that his first entrance also comes about through a similar act of his own will aided by God's grace. This advisee has not received any urging, but only the encouragement and self-confidence which are inherent in his discovering for him-self clear knowledge of the motives which bring him to enter religious life and to persevere. Raising Motives of Prospective Vocations We come now to a new application of prudence: some suggested means of gradually raising the motives of young men and women who begin to show an interest in the priesthood or religious life. The process which God seems to use most frequently in granting vocations---either vocations to the faith or vo-cations to priestly or religious life--is that of a gradual progression from natural to supernatural motives. This is why many priests have noticed that the majority of their conversions have sprung from courtships. In so many cases the motives which first evoke a non-Catholic's in-terest in the Church are natural ones: intimate friendship with a Catholic and the thought of marrying him or her. If the priest whom the non-Catholic approaches Simply tells his timid inquirer that his motive is unworthy, the inquirer departs and never returns. But if the priest is friendly and sympathetic and by his instructions gradu-ally raises the inquirer's motives, in many instances the latter eventually requests baptism for motives truly supernatural; and he would enter the Church with or without that marriage. God employs a similar technique in bestowing many, if not most, vocations to the priesthood or the religious life. The motives which first lead John or Mary to think of begoming a priest or nun are often on a purely natural plane. He has, perhaps, a religious teacher whom he ad- Prudence and Vocations VOLUME 21, 1962 439 ÷ ÷ ÷ G. E. Ganss, REVIEW FOR RELIGIOUS 440 mires. That teacher's classes are well prepared, and he is always cheerful, approachable, willing to listen and then to help. His happiness and peace of soul shine through his work. John. gets the dim thought: "He (or she) is happy doing something really worthwhile, I'd like to be like him." Someday, perhaps with nervous shyness or clumsy inepititude, he stutters out an inkling of his vaguely formulated thought to a priest or nun who is in a position to direct him. If this director is inclined.to judge--"This person gives evidence of not knowing what a vocation means; his motives are insufficient, unworthy, shallow; therefore he has no true vocation"--he will also be prone to send John or Mary away quickly with a brief or even a curt remark, And John or Mary will not return. But if the direetor is alert and willing to risk his time, often he can gradually, patiently, and tactfully give John or Mary more motives; he can raise their natural ones to a supernatural level, so that eventually they will con-secrate themselves to God from motives truly worthy. In The Faculty Adviser for March, 1944 (St. Louis: The Queen's Work), Father Lawrence Chiuminatto, S.J., wrote that, in replies to a questionnaire, several hundred nuns listed, in order of frequency, the following attrac-tions which brought them to religious life: (1) The happiness, peace, contentment, friendliness, and so forth, of the sisters with whom they came into contact. (2) The good report and example of their relatives in religion. (3) An inner attraction to the life . a sense of happiness they felt in being in the companionship of sisters. (4) An increasing realiza-tion of the emptiness of worldly pleasures, which feeling sur-prisingly often followed the most enjoyable of parties and the best kind of entertainment. (5) An increasing love for Christ and the desire to work for souls. (6) A growing desire for a life of prayer and service, free from the dangers of temptations: (7) Lack of interest in the opposite sex and in establishing a family. (8) The glow of happiness experienced when present at religious processions, or even visiting a convent. (9) Lack of satisfaction and the peace of mind they sought. (10) The desire to make amends for their past life. (11) (Last and least of all) Some book or pamphlet read, sermon heard, retreat or mission made. Notice how many of these motives are natural ones; this is especially true of those observed first and conse-quently often the ones first broached to a director. They are natural, yes, but capable of being supernaturalized. Many of them, for example, 1, 2, half of 3, 4, 7, and 10, may at first seem unworthy motives. What if some director had hastily concluded to the unsuitability of those who had them and discouraged these young women who now are able and happy religious? Clearly, therefore, in many cases the director's tasK and opportunity is to raise natural motives to the superi natural and to supply additional motives as well. As-suredly he will discourage unfit subjects. But he will not be too hasty to conclude that an inquirer is unfit. Rather, he will strive to make true of himself what Isaiah said of Christ: "A bruised reed he will not break~ and a smoking wick he will not quench" (M~°12-:20). '°' ~' ' ' But how shall he proceed with prudence in order to realize his opportunity? Here again each director will have to use his own ingenuity. But here are a few sug-gestions: he can always show himself kindly, approach-able, easily accessible, and interested in the. advisee. He can make him feel welcome, and let him talk, even ram-ble. Once the advisee has worked up the courage to talk freely about vocation, he will talk himself into better motives, especially if he is drawn out a bit by questions somewhat like this: "Yes, that is a good reason [or becom-ing a priest; but isn't there another reason in your.mind, something like this, that you want to serve Christ better?" Other means of raising or adding motives will occur to you as you observe the need of each case. And as you work keep up your courage despite some disappointments. Remember, Christ did not win all his cases; neither will you. So do what you can, and with peace of soul leave the rest to God. Plant and water and pray Him to grant the increase. Allowing Full Freedom in the Choice o[ a Group When John or Mary has decided to .dedicate himself to God, the Church allows him full freedom to apply to the order or diocese in which he thinks he will bring greater glory to God. It is prudent for the counselor to do the same. He may well give information about the type of work done, or the need of personnel, or the out-look on the spiritual life of any of them, including his own. But if he exerts pressure in favor of his own or any other group, he may well stir up resentment in the young person and spoil the vocation for his own and all other groups too. The choice belongs to the boy or girl. In the long run all the groups of priests, brothers, or nuns will come out best if they follow a policy such as this, for all of us will be working to help one another. Each of us should indeed ha,~,e love and loyalty towards his own group, but above all should be our love and loyalty to-ward the welfare of the universal Church. The Screening o[ Candidates It is obvious that applicants who are clearly unfitted or unlikely to become suitable religious should be discour-aged from entering the novitiate. But prudence requires that a vocational counselor should not be too quick to decide that one is clearly unfitted. Frequently through + 4. 4. Prudence and Vocations VOLUME 21, 1962 44.1 academic counseling, or tests of his general intelligence or ability to read English, some one temporary deficiency is discovered which can be remedied. It is wise, too, for the vocational counselor to remember that he is not yet recommending one for ordination or for perpetual pro-fession. Rather, he is recommending that the advisee be given a chance to enter the course in which he will de-velop himself and eventually prove himself fit for ordina-tion or perpetual profession. Virtually every vocational counselor who has had years of experience will discover something like this as he re-flects back over cases he has handled in the past. Many of those about whose fitness and disposition he felt most sure sooner or later dropped out. And many of his border-line cases about whom he felt most insecure happily de-veloped in an unexpected way, and they are today doing excellent work as happy priests or religious. He shudders at the thought of what would have happened if he had been too rigid. We are 'dealing with at least two unpre-dictable factors, human free will and God's grace. We cannot guess all our cases. St. Thomas has told us that in many things human prudence cannot be infallible. In other.words, all we can hope for is a good batting average. Let us accept our human limitations, and with them do the best that we can for God, and confidently leave the test to Him. That is the final application of prudence which I have to suggest. Also, if others think that a dif-ferent approach is better for them than that which I have described, it does not mean that either of us is necessarily wrong. G. E. Ganss, S.]. REVIEW FOR RELIGIOUS WILLIAM C. MclNNES, s.J. Adaptation of Retreats for College Students In one of the introductory observations to the Spiritual Exercises, Saint Ignatius very wisely comments that "the Spiritual Exercises must be adapted to the condition of the one who is engaged in them, that is, to his age, educa-tion, and talent." Hardly any retreat director, amateur or professional, would professedly disregard such an in-struction. Yet many directors are perhaps not fully aware of the practical consequences of such an instruction. Some, succumbing to the favorable comments of ~hree or four delighted sisters after a retreat, will° feel that they have, therefore, successfully reached ninety to one hun-dred retreatants. Others, suspecting that experience by itself brings empathy, feel assured that they can reach sisters and brothers, religious and lay people with little extra effort since "they are all essentially the same." But neither unrepresentative comments nor even ex-perienced intuitions can be a satisfactory basis for the large-scale conducting of retreats today. Adaptation re-quires a firmer foundation than pleasantly prejudiced opinions or intuitive knowledge. It demands a valid and representative insight into the mentality of the audience. Such an insight is, in fact, almost as important as a knowl-edge of the Exercises themselves. It is just as necessary to know whether a message is being received by a particular audience as it is to know what the message is. The retreat director must, then, be armed with some understanding of the audience he is attempting to reach as well' as of the instrument he is trying to use. Without the latter the director has nothing to say; without the former he is talking only to himself. This knowledge of the audience, which is the basis of successful adaptation, is of special importance in plan-ning retreats for college students. Usually these retreats to students are given to rather large groups, they last only three days, and they offer a condensed version of the + William C. Mc- Innes, S.J., is associ-ate dean at Boston College, Chestnut Hill 67, Massachu-setts. VOLUME 21~ 1962 443 ÷ ÷ ÷ W. C. Mclnne$, REVIEW FOR RELIGIOUS Ignatian Exercises. But even more than the changed. circumstances, the changed character of the audience postulates special adaptation. The modern student moves in a world that shapes much of his life and most of his views. It trims his ideals and sets a horizon to his vision. It colors his power to speak and his power to listen. It determines his power to pray and his ability to sit still. A sympathetic insight into this world along with a re-alization of the problems in communication that are raised are fundamental to the success of college retreats. The question is not: should we adapt retreats for college students or not? It is: how can we best adapt? To many outsiders a college campus is a remote, ivy. covered island in a hectic world, and a college student's life is permeated by that pastoral calm. Someone has calle~t college "a four year bracket before the beginning of real living." But the stereotype is inaccurate. Actually the four years of college are years of restless searching, new discoveries, and increasing pressures which leave a deep imprint on student lives and hence are certain to influ-ence receptivity to any message, spiritual or otherwise. A college career today is more institutionalized and pressurized than ever before. The college student begins his college career as a College Board score in the admis-sions office; he survives as a cumulative average in the registrar's file; and his whole academic record is sum-marized and punched out by an IBM printer. During his four years of school, he will be continually pressured to produce, to get good grades "if you want to get into graduate school," to rank in the top ten per cent of your class "if you want an interview for a good job at the placement office." Meanwhile all around him he dis-. covers heightened opportunities for sense pleasure and for taking a "break" when he thinks he needs it or when the pressure gets too great. And frequently he finds that he has the inflated wallet that makes these "breaks" fi-nancially possible. The external pressures from organization and pleasure are matched by an internal confusion which also jams any channel of communication to his soul. No respectable student today would be found dead wearing the label of "organization man." Yet college campuses are cluttered with the symbols of conformity--a conformity ruled by some anonymous Seventh Avenue clothing merchant or a "name" drama critic on a New York newspaper. A grow-ing sophistication makes most college students reject violently any argument from authority. Yet many of them will adhere dogmatically to a relativism that makes all intellectual pursuit an entertaining exercise without either agonizing pain or blinding ecstasy--and, worse~ without any deep commitment. In such an environment! it should not be surprising that the vision of truth is un-consciously tarnished by life's distractions and the dedi-cated pursuit of an abstract ideal is unwittingly slowed down by the practical concerns of life and the growing feeling that "it really isn't what you know but whom you know that counts." It is to this buffeted, pleasure-loving, uncommitted young generation that the retreat movement reaches out. And successfully too. The growing number of retreat houses, the steadily rising statistics of the number of re-treatants making closed retreats annually, the growing importance of the layman's retreat movement prove the fact. Why? Because retreat directors are speaking the message of Christ in language modern students can grasp. As long as there is contact, the message can get through. During the past two years, the author has directed a series of closed weekend retreats for Catholic college men. These retreats were held at a nearby seminary where the retreatants made the standard Ignatian Exercises and were also able to take some part in the community life of the seminary. In an effort to insure a continuing contact be-tween director and retreatants by determining the reac-tions of actual participants, a written questionnaire was devised and distributed at the close of.each retreat. The questionnaire sought to determine their impressions, fa-vorable and unfavorable, what they found most helpful about the retreat and what they found most difficult, what they would suggest to be changed. A~total of 203 detailed returns, representing about eighty per cent of the total number of retreatants, was received and form the basis of this study. Some may object that a sociological instrument of this type has no place in the giving of retreats. Such a device, however, is actually far more representative than the scat-tered oral comments of a few retreatants, and it is far more objective than the intuitive impressions of the director. Will it extract any worthwhile information? It .can, if properly constructed and explained so that bias and leading questions are eliminated. Compared to one hundred per cent accuracy, it is, of course, poor. But compared to a pure guess, it is certainly an improvement. And since one hundred per cent accuracy is impossible by any means and a pure guess is inadequate by any ob-jective standard, it does provide at least some exploratory information that can give important leads to an inquiring retreat director. The retreat groups which form the basis of this study ranged in size from seventeen to fifty-eight. The average number was thirty-five. Three of the groups were made up of undergraduate students majoring in business; two other groups were taking liberal arts. One group was 4. 4. 4- Retreats College Students VOLUME 21, 1962 445 + W. C. Mclnnes, S.I. REVIEW FOR RELIGIOUS 446 composed of sodalists, most of whom had made retreats before; two other groups were composed primarily of students making retreats for the first time. One group wax composed of a senior class taught by the director and so were all known to him beforehand; two other groups were from another Catholic college and had never met the director before. One group was an intercollegiate group of business majors from three colleges; another group was an alumni group~mostly married---of men. working in business. Hence this diversity of composition permits some comparisons between those with a profes-sional education and those with a general education; be-tween those with previous retreat experience and those with none; between undergraduates versus alumni, strangers versus friends of the ,director, those .familiar with retreats and those who had never made a retreat before. Some of the findings of this study are perhaps obvious. Others are revealing. Still others, while obvious in con-tent, are revealing in the extent and force with which they appear. Some of the general highlights of the study follow: 1. A voluntary closed retreat means many different things to each retreatant; but to all it is a very special event which greatly impresses the college student who makes it, especially if he is making a retreat for the first time

Issue 18.3 of the Review for Religious, 1959. ; Review for Religious MAY 15, 1959. Apostolic Indulgences of John .XXIII 129 Allocution to Contemplative Nuns 133 By Pius XII Current Spiritual Writing 143 By Thomas G. O'Callaghan, S.J. Practice of the Holy See 156 By Joseph F. Gallen, S.J. Headdresses and Driving Sur~rey of .Roman Documents Views, News, Previews Questions and Answers Book Reviews and Notices 169 170 177 179 183 VOLUME 18 NUMBER 3 Volume 18 May 15, 1959 Number 3 OUR CONTRIBUTORS FRANK C. BRENNAN is stationed at St. Mary's College, St. Marys, Kansas. THOMAS G. O'CALLAGHAN is professor oi: ascet-ical and mystical theology at Weston College, Weston 93, Massa-chusetts. JOSEPH F. GALLEN, the editor of our Question and An-swer Department, is professor of Canon Law at Woodstock College, Woodstock, Maryland. REVIEW FOR RELIGIOUS, May, 1959. Vol. 18, No. 3. Published bi-monthly by The Queen's Work, 3115 South Grand Boulevard, St. Louis 18, Missouri. Edited by the Jesuit Fathers of St. Mary's College, St. Marys, Kansas, with ec-clesiastical approval. Second class mail privilege authorized .at St. Louis, Mis-souri. Copyright, 1959, by The Queen's Work. Subscription price in U. S. A. and Canada: 3 dollars a year; 50 cents a copy. Printed in U. S. A. Editor: R. F. Smith, S.J. Associate Editors: Augustine G. Ellard, S.J.; Gerald Kelly, S.J.; Henry Willmering, S.J. Assistant Editors: John E. necker, S.J.; Robert F. Weiss, S.J. Departmental Editors: Joseph F. Gallen, S.J.; Ehrl A. Weis, S.J. Please send all renewals, new subscriptions, and business correspondence to: Review for Religious, 3115 South Grand Boulevard, St. Louis 18, Missouri. Please send all manuscripts and editorial correspondence to: Review for Religious, St. Mary's College, St. Marys, Kansas. Apostolic Indulgences ot: John XXIII [The original text of which the following pages are a translation appeared in /lcta /l/wstolicac Sedis, 51 (1959), 48-50. The enumeration in "the translation is taken from the original document.] APOSTOLIC INDULGENCES which the Supreme Pon-tiff John XXIII in an audience with the undersigned 'Cardinal Major Penitentiary on November 22, 1958, granted to the faithful who possess a pious or religious article blessed by the Pontiff or by a priest having the competent power and who fulfill certain prescribed conditions. The Indulgences i. Whoever is accustomed to recite at least once a week the Lord's chaplet [coronam Dominicam]; or one of the chaplets of the Blessed Virgin Mary; or a rosary or at least a third part of it; or the Little Office of the same Blessed Virgin Mary; or at least Vespers or a nocturn together with Lauds of the Office of the Dead; or the penitential or gr~ldual psalms; or is accustomed to perform at least once a week one of those works which are known as the !'works of mercy," for example, to help the poor, to visit the sick, to datechize the uninstructed, to pray for the living and the dead, and so forth; or to attend Mass; may, provided the conditions of sacramental confession, Holy Communion, and some prayer for the intentions of the Supreme Pontiff are observed, gain a plenary indulgence on ¯ the following days: the Nativity of our Lord, Epiphany, Easter, the Ascension, Pentecost, Trinity Sunday, Corpus Christi, the feast of the Sacred Heart, Christ the King; the Purification, Annunciation, Assumption, Nativity, Immaculate Conception, Maternity, and Immaculate Heart of the Blessed Virgin Mary, and the feast of her Queenship; the Nativity of St. John the Baptist; both feasts of St. Joseph, the Spouse of the Virgin Mother of God (March 19 and May 1); the feasts of the holy Apostles Peter and Paul, Andrew, James, John, Thomas, 129 APOSTOLIC INDULGENCES Review for Religious Philip and James, Baitholomew, Matthew, Simon and Jude, Matthias; and the feast of All Saints. If, however, a person does not make a sacramental con-fession and go to Holy Communion but nevertheless prays with a contrite heart for some time [aliquantisper] for the intentions of the Supreme Pontiff, he may gain on each of the above-mentioned days a partial indulgence of seven years. Moreover, whoever performs one of the aforementioned works of piety or charity may gain, each time he does so, a partial indulgence of three years. 2. Priests who, if they are not prevented.by a legitimate impediment, are accustomed to celebrate daily the holy sacrifice of the Mass may gain a plenary indulgence on the above rden-tioned feasts, provided they confess sacramentally and pray for the intentions of the Supreme Pontiff. Moreover, as often as they say Mass they may gain a partial indulgence of five years. 3. Whoever is bound to the recitation of the Divine Office may, when he fulfills this obligation, gain a plenary indulgence on the feast days mentioned above, provided the conditions of sacramental confession, of Holy Communion, and of prayer for the intentions of the Holy Father are fulfilled. Whoever does this at least with a~ contrite heart may gain each time a partial indulgence of five years. 4. Whoever recites at dawn, at noon, and at evening, or does so as soon as he can after thos~ times,the prayer which is popularly called the Angelus and during the Paschal Season the Regina Caeli; or whoever, being ignorant of these prayers, says the Hail Mary five times; likewise whoever around the first part of the night recites the psalm De Profundis, or, if he does not know this, says an Our Father, Hail Mary, and Eternal Rest Grant unto Them, .may gain a partial indulgence of five hundred days. 130 May, 1959 APOSTOLIC INDULGENCES 5. The same indulgence may be gained by one who on any Friday piously meditates for a time [aliquantult~m] on t~e passion and death of our Lord Jesus Christ and devoutly recites three times the Our Father and the Hail Mary. 6. Whoever, after examining his conscience, sincerely de-testing his sins, and resolving to amend himself, will devoutly recite an Our Father, a Hail Mary, and a Glory Be to the Father in honor of the Most Blessed Trinity; or recites five times the Glory Be to the Father in memoryof the five wounds of our Lord Jesus Christ, may gain an indulgence of three hundred days. 7. Whoever prays for those in their agony by reciting for them "at least once an Our Father and a Hail Mary may gain a partial indulgence of one hundred days. 8. Finally whoever in the moment of death will devoutly commend his soul to God and, after making a good confession and receiving Holy Communion, or at least being, contrite, will devoutly invoke, if possible with his lipg, otherwise at least in his heart, the most holy name of Jesus, and will patiently accept his death from the hand of the Lord as the wages for sin, may gain a plenary indulgence. Cautions 1. The only articles capable of receiving the blessing for gaining the apostolic indulgences are chaplets, rosaries, crosses, crucifixes, small religious statues, holy medals, provided they are not made of tin, lead, hollow glass, or other similar material which can be easily broken or destroyed. 2. Images of the saints must not represent any except those duly canonized or mentioned in approved martyrologies. 3. In order that a person may gain the apostolic in-dulgences, it is necessary that he carry on his person or decently keep in his home one of the articles blessed by the Sovereign Pontiff himself or by a priest who hasthe requisite faculty. 131 APOSTOLIC INDULGENCES 4. By the express declaration of His Holiness, this con-cession of apostolic indulgences in no way derogates from in-dulgences which may have been granted at other times by Supreme Pontiffs for the prayers, pious exercises, or works mentioned above. Given at Rome, in the palace of the Sacred Apostolic Penitentiary, on November 22, 1958. L. oS. N. Card. Canali, Major Penitentiary I. Rossi, Secretary 132 Plus XIl's AIIocution to Clois!:ered Con!:emplat:ives Translal:ed by Frank C. Brennan, S.J. [The first and second parts of this allocution were published in the January and March issues of the REVIEW ~'Og gE~.ICIOIJS; this is the third and last part. The successive parts of the allocution were broadcast by Plus XII on July 19, July 26, and August 2, 1958. The offical text is to be found in Acta Apostolicae Sedis (AAS)', .50 (1958), 562-586. All divisions and subtitles in the translation are also found iv. tb.e official, text.~ PART III: LIVE THE CONTEMPLATIVE LIFE The Practice of the Contemplative Life in the Light of the Knowledge and Love of Contemplation WHILE TREATING the knowledge and love of the con-templative life in the first two parts of this allocution, We did not neglect, beloved daughters, to point out some practical applications of the principles which We were empha-sizing. In order to promote a fuller understanding of Our discourse, it is important to go beyond merely theoretic~il and abstract considerations and take account of the concrete effects which a more profound knowledge and a more ardent love of the contemplative life can have on its actual practice. Since We need not repeat in this third part wh.at We have already said, We will recall the necessity of translating into action ¯ what we know and love more deeply and then consider the actual practice of the contemplative life, with respect both to its essential element, which is contemplation itself, and to its sec-ondary elements, especially monastic work. As We pointed out in the first part of Our allocution, one's knowledge of the contemplative life is enriched and deepened by the daily fulfillment of its obligations. Love of the con-templative life neces,sarily engenders attitudes through which this love is expressed and without which it would be nothing but a delusion. In this constant interaction which normally conditions 133 P~us XII Review for Religious the regular progress of a religious life, the predominant element will a.lways be the interior life which gives to external actions all their meaning and value. It is from the heart of a man-that good or evil designs spring;' it .is his intention which explains his acts and gives them their moral significance. But this inten-tion alone will not suffice; it must be actualized: "He who has my commandments and keeps them, he it is who loves me,''2 says Jesus. And again: "You are my friends if you do the things I command you.''~ By contrast, whoever neglects to ful-fill the divine precepts finds himself excluded from the King-dom: "Not everyone who says to me 'Lord, Lord,' shall enter into the kingdom of heaven, but he who does the will of my Father.''4 The Fulfillment of the Essential Duty of the Contemplative Life: Interior Contemplation These basic principles apply, also to the contemplative life. To desire the contemplative life, however ardently, is not enough; one must actually dedicate oneself to it and accept the sacrifices which it requires. For contemplation, understood as the union of the mind and heart with God, is the essential characteristic of the contemplative life. We established this in the first part of Our allocution where We cited the chief texts which prove it. Here We add two more, which We draw from" the instruction Inter caetera of March 25, 1956, ¯ and whic.h reiterate the preeminence of contemplatibn in your life. "Minor cloister does not admit of ~iny kind of ministry, but only such as is compatible with the contemplative life of the whole community and of each nun.''5 "Those ministries which are undertaken with discernment and moderation in accordance with the character and spirit of the order must tend to reinforce rather than disturb and prevent the life of 1Cf. Mk 7:21. 2 Jn 14:21. 3Jn 15:14. 4 Mt 7:21. 5AAS, 48 {1956), 520, n. 41a. 134 May, 1959 CLOISTERED CONTEMPLATIVES true' contemplation.''° "Such works are the teaching of Chris-tian doctrine, religious instruction, the education of young girls and of children, retreats and spiritual exercises for women, the preparation of candidates for First Communion, works of charity for the relief of the gick and the poor."''7 The con-templative life does not consist essentially in the external pro-fession of a religious discipline which is only the framework of contemplation. Religious discipline sustains, encourages, and preserves the contemplative life; but it does not actually con-stitute it. To repea~, therefore, what We have said already, We earnestly exhort you to give yourselves with all your hearts to contemplative prayer as to your essential duty for which you have renounced the world. This prindple has nothing directly to do with the fre-quency and duration of spiritual exercises. The intensity of an exercise is not necessarily measured by its length. While the ministries permitted to contemplative nuns may prevent them from devoting long hours each day to contemplative prayer, there still remains enough time to satisfy this essential obligation. The Fulfillment of Secondary Duties Which Perfect the Contemplative Life Along with "the essential and indispensable elements which constitute the first and principal end of the contempla-tive life of cloistered nuns," the apostolic constitution Sponsa Christi singles out others which ar~e not indispensable but which do perfect the contemplative life and are calculated to safeguard it. Among these are the cloister, exercises of piety, of prayer, and of mortification.8 The sixth and seventh articles of the same constitution deal with the nature and jurid-ical structure of cloistered con~ents, with their autonomy, and" with the possibility of their forming federations and confe~l-" °Ibid., n. 41b. Ibid., n. 41c. sCf. AAS, 43 (1951), 10. 135 PIus XII Review fo,r Rcligiows erations? On some of these points the Church lays dowri precise requi.rements which must be met;. on others, however, she merely expresses an invitation and a preference which should receive careful and respectful consideration. It is on!y right that convents and orders of cloistered nuns esteem, pro-tect, and remain faithful to the distinctive spirit of their order. It would be unjust not to take account of this. But they should defend it without narrow-mindedness or rigidity to say nothing of a certain obstinacy which opposes every legitimate development and resists every kind of adaptation even though the common good requires it. It can happen that a nun is asked to leave her convent and to establish herself elsewhere for some greater good or for a serious reason. It is true, of course, that no one can impose on a religious, against her will, any obligations which go beyond the provisions of her vows. But one might ask just to what degree stability really constitutes an essential right of cloistered nuns. The Holy See has the right to modify the constitutions ofan order together with their prescriptions concerning stability. But if these changes affect essential points of law, thenthe members are not bound, by virtue of their vows, to accept the new constitutions. They must be given the choice of leaving the order which undergoes modi-fications of this kind. At the same time a nun can freely renounce her own rights and consent to the request which, with the approval of the Holy See, is made of her.1° We recognize the gravity of such a step and what it might cost the individual religious, but We would exhort her to accept this sacrifice unless there are grave reasons for declining. Whenever there is question of the secondary elements which play only an auxiliary role in the religious life, convents and individual nuns should be ready to accept the interchange of ideas and the mutual collaboration which the Holy See Ibid., pp. 17-19. loCf. Sponsa Christi, a. 7, § 8, n. 3; AAS, 43 (1951), 19. 136 May, 1959 CLOISTERED CONTEMPLATIVES has proposed to them. In-particular, they should try to estab-lish respectful and open relations with the Sacred Congregation of Religious since the Congregation does not intend to ignore existing rights but rather wishes to take into account the desires of monasteries or orders of nuns. This collaboration is par-ticularly desirable whenever there is question of forming fed-erations of convents or orders, or even of fo'rming confed-erations of federations. The text of Sponsa Christi clearly states that there is no thought of doing violence to the just independence of par-ticular convents, but rather of protecting and insuring it. Strive, therefore, to cooperate with the competent ecclesiastical author-ity in order to further the adaptation and salutary evolution which the Church desires. One Element in Particular: Monastic Work We are deeply interested in the application of the norms concerning work, because this has a bearing not only on the welfare of every contemplative convent and order, but also on the welfare of the universal Church which, in many places, requires the cooperation of all its available forces. Having already discussed the necessity of work in general and its appropriateness for contemplative ordersW, e here concent.rate on the application of those provisionsset forth in the constitution Sponsa Christi. In the first part of that constitution, We said that ';We are moved, even forced, to apply these reasonable adjustments to the life of cloistered nuns because of reports We have received from all parts of the world informing us of the distress in which many nuns live. Indeed, there are convents which are close to starvation, misery, and destitution, while in others life is very difficult because of severe material privations. Still other convents, without being in desperate straits, find them-selves on the decline because they are isolated and separated from all the others. Furthermore, the laws of cloister are 137 P~os XII Review for Religious sometimes too rigid, thus giving rise to serious difflculties.''n The normal and most readily available remedy for these ills is some kind of'work on the part of the nuns themselves. For this reason We call on them to undertake such work 'and thus provide for themselves the necessities of life rather than have immediate recourse to the goodness and charity of others. This request is addressed also to those who are not actually destitute and are not for this reason forced to earn their daily bread by the work of their hands. They too might somehow earn enough to satisfy the law of Christian charity toward the poor. We further urge you to develop and perfect your manual abilities so as to be able to adapt yourselves to circumstances in accordance with article 8, paragraph 3, number 2 of the constitution Sponsa Christi.12 This same article summarizes the norms concerning work by stating at the outset that "monastic work, in which contemplative nuns should be engaged, ought to be, as far as possible, in accordance with the Rule, the con-stitutions, and the traditions of each order.''~3 Some consti-tutioris provide for determined .works which are generally of an apostolic nature. Others, on the contrary, make no provisions of this kind. The work "should be so organized that it will secure for the nuns a definite and suitable sustenance by adding to other sources of income.''14 Local ordinaries and superiors are bound to see to it "that such necessary, suitable, and re-munerative work is never lacking to the nuns.''~ Finally, the article emphasizes the duty which the nuns have in conscience not only to earn their bread by the sweat of their brow, but also to perfect themselves each day, as circumstances demand, by different kinds of work.~6 Do not let Our call to labor go unheeded; but make use of all the means at your disposal and of every opportunity Ibid., pp. 10-11. Ibid., p. 19. Ibid., a. 8, § 1. Ibid., § 2. Ibld., § 3, n. 1. Ibid., § 3, n. 2. 138 May, 1959 CLOISTERED CONTEMPLATIVES you can contrive to earn something, if not to meet ygur owrt pressing needs, then at least in order to alleviate the misery of others. Note also that some serious occupation, .adapted to your strength, is an efficacious way of preserving one's mental balance or of regaining it if it has been disturbed. In this way you will avoid the damaging effects which complete seclu-sion and the relative monotony of daily life in the cloister can exercise on certain temperaments. Conclusion We close Our allocution, beloved daughters, by repeating that invitation to the apostolate which formed the conclusioh of~the constitutiori Sponsa Christi. It ~s an invitation based on the great commandment to love God and our neighbor as well .as on the will of the Church. Charity towards our neighbor in'cludes all human.beings,. all their needs, all their sufferings. It is most especially pr.e,. occupied with their eternal salvation. Nuns can exercise this~ apostolate ~,hich the Church entrusts to them in three wa, ys: by the example of Christian ,.perfection which silently ~raws the faithful to Christ, by public and private prayer, by. pe.n.- ances generously undertaken even beyond the prescriptic~ns of the rule at the behest of one's °wholehearted. love of ,the. Lord. In its dispositive part, the constitution Sponsao Christi tdois dtiinffgeuriesnhte fso drmiffse roefn tth kei cnodns toefm apploastitvoeli cli fweo. rSko mcoer rneuspnos~n dairneg committed by their constitutions to the exterior apostolate; they should continue in this apostolate. Others do engage or have engaged to 'some extent in '~ipostolic works even though their constitutions mention only tl'i~ contemplati~,e life. They should continue such work; or if they havd abandoni~d i~,' they should resume it in accordance with current needs. Still other contemplative nuns, in obedience to their rules and constitutions, live only the life of contemplation. They should adhere to it unless they are forced by necessity to perform 139 Plus XII Review for Religious some kind of exterior apostolate for a time. It is evident that these exclusively contemplative nuns participate in the apos-tolate of love through example, prayer, and penance. We would also like to direct your thoughts to that more sublime and more. universal apostolate of the Church, the Spouse of Christ, of which the Apostle of the Gentiles" and St. John's speak. The apostolate of the Church is based on .her world-wide mission to all men and to all nations in every age of the world--to Christians and pagans, to believers and unbelievers. This mission derives from the Father: "For God so loved the world that he gave his only begotten Son, that those who believe in him may not perish but have life everlasting. For God did not send his Son into the world in order to judge. the world, but that the world might be saved through him.'9 This mission is confided to the Church by Christ: "As the Father has sent me, I also send you.''-~° "All power in heaven and on earth has been given to me. Go, therefore, and make disciples of all nations, baptizing them . I am with you all days, even to the consummation of the world.'"-" This mission is accomplished in the Holy Spirit: "You shall receive power when the Holy Spirit comes upon you, and you shall be witness for me . . . even to the very ends of th~ earth.''2"~ Hence this. mission of the" Church proceeds ultimately from the Blessed Trinity, Father, Son, and Holy Spirit. No mission is more sublime, more sacred, or more universal either in its origin o~ in its object. What is the object of this mission if not to make known to all men t,he true God, one and indivisible in the Trinity of Persons, and God's plan of redemption implemented through ,7 2 Cor 11:2. lSJn 20:21-23; 21:16-17; Apoc 21. 19Jn 3:16-17. ' '.'0 Jn 20:21. ", Mt 28:18-20. '-''Act 1:8. 140 May, 1959 CLOISTERED CONTEMPLATIVES His Son and through the Church founded by Christ to per-petuate His work. The Church has received the complete deposit of faith, and of grace. She possesses all of revealed truth and all the means of salvation bequeathed to her by the Redeemer: baptism,~3 the Eucharist, the priesthood: "Do this in commemoration of me";~4 the conferring of the Holy Spirit through the imposition of hands of the Apostles;"~3 the remis-sion of sins: "Receive ye the Holy Spirit; whose sins you shall forgive, they are forgiven them";"6 and the government of the faithful by the power of jurisdiction which she exercises in the name of Christ and with the abiding assistance of the Holy Spirit.~v Here we have a brief description of the divine riches with which the Lord has endowed His Church to the end that she may fulfill her apostolic mission amidst all the uncer-tainties of this earthly life and march down through the ages without having the gales of hell prevail against her."~ Let the unconquerable force which animates this apos-tolate of the Church take hold of your minds and your hearts. It will fill you with peace and joy! "Take courage, I have overcome the world.'''-'° In mounting ever higher and closer ¯ to God, you widen your horizons and become that much more qualified to find the true way on this earth. Far from narrowly confining you within the walls of your convent, your uniorl with God expands your mind and heart to the very limits of the world making them coextensive with the world and with. Christ's redemptive work being carried on in the Church. Let this be your guide; let it sustain all your efforts and reward them with abundant fruit. We "beg our Lord graciously to favor you with His choicest gifts and to perfect the work which He has begun in you to 2aMt 28:19. "4Lk 22:19. 25Act 8:17. 2°Jn 20:23. 27Cf. Jn 21:16-17. 28Cf. Mt 16:18. 29Jn 16:33. 141 P~es XII His greater glory. As a pledge of these divine graces, We impart to you with all Our Heart Our paternal and apostolic benediction. 142 Current: Spiri!:ual Wri!:ing Thomas G. O'Callaghan, S.,J. Prayer ST. THOMAS says that in our acts of worship the exterior, bodily act is ordered to the interior act of the soul; for it is .this latter which is the more important (II-II, q. 84, a. 2). Thus, an exterior act of adoration, a bow or genuflec-tion~ is made for the sake of fostering interior adoration. Rev-erent exterior gestures of humility will usually help to arouse the heart to humble itself before God, to submit itself to Him. But it is also true, as the" Angelic Doctor teaches, that an exterior act of worship ought to proceed from the interior act. In this way exterior acts of adoration are normally the expres-sion of interior acts. Therefore, exterior acts of worship ought both to proceed from, and also to be ordered to, interior acts of worship. Understanding this relation of the exterior to the interior in the worship of God, it is interesting to read an article of l~tienne Robo on the use of the hands in prayer.~ Gestures with the hands can very easily express ideas or interior attitudes. To shake a fist at someone is to threaten violence; a traffic officer holds up his hand to stop traffic and then waves it on; a beggar holds out his hand as a request for alms. Thus, it would be quite normal to expect that in prayer our hands could and should express interior dispositions. In the days of the Old Testament to lift one's hands above the head, with eyes raised toward heaven, was a gesture of supplication. David asked the Lord to consider the lifting up of his hands as an evening sacrifice. During and even after the time of Christ this was still a typical gesture of prayer. "Pray with Your Hands," F~'ors/ti~, XXXIII, 14-18. 143 THOMAS G. 0'CALLAGHAN Review for Religious A modification of this .was to pray'with the arms extended in the form of a cross, a practice which Tertullian recom-mended, since it proclaimed the Passion of Christ. However, because such a practice was very tiring, an attenuated version of this was introduced. One sees in the catacombs paintings of the early Christians praying with their ai:ms "flexed to some slight extent and the hands, wide open, palms outward, are not raised above the shoulders. The shape of the cross is re-tained but on a less ample scale." This is very similar to the gesture of the priest at Mass when he is reading the Orations or the Canon. Our present custom of holding the hands palm to palm againsf one another seems to be of Germanic origin. When a vassal received a grant of land from his feudal lord, in order to express his fidelity and loyalty to his lord, he would kneel before him and place his joined hands between the hands of his lord. This custom, because it could represent so perfectly our dependence upon God, the Lord to whom we owe fidelity and service, was adopted by the Church as an attitude of prayer. All these gestures are external acts which are expressive of interior dispositions. But also, if we use them with rev-erence, they will, as St. Thomas taught, help to foster interior devotion and prayerfulness. In reading the letters of St. Paul, Father Lyonnet, S.J., remarks,'-' one is impressed with the frequent references which he makes to prayer. Very often Paul speaks about his own prayer, telling those to whom he writes that he has been thank-ing God for the graces which our Lord has granted them, or that he is begging God fo~ the graces which they need. At other times he is exhorting others to pray. It might also be noted that in most of these places where Paul is speaking about prayer, . the prayer has an apostolic quality to it; it is in ""Un aspect de la 'pri~re apostolique' d'apr~s saint Paul," Christus, V (1958), 222-29. 144 May, 1959 CURRENT SPIRITUAL WRITING some way concerned with the promotion of the' Kingdom of God. When Paul speaks about prayer, especially the prayer of petition, he seems to suggest that prayer is a kind of strftggle, an engagement between the soul and God. It is not only that "night and day we pray;" but prayer is addressed to God "with. extreme insistence" (I Thess 3:10). He .asks the Romans "to strive together with me in your prayers to God" (Rom 15:30); and Epaphras, St. Paul wri~s, "does not cease striving" for the Colossians in his prayers (Col 4:12). Paul's way of speak-ing of prayer as a persistent struggle recalls our Lord's parable of the importunate friend whose prayer was heard because of his persistence (Lk 11:5-10). Both Christ and Paul make it clear that in prayer we should strive with persistence to be heard. Judging from their teaching, it seems that God wants to be pressed with requests, so that t.hrough our insistent prayer we may wrest from Him what we desire. Does that mean that by our insistent prayer we move God to do that which at first He did not want to do, as if we could exert an .influence on God Himself? Or might it mean that God is not a very loving Father, nor is He always disposed to give His children what will help them? By no means. Such a mentality would be based on a very false idea of divine transcendence and love. When Paul, following the teaching of Christ, emphasizes the notion of struggling, striving in prayer, what h~ is trying to do is to underline the necessity of prayer. But prayer is necessary, as St. Thomas teaches, not in regard to God, ds if He needed to be informed of our desires, or as if.prayer were necessary to dispose Him to grant us our requests. God always knows our desires and is always disposed to grant us His gifts. Prayer rather is necessary from our part; for it is, partially at least, through prayer that we become suitably disposed to receive His gifts. Prayer does not dispose God ~to give; it 145 THOMAS G. O'CALLAGI-IAN Review for Religious disposes~us to receive from Him the graces and blessings which He in/His fatherly love desires to give us. !wT~hish teaching of St. Thomas applies primarily to the prayer ich the Christian addresses to God for himself. But it may also be applied, Father Lyonnet believes, to the prayer which an apostle addresses to God for others, particularly those en-trusted to his care. God wishes to use us. as His apostles for the salvation and sanctification of others. He wants us to be His instruments in the work of redemption. Too often, how-ever, we are not fit instruments for God's salvific work. It is prayer--all prayer, no doubt, but especially prayer for others --which disposes us to .be suitable apostolic instruments, fit for promoting the Kingdom of Christ. Thus, without exercis-ing any influence on God, without intending to change the will of God, which could only be a will of love, prayer has the purpose of making the apostle a suitable instrumen~ of God, and allowing God to realize in and thro. ugh him His designs of love: Celibacy Sex is a fact of life which is here to stay; and it is very important that those who are preparing to live a life of celi-bacy, whether as priests or religious, should acquire sound attitudes toward it. Many excellent .suggestions for establishing these attitudes are given in a fine article by Father W. Bert-rams, S.J.a Although his remarks are directed primar.ily to seminarians--and it is mostly in reference to them that we will explain a few of his ideas here--most of the article is applicable to religious also. The priesthood demands a complete and undivided dedi-cation of on~eself to Christ and His Church. This is a very positive thing, and it is only this positive oblation of oneself which fully explains the obligation of celibacy. Because he 3 *'De efformando in clericis genuino fundamento cae[ibatus suscipiendi," Periodica, XLVII (1958), 3-28. 146 May, 1959 CURRENT SPIRITUAL WRITING dedicates himself to Christ, the priest cannot give himself to another; he must live a celibate life. Something similar takes place in marriage. When a young man gets married, he dedi-cates himself to his wife--and she to him--and it is because of this positive dedication to her that he may not give himself to another. In this sense the positive dedication of oneself to Christ in the priesthood (or religious life) is sometimes called a spiritual marriage between Christ and the priest (or Christ and the religious). During the course of their studies, then, clerics should strive to acquire this positive attitude toward celibacy. Certainly it is far more beneficial and healthy than the merely negative attitude of "I must not sin against chastity." It is the positive aspect, the dedication of oneself to Christ, which should be dominant in the soul. Another point which Father Bertrams makes is that a person dedicated to the celibate life should have a healthy atti-tude, not a fearful and anxious one, toward his own body. One's body is a work of God; and thus reverence, not fear, is due it. Also, although one might possibly bemisled by an expression which is sometimes used, there is no such a thing as an "indecent part" ot: the body. Thus, it would not be honest and objective to consider one's body, or certain parts of it, almost exclusively as an occasion of sin. Such an atti-tude would make the general subject of sex an object of fear, and it would create many difficulties which a person with a healthy attitude toward his body would not experience. The sexual faculty is not evil in itself; it is good. Like any other natural faculty, however, it must be subordinated -to reason. Thus, control of this faculty is required. But the process of educating oneself to this control supposes that one first admit t.hat sex and sexual appetites do exist, and that they will at times manifest themselves. Some people are not always willing to admit this to themselves, or they keep wishing that it were not so. They must simply learn to accept the present 147 THOMAS G. 0'CALLAGHAN Review for Religiou.~" divinely-established order of Providence, an order in which sex, according to the will of God, has its proper place. From the fact that sexual appetites do at times manifest themsel~es, and even strongly, it is clear that sexual tempta-tions "do exist. These appetites, therefore, [lave to be con-trolled; for if they are not, they lead to sin. In this sense sex can be dangerous. But to see the dangers of sex practically ev~erywhere is just not being objective. It is true that today there are .found in public life many sexual stimulants, and these can easily cause some indeliberate sexual thoughts and reactions. That is quite normal; in fact, for a person never to react to these stimulants would possibly be a "sign of some natural de-fect. But, for a well-balanced person, not every sexual reaction to these stimulants is really deserving of the name of tempta-tion; they are not real inducements to sin. Many are slight and pass quicklyl.and the best thing to do is to pay no attention to them. To consider these reactions as true, temptations, and to be continually trying to avoid them, would only make one overanxious and hypersensitive. This state of anxiety could easily turn these slight reactions into strong temptations. Another point in Father Bertrams's article touches on the question of the choice of a celibate life in preference to the married state. Since attraction for members of the other sex is natural and fairly strong and ordinarily leads to "marriage, the choice of a ceiibate life should be made only after mature deliberation. Seminarians should realize, in reflecting on this choice, that marriage is noi something good merely in the abstract. When they renounce marriage, they renounce some-thing which could be for them an excellent personal good, a source .of perfection, happiness, and salvation. But they are renouncing this sacramental state for the sake of a higher good, a more ~omplete dedication to Christ and a more perfect service of His Church. And even after they make that choice of a celibate life, they should not expect the natural and human tendency toward married and family life simply to disappear. 148 May, 1959 CURRENT SPIRITUAL WRITING But for them personally the celibate life is still a greater good, and by cooperating with the graces of their state the other tendency can be controlled. These and many other of the observations .which Father Bertrams makes are very prudent and are well worth study and reflection. St. Th~r~se of Lisieux The recently published critical edition of the original autobiographical manuscripts of St. Th~r~se of Lisieux (cf. REVIEW FOR RELIGIOUS, 17 [1959], 145-47) has been the occasion of intensified interest in the spirituality of this beauti-ful Carmelite saint. The original text is being carefully studied, and also closely compared with the text which Mother Agnes edited--and in many ways rewrote~and which has been known in English as The Story of a Soul. One of the purposes of this study and comparison is to discover whether our present picture of Th~r~se's spiritual life should be modified in any significant way. An excellent article which considers this prob-lem has been written by Father Noel Dermot of the Holy Child, O.C.D.4 We would like to mention briefly just one or two of the points which he discusses. When Mother Agnes edited Th~r~se's manuscripts, she omitted a great number of passages. From a study of these passages it is evident that her intention was not to show Th~r~se" as being holier or better than she really was. The only pas-sage which could cause some doubt in this regard is the one in which St. Th~r~se speaks about her difficulty in saying the rosary. She admitted that saying the rosary took more out of her than a hair-shirt would. No matter how hard she tried, she could not meditate on the mysteries of the rosary. This caused her great distress. Since she did have a strong personal love for the Blessed Mother, she just could not understand 4"The Published Manuscripts and the 'Histoire d'une Ame,' " Ephemer-ides Carraeliticae, IX (1958), 3-31. 149 THOMAS G. 0'CALLAGHAN Review ]o~" Religious why saying prayers in Mary's honor should be difficult. Never-theless, it. was difficult and a real trial for her. This might be comforting to many of us; but we should not hastily assume, as Father Noel prudently notes, "that the Saint's distractions were on the same level as our own." Th~r~se could not fix her attention on the mysteries, "not because her mind is far from God, and full of worldly or selfish preoccupations, but rather because her mind is fixed ~on God in a simpler and higher way. It is in fact a matter in which the Saint suffered from the lack of sufficiently skilled direction, which would assure her that Our Lady is more hon-ored by a simple loving regard toward herself, or her Divine Son, than by the repetition of set prayers." Another point, which may be of interest .to mention here, is that one of the most striking characteristics of Th~r~se's manuscripts is the constant use of the name of Jesus. Father Noel .observes, in speaking of the editor's notes in the critical edition of the Autobiography, that "the citations under J/sus in the Table des citations occupy ten columns." 'This is an indication of the central and dominant place which Jesus held in the life of Th~r~se of the Infant Jesus. (She never refers to Jesus as Our Lord, and only once as Christ.) Her autobiography is the story of a great love, "the love of Jesus for Th~i~se and of Th~r~se for Jesus." Obedience The spiritual life is primarily and basically a relationship between persons. First, it is a personal relationship with the three Persons of the Trinity. The three key virtues of the spiritual life, the theological virtues'of faith, hope, and charity, are personal relationships with the Persons of God. One be-lieves God; one hopes in God; one loves God. There are also, as is obvious, our personal relationships with the Blessed Mother, the saints, the angels, and others. Personal contacts therefore are at the very heart of the spiritual life. 150 May, 1959 CURRENT SPIRITUAL WRITING Yet there is a very real.danger for religious to become impersonal in their spiritual lives. They can easily fall into what might be called the trap of impersonalism. This is espe-cially true, as Father Ryan, O.P., points out, in regard to obedience.~ Religious are certainly desirous ot: being obedient, because the faithful observance of rules is a very important part of religious life. But there is a definite danger of making obedience something impersonal, as if it were nothing more than conformity with a set of rules and regulations. "Primarily it is not this. We do not obey," says Father Ryan, "an abstract code of laws, we obey people . " This personal aspect of obedience is certainly brought out in Sckipture. Our Lord obeyed His Father; He asked His followers to obey those who are their temporal lords. Children are told to obey their parents, servants their masters, and wives their husbands. Scripture makes it quite clear that obedi-ence is a personal relationship. Obedience is never mere conformity to law. It is a vir-tue which gov.erns the relationship between living persons, be-tween a subject and his superior. Since in the Christian dis-pensation the superior is a representative of Christ, possessing authority from Christ, obedience is basically a personal relation-ship with a living Christ. This is a point which often has to be stressed, because otherwise obedience can easily degenerate into legalism, into mere conformity with impersonal rules. When this occurs, the religious life loses much' of its meaning. It is failing to be what it should be, a person to person rela-tionship with the living Person of Christ. The Contemplative Life It was interesting to see in a recent issue of Jubilee that a group of Camaldolese hermits have started their order's first foundation in America.6 They have acquired an ideal location S"The Vows of Religion: II Religious Obedience," The Life o.~ the Spirit, XIII (1958), 242-49. °"The Camaldolese Come to America," Jubilee, December, 1958. 151 Review for Religious on California's Monterey peninsula, six hundred acres of peaceful and secluded property overlooking the Pacific. This will be only thdir second house outsi~le of Italy; the other is in Poland. The Congregation of Camaldolese Monk Hermits was founded by St. Romuald in the eleventh century. The prop-erty. on which he built his monastery was the .gift of Count Maldolo. Thus, the name Camaldolese originated by "shorten-ing the phrase ~.arnl~us MalJoH (the field of Maldolo). The Camaldolese are an independent branch of the Benedic-tine order. Their foundation adapted the Benedictine Rule so that it would include hermits, and-thus provide for the eremitical as well as the cenobitical life. "Although the recent trend within the Order has been to emphasize the cenobitical life, the foundation in America will be solely eremitical." Along with the new foundation of the Carthusians in Vermont and the extraordinary growth of Trappist vocations during the last fifteen years, the arrival of the Camaldolese is another indication of the growth of the contemplative life in America. The hermit's life is such a hidden one that it is rare that an individual hermit, at least in Western Christendom, becomes well known. Yet during the last fifty years there have been two hermits who have gained some fame. The better known of these two was Charles de Foucauld, the French ascetic who was murdered in the Hoggar desert more than forty years ago. The other, who died not quite three years ago, was an English convert, Monsignor John Hawes, better known as Fra Jerome, and perhaps still better known as The Hermit of Cat Island, since this is the title given to a recent biography of him. Those who will not have the opportunity of reading this book will find a brief but interesting account of his life in "A Hermit of the Twentieth Century," written by' Michael Hanbury, one of Hawes's friends.7 7"A Hermit.of the Twentieth Century," The Month, XX (1958), 295-301. 152 ¯ May, 1959 CURRENT SPIRITUAL WRITING It was while working as an architect in London that John Hawes met a retired Anglican bishop, who persuaded him to take Anglican orders. A ~few years l.ater he went as a mission-ary to the Bahamas, where part of his missionary activity was the construction of several Anglican churches. But doubts about his faith were disturbing his life; and after three years he left for New York and soon was received into the Church by another recent convert, Father Paul Francis of Graymoor, the founder of the Society of the Atonement. The following year found Hawes studying for the priesthood at the Beda, Rome. After ordination Father Hawes went to Weit Australia, and there he labored diligently for twenty-four years in his "twin roles of missionary and busy architect." After these arduous years, and although already past sixty, .he asked his bishop if he might be allowed to try what he believed to be his het.mit's vocation. Permission was granted on ~he conditior~ that he write his memoirs. In the spring of 1940 Hawes returned to the Bahamas, to Cat Island. He built a tiny three-room hermitage, his cell six feet by four, and his kitchen even smaller, and began his hermit's life. Although his solitude was not extreme--for he was still called on at times for some missionary and even architectural work---often he saw no one for three or four days at a time. Thus he spent the last fifteen years of his life in prayer, fasting, and penance, sharing with, Christ the solitude and sorrows of Gethsemani. Sacred Scripture Are we biblical Arians or biblical Docetists? The ques-tion is an interesting one, and so is the answer given by.H.J. Richards in ','The Word of God Incarnate.''8 This article should be of special interest to priests or nuns who are teach-ing the Bible in high school or college. SScripture, X (1958), 44-48. 153 THOMAS G. O'CALLAGHAN Review /or Religious In the early Church two heresies distorted the revealed truth about the Word Incarnate. At one extreme Arianism treated Christ '~as if he was exclusively human, with the divine about him no more than superimposed by a sort o~ adoption." At the other extreme was Docetism, which made Him almost exclusively divine, the human being mere appearance: Between these two extremes lies the truth: the Incarnate Word, one Person in two natures, one Completely human and the other completely divine. There has also been a similar double error about the Bible, that other "Word of God incarnate." The biblical Arian considers the Bible as "an exclusively human book which has beef~ subsequently approved of and adopted by God," while the biblical Docetist imagines it as "an exclusively divine work, with the various human authors acting merely as God's dictaphones." It is also between these two extremes that one finds the truth: the Bible is completely human and completely divine. Fifty years ago the danger was to .be a biblical Arian. Research and new discoveries in archeology, anthropology, geology, and so ~orth, were putting the Bible in the full light of its human context. This brought on the temptation to consider it as a purely human work. The Church condemned such a position, and insisted that the Bible was the word of God. But that teaching did not give us the right to lapse into a sort of biblical Docetism. We always need a scientific approach to the Bible, and this for the purpose of under-standing it properly. For "this book is so thoroughly human that from the first page to the last every possible human allowance has to be made if we are to understand it." , We must not forget that the Bible ;s not a single book, but a whole collection of them, and that the human authors who composed these books thought and wrote like men of their times, not like men of our day and civilization. Their. 154 May, 1959 CURRENT SPIRITUAL WRITING approach to things was that of a Semite, not of a Westerner. Therefore, it is not strange that they expressed themselves in various "literary forms for which no equivalent exists in our own literature. Each of these must be recognized, for what it is, and judged according to the rules of that form. Otherwise we will only understand the meaning of the words, "not the meaning of' the man who wrote them." Thus, there is always a need of a scientific approach to the Bible which, although completely divine, is also human through and through. For unless we grasp the meaning of its human authors, we will never fully appreciate what it is :hat God is trying to say to us. 155 Pr c!:ice ot: !:he Holy See Joseph F. ~oallen, S.J. CANON 509, § 1, obliges all superiors to inform their sub-jects of all decrees of the Holy See concerning religious and to enforce such decrees. .The activity and mind and will of the Holy See are alsd revealed, and sometimes in a more practical manner, by approved constitutions and com-munications addressed to individual religious institutes. An article drawn from these sources was published in the REVIEW FOR RELIGIOUS in 1953. This article is based on the same sources concerning lay institutes from January 1, 1954. The order of materi~il" followed in the article is the usual order of the chapters of constitutions of lay institutes. This is the second part of a series of three. 7. Religious profession. (a) Place of first temporary pro-fession. A congregation whose novitiate had been destroyed by fire received permission to hold the ceremonies of reception and profession in a public church. Canon 574, § 1 clearly commands for liceity that the first temporary profession should be made in a novitiate house. The code prescribes nothing about the place of the other temporary professions or of per-petual profession, but the place for these may be determined by the particular constitutions. Any institute whatever that wishes to hold the first temporary profession outside the no-vitiate house must secure a dispensation from the Holy See. Reasons such as the lack of a suitable place in the novitiate house, the difficulty or inconvenience to externs in reaching this house, the edification of the faithful, and the fostering of vocations justify the. petition of an indult to make the first professionelsewhere, for example, in a parish church.13 (b) Five years of temporary vows. A mother general requested ~°~ Larraona, Commentarium Pro Religiosis, 38-1957-218; REVIEW FOR RE-LIGIOUS; 12-1953-264. 156 PRACTICE OF THE HOLY SEE permission to hold an extraordinary general chapter ~o discuss the extension of temporary profession from three to five years. The Sacred Congr.egation replied in 1957 as follows: "Since it is now the practice of this Sacred Congregation to require five years of temporary vows, we do not feel that it is neces-sary to convoke an extraordinary general chapter, to discuss the matter. It will be sufficient, if your council and ,yourself agree on the proposal, to make a formal petition to this Con-gregation to introduce the five-year period of temporary vows as an experiment until the next regular general chapter is held~ The general chapter should then discuss the matter and submit a petition for a change in your constitutions in this regard. This Sacred Congregation does not impose the change on those communities whose constitutions were approved before the present practice was introduced.'~'~ The sense of this reply seems to be that all congregations applying "for. pontifical ap-proval must demand five" years of temlSorary profession. The temporary vows may then be prolonged only f6r a year. The five years may be variously divided, for .example, five annual professions, three annual professions arid one of two years, or two annual professions and one of three ~,ear~s. ~ This new prac-tice of the Holy See is an added reason why the same extension should be studied by all institutes that'have only three years of temporary vows. The inauguration of juniorates and the consequent reduction of time of probation in the active life before perpetual profession had already led many institutes to study,._ and some to adopt, this extension.14 (c) Anticipated renewal of temporary vows. Canon. 5~7, § 1 perm!ts that a renewal be anticipated, but not by more than a month, (August 15, 1958 - July 15, 19'58). Constitutions recently approved are stating more frequently that an anticipated renewal expires only on the day on which a non-anticipated renewal would have expired. This matter was explained in the REVIEW FOR RE-LIGIOUS, 17-1958-60-6I. (d) Reception of profession. In~.lay Ibid., 12o1953-266-6~;" 15-1956-322.' 157 JOSEPH 1~. GALLEN Review for Religious institutes, the constant practice of the Holy See is ~that the vows are received by the superior general, or higher superior, and his or her delegates. More recent constitutions provide for the difficulty caused by the lack of an express delegation. For example, some state: "In default of an express delegation, the local superior is to be considered as delegated with the faculty of subdelegating." Those that have renewals of temporary vows frequently make the following provision: "Local superiors and their legitimate substitutes are delegated by the constitu-tions to receive the renewal of vows and with power also to subdelegate." It would have been better in the latter type of institute to have included also the first provision. The legiti-mate substitutes are the assistants or vicars of local superiors. The enti~e matter of reception was explained in the REVIEW FOR RELIGIOUS, 8-1949:130-39; and the necessity of recep-tion in juridical renewals was emphasized in the REVIEW FOR RELIGIOUS, 16-1957-113. (e) Resumption of solemn vows. The progressive resumption of solemn vows by monasteries of nuns continues. This matter was fully explained in the REVIEW FOR RELIGIOUS, 16-1957-255-56. (f) Solemn vows in an institute of active purpose. One institute of women has been an order for centuries, that is, a religious institute in which at least some of the members should have taken solemn vows according to the particular laws of the institute. It has also been engaged in teaching outside its own monasteries. In other words, its work of teaching in no way differed from the manner in which this apostolate is exercised by congregations of sisters. This institute, while fully retaining the active end described above, was permitted to resume solemn vows by. a decree of the Sacred Congregation of Religious, July 23, 1956. We therefore have a centralized order of nuns, whose works are exercised also outside their monastery, and who have a papal cloister similar to the papal cloister of men and not too distant from the common or episcopal cloister of congregations of sisters. Papal cloister is consequently now to be divided into 158 May, 1959 PRACTICE OF THE HOLY SEE major, minor, ahd the special cloister proper to this institute of women and to a very few similar institutes of women.1~ All making their noviceship at the time ot~ the decree and all admitted thereafter are to make solemn profession. Simple temporary vows are made first~ for a period ot~ five years, which are followed by a profession of simple perpetual vows. After about ten years of simple vows and ordinarily at the end of the third probation, the religious is admitted to solemn prot~ession: This order is obliged to the daily choral recitation of at least part of the Divine Office, but the obliga/- tion is only that ot~ the constitutions. The religious recite the whole Office daily with these exceptions: they recite only one nocturn ot~ Matins and only one of the Little Hours ot~ Terce, Sext, and None. It is recommended that at least Vespers be sung .on Sundays and feast days. Religious who are students may be dispensed entirely from the office (c. 589, § 2). The nuns are permitted to go out for a special purpose, that is, the apostolate, preparation for. or supplementing of preparation for the apostolate, for purposes related to aposto-lic works, health, the accomplishment of a civic or religious duty, the service of the order, and necessary collaboration with other religious institutes. They are t~orbidden to go out for any personal satisfaction or interest °not foreseen by the constitutions. "The following persons may enter the part the house reserved for the religious, in case of necessity, at the discretion of the sul3erior: maids, workmen, doctors, architects and others." "Priests may enter the enclosure to administer the sacraments to th~ sick, or to assist the dying, according to the prescriptions ot~ canon law." "Seculars may be shown over [the part ot~ the house reserved for the works-] when the local superior thinks fit, with a view to the admission of pupils. Besides, parents may be authorized to see their children in the infirmary. Under conditions decided upon by l~Guti~rrez, Commentarium Pro Religiosis, 35-1956-263; J. Fohl, L'Ann~e Canonique, 4-1956-183. o . 159 JOSEPH F. GALLEN Review for Religious the local superior, former pupils~, may be admitted into this part of the house, as well as persons connected with any good works directed by .the community either in groups on fixed da.ys .or ~separately. The same rule applies to those who may be called UPOn to share the work of the house: priests, teachers, doctors, business advisers, domestic help, 'contractors, workmen and others." The parlors have no grille, and there is no turn. The excommunication of canon 2342 is restricted" to passive cloister, that is, entering the section reserved for the religiot~s, and is worded in the constitutions as follows: "Every person entering without permission into the part o~ the house reserved for the religious, and also the religious who [~ring them in or admit therri within the enclosure incur excommunication reserved [simply] to the Holy See." 8. Poverty. (a) Buildings and cells. Some recent con-stitutions contain the wise provision that the buildings and their furnishings are to be marked by religious poverty, simplicity, and dignity. Several congregations, with at least equal wisdom, enact that each sister is .to' have her own cell. Some enjoin this absolutely; others as far as ik' is possible. (b) Collections in schools. One congregation enacted the following prudent and necessary provision: "Requests for gifts either for the school or for the congregation made by the teachers to the pupils" must be infrequent and submitted be-foreharid to the superiors. The latter will be cautious" in grant-ing permissions." (c) Making a will in an order. In its reply to a quinquennial report, the Sacred Congregation instructed a superioress of a monastery of nuns that the novices, since they were destined for solemn profession, were not obliged to make a will. This is true. It is also true that they are not forbidden to make a will. In my own opinion, these novices are to be strongly urged to make a will if they actually own property and especially if the interval between the noviceship and solemn profession is very long.1° (d) Renunciation of 16 REVIEW FOR RELIGIOUS, 15-1956.159-60. 160 May, 1959 PRACTICE OF THE HOLY SEE patrimony in a congregation. In permitting at least two re-ligious of congregations to renounce their property in favor of their institute, the Sacred Congregation added the conditions: "provided the rights .of no third party were involved and that all the property, would be returned to the religious in the event. of his or her departure from the institute." This whole matter was explained in the REVIEW FOR RELIGIOUS, 12-1953-257-59. 9. Confession and Communion. (a) Frequency of con-fession. In the past, the constitutions of lay institutes almost u.niversally directly commanded the religious to go to confession at least once a week. Later many constitutions were phrased in the wording of.canon 595, § 1, 3°: "Superiors shall take care that all the religious approach the sacrament of penance at least once a week." Constitutions are now appearing with the following Wording: "The religious "will usually go to confession at least once a week."° Frequency of confession was-explained in the REVIEW FOR RELIGIOUS, 16-1957-116-17. (b) Occa-sional confessor. Recent constitutions frequently add to the canon on this confessor the prescription that all are obliged to observe religio~us discipline ifi the use of their right. T/~is is evident in itself~ and was contained in a reply of the Sacred Congregation of Religious, December 1, 1921.17 '(c) Supple-mentary confessors and opportunity of confession before Mass. In its. reply to one quinquennial report, the Sacred Congrega-tion made the very interesting and practical comment: "The superioresses shall carefully see to it, even consulting the re-spective local ordinaries on these points, that the sisters do not .lack supplementary confessors nor the opportunity of confession before Mass." This entire matter was expl.ained in the REVIEW FOR RELIGIOUS, 9-1950-140-52. The Sacred Congregation of the Sacraments reiter~ited in 1938 that it "is especially im-portant, that they ~-the faitht~ul who live in communities] should hav~ the opportunity to make a confession also shortly before the time ot~ Communion.''is Even though this was emphasized Bouscaren, Canon Law Digest, I, 296-97. REVIEW FOR RELIGIOUS, 9-1950-146-49. 161 JOSEPH F. GADLEN Review for Religious in 1938, the ready opportunity of such a daily confession for lay religious is still most rare. (d) Interference in internal government. Some recent constitutions add the following sentence to the canon that forbids the ordinary or extraordinary confessor to interfere in internal government: "Therefore, the sisters shall treat with the confessors only matters that concern their own soul." This principle admits exceptions, for example, a councilor may licitly ask a priest in confession what is the more expedient, the more practical policy to follow in ~ matter of government. The pertinent canon was explained in the REVIEW FOR RI~LIGIOUS, 17-1958-255-5& (e) Frequency of Communion. Constitutions approved by the Holy See from about 1939 until recent years uniformly coiatained an article of the following type: "Superiors shall plainly tell their subjects that they are gratified at their frequent reception of Holy Com-munion, but that they see nothing to reprehend in those who do not receive so frequently, since this can be (or is) a sign of a tender and delicate conscience." This article, was taken from the Reserved Instruction on Daily Communion and Pre-cautions to be taken against Abuses, section, c, a).19 Some recent constitutions have the. same or a similar article; others have nothing on this point; some say that Communion need not or is not to be received according to rank; and perhaps the best expression is the following: "Superiors shall carefully eliminate anything that might interfere with the liberty of the individual religious to receive or abstain from Holy Com-munion." The elimination of precedence in receiving Com-munion is something with which I can agree, but I most seriously doubt the efficacy that is often attributed to it.2° One may also legitimately inquire what efficacy this elimination has when the religious continue to sit in the cha~pel according to rank. The great practical and effective means in this matter is the opportunity of confession before daily Mass. 19 Bouscaren, 05. cir., II, 213. ~0 REVIEW FOR RELIGIOUS, 9-1950-149; 15-1956-25. 162 May, 1959 PRACTICE OF THE HOLY SEE 10. Religious exercises. (a) Mass. The feast of the canonized founder or foundress of a religious institute, even if the institute is not obliged to the Divine Office and does not have a proper calendar, is celebrated in the institute as a double of the first class, One monastery of Poor Clare Colettine nuns received an indult from the Sacred Congregation of Rites permitting the celebration of the feast of St. Collette as a double of the first class. A congregation of sisters Secured an ~ipdult to celebrate the feast of its patron under the same rite. T~is congregation was also permitted to celebrate several other Ma,sses, for example, ~hat of Mother of Mercy, on May 12. Thins, is from the Masses for Certain Places, and is given in the Miss~al for the Saturday before the fourth Sunday of July. One co~ngregation of St. Joseph was permitted to celebrate a votive ~,ass of St. Joseph in the principal oratory of the' mother house on\the first Wednesday of every month, provided some pious exercise was held in honor of St. Joseph. The following days were excluded: a double of the first or second class; a privileged feria!, octave, or vigil; Lent; and a feast of St. Joseph. One institute prepared and received permission to celebrate a private votive Mass of Our Lord, Jesus Christ, Divine Teacher. The introduction to "the Mass states that Christ is teacher of mankind by a threefold title: 1° because by His doctrine He has introduced us into the most profound secrets of the Divinity and has revealed its most intimate mysteries; 2° by His example He has traced the path we must follow to God; 3° and by His grace He has made possible the practice of what He preached. (b) Office. A few congregations have substituted the Short Breviary in English for the Little Office of the Blessed Virgin Mary, and a lesser number have changed to English in the recitation of the latter. The change to the Short Breviary merits general study.~1 It is more in conformity with the liturgy and possesses the highly desirable advantage of being in English. (c) Particular examen at noon and the general examen in the 51 A Shor~ Breviary, edited by William G. Heidt, O.S.B., The Liturgical Press, St. John's Abbey, Collegeville, Minn. 163 JOSEPH F. GALLEN Review for Religious evening. This old aversion of mine continues to appear in constitutions. As we have said before: "This has always seemed to me to be a strange practice. There is no doubt that the general examen may, be separated from the particular and that the general may be confined to the evening, although the preferable practice for religious is to make both together. The strangeness is found in making the particular only at noon. Is it the intention to strive for the conquest of a particular defect or the acquisition of a particular virtue for only half the day? If not, isn't it rather unnatural to examine oneself on this matter from noon to noon?''~-* 11. Cloister. (a) Papal cloister and extern sisters. It was made clear in the second general congress on the states of perfection that the Holy See favors a greater integration of the extern sisters in the life of the monastery and particularly by a greater facility for them to enter the cloister. A summary of the indults granted to several monasteries of the United States in this respect was published in the REYIEW FOR 16-1957-48. Two other monasteries obtained indults of greater moment. These permit the extern sisters to live within the papal enclosure and to perform the religious exercises and other duties of "common'life with the nuns. I do not know the reasons that were given in either of these petitions. (b) Entering and going out from papal enclosure. One nun was granted an indult to leave her monastery for three years to be mistress of novices in another monastery of the same order. A renewal of such an indult may be requested on its expiration, as was done in a similar case for a nun to continue as superioress of another monastery. One monastery Obtained an indult that permits the superioress to leave the enclosure for inspection of the quarters of the extern si~ters. A sister who was writirig a doctoral dissertation on medieval architecture was permitted to visit, all the monasteries of one order in a particular country, provided she had in each case the permission of the 22 REVIEW FOR RELIGIOUS, 13-1954-131. 164 May, 1959 PRACTICE OF THE HOLY SEE superioress of the monastery and of the ~ocal ordinary. (c) Locked doors. One monastery of nuns received an indult to leave the dormitory doors within the monastery unlocked during the night to permit the nuns to go to the choir for nocturnal adoration and also to comply with the regulations of the Fire Prevention Bureau. The locked dormitory doors must have been the result of the particuhr law of this order. I was happy to see that a fire prevention bureau had finally made its influence felt in this matter. We have had several disastrous and fatal fires in the United States within the past few years. It would be well to reflect that very many of our ecclesiastical and religious buildings are old and that many of them can be accurately termed fire-traps. The death of a religious woman because of a locked door would be a harrowing accident; it also would not look v~ell in the newspapers nor in the public reports of an investigation. I wish to emphasize here what has been previously said in the REVIEW FOR RELIGIOUS: "The National Fire Association states that its standards '. are widely used by law enforcing authorities in addition to their general use .as guides to fire safety.' In its pamphlet, Building ¯ Exits Code, this association states: 'All doors used in connection with exits shall be so arranged as to be always readily opened . from the side from which egress is made. Locks, if provided, shall not require a key to operate from the inside. Latches or other releasing devices to open doors shall be of simple types, the method of operation of which is obvious even in darkness.' This standard is not specifically applied to such residences as convents or religious houses in general,, but it is extended to very similar residences, e. g., apartment houses, which are defined as '. residence buildings providing sleep-ing accommodations for 20 or more persons, such as conven-tional apartments, tenement houses, lodging houses, dormitories, multi-family houses, etc.'''23 (d) Parlors. In reply to two quinquennial reports, the Sacred Congregation stated: "In all 231bid., 15-1956-284-85; 16-1957-52-53. 165 JOSEPH F. GALLEN Review fo~" Religious houses the parlors should be so arranged that what takes place in them may be seen from outside." Although this is not expressly commanded by any law of the Church, the pertinent question of the quinquennial report presupposes that the parlors of all religious houses are of this nature. (e) Chaplain's quarters. The quinquennial" report inquires and the constitu-tions of religious women very frequently prescribe that, 'ithe quarters reserved for chaplains, confessors, and preachers are to have a separate entrance and no internal communication with the sections occupied by the religious women." Those apt to reside in such houses are the chaplains and priests who are professors in a college conducted by religious women. It would often be high!y inconvenient and costly to erect a separate entrance for the chaplain or to exclude any internal communica-tion with the sections occupied by the religious women. Con-stitutions are sometimes worded: "If the chaplain lives in the house of the sisters, his apartments as far as possible shall have a separate entrance and shall have no communication with the part of the house occupied by the sisters." (f) Absence. A sister was given permission by the Holy See to reside outside all houses of her institute for a year to prepare a doctoral dissertation. Canon 606, ~ 2 gives superiors the faculty of per-mitting such an absence for longer than six months for the purpose of study or work within the scope of the institute. This study includes private study, for example, in a library or archives. (g) Greater precaution in some countries. The follow-ing article in one set of constitutions is a good illustration of the greater precautions that must be observed in some countries. "Because of native customs~ the mentality of the . . . and his usual interpretation of the association of men and women, it is of suprem~ importance that sisters shall not go into the house of a priest, nor be in any place whatever with a priest or brother or any man, unless in the company of others. "If necessity requires private conversation with the above mentioned, it shall be held in a room open to all." 166 May, 1959 PRACTICE OF THE HOLY SEE 12. Correspondence. Exempt correspondence with the local ordinary. On November 27, 1947, the Code Commission replied that ."exempt religious, in the cases in which they are subject to the ordinary, can, according to canon 611, freely send to the said ordinary and receive from him letters subject to no inspection.''24 It was deduced from this reply that non-exempt religious have this same right only in matters in which they are subject to the local ordinary,s5 Therefore, several con-stitutions of lay institutes recently approved by the Holy See no longer state, "to the local ordinary to whom they are subject," but, "to the local ordinary' in matters in which they are subject to him." 13. Works of the institute. (a) Formation. In replyii~g to a quinquennial report, the Sacred Congregation stated: "The mother general shall labor strenuously for the best possible formation of the novices and postulants, since this is the prin-cipal source of the increase of the congregation." Would that this had been said to all and that the proper education and continued spiritual formation of the junior .professed had been included! A few congregations of sisters have introduced a period of preparation, usually of a month, before perpetual profession,s° A gratifying number now prescribe the juniorate in their constitutions,s7 An even greater number ake imposing the renovation or spiritual renewal. It is usually stated to be of about six weeks' duration and to be made about the tenth year after first pr0fession.28 (b) Works. A comment made to one mother general in answer to her quinquennial report was: "The superior general should be reminded of theobserva-tion made by this Sacred Congregation in response to her previous report, namely, that the sisters should not be burdened with too much work, perhaps to the detriment of their spiritual Bouscaren, 01~. cir., III, 253. Guti6rrez, Commentarium Pro Religiosis, 27-1948-160-61. REVIEW FOR RELIGIOUS, 12-1953-267. sT Ibid., 12-1953-266-67; 14-1955-297-98; 15-1956-317-18. Ibid., 12-1953-267; 15-1956-318. 167 JOSEPH F. GALLEN welfare. Because of this danger, the superiors should take care that the spiritual exercises, when omitted, are made up." Would again that this observation had been addressed to all. mothers general! One set of constitutions recently approved by the Holy See contains the wise provision: "Our sisters are forbidden to take charge of sacristies except ~he sacristy con-nected with the community chapel." This prohibition could well have been extended to several other similar types of work. A few congregations are insisting in their constitutions on the necessity of a suitable library in each house. Higher superiors should inspect the libraries or advert to the absence of them,, in their canonical visitation and should insist on a proper annual outlay for books.~' The following articles of recently approved constitutions are worthy of study by all: "The sisters have the duty to serve all; but the superior shall be vigilant that they do not give their services to the wealthy, when the poor are in need of them, unless higher motives dictate otherwise." "Sisters shall be very careful to do and say nothing that might be construed as disparagement of native customs and manners. Nor shall they try to impose on native people ou~ customs, except such as make for better moral and health conditions." (The rest of this article will appear in the J.uly issue.) ~9 Ibid., 12-1953-26; 269. 168 bleaddresses and Driving [The number of sisters .who drive cars has been steadily increasing in recent years nor is the increase likely to cease. If they drive, they should, as was noted in REVIEW FOg RELIClOUS, 16 (1957), 113, have unrestricted lateral vision, something that is impossible with the headdresses of many institutes of women. It is good, therefore, to see that the Sacred Congregation of Re-ligious has taken cognizance of this need in the following letter.] SACRA CONGREGAZIONE DEI RELIGIOSI Prot. N. 85607~8 O1615 December 17, 1958 Dear Reverend Mother, This Sacred Congregation of Religious would be grateful to you if you would communicate the following to all the members of your Conference of Major Superiors of Women's Institutes in the United States, and to all non-members as well, if this is possible. It is the mind of this Sacred Congregation that the headdresses of those Sisters, who are allowed by their Superiors to drive cars, should be modified, while they are driving, in such a way as to insure unimpeded vision. Though this may involve a temporary departure from the prescriptions of the Constitutions, such a departure is justifiable, especially in view of the danger involved in drivihg without as clear vision as. possible on all sides. Asking God to bless you and the Conference, I remain dear Reverend Mother, Faithfully yours in Christ, (Signed) Valerio Card. Valeri Prefect Reverend Mother M. Maurice Tobin, R.S.M. President, National Executive Committei~ Conference of Major Superiors of Women's Institutes, U.S.A. Bradley Boulevard and Kentsdale Drive Bethesda 14, Maryland, U.S.A. 169 Survey ot: Roman Documents R. F. Smith, S.J. THE DOCUMENTS which appearedin Acta Apostolicae Sedis (AAS) during December, 1958, and January, 1959, will be surveyed in the following pages. All page references to AAS throughout the article will be accompanied by the year of publica-tion of AAS. Activities of Pope John XXIII On November 12, 1958 (AAS, 1958, p. 922), John XXIII issued a motu probrio in which he bestowed special privileges on the clerical conclavists who were present when he was elected Pope; besides giving them a privilege with regard to benefices they may acquire in the future, he also extended to them the privilege of using a portable altar for a reasonable cause and in accordance with the norms of canon 822,. § 3. To the tttotu l~rolSrio is attached a list of the conclavists benefitting by these privileges (AAS, 1958, pp. 923-25). On November 23, 1958, the Pontiff took official possession of his cathedral church, the Lateran Basilica; a detailed account of the ceremony is given in AAS, 1958, pp. 909-21. During the Mass which was celebrated on the occasion the Holy Father delivered a homily (AAS, 1958, pp. 913-21) in which he recalled the history of the ceremony and then considered the ceremony's significance as symbolized by the two objects resting on the altar: the book (the Missal) and the chalice. The book, he told his listeners, calls to mind the fact that all priests must share in the.pastoral mission of the Church to teach sacred doctrine, and to make it penetrate into the souls and the lives of the faithful. The chalice, he continued, is a sign of the Mass and the Eucharist, wherein is found the living substance of the Christian religion: God-with-us. He added that it is from the mountain of the altar that Christians must judge all earthly things; and it is there too that the graves~t problems of the human community should find the principles of an adequate solu-tion. 170 ROMAN DOCUMENTS During the month of December the Vicar of Christ held three consistories, the first of which was a secret one convened on the morning of December 15, 1958 (AAS, 1958, pp. 981-87). At this consistory the Pontiff delivered an allocution (AAS, 1958, pp. 981-89) to the assembled cardinals, telling them of the joy aroused in him by the number of messages sent to him on the occasion of his election and coronation. But with this joy, he said, there coexisted in his heart a great sorrow at the thought of the condition of the faithful in China. Their status, he added, grows steadily worse each day; and he begged the Chinese Catholics to keep in their hearts the strengthening words of Christ: "The servant is not greater than his master; if they have persecuted me, they will also persecute you" tJn 15:20). The Holy Father then nominated and created twenty-three new cardinals; afterwards he appointed Cardinal Masella as Camerlengo of the Church; and then (AAS, 1958, pp. 989-94) announced the appointments of patriarchs, archbishops, and bishops made since the last consistory of cardinals. The co~nsistory closed (AAS, 1958, p. 994) with postulations of the pal.lium. In a public consistory held December 18, 1958 (AAS, 1958, p. 995), the Holy Father bestowed the red hat on the new cardinals; on the same day (AAS, 1958, pp. 996-97) he also presided at an-other secret consistory in which he announced the most recent appointments of archbishops and bishops" and assigned Churches to the new cardinals; the consistory closed with additional postulations of the pallium. The Christmas M~sage of 1958 On December 23, 1958 (AAS, 1959, pp. 5-12), John XXIII broadcast to the world his first Christmas message. The Pontiff begar~ his speech by expressing his profound gratitude for the respect and reverence which had been given him since his election and coronation, commenting especially on the enthusiasm of the citizens of Rome and remarking with satisfaction that the crowds who have thronged to see him included a large number of young persons who thus have shown themselves quick to honor ani4 defend their Christian heritage. These manifestations of respect, he continued, are due in large part to Pius XII who for almost twenty years dispensed the luminous treasures of his wisdom and his zeal for the flock of Christ. This work of Puis XII, he said, is manifested in his .Christmas messages; 171 R. F. SMITH for he transformed, the traditional Christmas message of the Pope from a simple expression of seasonal greetings to a timely discourse on the needs of mankind. The nineteen Christmas messages Plus XII delivered, he went on to say, can be summed up as a constant exhortation to unity and peace. The only condition, John .XXIII added, needed by man to achieve these two blessings is good will; and it is lack of this good will that constitutes the most terrible problem of human history and of human lives. For at its very beginnings human history is m~rked by an episode of blood: a brother killed by a brother; the law of love imprinted by the Creator in the hearts ot~ man was thus violated by bad will which thereupon led man downward on the path of injusiice and disorder. Unity was shattered and the intervention of the Son of God was necessary to reestablish the sacred relationships of the human family. .Since this restoration of unity and peace must always go on, Christ established a Church whose worldwide unity should lead to a recon-ciliation between the various races and nations and to a resolution to form a society.marked by the laws of justice and of fraternity. The theme of unity recalled, to the Pontiff's mind the need to work for the return to the Cl~urch of those separated brethren who also bear the name of Christian. Like the Popes ot: modern times from Leo XIII to Pius XII, John XXIII announced his avowed purpose to pursue humbly but fervently the task to which the words of Christ impel him: "Them also I must bring . . . and there shall be one fold and one shepherd" (Jn 10:16). It is impossible, the Pope went on, not to think at this time of those parts of the world which have become atheistic and materialistic and in which there exists as a result a slavery of the individual and the masses together with a slavery of both thought and action. The Bible tells us of a tower of Babel attempted in the beginnings of human history; as it ended in confusion, so too the new tower of Babel will end in the same way; meanwhile, however, it remains for many a great illusion, and only a strong apostolate of truth and Christian brotherhood can arrest the grave dangers that threaten from this source. In conclusion His Holiness pointed out that the time of Christ-mas is a time for good works and for an intense charity; it is in fact the exercise of such deeds that give substance to the civilization that bears the name of Christ. Christmas, then, he ended, should mark the maximum of our help towards the needy of every kind. 172 May, 1959 ROMAN DOCUMENTS Allocutions of pope John XXIII On November 15, 1958 (AAS, 1958, pp. 997-1006), John XXIII delivered analloci~tion to the third annual meeting of the Episcopal Council of Latin America, beginning his speech by stressing the importance of Latin America in the Church. One hundred million Catholics, almost one-third of the Catholic world, are to be found there; hence it is most important that the.faith be kept growing in the countries of that region. "The responsibility for ths growth, he added, lies on the bishops of the area~. Urging the bishops to look into the future, His Holiness suggested to them that their long-term 13rogram should have as its goal an organic reenforcement of ~he basic structures of ecclesiastical life in their regions; this program, he added, will entail an intensive study of the vocation problem of Latin America. While looking to the future., the Vicar of Christ continued, they should not neglect to meet the present spiritual necessities of their dioceses; hence they must study how to best us~ the activities of priests and religious who are presently available. The Pontiff urged them to explore the possibilities of radio for teaching catechism to the faithful who are removed from a parish center and .suggested a program of mission-giving in localities where parish organization is insufficient~ Finally he urged them to secure aid for their needs iCrom religious orders and congregations and from those parts oi: the Catholic world where the clergy is more numerous. On November 21, 1958 (AAS, 1958~ pp. 1019-22), John XXIII sent a radio message to the people of Venice on the occasion of the regional feast of our Lady, Health of the Sick, urging the members of his former diocese to practice a devotion to our Lady that would lead to the development of their spiritual lives. On November 27, 1958 (AAS, pp. 1006-10), the Pope delivered an allocution at the Lateran for the opening of the academic year. He told his audience that the principal program in ecclesiastical universities is" the study of that divine science which the Bible contains and resumes. This study, he added, includes the deduction of practical directives for the apostolate. He further remarked that the accord between en-ergetic pastoral activity and the constant cultivation of good studies is one of the purest consolations of the priestly life, concluding his remarks by exhorting his listeners to a frequent reading of the fathers and doctors of the Church. 173 R, f. SMITH Review for Religious On November 29, 1958 (AAS, 1958, pp. 1010-12), the Vicar of Christ delivered an allocution to Cardinal Wyszynski and the Polish Catholics living in Rome, warning themnot to be misled by fallacious and materialistic theories of life nor to be seduced by movements which call themselves Catholic, but in reality are far from being such. On Nov, ember 30, 1958 (AAS, 1958, pp. 1012-17), His Holiness celebrated Mass for the students of the. College of the Propaganda of the Faith, afterwards delivering an allocution in which he listed the principal qualities that a priest must have. The first of these is purity, for it is this that constitutes the glory of the Catholic priesthood; any weakness in this matter, or compromise, is always deception. "A life of purity," he remarked "is always poetry and freshness; always joy and enthusiasm; always a captivating winner of souls." Priests, he continued, must also possess meekness and humility; for these sum up the teaching of Christ, and success is given only to the humble of heart. Finally a priest must possess the knowledge which is necessary for the spread and defense of truth and must have within him the spirit of sacrifice and of the cross. On December 1, 1958 (AAS, 1958, pp. 1017-19), John XXIII gave an allocution to the Shah of Iran and his entourage, expressing his interest in Iran and noting with satisfaction the cordial relations that exist between the Catholics of Iran and their government. Allocutions of Pope Pius XII AAS for the two-month period being surveyed included the text of four allocutions of the late Pius XII. The first of these was given on September 21, 1958 (AAS, 1958, pp. 943-47), to the Twelfth International Congress of Philosophy: He pointed out to his listeners that the thinkers of the Middle Ages came to realize that it was through the sup.ernatural truth of ~he Christian faith that the human mind becomes fully aware of its own autonomy, of the absolute certitude of its first principles, and of the funda-mental liberty of its decisions and its acts. More than this, revelation shows the inquiring mind the concrete reality of its actual destiny and its call to a participation in the life of the triune God. Lament-ing the fact that the religious crisis of the Renaissance led thinkers first to replace the living God with an abstract Deity demonstrated by reason but a stranger to His own work and then to an ignorance 174 May, 1959 ROMAN DOCUMENTS of Him or even to opposition to Him as to a harmful myth, the late Pope recalled to his audience the words of St. Augustine: "If God is wisdom, then the true philosopher is he who loves God." On September 23, 1958 (AAS, 1958, pp. 947-52), Plus XII gave an allocution to sixty rectors of major seminaries in Latin America, telling them that the vocation problem of Latin America would be solved only if present-day seminarians were trained to be perfect apostles, actual personifications of the gift of oneself for the love of God and of souls, and men of prayer and sacrifice. He also noted that while priests of today must be deeply concerned with modern social probleins, this social preoccupation must not lead them to abandon the priestly work of teaching, of hearing confessions, "and of conducting divine worship; the priest must always remain a priest. Finally Plus XII urged his listeners to inculcate into their seminarians a filial obedience to their legitimate authorities. Citing St. Thomas, he pointed out that obedience is more praiseworthy than the other moral virtues, adding that obedi-ence is necessary in the Church as never before, since in the face of the Church's difficulties, the greatest unity is needed. On the Saturday before his death, October 4, 1958 (AAS, 1958, pp. 952-61), Plus XII spoke to the tenth national Italian Congress of Plastic Surgery. Christianity, the Pontiff pointed out, has never condemned as illicit the esteem and ordinary care 'hi~ physical beauty. Nevertheless, Christianity has never regarded this beauty as the supreme human value, for it is neither a spiritual value nor an essential one. Since physical beadty is a good and a gift of God, it should be appreciated and cared for; but it does not impose an obligation to use extraordinary means to preserve it. Suppose, the late Pontiff continued, that a person desires to undergo plastic surgery meri~ly from the wish to have a more beautiful face; in itself this desire is neither good nor bad, but-takes its moral cast from the circumstances that surround such a desire and its execution. Thus it would be illicit to undergo such an operation to increase one's power of seduction or to disguise oneself in order to escape justice; on the other hand there are motives that legitimize such surgery or even make it advisable. Such, for example, would be the desire to remove deformities or imperfections which provoke psychic difficulties or prevent the development of one's public or professiorlal activity. 175 R. F. SMITH Review for Religiol~s In the concluding section of his allocution, Pius XII took up some psychological considerations, noting that some grave psychic difficulties can be occasioned by the knowledge of physical defects. These difficulties, he remarked, may develop into profound anomalies of character and may lead even to crime and suicide. In such cases, he told the surgeons, to assist by means of plastic surgery is an act of the charity of Christ. AAS, 1958, pp. 961o71, gives the text of an allocution which Plus XII had planned to give on October 19, 1958, to the students of the seminary of Apulia. Priestly formation, wrote the Pontiff, must be founded on a profound conviction of the sublime dignity of the priesthood. Granted this conviction, the seminary must strive to form the seminarian to regard himself as one who will be a depository of divine power and as one whose life will not be his own but Christ's. The seminarian must be trained to a priestly vision of the world in which human beings are seen as tabernacles --actual or potential--of the indwelling God. Though as a priest he will live in the world, he will not be its prisoner, being satisfied with the honor of being a cooperator with God. In order to make himself a fit instrument for the hands of Christ, the seminarian will seek to make himself the perfect man of God. Hence he will cultivate his intellect, grow in the natural virtues without which he is liable to repel people, and above all he will build up a supernatural sanctity which is the primary factor in making a priest an instrument of Christ. At this point in the text Plus XII stressed the necessity of knowledge, especially of theology, for the efficacy of the apostolate; the Caiholic faithful, he declared, desire priests who are not only saintly, but also learned. Study then should be the seminarian's and the priest's ascesis. Finally the seminarian should train himself (o perseverance. The progress of the years with its multiplication of fatigue and .difficulties, its diminution of physical and psychical powers may cause in a priest the obscuring of his ideals. Moreover, the feverish rhythm of modern living and the disorientation so widespread among men will concur to create within the priest internal crises. The seminarian then must foresee all these diffi-culties and begin now to arm himself against them. Miscellaneous Matters By a decree dated May 29, 1958 (AAS, 1959, pp. 42-44), the Sacred Congregation of Rites approved the introduction of the cause 176 May, 1959 VIEWS, NEWS, PREVIEWS of the Servant of God. Pauline von Mallinckrodt (1817-1881), foundress of the Sisters of Christian Charity. On October 8, 1958 {AAS, 1958, p. 973), the Sacred Penit~_ntiary answered a question submitted to it by stating that the faithful may gain indulgences attached to the rosary even when the leader of the rosary is present only by means of radio; however, such in-dulgences can not be gained if the prayers transmitted by the radio are not actually being recited by a person, but are only repro-ductions by records, tapes, or some similar means. On November 22, 1958 (AAS, 1959, pp. 48-50), the Penitentiary published the list of apostolic indulgences; and on December 12, 1958 {AAS, 1959, p. 50), it noted that Pope .John XXIII had granted an indulgence of three hundred days whenever the faithful say with contrite heart the aspiration: "O Jesus, king of love, I trust in your merciful goodness"; moreover, under the usual conditions, they can gain a plenary indulgence provided they have said the aspiration daily for a month. Two matters of precedence were settled by decrees of the Sacred Ceremonial Congregation. On April 19, 1958 (AAS, 1959, pp. 45-4-6), the Congregation assigned the place of the Commissary of the Holy Office at Papal functions; and on May 15, 1958 (AAS, 1959, pp. 46-47}, it assigned the place of the Prefect of the Palatine 'Guard in the Pontifical courtroom. Views, News, Previews THE INSTITUTE FOR RELIGIOUS at College Misericordia, Dallas, Pennsylvania, (a three-year summer course of twelve days in canon law and ascetical theology for Sisters) will be held this year August 20-31. This is the third year in the triennial course. The course in canon law is given by the Reverend Joseph F. Gallen, S.J., that in ascetical theology by the Reverend Thomas E. Clarke, S.J., both of Woodstock College, Woodstock, Maryland. The registration is restricted to higher superiors, their councilors, general and provincial officials, mistresses of novices, and those in similar positions. Applications are to be addressed to the Reverend Joseph F. Gallen, S.J., Woodstock College, Woodstock, Maryland. The Servant of God Pauline von Mallinckrodt, who figures in one of the documents considered in this issue's "Survey of Roman 177 VIEWS, NEWS, PREVIEWS Review for Religious Documents," was born at Minden, Westphalia, in Germany on June 3, 1817. She was the oldest of four children born to a marriage in which the husband was Protestant and the wife Catholic. After her mother's death, Pauline took charge of the household, interesting herself also in work for the poor and showing a special interest in thc care of blind children. After her father's death these interests absorbed more of her time and energy; out of this work grew the decision to found a new religious institute for women. The institute was founded in 1849; it was based on the Augustinian rule and was called the Sisters of Christian Charity. The new institute grew rapidly throughout Germany and emphasized the education of the young. With the coming of the Kulturh~tn/~[ Pauline, as guperior general, began sending her religious to the New World; in 1873 the first house of the institute was opened in the United States; and in 1874 in Chile. In 1877 Mother Pauline was forced by political conditions in Germany to remove her generalate to Belgium. She visited her foundations in the United States twice; before her death on April 30, 1881, she was able to see the beginning of the restoration of the work of her sisters in Germany. A life of the Servant of God has been written by Katherine Burton under the title, Whom Love Impels (New York: Kenedy, 1952). The annual Mariology Program at The Catholic University of America will be offered for the third time in the 1959 summer session. Registration dates are June 24-27; class dates are June 29-August 7. Courses are open to undergraduate as well as graduate students, and carry credit towards degrees in the field of religious education. A certificate is awarded to those who complete a full two-summer program in Marian theology. The courses are under the direction of the Reverend Eamon R. Carroll, O. Carm. Courses scheduled for 1959 are General Mariology (2 credits) and Mary in Scripture and in Tradition (2 credits). A folder with fuller in-formation is available from the Registrar, The Catholic University of America, Washington 17, D. C. \ The Lord's chaplet, which is mentioned in Pope John XXIII's grant of apostolic indulgences, is said to have been begun by a Cam£1dolese monk, Blessed Michael Pini. The chaplet consists of thirty-three small beads and five large ones attached to a small cross or medal. Recital of the chaplet consists in saying thirty-three 178 May, 1959 QUESTIONS AND ANSWERS Our Fathers in honor of the traditional thirty-three years of Christ's life on earth, adding five Hail Marys in honor of His five wounds, and ending with the recital of the Creed in honor of the Apostles. Pope Leo X was the first to grant indugences for the saying of the chaplet, and later Pontiffs followed his example by renewing and increasing the indulgences for this work of piety. During the week of June 8, St. Louis University will offer an Institute in Liturgical and School Music and an Institute in Pastoral Psychiatry, the latter for priests and qualified religious brothers only. From July 27 to August 28, the Department of Education, in cooperation with Mexico City College, will offer a Workshop in Human Relations and Group Guidance. Courses of special interest to religious during the regular six-week session from June !6 to July 24 arc: Sacramental Life; Sacred Scripture; Selected Topics in Moral Theology; Faith and Redemption; God, Creator, and His Supernatural Providence; Current Liturgical Trends and Their Prob-able Goals. For information and applications, contact the Office of Admissions, Saint Louis University, 221 North Grand Boulevard, Saint Louis 3, Missouri. Housing for religious can be arranged by writing to the Reverend Charles L. Sanderson, S.J., Dean of Men, Chouteau House, 3673 West Pine Boulevard, St. Louis 8, Missouri. REVIEW FOR. RELIGIOUS has been asked to inform its readers that instruments of penance may be secured from Monast~re du Carmel, 104 rue de Namur, Louvain, Belgium. Further information on the subject can be had. by contacting the above address. i ues ions and Answers [The following answers are given by Father Joseph F. Gallen, S.J., professor of canon law at Woodstock College, Woodstock, Maryland.] --17- What is meant by the statement that religious profession remits the temporal punishment due to sin? 1. Plenary indulgence. There are two reasons for asserting that a plenary indulgence is attached to any juridical religious profession whatsoever. (a) Since any novice who makes profession in danger of death has been granted a plenary indulgence, the same concession "extends, 179 QUESTIONS AND ANSWERS Review for Religion,s and even afortiori, to any juridical religious profession whatsoever. {Pejska, Ius Religiosorum, 110; Cervia. De Professione Religiosa, 143) (b) On May 23, 1606, Paul V granted a plenary indulgence to any novice who was repentant, had gone to confession, received Holy Communion, and had made religious profession after the completion of the canonical year of probation. At the time of this concession, there was only one religious profession; and that was solemfi. We may therefore argue that the indulgence was granted because of the religious profession as such, since there was only one, and consequently that it now applies to any juridical religious profession whatsoever. (Cervia, op. ~'it., 143-44; Schaefer, De Re-llgiosis, n. 959 and note 816; Regatillo, Institutiones Iuris Canonici, I, n. 714, 6°. Wernz-Vidal, Ius Canonicum, III, De Religiosis, 320 and note 156, hold this doctrine only for solemn profession. Raus, Institutiones Canonicae, 311, and Coronata, Institutiones Iuris Ca-nonici, I, 752, hold the same doctrine at least for solemn profession.) The remission of the temporal punishment under both of the preceding titles is by way of an indulgence, that is, the remission before God of the temporal punishment due for sins wh.gse guilt has already been forgiven, and granted by competent ecclesiastical authority from the treasury of the Church, that is, the infinite satisfaction of Christ and that of the Blessed Virgin and the saints (c. 911). The source of an indulgence therefore is this concession by competent authority from the treasury of the Church, not the value, dignity, nor excellence of the indulgenced act considered only in itself. 2. From the intrinsic perfection of religious profession. Fathers of the Church speak of religious profession as a second baptism. This is interpreted to mean that a remission of all the temporal punish-ment due to sin is effected by a profession made in the state of grace. Some theologians attribute this effect to divine generosity, that is, God remits all punishment of anyone who gives himself completely to God. The more common opinion is that the effect has its source in the intrinsic perfection of religious profession and especially in the charity that is so conspicuous in this profession. The purpose of the three essential vows of religion is perfect charity, that is, the affective abandonment of all created love for the perfect love of God. This effect, therefore, is not infallibly attached to religious profession, since it depends on the subjective perfection of the act of profession. The entire temporal punish- 180 May, 1959 QUESTIONS AND ANSWERS ment is remitted only when the act of profession constitutes a condign satisfaction, by means of an act of perfect charity, for all the punishment due to the sins of the one making profession. All temporal punishment is not remitted when the debt of such punish-ment is great and the act of profession is only of a low degree of charity. (Pruemmer, Ius Regularium Speciale, q. 65; Piatus Montensis, Praelectiones Juris Regularis, I, 164-65; Cotel-Jombart- Bouscaren, Principles of the Religious Life, 69) The effect is founded either on the fact that one gives himself completely to God or especially in the act of perfect charity that is distinctive of religious profession. Neither of these fact~ is proper to solemn or perpetual profession. Any juridic.al religious pro-fession is, in its object and purpose, a profession of complete Christian perfection and of perfect love of God. The only pc~ssible defect in a temporary profession, is the limitation of time; but this is offset by the intention of the one making profession, who intends to renew his vows unless an obstacle intervenes in the future 488, 1°). Furthermore, an institute that has only temporary vows is no less a religious institute and no less a state of complete Christian perfection than a congregation of simple perpetual vows or an order (c. 488, 1°). Therefore, this effect also is true of any juridical religious profession whatsoever. (Cervia, 0p. cir., 143-44; Cotel-Jombart-Bouscaren,. ibid.; Raus, ibid., Schaefer, ibid.: Fanfani, Catechismo sullo Stato Religioso, n. 248. Coronata, ibid., holds this doctrine at least for solemn profession; and Vermeersch- Creusen, Epitome Iuris Canonici, I, n. 735, hold the same doctrine for perpetual profession, whether solemn or simple.) 3. Public or private devotional renewal of vows. (a) The religious of any order or congregation who .privately renew their religious vows with at least a contrite heart, after celebrating Mass or receiving Holy Communion, may gain an indulgence of three years (Raccolta, n. 756). The indulgence extends also to a public devotional renewal, provided it is made after the celebration of Mass or the reception of Holy Communion. (b) The intrinsic effect described in number 2 above only probably applies to a devotional renewal of vows. The affirmative arguments are that a renewal is subjectively a new gift of oneself to God (and God especially regards the intention) and that a renewal is often made with greater love of God. There is consequently no obstacle to the merit and complete satisfaction of a renewal. Others reply that one cannot give again what he has 181 QUESTIONS AND ANSWERS Review for Religio~ts already given so irrevocably and that the possible greater subjective value is a mere concomitant rather than anything intrinsic to a renewal. Authors conclude this part of the question by quoting the opinion of Passerini, that is, a renewal is undeniably of great dignity, merit, and satisfactory value; that it is known to God alone how much of the temporal punishment is remitted by this act; and that such remission is proportionate to the individual debt of punishment and the individual fervor of the satisfaction of the renovation. (Piatus Montensis, 0/~. ~:it., 165-66; Pruemmer, 0p. cir., 72; Cotel-Jombart- Bouscaren, op. cir. 70, note 1) 18 Our congregation makes great sacrifices and manifests an equal trust in divine providence by bearing the expenses of our education and attendance at conventions, work shops, orientation and refresher " courses, and so forth. A primary purpose of such courses is to stimulate our interest in new books, new periodicals, new idea~, new techniques, and so forth. When announcements of such things are sent to our houses, most superiors drop them in the waste basket. The same thing is done to questionnaires sent to our houses, and religious are often accused of being uncooperative in filling out rea-sonable questionnaires. Most of our superiors distrust a, new idea either in the spiritual or religious life or in work. Publications con-taining such ideas are often withheld from us,. and this is true also of those that have. passed ecclesiastical censorship. Are we so poorly formed spiritually, so badly educated, so immature that we cannot distinguish a sound idea from one that is fallacious? Experience has proved to me that the complaints in such ques-tions are not always without foundation, nor are they confined to one institute. It is clear that such announcements should be made readily accessible to the religious who are apt to be and should be interested in the matter, for-example, a publisher's mailed an-nouncement of a book often long precedes any news of the book in catalogues or periodicals. It is equally evident that religio~us should cooperate in filling out reasonable questionnai.res and similar requests for information. The distrust of new ideas is a disease as old as it is distressing. Obscurantism, the opposition to the intro-duction of new and enlightened ideas and methods, should have no part in a faith that is secured by infir~ite knowledge and veracity. As we have stated before, the easiest way to make religious childish is to train and treat them as children. This is not the doctrine of 182 May, 1959 BOOK REVIEWS the Church. Pope Pius XII stated: "For this reason, those in charge of seminaries, . . . as the students under them grow older, should gradually ease up strict surveillance and restrictions of every kind, to the end that these young men may learn to govern themselves and realize that they are responsible for their own conduct. Besides, in certain things superiors should "not only allow their students some legitimate freedom but should also train them to think for themselves, so that they may the more easily ~ssimilate those truths which have to do either with doctrine or practice. Nor should the direc-tors be afraid to have their students abreast of current events. Even more, besides acquainting them with news from which' they may be enabled to form a mature judgment on events, they should encourage discussions on questions of this kind, in order to train the minds of the young seminarians to form well balanced judg-ments on events and doctrines." {Apostolic Exhortation, Menti nostrae, Acta Apostolicae Sedis, 42-1950-686) Why are there several articles on the sacristan and the porter in the constitutions of lay institutes? The Normae of 1901 prescribed that there were to be two distinct chapters on these duties (n. 317); and even in recent years the Sacred Congregation of Religious has at times, but not always, inserted articles on these two duties when they were not included in the text proposed to the Sacred Congregation. Both duties have some importance, but it is difficult to see why they are included in the constitutions. These are supposed to contain only the more fundamental and important norms of the institute. The difficulty is intensified when the constitutions, as is occasionally true, include articles also on the cook, refectorian, wardrobe keeper, and store-keeper. A section of the custom book can be devoted to rules on the minor duties. It would be more in conformity with the nature, dignity, and importance of the constitutions to confine the rules for all such duties to the custom book. Book Reviews [Material for this department should be sent to Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West Baden Springs, Indiana.] JOY OUT OF' SORROW. By Motker Marie des Douleurs. Translated by Barry Ulanov and Frank Tauritz. Westminster: Newman Press, 1958. Pp. xvii, 169. Paper $1.50. 188 BOOK REVIEWS Review for Religious If God can draw straight with crooked lines, it is also true that He can put great sanctity in souls enclosed by the crooked bodies of the sick and crippled. Joy Out of Sorrow (the title itself suggests a paradox) is an attempt to bring the sick and suffering closer to the Divine Physican that He may cure them. "It is sad to notice how often sick people, all people who are suffering in any way, retreat from the work~, refusing to accept their suffering." Thus wrote a woman in France in early 1930. Sickness and infirmities, she thought, should not be hurdles in the race for spiritual perfection, but definite helps to be used along the way. These cardinal points were to form the basis for her Congregation of Jesus Crucified, approved by the Cardinal- Archbishop of Paris in 1931. These same principles led to the up-building of this spiritual edifice to such an extent that in 1950 it was made a pontifical institute. This is a truly unique religious group, for each member is sick or handi-capped in some way. This book, Joy O~t of Sorrow, is a series of confer-ences given to the members of her order by Mother Marie des Douleurs, the foundress and prioress-general. The sixty-four talks are divided under the five headings of Daily Rofitine, Developing Personality, Ourselves and Others, Our Interior Life, and the Liturgical Year. The reader will be impressed by the personal, conversational style, the familiarity with the writings of the masters of the spiritual life, the example~ from the Gospels, and the ~minently practical (or should the word be spiritual?) sense. In line with the practical approach, the subjects of these conferences refer to the particular trials of the sick: the doctor's visits, fear, boredom, selfishness, courage, joy in the midst of trials, and topics relating to the liturgical year. These conferences are short, yet long enough to provide the spiritual medicine needed by those whom sickness has claimed as its victims. The Library of Congress classifies the subject matter of the book as affliction. It would be more correct to say that the only real affliction mentioned in this book is the failure to bring true joy out of sorrow by re-fusing to accept the cross of suffering. No infirmary of religious will want to be without this book.--LEE J. BENNISH, S.J. BENEDICTINISM THROUGH CHANGING CENTURIES. By Stephanus Hilpisch, O.S.B. Translated by Leonard J. Doyle. Collegeville: Liturg-ical Press, 1958. Pp. 172. $3.00. A HISTORY OF BENEDICTINE NUNS. By Stephanus Hilpisch, O.S.B. Translated by Sister M. Joanne Muggli, O.S.Bo Edited by Leonard J. Doyle. Collegeville: Liturgical Press, 1958. Pp. 122. $3.00. THE HOLY RULE: NOTES ON ST. BENEDICT'S LEGISLATION FOR MONKS. By Hubert Van Zeiler. O.S.B. New York: Sheed and Ward, 1958. Pp. xii, 476. $7.50. Thr~e books on Benedictinism, two from Collegeville and one from New York, two on the history and one on the rule, have appeared recently. The one from New York, on the rule, is from the energetic pen of Dom Hubert; and the other two from Stephanus Hilpisch's second- and third-volume contributions to the German collection Benediktinisches Geistesleben. Just 184 May, 1959 BOOK REVIEWS a cursory glance at Benedictinism through Changing Centuries would lead one to suspect German scholarship had been at work, for 156 pages of text are followed by a small-print index running to nearly fourteen pages with about 1200 subject headings alone. How to squeeze 1200 subjects, many of them several times, into 156 pages without making the book suffer from the same kind of disunity most dictionaries show was indeed the author's problem most of the way through the work. This is a handbook, really, of Benedictine spirit and historical development from tiny begin-nings through the rise of prince abbeys down to modern foundations. It covers just about every point and gives even small foundations due though brief mention. The pity of it is that large ones get little more. Absolving thh famous monastery of Bec's history in a line or two is little short of a scandalous slight. Nor has the author added color or a third dimension in spite of the fact that for the materials of his history he has had the incredible riches of the history of the Benedictines to draw upon. Jejune is the adjective one must finally settle on to describe the work. However, the book is a reference manual which belongs on the library shelves of those orders and congregations who derive from the great Father of Western Monasticism. It has a useful fold-out chart and map showing lines of modern American Benedictine development, some tables, and even a tworpage treatment of Anglican Benedictines, who, after initial and de-pleting losses to Rome, again seem to be making progress in giving their foundations a firmer, if heterodox, stability. One who read~ the book will have a clearer idea of not only the scope of St. Benedict's original contribu-tion, and of his namesake's (Benedict of Aniane), but also of the sturdy value of that contribution as it has proved itself over and over again down the centuries. The list given in the book of current Benedictine periodicals is an indication that the contribution continues to be made. The jacket flap of a History of Benedictine Nuns informs us that "although various individual Benedictine congregations and houses have been fortunate to have their history written, the Benedictine Order of nuns and sisters as a whole has never been so honored." Rather than begin in medias res, the book starts with a twelve-page history of pre-Benedictine forms of Church-approved states of virginity for women. Once in its own proper matter, it too has its problem of avoiding the "dictionary effecl?'; but its complete index at the end will make it a valuable reference work, as will its extensive tables, charts, maps, and bibliography, which last is more extensive than the one in the first volume' of Father Hilpisch reviewed here. One who has delved a little into the history of medieval convents and nunneries will not be surprised at what he reads here, but he will probably find additional facts about the development and details of the life of these nuns and sisters to help him fill out the general picture. Among the more curious items are some relating to the powers, ordinary and extraordinary, of the abbesses. Among these latter, for instance, was the privilege of the Abbess of the Prince Abbey of St. George in Prague. She, along with the Archbishop of Prague, had the right to crown the queen. Other interest- I85 ]~OOK REVIEWS Review for Religious ing items pertain to offices performed by some of the sisters which would be ~of interest to their present-day counterparts. Often enough the music directress had to compose as well as teach. The sister infirmarian also played an important role: she not only took care of 'the sick, but was physician and pharmacist in the convent and in this latter capacity drew her materials from the convent's own herb garden, where the elements of her potions and poultices could be grown. She also seemingly had to be hostess to each of the sisters three or four times a year as they came in turn to the infirmary for their periodic bloodolettings. We come finally to deal with a book about the basisof all this history, the rule of St. Benedict. Dom Hubert Van Zeller's The Holy Rule is an informed study and commentary on that rule, so complete that he will even tell one what sarabaites and gyrovagues are. The study is informal, too, because it avoids much critical apparatus. One sometimes has the feeling here that Dom Hubert has edited lectures originally intended for novices or junior religious. Whatever its origin, the commentary is conservative, solid, and filled with much common sense. Those who hear it or read it will gain in the knowledge and appreciation of one of the most significant documents in the history of mankind as well as understand the views of Dora Hubert, highly qualified indeed to have them, about the nature of the monastic vocation. Perhaps even th~se who do not read or hear this book will have much of its matter relayed to them by retreatmasters who will be drawing on its copious wisdom for decades to come, and perhaps even longer. Whether all will find this particular expression of Dora Hubert's views as stimulating as he could have made it is an interesting question. It is not clear, for instance, that some of the illustrations from the ancient desert fathers (of the type familiar to Rodriguez readers) really advance the thought or prove to be valuable illustrations, though they may be entertaining. Granted there is an attractive quaintness to such narratives, along with a highly exaggerated moral, is it not possible that a long succes-sion of such stories will so color the mind of the sheltered religious reader that he may adopt an unreal, romantic attitude towards what he comes actually to consider his quaint vocation? Such an attitude disarms him in case there should develop in him a genuine crisis, or even a struggle to save his vocation. The fight is real, but his weapons--prin-ciples he has learned from such quaint narratives and which have never been effectively divorced from the fairy-tale atmosphere--his weapons, be it repeated, are toys. The foregoing criticism should not be construed as indicative of small worth in Dora Van Zeller's book. This is a valuable commentary and most religious libraries will want to have a copy on the shelves, since in the general mass of matter every religious will find many points to help him. Some significant items in the mind of one reader were the following: the Holy Rule is explicit on the point that obedience is the way a religious fights for the King (p. 3); "St. Benedict would have us live creative lives,, not merely ordered lives" (p. 5); "the grace of state is like any other grace; it guides and strengthens, but does not compel or ~uarantee 186 May, 1959 BOOK REVlEWS (except in the case of the Papal prerogative) supernatural intervention" (p. 43). What Dom Van Zeller says in favor of bodily mortification (p. 60), silence (p. 90), poverty (p. 2331, and care of the dying (p. 247) is remarkably pointed and helpful. So also what he says about singularity in the religious life: "The monk who wants the reputation for sanctity presumes to something he has no right to claim. He is identifying the name with the state, he is leaving out the factor of grace".(p. 318). His comments on these things show spiritual .insight and depth; and we are fortunate to have him share his light with us, just as he was fortunate to have the great St. Benedict share his light with him in the Holy Rule. --EARL A. WzlS, S.J. A STRAN(~ER AT YOUR DOOR. By John J. PoweIl, S.J. Milwaukee: Bruce, 1958. Pp. 120. $2.50. For the reader who is convinced that there neither is nor can be anything new in the field of apologetics, Father Powell's poetical prose will demand a change of opinion. The matter of apologetics, it is true, is the same; this book treats the traditional topics: Christ's claims upon us, the reason for them, His influence on our lives, His right to influence our lives. But gone are the technical language of theology and the bare bones of the textbook. In their place the modern reader meets examples taken from the year 1959, language that he hears on the street corner, an impact that is directed to him, individually, today. Our mind, ever seeking the rational basis for its belief, here finds that basis put forth in the idiom of today. The housewife at her cleaning, the diplomat at his desk, the soldier in Korea, the most popula.r girl on the campus--all these will find that this book is written for them in a l~nguage that they under-stand.~ Christ, of course, is the stranger at the door. He stands there--who knows how long?--until we recognize Him; then He asks us one question: "Who do you say that I am?" That timeless question comes echoing through the centuries into the life of every individual; his answer to it determines his peace of mind and eternal salvation. The question can be ignored or buried beneath worldly pleasures and desires, but some time or other it must be answered and the answer is of paramount, yes, eternal importance. Father Powell's meditati~;e and reflective presentation of the basis for Christ's claims on our allegiance will help the Catholic to reaffirm and strengthen his faith. It will also give him many a new insight. This is a book for the prospective convert also, for the sincere inquirer who wants to know just who this

Issue 12.4 of the Review for Religious, 1953. ; The Spiril: ot: SI:, Clare and I-ler Order Sister M. Immaculata, P.C: CEVEN centuries'ago, on August 11, 1253, the shadows of death ~ were lengthening around a group of sorrowing nuns whose ~ foundress and Mother lay dying. In ecstatic joy, she clasped to her heart a roll of parchment sealed with the Fisherman's seal. Clare Sceffi, a. noble lady of Assisi, had fled from her castle home when she was eighteen to follow Francis Bernardone. Francis had dreamed of adventure for. Christ, and no one had caught~ the flame of love that burned in his heart more ardently than Clare. Fran~is's course had now been run a full quarter of a century, and he was already b.eing venerated as the great saint whose popularity would grow even to our own day. pope Innocent IV had ascended the throne of Peter but the year before. His keen vision scanned the lower!rig storm clouds over a Europe ever beset by the Moslem threat. Could he but make the rulers of the Christian countries bestir themselves out of their com-fortable and only too often lustful letha/gy, to heed his call "God wills it !" With the burdens of ~his exalted, office heavy upon him, he, the Vicar of Christ thought of one little virgin, hidden behind cloister walls in Assisi. He knew Clare, heard she was dying; and he remem-bered the intrepid courage with which she had pleaded with him and some of his predecessors for approval Of her Rule, and of the Seraphic poverty to which she and her Daughters aspired. Innocent, like several Pontiffs before him, had,hesitated to approve a rule of life requiring such poverty as Saint Francis had bequea.thed to Saint Clare and her Daughters. Men, they thought, might oblige themselves to observe it,-but what of cloistered nuns? What would become of a community thus deprived of all revenue and financial security? Innocent was thinking of Clare, thinking of how she lay dying, her one wish and desire unfulfilled. He did not send her a message of comfort and his blessing. Under the inspiration, no doubt of~ the Holy Spirit, he grasped his pen, signed the Bull of approval con-taining her Rule; and then, with his retinue, turned his face toward Assisi. There at San Damiano he entered tl~e lowly cell of Clare and placed in her hands the approval for which she had prayed and 169 SISTER M. IMMACULATA Re~evo :or Religious ~)leaded and suffered for over f.orty years. We can imagine" the astonishment of Clare and her Sisters when the Holy Father himself stood at the convent portals. How she must have pre,ssed that docu-ment to her heart and sung her last hymn of love to Christ her Spouse. Clare had imbibed th.e spirit of Francis at its source, .cher-ishing it firmly and wholly, and bequeathing it to her Daughters as they knelt at her death bed. And they have cherished, loved, and guarded it. They have preserved it unchanged since 1253. Through 700 years the Rule of Saint Clar~ has often been buffeted by storms, and has been wounded at times by the infidelity of her children, but it has always emerged in its first freshness and .strength. It still lives in 1953, and today there.are 19 houses of Poor Clares in the United Stat~s. Our modern age has not been able to undermine the observance of the Rule nor destroy its spirit. The order has grown silently, spreading its branches in neaily every country of the world. No nationality but has found the Rule and its spirit congenial, so that the daughters of Saint Clare scattered throughout the countries of the world have always been able to adapt themselves to her Rule, which .has proved .independent of time or place. Today our American girls still observe the Rule Innocent IV placed in the hands 0f the dying foundress. " What is the spirit, contained in the Rule of Saint Clare? As. in ¯ her own time, her Daughters live a contemplative life in strict en-closure. The spirit, one of poverty, love of prayer leading to closest union with God, is joyous, and their personal sanctification is as much for the efficacious gaining of gra~e for"soul~ as for the strength-ening of the bond of love in the order. It is a life of joyful giving, closing the doors to what the world calls pleasure by the vow of en-closure, thus finding the treasure which is worth more than all pos-sessions. Though it embraces the deprivation of "the things the world de-sires and cherishes, this seclusion with its penance does not entail a sad, bleak; and joyless existence. It is not the thing~ that are barred from the cloister which bring peace and joy to the soul, but those that are found within, of which the world knows nothing. There is song in the heart of the cloistered nun. for she is not burdened with the superfluous gadgets and noises which fill so many hours of our com-plex modern life. Saint Francis has been coi~sidered a model of penance and self-abnegation, but was ever saint more joyous? Hadever a saint a heart 170 ,July, 1953 SPIRIT OF ST. CLARE more full of music? His seemed to be an overflowing fountain of happiness, and he communicated it to those around him. In this, as in all else, Saint Clare was his faithful follower. Penance for her was not practiced for penance's sake. It was an outlet for the love burning in her heart ,and reaching out for more adequate fuel to feed its flame. This joyous spirit still pervades the cloisters where the Daughters of Saint Clare follow in her footsteps and observe her Rule. Their hearts are the cups that still hold the happiness of which the world has now so little, because their lives are still spent in genuine love and wholehearted giving. The worlff today is filled with sorrow and suffering,, and count: less hearts.are bearing a burden they could well consider supreme penance, did they but think of accepting all in a spirit of penance. The heart's most loving, if inarticulate, acceptance of penance is the willing b~aring of the unwelcome burdens so often placed on it by God. To be silent and lovingly resigned is always, to practice pen-ance in a very perfect form. The Daughters of Saint Clare vowing a Rule which imposes manypenances are but reaching out for greater love, ~vhich is warded With greater joy in God's service. Penance is not ugly, harsh, and fearsome. The bell which call~ one to ri~e from welcome sleep to seek the light of the sanctuary in the dead of night may sound un-welcome to a tired body: but is theie anything rfiore beautifuf_than the religious wending their silent 'way to the choir to make their first act of adoration before their Lord in the taberf.acle when the day has just begun? Standing in their stalls, they offer the praise of virgins before the face of~God, a prayer with the Son of God, ",bhile the world sleeps or sins. Does anyone know the joy in the hearts of those who give Him this homage? So it is with all the penances.prac7 ticed by the Daughters 6f Saint Clare. Penance for penance's sake is repugnant, meaningless, and very often food- for pride and phari-saism, so entirely alien to the spirit of Saint Clare. Penance for "love's sake is sweet. If there are still hearts in the world today which know unalloyed joy, they are undoubtedly those whose lives are being poured out in the most unselfish and wholehearted giving. Their joy is most full because their lives are most full of giving. The transition from the life of our modern girl to a postu!a~nt the cloister is not so drastic as some would suppose. Young, eager, lighthearted, with a soul attuned to God's grace, she assumes by slow degrees the duties and customs to which she adapts herself. She learns 171 SISTER M. IMMACULATA Review for Religious to love the hours of prayer, the Divine Office, the silence and regu-larity, The joyous acceptance of the sacrifices imposed by the Rule creatds a deep happiness and peace, which is found" especially in the hours of prayer. Prayer is not a ready-made gift in anyone. It en-tails mortification, is often itself mortification, but a mortification that decreases as the spirit of prayer and union with God increases There are no secrets of rapid progress over the rough path that leads to union with God, except the secret of persistent self-abnegation and striving for that wlsich obliterates self, and builds up in us the Christlikeness which alone makes us one with Him. But God does not lure us into the wilderness of. the contemplative life to forsake us and l'eave us to our own helplessness. True, we seem to take a leap in the dark When we embrace the contemplative life, but our Lover is not a human being whom we fear to trust. Like Clare who left her castle home in the dead of night, her Daughters follow where their Divine Spouse leads, and the path. is ever to union with God and the embrace of the Holy Spirit. While the enclosed life of contemplation should not be glamor-ized, neither should it be made a fearful existence df joyless sacrifice and penance. Too often is either mistake made. Those who look for a thrill rush to embrace what they do not understand, looking for something occult, dxpecting tangible thrills of gra.ce or ecstatic prayer before they have hid anything like the foundations of the spiritual life. On the other hand, ferszent though timid souls are often over-come by fear of what may be expected of them once they step behind the cloister walls. Neither is the correct attitude. Those to whom God gives a vocation to the contemplative life, have, nearly always, a natural yearning for God. They want Him, are looking for means of. union with~Him, "have a certain joy in prayer, and, with the light affd guidance of the Holy" Spirit, find pehce of soul in the difficult stretchds of the way as well as happiness in His tornforts. Union with God is a growing state, and though it often advances in dark-ness there are times when it comes into the light, and a light that does not fade entirely even when the way is again through dryness. There is too much emphasis put on the trials, sufferings, and dark-ness of the interior life and not enough on the joy in God and peace Of soul found therein. It has been said that Saint Clare, had she lived in our day, would have founded a missionary order. No Daughter of hers would ever consent to this opinion. Clare knew without a doubt to what she 172 dulg, 1953 SPIRIT OF ST. CLARE was called and she never wavered. She did not simply follow a pat-tern of her time. Indeed, we know that a number of:Benedictine houses, especially the large one at Florence, took the Rule of Saint Clare. It was Agnes, her sister, who was sent there to be the abbess under the new Rule. Francis knew Clare was a contemplative, as he was himself, and the hearts of both were so much the missionary's that no field of labor would ever satisfy' their zeal. Nothing less than the entire world would be Clare's mission field, as it was that of Francis and his Order. Italy and Assisi were no closer to her than the farthest-flung mission. No contempla.tive is one indeed if she has not' the heart of a missionary. Francis's was the call to go out and preach,. Clare's the outstretched arms of a Moses on the mount of contemplation. Clare would give to Christ, her Spouse, not only herself, but all the world. She'knew the fields were white for the harvest and she would obey the words of Christ and pray that the Master send laborers into it. He did not bid her go out and gather it in, bu~ strengthen the arms of the workers. She knew the limita-tions of her own weakness, but prayer and sacrifice, united with the prayer of Christ in the Divine Office, in in~erior love and union, were and are the all-powerful weapons which can reach the opposite ends of the earth at one and the same time. It was the spirit of Clare. as it was the spirit of Francis, to be daring enough to wish to support the Church, on her own weak shoulders, knowing that the Hands and Heart of her Divine Spouse were supporting her. The Spirit of Saint Clare, the foundress of the "Poor Clares, is still living and burning brightly after seven centuries. It calls to the heart cJf the modern girl of our cities as it did t6 those of the middle ages. The life she and Francis instituted for her Daughters is not outmoded in the 20th century, but instead is as living, warm, and joyous in the hearts of the novices of ~oday as in the days of Saint Clare in the little monastery of San Dami~no in 1253. ST. CLARE PLAY BY A POOR CLARE Candle in Umbria is the story of Saint Clare of /~ssisi told in a verse play by a Poor Clare Nun. The play of four acts, eight scenes is suitable for production by college :students or by high schools with special direction. The play was written to honor the foundress of the Poor Clares on the seventh centenary (1953) of her death. The authi~r is a regular contributor to Spirit magazine. ~$1.00 per copy, including the music for the "Canticle of the Sun" which is embodied in the play. Those interested in obtaining a copy of this productior~ should write to: Poor Clare Monastery, Route 1, Box 285 C, Roswell, New Mexico. 173 News and Views Yocational Institute at Fordl~am The Third Annual Institute on Religious and Sacerdotal Voca-tions will be held by. the School of Education, Fordham University, Wednesday, July 29, and Thursday, July 30, on the Fordham. campus. Ways of encouraging, fostering, and guiding vocations~.to the diocesan priesthood an/d to the religious life will be~ discussed by outstanding experts. For further information write to Rev. John F. Gilson,.S.J.,' Fordham Univ. Sch6ol of Education, 302 Broad-way, New York 7, N.Y. ,~ Institute of Spirituality At the National Congress of Religious, held last summer at the .University of Notre Dame, it ,was suggested that the University offer summer school courses in spiritual theology and an institute of spir-ituality each year for the Sisterhoods. This suggestion was favorably received by the representati(,es of the Sacred Congrdgation of Reli-gious and by th.e religious superiors who attended the congress. To carry the suggestion into effe~0 the Notre Dame Department of Religion is inaugurating this summer a program of courses in spir-itual- theology as part of its graduate work in view of a Master's De-gree in Religion. Moreover, since many superiors and mistresses of novices are unable to be present for the summer school, courses, the University is offering a distinct. Institute of Spirituality for them. This is also sponsored by the Department of Religion. The Institute is not a part of the academic program and offers no credits towards a degree. All the lectures and discussions are specially arranged for Sisters superior and novice mistresses. A~ the formal opening of the Institute, on the evening of July 31, His Excellency,. the Most Reverend John F. O'Hara, C.S.C., D.D., will deliver the address. From August I to 7, there will be three lectures each morning. Topics and speakers for these series of lectures are: "'The Role of the Sister Superior and Novice Mistress," by Rev. Paul Philippe, O.P.; "The Theology of the Religious Life and the Vows," by Rev. Joseph Buckley, S.M.; and "Ascetical and Mystical Theology," by Rev. Charles Corcoran, C.S.C. Each after~ noon, August 1-6, the three lecturers will cbnduct workshops on their subject-matter. On four evenings, August I-4, there will be 174 Julg, 1953 NEws AND VIEWS special lectures, running simultaneously, as follows: "The Liturgy and the R~ligious Life," by Rt. Rev. Martin Hellriegel; "Canon Law for Religious," by Rev. Romaeus O'Brien, O.Carm.; and "Psycho-physiology and Religious Sisterhoods," by Rev. Gerald Kelly, S.J. The Institute will close on the morning of August 7 with an address by Very Rev. Theodore M. He.sbargh, C:S.C., President of the Uni-versity of Notre Dame. Morol Theology ond Love There was a day when the science of Christian moralit~r included everything that is now partitioned into moral theology, ascetical the-ology, and mystical theology: in othei~'words, it included the entire Christian life, in all its degreesof perfection. Bdt the very growth of the su,bject-matter made some kin~i of division necessary, at least for teaching purposes. This division more or less limited moral the-ology to the sphere of what is obli~Tator(/: tb the study of laws, of the exact limits of the obligations imposed by the laws, to the.conditions which might constitute exemptions from these laws. and so foith. There is one great advantage of this ~partiti0n: it makes a dear distinction between what is obli~Tator~l and what is superero~lator~t; and this distinction is ext~rbmely important for the preservation of peace of soul. Nevertheless, from the point of view of moral the-ology, there is also a decided disadvantage: the science is made to ap-. pear too negative. Perhaps every student and professor of moral the-ology has been conscious of this disadgantage, and perhaps many of them h:~ve tried to find some way of introducing a more.positive and inspirational dement into moral theology without, of course, scaring its basic clarity. Father G. Gilleman, S.J., a Belgian Jesuit who teaches theology in India, suggests that moral theology can gain its necessary inspira-tional note by emphasizing charity as the very soul of the Christian life--which it truly is, whether in the sphere of obligation or' of supererogation. Those who ire'intdr~sted in improving.the method of moral theology should nbt fail to read Father Gilleman's book. The title is, Le primat de la charitd en thdologlie morale. It is pob-lished by E. Nauwelaerts, Louvain, Belgium. The price is 225 Bel-gian fr'ancs. $t. Joseph Research Center A St. Joseph" Research and Documentation Center has been estab-lished at St. Joseph's Oratory, Montreal 26, Quebec. The constitu- 7.5 NEWS AND VIEWS tions of this organization have the approval of His Eminence, Paul Cardinal Lel~er, Archbishop of Montreal. The purpose of the so-ciety is to encourage a more profound study of the position of St. 2o-seph, and eventually to subsidize works published on the saint. It will sponsor research in fields such as church history, liturgy, and the arts, as well asin theology. Membership is open to' all interested in-dividuals or groups. Inquiries can be sent directly to St. Joseph's Oratory in Montreal or to Rev. F. L. Filas, S.J., at Loyola Univer-sity, Chicago 26, Illinois. Scholarships at Catholic University" The Catholic University of America has made provision for. 160 half-tuition scholarships for post graduate studies for the next aca-demic year. Open to lay men and women, priests, Brothers, and Sisters, the grants/ worth $300 towards 'tuition, will be awarded on the basis of scholastic excellence and financial need of the applicant who is entering on post graduate work. Grants are available in all studies except philosophy, engineering, and architecture. Appli-cants should write to the Registrar, Department G, Catholic Univer- ¯ sity of America, Washington, D.C., for additional details on the program. Office of the Passion in English The Confraternity of the Passion, in answer to many requests, has had The Little Ofl$ce of the Passion of Our Lord desus Christ translated into English and made available in Small booklet form. The booklet may be obtained for 25 cents from the Confraternity of the Passion, Sacred Heart Retreat, 1924 Newburg Road', Louisville, Kentucky', or from any Passionist Monastery. ~ Layos Catholic Records Layos Records is a Hollywood recording company devoted ex-clusively to the production of Catholic records. The first record, " "Act of Contrition," is already in circulation. Original music was composed by Peter; Jona Korn, and the piece is performed by the Roger Wagner Chorale. The company plans to sell the recordings through advertisements in the Catholic press. A five-year schedule calls for the production of a new Catholic record, at six-week inter-vals. The firm is being advised in its musical program by Father John Cremins, head of the music depastment of the Los Angele~s Archdiocese. The record company is anxious to ha~,e suggestions from Catholic music and audio-visual departments regarding the type of material to be recorded. 176 On !:he Particular i:::xamen [EDITORS' NOTE: The first two articles on the particulmr examen .arrive~l almost simultaneously. The fact that the first is from an American Brother studying in Switzerland and the second from a Belgian missionary in India would seem" to indicate, universal interest in this practice of asceticism. The third contribution to this "sytfiposium"'is .from a member of the Jesuit Mission Band of the New Yot;k province. Communications from Our readers that may bring some more hdpful ideas to the practice of the particular examen are: welcome.] William T. Anderson, S.M. UMAN nature is prone tO falling into a rut. Those who lead very ordered lives often become slaves to routine. Religious sometimes feel the deadening effe~ct of routine and.habit: in fact, if we ark not car~eful, we find ourselves going to chapel without any preparation and without ~any aim. Day after day slips by and, before we know it, a year is gone. When .we 'take inventory at the annual-retreat, the shelves of our spiritual warehouse look" bare indeed. Perhaps we ought once in a while to ask ourselves a few embar-rassing questions on our religious duties. The reflections listed below are the result of just such a scrubbing of the~ soul. What effect has particular examen had on me? What is my attitude towards this ex-ercise? What importance has this exercise ir~ the spiritual life? Is there any direct ratio between successful zeal and progress in particu-lar examen? After .asking yourself these questions, try to answer them honestly. Then read on and see whetheroyou agree with the ideas given below. 1. A written record is a "'must" for examen. A record book for examen was insisted on in the novitiate. Over and over we heard how necessary this was. Yetsome 'religious perhapscast their examen book out the window of the car carrying them from the novitiate to the train station. Some of us used it for a while, but then discarded it. And that ~ras the beginning of the end. Perhaps most religious who do not make examen with a record as a help do not make exa-men. I~ this a rash statement? Do .you make examen faithfully without a iecord? Does your personal experience agree with this observation ? 177 "~,VILLIAM T, ./~NDERSON Re~iea2 for Religious 2. The subject for~ examen must be specific. If the subject is not limited to definite occasions during the day, or to specific'times scat-tered oxier the usual schedule, after a time the examen, period becomes' " 6nd during which 6u~ Stomach continually reminds us "that a meal is not,far off, or it is a p~eriod of planning unconsciously our work for the rest of the day or the morrow. Vagueness here is the deadly ene-my of progress. 3. Our apostolic influence is in direct ratio to our efforts at par-ticular examen. We learned in the scholasticate that while knowl-edge is very necessary for a teacher, the more important ingredient for a successful teacher and religious educator was the hbility to get along with people and to attract souls. Anyone who has taught fora few years will attest to the authenticity of this statement. Any one will also agree that teaching boys, especially adolescent b.oys,.can be a very nerve-racking job. Nervous tension may ruin any influence which we might have with students when we use sarcasm or unjust punishments, show favoritism or laxity on some occa-sions, or exercise undue ~ever!ty on others. Examen is the means which we have at our disposal to develop in us that self=control which is so necessary for the teacher. To be kind when words of sarcasm rise to outlips, to be exacting ~h~n we fed sluggish and lazy, to give words of correction which yet, do not cut, to be patient when we have had little sleep or food (as on fast days), ~o work steadily despite the fact that "results" are not forthcoming--is M1 this.poisible without examen? Most prob-ably not. As soon as we stop working at examen, we find ourselves difficult to get along with, harsh, lazy, or sarcastic. The weeds of our defects spring up rapidly'bnce we lay down the hoe of particular exam'en. 4. Particular examen is a sine qua non for communit~l life. All of the.foregoing can be just as well applied to community life. Com-munity life sometimes causes a lot of friction, some heat, and at times, even fire. Examen is the~exercise we need to mold our charac-ters so that we learn to avoid occasions which.cause arguments' or to cement, fraternal relations, once they are broken.~ Community life is sometimes a big cross; there is no need to make Jrbigger for a fellow r~ligious. 5. Examen is one of the best means we have of attaining our ideal, desus,'Son of Marv. Putting off the old man and putting on the new man is quite a job for us weak mortals, afflicted as we.are by 1"78 953 PARTICULAR EXAMEN the effects of original sin. It seems impossible that a religious can be sincere and continue hi~ striving for perfection in religious life with-out keeping up with the daily examen. Progress tgward making ourselves like to Jesus, Son of Mary, is made only by the grace of God and constant striving on,our part. Much of oar progress in the spiritual life proceeds, ex opere operantis. And examen is an excel-lent measuring rod for our own effort. 6. Examen is one of our most poten~t means of recruitment. Stu-dents join our ranks, not because of what we say or what we write. but because o~ what we are. If we are real religious, if we are. happy in the knowledge that we are striving to perfect ourselves,, if we show the acquired virtues of patience, charity, humility, and piety, it is ~mpossible that recruits will not come to us. Is there a. better adver, tisement for the religious life than a real religious, one who is daily advancing in virtue? Holiness attracts. Examen is a potent means of holiness. . Perhaps you do not agree with all or even any of the foregoing reflections. 'Be that as it may, you must admit that, granted that particular examen is necessary, we often negl.ect this important reli-gious exercise. Not only must we strive to be present for the examen each day, but we must make it fruitful by daily striving.~ Growth. in" virtue seems to demand the daily examen. As his particular examen goes, so goes the religious. P. De Letter, S.J. The particular examen i~ a common practice of modern spiritual-ity, As every canonical fiovice knows, it consists in direct.ing atten-tion to a particular point, either a fault to be corrected or some practice of virtue, to be fostered. Popularized if not originated by St. Ignatius~ of Loyola, this has become a common tactic in the spir-itual life. All have a passing acquaintance with it. As proposed in the Spiritual ExWcises, attention is to be focused on the particular examen three times every day: at the morning oblation, in theexam-ination of conscience at noon, and again 'during the evening exam-ination. Through this practice gifferent defects, are "gradually elim-inated and needed virtues acquired. 179 ~ P DE LETTER Remeto for Rehgtous A Fact from Experience Yet some religious do not succeed with the particular examen. They apparently fail to see its use 6r grasp its meaning: At any rate, they draw little, profit from it even whrn they do not drop it alto-gether as a useless formality. This is true even among religious who in no way neglect their interior life. Their failure is not due to wil-ful neglect or to tepidity. They simply do not' see their way to making a success of the practice. . Since sound spiritual writers speak so highly of the worth of the particular examen, it seems desirable to examine some apparent neglect and to revalue._.this spiritual exercise. We may sum up its importance by saying it is a sign of spiritual vitality, especially for those who have spent some years in religion. It may not be all-important m itself, at least when it is thought of and practiced in too narrow a manner. Generally its practice is a good indication that.the interior life is thriving. More often than not, its neglect means alack of spiritual vitality. In a limited sense, fidelity to" the practice of the examen can serve as a barometer reading of spiriti~al fervor. A Restricted Conception of the. Exarnen The formal idea of the particular examen can be applied in two different ways regarding both the choice of the subject matter and the manner of conceiving its pragtice. One way is very concrete and definite, perhaps too mechanical and artificial at least for life-span practice. For instance, we decide on rooting out a habitual fault such as the neglect of silence, resolve to avoid transgressions, and keep a record of the eventually-decreasing faults. Or we concentrate our attention on a specific practice of virtue such as kind interpretation of the actions of others and endeavor to. increase the number of these acts throughout the day, checking at noon and night to see how we have succeeded. This method is very rightly advised in the beginning of the religious life. It is an effective means of correcting exterior faults and defects and of gradually developing a religious way of thinking, speaking, and acting. It is also useful at other periods in life when it is necessary to remedy some faulty way of speaking'or acting that has crept in unnoticed. Another Approach If the particular examen is to measure up to what writers say about it and be a really powerful means of progress, there ought to be another way of conceiving its practice which does justice to its 180 1953 PARTICULAR EXAMEN importance. A number of religious have given the assurance that the following approach "works." Instead of taking just any particular fault or practice of virtue, we should fix on some central interest or need of our spiritual life. If the subiect is important it will less easily be forgotten. Then its !~ractlce, oreferably positive rather than nega-tive, should be conceived in a broad and inclusive manner. By means of the resolve made and renewdd at the three times--morning, noon, and night--we work at gradually penetrating our working day with an ideal or conviction rather than at c.ounting a number of particular acts 6r ,defects. To be more specific, the most suitable ;sub.iect matter for our par-ticul~ r examen is the main resolution or resolutions of our annual re- " treat. When this subiect is properly" chosen, it answers a real need and generMly our great~st one. It may crystallize into some maxim or mqtto. Then the oractice will consist in keeping this before our mind or recalling it when needed and pbssible. We thus slowly come to live in the atmost)here or disposition which our watchword con-veys. ¯ We begin to think, speak, and act accordingly. Some examples are: "The LordIoves a cheerful giver": "Ndt for me, Lord, but for Thee": "To have that mind in you which is in Christ." The prac-tice of framing our resolution in a driving maxim or a quotation from Scripture can be very helpful 'though it is not essential. What is essential is to keep before our mind a definite objective, sufficiently central and important for our personal interior life, such as cannot be lost sight of as long as our effort for spiritual "progress is kept alive. In this method our faithfulness and success in the,practice of the par-ticular examen are the criterion of our vitality and fervor. This will create a .congenial interior climate in which our souls can thrive. The importance of tEis concep~ion of the examen is evident at once. Nor is there any danger that we shall overlook and forget it throughout a busy day. If our work is permeated with a driving spiritual ideal, as it should be if it is to be different from mere secular work, a particular examen that looks after 6ur present main spiritual need will help sustain this retreat-clear inspiration. It is only in moments of forgetfulness when we neglect grace and allow natural-ism to guide our thought or conduct that the particular examen will also suffer from this spiritual thoughtlessness, But the examen itself, by reason of the resolve and the effort it implies, helps to forestall or exclude and .certainly to dimi6ish these "secular moments" in our days. 181 P. DE LETTER Review [or Religious Room [or Varietg We need not fear that this method will leave no room for a helpful variety that will maintain interest. When our particular examen aims at our central, yet definite, spiritual interest or need, its subject, matter can and naturally will take on many different aspects according to the variations of that interest or need, directed both by grace and by our psychology. As a matter of fact, our spiritual needs and interests evolve gradhally according to seasons and circumstances and to the inspirations of grace. These will reveal now one,e, ~now another side which before remained more or less hidden or unnoficed. Moreover, when our retreat resolutio.n, as is gener~ally the case, is not restricted to one but foresees several particular needs, we can alternate the practice and change from one to the other when the 'one seems to have worn out and lost its grip. Later, we can often return to the first with a refreshed outlook and new ardor. ( Dispositions and/or Acts Does this manner of practicing the examen require specific acts as does the first, or may we dispense with these? It may require them and generally does. That depends on the subject matter and on in-dividual dispositions. Some people can maintain a habitual disposi-tion of recollectedness or selflessness without insis(ing on or multiply- , ing definite acts. Others are in need of such acts, which arise spon-taneously from their resolve to be recollected or self-forgetful. spirit of praye.r normally demands some explicit acts of formal prayer; habitual or virtual prayer alone would not be sufficient. Self-lessness, trust, apostolic zeal can be habitual dispositions, but some explicit acts, whether exterior or interior, would not do any harm but would help very much even if they were not altogether necessary. The marking in a book after the noon "and evening check-up, which is generally a real help to our dodging human nature,'is not to be overlooked in this second way. But it need not be done in numer-als. Some people are congenitally poor in.arithmetic. Instead of marking the number of acts or df faults, a gener~al notation may suf-fice, for instance: good, average, poor; or A, B, C; or any way one prefers. When we mean business with our particular examen and make use of all the means to succeed, we still must expect times when our effort will have little success. Some days everything goes well spir-itually; other days it does not. These ups and downs need not be 182 July, 1953 PARTICULAR EXAMEN ; magnified; even in0 the "downs:' our effort can and generally does remain substantially faithful and successful to an extent. This should not be oveHooked: otherwise unwarranted and naive optim-ism may flounder during low moods, Provided our desire and effort .does not flag, even this partly unsuccessful particular examen still marks a steady progress. - The second way of conceiving and. practicing the particular exa-men makes the exercise not just a small device for casual use if it suits but rather an important ~nd obligatory factor in every serious effort for progress. Without it. spiritual life~.slackens if it does not die down. Perhaps we should say that every, fervent life actually keeps this practice of the particular examen, though possibly without giving it that name. Every fervent spirituality is practically boun,d to aim at and concentrate on some definite objective required by the present need. Fervent sduls do so spontaneously. It can only make for better ~esults if they are aware of this law of spiritual vitality and resolve to follow it. Seen in this light, the particular examen-is an essential unit inthe structureof spiritual progress. It is, not just a decorative trifle. We need not fear that this determined and steady effort at lJrog-ress in one particular direction will result in a state of uneasy t~nslon and nervousness. As in the whole spiritual life, so also here, ti~e-de-sire and endeavor for advancement must combine ardor and peace,, earnestness and patience, genuine'effort and disinterested acceptance of the results. For is it not grace that makes our effort possible and suc-cessful? Human endeavor is a subordinate factor. It is no doubt, necessary: grace does ndt replaceit. But it is trust in grace combined with sincerity in not sparing ourselves unduly that makes a burning, yet peaceful ardor possible. The particular examen, understood in this grand and realistic way,, repays, th~ effort we make in a measure which it is impossible,to anticipate. Fidelity to grace is often re-warded beyond human expectation. Gabriel A. Zema, S.J. 1. Let us take, for example, the habit of passing on to a friend or acquaintance our low opinion of the fault or sin 0f another. De-pending on circumstances, the thing may be no sin at all, a.venial, or a mortal sin. Even if no actual sin, it is a habit that belongs to no 183 GABRIEL A. ZEMA lady or gentleman; and it can lead to a lot of trouble. 2. On rising, or after morning prayer, write a figure, say "3," some place where you can again see it at the end of the day. (Even nosey people will never know what "3" stands for.) For you "Y' means you are determined to control your tongue three times that day on the habit you set ouk to break. 3. When you look at the figure at the end of the day while examining your conscience as every sincere re!igious.should--it is pos- Sible you won't know what it stands for yourself. You may even have forgotten you put it there. ,But a little reflection will bring back the breaking-that-habit idea. 4. Very well, begin all over again. On the second day you may find that you have not controlled your tongue even once. Go to the third day more determined than ever. 5. I~eep'up the practice for ten or twelve days. You will find a definite improvement if you are at all serious about it. 6. At the end of ten or twelve days take tip another fault and give it ~he same treatment. Follow the same procedure. After you have worked on three or four faults.--never forgetting to keep im-' proving on them--go back to the first one and see how the patient looks! 7. In morning and evening prayers ask Our Lady to come to your aid. BOOK NOTICE THE INTERIOR CARMEL: THE THREEFOLD WAY OF LOVE, by John C. H. Wu, a very brilliant Chinese. convert, diplomat, and scholar, "wi'll help highly intellectual.lay men and women to raise their spiritual lives of contemplation and divine love td an equal height and to give them something of the lofty mysticism that char-acterized St. John of the Cross. It will also aid very busy religious or priests to make their exterior activities conducive to a ,higher and more intense internal spirit. Interestingly and inspiringly Dr. Wu quotes the ancient Cbiriese sages, Confucius and Mencius, to rein-force the lessons of modern Catholic and Spanish Carmelite mysti-cism. (New York: Sheed and Ward, 1953. Pp. xii + 257. $3.25.) 184 Child Mo!:her: r cious ynt:hesis Mother Winifred Corrigan, r.c. AT HOLY COMMUNION, the soul authentically in love with ~ God, is sometimes conscious of itself as a banq~ethall in which the memorable gospel of the anointing of the Lord's feet by "a sinner" is being reenacted. This soul becomes aware in itself of two sep.arate impulses. One is the generous spirit of the Magdalen, utterly expending self for the beloved Master, freely offering to spend its best years in obscurity or lovingly giving its body to be burned. The other impulse, also within .the soul, is viewing, rea-soning, even objecting: "To what purpose is this waste?" It is the soul speaking in terms of the apostle 3udas, not yet the traitor, who prudently considers the extravagance of broken alabaster."For this might have been sold for much, and given to the poor." That Our Blessed Lord openly favored and approved the sym-bolic self-surrender ~f Mary Magdalen, the sinner, we know. "The poor you have always with you but me you have not.always." We have experienced, too, bow the logic of Divine Wisdom reconciles our opposing desires and restores equilibrium. "Thy. sins are for-given thee. Thy faith hath'made thee safe, go in peace." Devotion to Mary performs a similar function. It tends to unify two spiritual realities sometimes thought to be at variance: the doctrines of spir-itual" cbildbood and spir!tual motherhood. Why are these doctrines ever considered incomigatible? In the natural order, it is plain that the two states, childhood and mother-hood, are not in opposition. Obviously, the same person can be both child and mother. The basic concept, mother, one who merci-fully sustains the life of her offspring ("do not kill it"), is unfor-gettably presented to us as illustrating the wisdom of Solomon. "Give the living Child to this woman.for she is the mother there-of." This concept of mother ~choes the first woman's name, Eve, mother of the living. The concept of child, in the Divine Mind, is expressed for us in the Fourth Commandment. In the Book of Ec-clesiasticus (Chapter 3) the blessings of fruitfulness and long life are promised in detail to the loving, obedient child. Writing to his dear Ephesians, St. Paul confirms this divine revelation for New Testa- 185 MOTHER WINIFRED CORRIGAN Review for Religious merit times.- "Children, obey your parents in. the Lord, for this is just. Honor thy father and thy mother, which is the first command-ment with a prorriise: that it may be well with thee, and thou mayest be long lived upon earth." Thus, for the Christian, it is natural for the faithful child to become fruitful, nor would the sacrifice of mar- ¯ riage and family usually be required in order to keep the Fourth Commandment. In the supernatural order, the harmonious' sequence between the roles of child and mother is less apparent. In making ready to lighten up the mists by reference to M.ary, it may be well to clarify the meaning of the terms, spiritual childhood and spiritual mother-hood, according to Scripture and the lives of the saints. Spiritual Childhood Our Lord has strongly set forth the reality, even. the necessity of spiritual childhood. "Amen, I say to you, unless you be converted, and become as little, children, you shall not enter into the kingdom of heaven." He then counsels the humility of a little child for his disciples, and for all who would be "greater in the kingdom of heaven." The reality of spiritual motherhood is presented for us in the forceful language of St. Paul. "My little dhildren," he wrote to the Galatians, "of whom I am in labor again, until Christ be formed in you." His apostolic cry for souls re-echoes the appeal of the Divine Lover, heard in the Old Testament (Isaias 49:15). There it tran-scends rather than distinguishes itself from the pangs of .natural motherhood. "Can a woman forget her infant, so as not to have pity on the son of her wombs. And if she should forget, y.et will I not forget thee/' Amid the miracles of Our Lord Jesus Christ, we find this divine, motherly concern for human needs manifesting itself in a sweet, considerate way. He took the hand of Jairus' 12"-year-old daughter and raised her from the dead. Then, having counselled her parents to secrecy, he "commanded that something should be given her to eat." Some of tl'Je saints have discovdred the .beautiful qualities of spir-itual childhood and spiritual motherhood.contained in the above and similar passages. At Holy Communion, they have explored the mystery of their Eucharistic Lord .entering the human body, resting there like a helpless, unborn child, in order to nourish the life of the soul. The Divine Word, repeating the mother's cry: "Do not kill 186 Jul~,1953 GRACIOUS SYNTHESIS it!" 'daily fulfills His own promise: "The bread that I will give. is my flesh, for the life of the world." The saints have understood how, by their very self-effacement, by being belittled and becoming as little children, they too can maternally assis~ in the birth, growth, and' development of the Mystical Body. St. Th~r~se of the Ch'ild Jesus (1873-1897) has renewed the interest of the modern world in the doctrine Of spiritual.childhood: Her position as youngest child of the Martin family and her early entrance into religious life preserved in her soul the true attitude of a child. How this spirit of utter dependence on her heavenly Father helped her to fulfill her maternal duties as nox}ice mistress to the souls "who came to me asking for food," she tells with unique charm in her Autobiographgt (p. 213). Her present title of patroness of the missions suggests the breadth of her spiritual moFherh0od, hidden deep in her youth and Carmel. No discordant contrast is the spirituality of Blessed Th~r~se Couderc (1805-1885), foundress of the Congregation of Our Lady of the Retreat in the Cenacl~. As the oldest girl in a large family and as young superior of a religious community, sloe early developed the valiant traits characteristi(of spiritual motherhood. Then. con-sequent upon bet consecration to Our Lady, shesaw her responsibili-ties removed and she went down willingly into years of oblivion. In her 60th year, Blessed Th~r~se or, as we know her better, Mother Th~r~se, had emerged from the darkness of humiliation and failure, to find herself a humble, cherished adorer confronted with the holi-ness of God. "He treats me always." she wrote at this time, "like a child who would not have the strength to bear trials, Also the sweetness He makes me feel in His service makes me forget and bear all." This is the stage at which she detailed her doctrine of self-surrender. While it graduall~ led her into the thicket of unitive suffering and reparation, she continued to call it an easy means of sanctification, noting that there is "nothing so sweet to practice.': Marg, the Ideal The ideal of self-surrender is Our Lady of the Cenacle. It is Our- Blessed Mother in th~ last. perhaps 15-year, epoch of her earthly life. She has already received her Divine son's formal commission for the motherhood of mankind, on Calvary. In the Cenacle or "upper room," by a mother's persevering prayer and a claild's anonymity- ("who when she was first of all became-the last" St. Bernard), 187 COMMUNICATIONS ReotetO [or Reltgtot~s Mary continues to attract us to the sublime by the gracious synthesis of her life. In religious life, Mary's spirit is learned and gained in a'variety o.f ways: perhaps in the shared intimacy of Holy Communion, perhaps in the fragrant solitude of a retreat. Our Lady is ever the, true child ,and the true mother. Her spirit, '!meek and strong, zealous and prudent, humble and courageous, pure and fruitful," imparts to us our own proper measure of both these roles. When we have reverently analyzed ~and appreciated the doctrines of spiritual childhood and spiritual motherhood, we may be allowed to accommodate an angel's words as our simple directive,. "Take the Child and His mother." Thus, sincere, day to day imitatio'n of Our Blessed Mother. gradually becomes our meaningful response to an ever more imRerative invitation. We then find that we have tended to integrate in our spiritual .life the two ways'of which Mary, our model, is the gracious synthesis. Reverend Fathers: I agree with Sr. Ma~y Jude', 0.P., in her articl~, "The Summa for Sisters" (March, 1953), that a study of the works of St. Thomas would help our Sisters become better religious and better teachers However, I do not agree with Sister regarding "the distinctive phe-nomenon of the active orders today." Professed religious who are seeking admission to contemplative orders are a growing concern of the Church, but they are not a phe-nomenon. They are the logical result of the transition that has been taking place within active orders. Truly "their final profession is far enough behind," but a glance at those former days may illuminate the darkness, mistrust, and mis-understanding that surrounds them. When ~hey entered religious life the goal was one--it was clear-cut, that is, perfection which would I, mean intimate union with God. During their novitiate and perhaps I' for the first ten years of their religious life their concentrated all their it efforts to attain this end. Then stress was not on education, nursing, i! or Catholic Action, but on the presence of God and the pursuit of I virtue; however, because of pressure from without, the change of l 188 duly, 1953 COMMUNICATIONS standards, and the requirements by the St'ate, professional knowledge, ability, and skill became a necessity. Therefore. higher education with Saturday and weekday classes was added to teaching, plus parent-teacher m~etings, sodalities, public relation groups, discussion clubs and first~id courses. These religious lack neither intelligence nor good will. They readily admit with St. Thomas the greatness of the charity of the apostolate. Theylive, for the most part, lives of self-renunciation and sacrific6. Other,wise they would not be seeking admission to the cloister.- Nor are they seeking only the joys of contemplation. Most of them would gladly spend themselves and be spent in the apostdlate if they could still be c~rtain that their union with God was increasing not decreasing. But the signs point in the opposite direction. Let us look at one of these Sisters of fifteen y~ars ago. Today, instead of the one goal of 'union with God, she has another, that of professional competence. What has happened to her.as a result? First, the intensity of her desires and her efforts in the spir~itual life has naturally been weakened by her concentration on her work. Second!y, the virtues of the interior life, silence, and recollection do not have the opportunity for development they had in fdrmer days. Distractions in one form or another and activity hinder their growth. Thirdly, the virtues of the hiddefi life have become watery. They lack the positive yirility that so characterizes interior souls. She is in the world and does not wish to be of the world, yet its spirit of ac-tivity and distraction are now hers. ~ Viewing these results, she finds a growing conviction that her. spiritual life is deprived of the degree of vitality that once was hers and thai the culprit is activity. From this conviction flows the fear that her work and its accessories are separating her from Christ. It is not the fear of a neurotic; it is a well:founded fear that demands recognition and attention. No zealous religious desires to go to heaven alone; no thinking religious denies the value of the apostolic life,, but there is much ac-tivity in the life of the religious today that could not conceivably be put in the category of Apostolic. Those who strive to unite prayer and action as St. Paul and St. Thomas, St. Catherine and St, Teresa of Avila did, find they fall short of the ideal, in fact they fail. Tl~is is not just subjective thinking. It can be proven without much spiritual examination. As in nations, so in groups, and so with the individual, the pe- 189 COMMUNICATIONS ~" riod of adjustment is 'fraught with dangers. These must not be spurned. They should be recognized and analyzed. It is the chal- . lenge of our age. , The desire for contemplation is rapidly growing in America, not o~ly.in orders of women but also among men. We have a Father Moore, a Father Raymond, and a Father Merton, to name only a few outstanding ones, to prove this. Not only is contemplation sought by' religious in active orders, but so many young, eager Americans have sought admission to the Trappist Monastery in Kentucky that they .have had to build five new foundations in a short time, The Carthusians, stiil in their infancy in America, have a waiting list. All. this is significant. ¯ Would Sr. Mary Jude say all these people were exceptions, or that they lack the ability to find the delicate balance between prayer and work. I doubt it. Looking at it from this' broader .point of view, we see that this cbndition of which~ Sister M, Jude speaks i~ only a branch of a much larger river that is sweeping America from coast to coast. If we wish to insure the vitality and growth of our active orders, we must see that. the desire for intimate union 'with Christ is given outlets and opportunities for development, .even if it means the curtailment of many activities. We can do without the latter, but without the for-mer all action is but sounding brass and tinklilag cymbals. --A SYMPATHIZER. "BLESSED BE HER GLORIOUS ASSUMPTION" .On December 23, 1952, Our Holy Father, Pope Pius XII, decreed that the in-vocation printed above is.to be added, to'the Divine Praises whenever they are re-cited after Mass or'after Benediction of the Blessed Sacrament.' In the official publi-cation of this decree, which appeared in the Acti~ Apostolica Sed~'s under date of March 21, 1953, vol. 45, p. 194, it was stated that this new invocation should be inserted after the invocation "!Blessed be~ th~ Name of Mary Virgin and Mother." However, L'Osseroatore Romano for April 9 contained a correction, issued by the Sacred Congregation of Rites on Apr!l 8, to the effect that it should be inserted im-mediately after the other invocation: ',',Blessed be her Holy and Immaculate C.oncep, tion." ,. The ob'.i~ati0n of inserting this new. invocation into the Divine Praises begins on dune 21, 1953, that date being three months from the date of the ACtu Apos-tolicae Sedis in which the decree appeared, in conformity with canon 9 of the Code of Canon Law. We take this occasion to remind our readers that on Oc~0ber 31-, 1950, in con-nection with the formal definition, Pope Pius XII decreed that the invocation Queen assumed into f-leaven should be added to the Litany of Loretto after the ~'oCation "Queen conceived without original :sin." At the same time he also up-, proved a new Mass which is to replace the Mass formerly said on the Feast of the Assumption. 190 I Spiri :ual Progress and Regress Charles A. Nash, S.J. AN IDEA as old as St, Augustine, and. rebbrn in Rodriguez, pic-tures the spiritual life "as a ,b~all of string you are carefully winding up. IL once you drop it, it readily unwinds, and it takes a long time and much effort to .wind it up again. This same idea, on a natural plane, permeates the business day of six thousand psychiatrists in the United States who have become profoundly, interested in what happens once the ball of life is dropped and starts to unwind. Their technical name for it is regression or the reversal of t~ae normal steps Of growth. Regression is of such paramount im-portance in psychiatry that it is often .defined as "the science of re-gressive phenomena." The aim of this article is to picture regression in the spiritual life and.to use psychiatric data in order to empha.size certain psychological factbrs that underlie spiritual progress. " Because it is their.daily, business, psychiatrists today are fast be-coming experts in the delicate art of character change or the forward step to maturity, As modern scientific.innovators in an ancient field. these medical specialists have made many valuable scientific investi-gations and acquired much practical experience in the last twenty-five years. Religious ark wise to profit by some of their ideas on regress and pr,og~ess toward maturity 'which have a direct practical bearing on the religiou~ life. Like the psychiatrist, a religious, too, practices daily the delicate art of character change, but be aims at a greater spiritual maturity. The forward progress at which a psy-chiatrist aims in treating his patient strikes a close parallel to the for-ward progress of a religious in the spiritual life. Both involve a gradual change of character. Psychiatrists must know character change in two directions, both Zegre~s and progress. The classic exampl,e of regression or unwinding in human life is old age. We are often a casual witness when time, by its slow process, lays its fingeron a man. We have watched elderly PerSons gradually drop things most cherished in !ife, one by one. first a man b~gins to lose the wide ifiterests he once had. Sports no longer interest him; he stops traveling is much as he used to; his friendships narrow dow.n; interest in his daily, work begins to lag. All gradually culminate in his retirement.1 If he.k~eps his mind open '~Leland El Hinsie?Concepts and Problems of Ps~ychotherapg, p. 124: Understand-able Psgchiatrg, chapter on "Regression." * 191 ¯ CHARLES A. NA~H Reoietu for Religious and pliant and is ready to welcome whatever the future may bring, the elderly pers.on often mqves gracefully through his last years. Often enough, however, his mind closes up and he loses track of the day and the hour. He becomes hostile to what is new, to change, to innovation, closing off hislmind to the future. In the ,course of time he may become self-centered and petulant, and fall back upon the 'manners of his childhood, then of his infancy. He may have to be bathed, fed, dressed, assisted in walking. For him it is a haven of repose, a citadel of safety. He has reverted to his "second child-hood" and regressed to the activities of an infant. Besides the com-plete unwinding of habits of maturity in "second childhood," there are many pictures of partially unwound habits which are but-smaller portraits on a much reduced scale. Unwinding Spiritual Life Complete spiritual regression can be 'seen in-the nominal of "fallen-away" Catholic of any age who knows his religion but drops. its practice entirely. The unwinding spiritual, life runs down a path more or_ less parallel to "old age and ~econd childhood." The ¯"fallen-away" .Catholic's practical interest in religion slowly wanes, and he gradually closes off his mind to religion, becoming spiritually self-centered. One by one he drops the religious practices he once cher-ished. -Sunday is like any other day; the churchdoor remains ever .i:los~d. He stops going to Mass; he falls away from the Sacraments: his prayer life diminishes to a minimum or none at all. Gradually, his acquired spiritual habits Unwind until he is back to "childhood," where spiritual obligations and.moral responsibilities are at a mini-mum. He has traded away God for careless, vacant ioaming. As far as religion is concerned, he is once' again like a small boy, sans reason and his seventh birthday. Instead of progressing to an ever greater possession of God, he has gone backwards. Here, too, miniature por-traits of regression are quite common in the spiritual life where a spiritual habit or two may start to unwind. Progress and regress follow definite patterns. .One is a dynamic, forward-moving pattern toward maturity; the other moves back-ward down the path a man has come up, Life experience normally present~ the picture of a continuum of, forward growth along a life-line which falls into natural periods: birth, childhood,, adolescence, young manhood, adulthood, change of life, and decline. It is the common lot of mortal man to :crown his numberless daily experi- 192 Jul~j, 1953 PROGRESS AND REGRESS ences with.an ever greater maturity. This growing maturity is dearly won through countless small successes. In sharp contrast, the re-gression pattern, at any age and at any level of development, is a're-versal of the' normal steps of growth along', this life-line. Read the life-line forward and you have progress; read it backward and you have regression. Psychiatrists'~tell us that every man takes a backward step now and then. No one, save Christ our Lord and His Blessed Mother, is co,mple.te master of his every action. For religious, the single back-ward step may occur in problems of obedience,' the daily order, pov-erty, t~he practice of virtue, the daily rosary, spiritual reading--to name but a few possibilities. The single backward step is not. so significant. When this backward step becomes a definite pattern, then real spiritual regression is beginning. But despite" occasional backward steps, psychiatrists say the nor-real person is about ninety per cent adjusted to life.~ About ten per "cent of life he cannot quite master and he dodges it in one way or another. In other words, man's daily batting average is about .900; the ratio of small successes in life to small failures is about ninety to ten. Whether saint or sinner, some failure pursues him every day, but success (forward progress) definitely predominates in his actions. Dgnamic Equilibrium Because he is fundamentally successful but always carries some failure in tow, the average person strikes a balance with life. He reacts in terms of an equilibrium--a dynamic, forward-moving equilibrium in which progressive factors predominate, ,but regressive ones are also present. This equilibrium ,is built into the very struc-ture of his mind through the years. It is his own practical system of reacting to life, his working method of dealing with experience de-rived ,from his past.psychological history. Psychiatrists have learned~ to investigate this equilibrium scientifically and now actually measure it,.with~scientific formulas,a When it breaks down, regression begins. If it does not break down, progress continues. ~This figure refers to the over-all or.comprehensive picture of all man's actions in meeting life. Personal success in one particular action, however, may vary from mastery, to littleor no control. Leland E. Hinsie, Concepts and Problems of Pay-. chotherapt./, p. 77. Edward A. Strecker, Fundamentals of Ps~/chiatr~/, graph on p. 231, 3E~lward A. Strecker, Fundamentals of Psv. chiatr~t, p. 51. Franz Alexander and H~len Ross, Dgnamic Psgchiatrg, p. 140. CHARLES A. NASH Reoieto for Religious This dynamic equilibrium produces manifold effects. It gives an even tenor to, man's ways and stability to his character. It embeds past success in the human system for'future successful operation. As a result, whatever a man does in his normal day leaves most of his old order standing. A singld act, forward or backward, leaves most of his autobiography of character largely unchanged. Occasional back-ward steps are readily tolerated and absorbed without throwing the forward motion offstride. Because of it, a major change of character. occurs slowly. A spiritual character change requires many actions over a considerable period of time. In many aspects of life this equilibrium acts as a shock-absorber, an internal ,resistance built right into the structure of personality for resisting the "blows of outrageous foitune." For instance, a death in the family may score a temporary psychological and emotional knockout in other members of the family~. But soon the pendulum swings back to normal and old habits take over once again. Gradu-ally, the appreciation of life built up through the years prevails, and life goes forward once more. Because of his equilibrium, a man does not deteriorate psychologically at one major blow, nor can ,he turn himself'inside out, for better or worse, overnight. Role o~ Failure After much failure or long-enduring stress, this same personal balance or equiliblium can wear thin or even "break down." When this occurs, the backward pattern of regression slowly begins. Then, a religious falls back upon lower and lower levels of his spiritual life, and becomes beset by earlier and earlier habits of his career. The first failure is easy to take, but not a series of them. Failtire is hard on morale, and daily failure has a numbing effect on our effort. The effect of failure is to close off the mind to the difficulty and 0fall back upon.earlier habits. After repeated failure, for instance, a religious may gradually close off his mind to formal mental prayer, and fall back upon his earlier habits when mental prayer was not part of the daily schedule. All spiritual regression has one point in common: it is a back-ward step to an earlier and easiei adjustment to the difficulties of the spiritual life. At the, same time, unfortunately, spiritual progress either slows down or stops. Part of the goal drops out of the picture "for the present," and there is a partial farewell to hopes of greater things. Instead of the "new man in Cl~rist," it is a return to the 194 PROGRESS AND REGRESS "old man" of self when spiritually less mature. The significance of regression in the spiritual life is that it sounds the knell of forward progress. Continued progress requires that a religious take failure~ in stride. Often small successes in life become so integrated into a religious per-sonality that they almost go unnoticed. We only see and take note of our failures, and they can come to loom large on the daily hori-zon. After repeated failure, therd is danger that a religious will close his mind and chart his future course by past failure. The true measure of the future, bower(r, is past success. There is no small touch of humility and wisdom in expecting some daily failure and not charting our future course by it. Man normally moves forward in a dynamic equilibrium with a ninety per-cent rate of success. American Stgiritualitg The pace or tempo of character chahge is a slow one. Being' American-minded, we naturally expe.~t rapid results. The very at- . mosphere of our times--an era of modern machine .efficiency, high- 13ressure business methods, production miracles, and high-speed travel--promotes an ingrained bent toward immediate success. Rightly' or wrongly, we feel there should be a twentieth-century ¯ masterkey to the spiritual life, a foolproof device as dependable ?s the multiplication table. Yet strangely enough, our spiritual life seems to move at the tempo of the first centuiy in a twentieth-century World. True character change may be hard to see. We Americans see the, entrancing picture of industrial production, but we look upon spiritual progress in our own lives as a vague or blank picture. Sanc-tifying grace and internal actual grace are both intangible and invis-ible. We sow the representative crops, the seeds of humility, love of God, obedience, and the other virtues, yet always wonder2--when's the harvest? To see results, we often make one good resolution suc-ceed another in rapid succession, turning our spiritual life into a series of short-term cycles, partly for variety, partly to convince ourselves that we are getting somewhere and making progress. But after six months of short-term cycles we are ready to doubt whether we are changed an iota. That old spiritual problem which we settled once, and for all two weeks ago somehow surges back to life again today. A series of .these experiences can readily warp ore: spiritual judgment or ~lgrudence and lead to loss of effort and discouragement. Then 195 CHARLES A. NASH Review for Religious failure charts our course. Being constitutiOnall~y successful, we shift our effort to some more promising line of_ endeavor, and the spirit of' spiritual progress becomes like a ghost on the outermost rim of the real business of daily living. 200-300 Hours Psychiatrists have much this same time-problem. How much time is required to make a permanent change in a patient's character~ How long to turn a man around and start him forward again on the life-line to maturity? A considerable body of evidence indicates that it takes two hundred to three hundred hours, roughly speaking; to make a permanent character change.4 This means one hour a day, seven days a week for about nine months devoted to making the change, whate;cer that change may be. No matter how un-American it may sound, there seems to be normally no substitute for time in a 'permanent character change. Even if our minds thunder and rever-berate in syllogisms, it still takes from two to three hundred hours to drive' the lesson home permanently and to relate it in experience to the concrete parts of life. A religious may profitably add a bit of timing to his spiritual motor; Permanent growth is not like reading through a spiritual book in three or four days ~nd expecting the result; it is more l,!ke the slow, nine-months' nurturing of the child in the mother's womb. It is not the work of a day or a week, but it finds a closer parallel in the one hour a day for nine months thata student devotes, say, to mathe-matics ~r history or language in school. Putting on a facet of Christ's personality is not done in one meditation; it slowly develops like the b.aby slowly developing back and neck muscles, balancin'g on his feet at six months, and finally learning to walk near the end of a year. Permanent character change, is more in the image of St.,Peter and the Apostles learning confidence in Christ over a period of several years, and still being a bit shaky at His death when confronted with actual life experience. But worth noting is the ever-recurring fact of suc-cess. After nine months in the womb the baby actually is born; a year later he walks; in nine months the student knows his history, mathematics, and language. In time the Apostles did attain cona-dence in Christ. Actual success is the constant experience of the hu-man race if timk and energy are dev6ted to the task. 4Leland E. Hinsie, Concepts and Problems of Psychotherapy, 11-12. 169. John Knight, S~o'ry oI My Psychoanalysis, 2-3. 196 155, 166- Ju~,~, ! 953 PROGRESS AND REGRESS ¥~rhat l~appens in two or three hundred hours? In that time our perso.nal equilibrium changes. Through ~ur mind and emotions there slowly winds a new track of virtue all its own. Character change invoIyes a rather thoroughgoing shift in our habitual reaction to life. It requires a new appreciation of life as a permanent part of the m~nd, a' new emotional pattern, a new reaction to a vast number of concrete situations. Suppose, for example, a close friend dies with whom you have associated night and day for ten years. In all the old situations which constantly remind you of this lost friend you m~lst make clear to yourself that you have this friend no longer, and that a renunciation is necessary. He is Vividly represented {n many personal memories and experiences. You will have to correct your reactions for many a day, and detachment must t~ke place separately in each instance. Similarly in character chan, ge. "The single action, the passing thought hardly dents the human system: it remains more like a feeble echo in the soul. A single action leaves one's equilibr!uin for meeting life largely unchanged. In two or three hundred" hours, however, the new reaction "works through" and permeates our mind and our thinking~ In that time it develops its own emotional pat-tern and becomes permanently related in experience to most of the concrete parts of life. Factors in Adult Progress As adults, we tend to sell human nature short. We frequently forget what a long way we have come since childhood, the countless number of small successes involved in our present degree of maturity. Starting out as a helpless babe, man slowly learns t6 walk, to speak, to run, to master language, to enjoy countless new experiences,, to cope with school life, to earn a living, to marry and support a fam-ily. Any one of thesehas practical difficulties of time and energy and personal ability somewhat like those in the spiritual life: Yet by the common experience of mankind, their attainment ih practically cer-~ rain if sufficient time and energy is devoted to the task. As adults we tend to forget the countless milestones we have already passed, and even come to expect no new milestones in the future. Often as adults we cut down on spiritual time and energy, and act in the practical order as if religious experience had been exhausted. If a religious tries to compress thirty hours int6 twenty-four, it is inevitable that he will have to scalp time from his spiritual life to ac-complish this feat. In this regard it would seem that all of us are endowed with a certain native shrewdness of the horse-trading vari- 197 CHARLES A. NASH ety. But little time means little progress. Sometimes we run our spiritual life like a carburetor with too thin a mixture of energy to operate the machine. Life's fast teinpo drains away energy. The more our limited daily energy is channeled to other things, the less remains available for character change or spiritual growth. ~ If there is no time and energy, there is no progress. As we grow older, our ideas of spiritual experience tend to become mote and more .rigid. Spiritual progress is difficult in a rigid mind, like mov, ement in a. straitjacket. Progress demands an open and pliant mifid with the door ever open to wider spiritual experience. Often in order to pro-gress we first have to unstiffen our spiritual ideas and keep them lim-ber. Age is not a true limit to spiritual growth. Remai'ning ever an experiencing being, man normally moves ever forward irma dynamic equilibrium toward an ever greater maturity in God. If the human mind closes to the future, it falls back upon the past. Not age but the man himself puts a stop to progress, by refusing new spiritual ex-perience. The Divine Plan Time, energy, and an open mind docile to the Holy Spirit fit into God's design for human experience on earth. In His divine plan as the Creator of human nature and every human experience, God has an eminently skilful regard for bo~h the strength and the weakness of the earthly pilgrim in his slow daily progress. He assists the slo~v, three-hundred-hour pace by the superior motivation of divine reve-lation, by countless actual graces, by the supernatural virtues of faith, hope, and charity. When only a miracle can be substituted for time, when our very best efforts are always attended by some failure, we catch no small glimmer of the "divinity that shape~ our ends" in the gift of-the three theological virtues. For without hope progress stops; without faith the path grows dim: without love the heart grows faint along the way. But in God's design for religious ex-perience ,the pilgrim is fortified by God Himself. Faith illumines our mind along the road to God; hop~ keeps effort alive and the goal be-fore our eyes; and love is even now a participation of the goal itself while progressing along the way: Divine assistanc~ and a ready w~l-come ever await the pilgrim at every step of his journey. "Come to Me all you that'labor and are heavily burdened and I will refresh you." The lq.ng-run trend of spiritual growth, in God's design, is a quickening triumphal march. ~ 198 The Unseen World Jerom~ Breunig, S.J. THE telescope and microscope have extended our horizons im- | measurably. They have opened up unseen worlds for us. "How mean is earth when I look to heaven," said St. Ignatius one night in Rome more than 400 years ago. Hbw much more mean-ingful this remark is today when the giant eye at Mt. Palomar, California, a 200 inch telescope, helps us penetrate into the sky to the staggering limits of more than one billion light years" and reveals millions of suns like our own moving at the incredible .speed of 500,000 miles, per hour. .~Apart from the findings of the great ob-servatories, even a good telescope on a clear night can reveal wonders hidden to the eye. We can see the pock marks that craters ma~ke on our next ~lo~r neighbor, the moon, which is a scant 238,000 miles fr6m our planet. We. can see the nine moons that cluster about Jupiter, the'ring of light about Saturn, as well as the fiery masses said to be billions of stars. ~The inicroscope opens another unseen world. To the unaided eye what is on the glass slide lo6ks like'a drop of water. Under the microscope we see many protozoa of all kinds. We can see scores of little slipper-shaped animals called paramecia caromin~ about in the water. Perhaps a sluggish, slow-moving amoeba can be sighted or a green euglena of the mastigophora (whip-bearing) family, propel-ling itself by its whiplike tail. After human vision gtopped, the zo-ologist has pushe,d on with his microscdpe to discover 30,000 kinds of protozoa in an unseen world. But there is another world still more 'marvelous and far more important than the worlds that the magnifying glass reveals. It is the unseen world of spiritual realities. Higher visual aid is required to penetrate far into this invisible but real world. We are blind and helpless without the eyes of faith. St. Paul speaks right to the point. "What is faith? It is that which'gives substance to our hopes, which convinces, us of things we cannot see." What are some of the realities in this unseen world? What are some of the "things we cannot see" except with the eyes of fai'th? No one has ever seen a soul at the moment God created it,'when it.left the body, or at any other time. Nor has anyone seen the re-birth of a soul at Baptism when the higher life of grace is infused and the human clay is made immortal diamond, when the bap'tized 199 ,In I JEROME BREUNIG Reoieto for Religious is made a son of God and heir of heaven, when the Three Persons of the Blessed Trinity come and make their home in the soul, trans-forming it into a temple of God. "Blessed are those who have not .seen and have believed." Faith convinces us of things we cannot see. No one has seen a soul red as scarlet washed whiter than snow by the absolution of a priest. Nor has anyone seen the bread of heaven restoring the waning strength of the soul. No one has seen the inexpressible joy of the elect in the mansion,s of heaven, the chastening anguish of the souls in the prison of purgatory, or the black despair of the damned 'in hell. "Blessed are those who have not seen and have believed." Faith convinces us of things we can-not see. Opposition of the Sense-World It is essential to salvation to stay aware of the unseen world but it is not easy. We live in a world of sense. Our very mode of learning is rboted in sense impressions. There is nothing in the mind / that was not first in the senses. Even faith comes by hearing. Our convictions about what we cannot see are constantly being challenged by things we can see. It is a losing battle, naturally. For instance, we will ordinarily be more vividly impressed by paging through a national picture magazine for a few minutes than we will by reading the Imitation of Christ for the same length of time. Unless we con, stan.tly cultivate supra-sensible reality by reading, reflection, and prayer, we will not be able to offset the ever-present attraction of the sensible. We.are also at the m'ercy of our less immediate environment. We are influenced by what we see, hear, feel; and much of this is secular. It is not informed with respect for the sacred unseen realities. There are also abundant examples of godlessness. To claim there are no atheists in foxholes, on the operating tables in our hospitals, among the alumni of our schools; Or ("there but for the grace of God go I") among ex-religious is to close one's eyes to the facts. The lack of respect for God's creative co-operation in h.uman generation is widespread and appalling. There are hardened, blinded men who look on death like the fallen-away who "assured" the hos-pital chaplain: "If I die on the operating table, there will not b'e any-one to take me away." Many non-believers patronize our "naivete" in accepting the sacramental system. A Catholic mayor was openly ridiculed in the public press: "How can he be fit to manage the city goverttment when he is foolish enough to believe a little wafer is his 200 duly, 1953 THE UNSEEN WORLD God." Communists use brutal methods.to eradicate, "to wash away," a sense of the supernatural, but secularism has a smooth ap-proach that sometimes is even more effective in uprooting faith, hope, and charity. The recent ~u.rvey of religion in the United States has produced some startlin~ data. The first report that 99% of the people be-lieved in the existence of G~od was heartening, but the subsequent studies revealed the shallowness of much of this belief. Thd eighth" of the series, "What Americans Think of Heaven and Hell," reported the following statistics in the March number of the Catholic Digest. "Do you think there is any real possibility of your going to.hell? Yes, answered .I 2 %; No, 29 % : Don't know, 17 %; Do not beh.eve in hell, 42 %." In other words, 88 % of those questioned were not greatly concerned with .a truth that Christ underlined clearly, in His teaching. And this is the. environment, through the press, radio, television(?), and a thousand other contacts, we live in. The un-seen world of faith has competition. Witnesses to the Unseen The greatest Witness to the reality of the unseen world was" Christ, God2s Son, who clothed Himself with flesh and blood, a true human nature, worked miracl~s, and founded a ,visible Church to bear witness to the invisible grandeur of divine realities. He invites religious in a special way to continue to bear witness. He has invited them to prove the eternal value of.a better world to a money-mingled, sex-sick, rugged-individual generation by being poor, chaste, and obedieht as He was in the wor'ld. "But if religious are not inhabi-tants of this unseen world they will never impart the irresistible con-viction that the unseen world exists." The recent communication from a Poor Clare (REVIEW, No-vember~ 1952, 312-14) contained the eloquent witness to the un-seen world that is afforded by contemplatives. "There is an unseen world which to her (a Poor Clare) is very real. The incidents of daily lilt'are mere accidentals which are of value so far as they pur-chase for her more perfect union with God. This unseen world is as real to her as the things she can reach out and touch, and touching it she can make every action of hers prayer. I am speaking of prayer,mnot prayers," Until the unseen world is as real to us as the things we can reach out and touch, we will not convey the conviction so badly needed. 201 C. A. HERBST Reuieto for Religious, There is on~ way to make this world that real. It is by living in it. I remember a retreat master's remark on tills point. "You have to have darkness to find a picture on the sensitive plate, and you ha~e to have prayer to bring out the invisible presence of God." Again, it is ' prayer and not prayers that will enable us to live the convictions of our faith. Chari!:y C. A. Herbst, S.J. W~HEN a learned man among the Jews asked Our Lord: "Which is the great commandment in the law?" Christ answered: "Thou shalt love the' Lord thy God with thy whole heart, and with thy whole soul, andwith thy whole mind. This is the greatest and the first commandment." (Mt. 22: 37, 38). This was not new with Christ. It is the burden not only of the New but als0 of the Old Testament. written, as St. Paul says, "with the Spirit 6f the living God.in the fleshly tables of the heart" (II Cot. 3:3). The theological virtues are the greatest of all the virtues. Thdre are three of them: faith, hope, and charity. "And now there remain faith, hope, and charity, these three." Of these three, love of God' for His own sake is the queen: "But the greatest of these is charity" (I Cot. 13:13). Its object is God Himself, and our motive for loving Him,. too, is His own dear Self, "because Thou are all good and worthy of all love." "I call charity that virtue which moves the soul to love God 'for His own sake and oneself and the neighbor for God's ~ake," said St. Augustine. Charity makes all the virtues live. It is the soul even of faith, without which it is impossible to please God. "The life. of the body is the soul. By it the body moves and feels. Even so the life of faith is charity, because it works through charity, as you read in the Apostle: 'faith that worketh by charity' (Gal. 5:6). When charity grows cold, f~ith dies, just as the body does when the soul leaves it." (St. Bernard, Serrn. "2 In Resurr.) "O my God, ,I love Thee above all things." How can I truth-fully say this when I prove many times every day by committing venial sins that I love even tiny creatures more than I love God? Or why is it that I do not cry for love of God wheaa I lqse Him by mor-tal sin but I do cry when I lose my mother by death? Although ¯ 202 drain, 1953 CHARITY these actions seem to be contradicting my words "0 my God, I love Thee above all things," they, really do not. I can weep over my mother's death and commit venial sins and" still love God objectively above all things. That is, I can, and do, go on sincerely and earnest-ly wishing Him the l~reatest good, .that He will continue to be the supreme object of all love and receive divine honors. I can commit venial sins and weep over temporal ld~s and still love God above all things appreciative4 , too. by preferring God with an efficacious will to all created things, by esteeming Him as thehighest good. I can so value and esteem Him ak to be r~eady to lose all else rather than abandon God. We canndt recall too often that true love is in the will, not in the fe~!ings or ~motions. A mother's instinctive and spontaneous feelings and enfotions may draw her to love her child more ir~rensel~, with greater ease, tenderness, and alacrity, than she does God, yet she is ~eady to lose her child rather than offend God seriously. Her love for God is greater and deeper, and influences her soul more p[ofoundly. She loves God objectively and appreciatively more, and intensively and emotionally less. Thihgs of sense appeal more directly and affec-tively than spiritual things do. That in the supreme test, love for God is greater and stronger than any natural love is wonderfully shown in the death of St. Perpetua, martyr. "Neither the tears and oft-repeated prayers of her. aged father, nor the mother-love for the baby boy at her breast, nor the ferocity of her tormentors could move Perpetua from her faith in 3esus Christ." This is brought out, too. by the incidents in the daily lives of the "little people" in Christ's Church' in this living present, so well presented by Father Trese. " 'We've a good pastor,' my.people say --and I am ashamed. Ashamed as I stand beside Katie Connelly at the bed of her just-dead son, and hear her say, 'It's God's will. isn't it, Father?' while she clutches my. hand. Ashamed as I stand beside Ed Fetter at his wife's bier, and hear him say, with three little tykes hanging to his pants-legs, 'If this is what God wants,, we've got to take it, Father.' Ashamed as I ride with the Martins to the Stat~ Hospital where they are taking their son, and hear the mother say, as she bites her lip, 'Well, we've all got to have our cross, Father.' " (Leo Tress, Vessel of Clapt, 24.) Love has various degrees. - In the love of concupiscence there is something of self. I love another because I will get something out of it for myself. This is love of God for my own sake, with selfishness, 203 C. A. HERBST but a very good selfishness. This is the great virtue of hope. Then there is the love of complacency, in which I am glad and rejoice, take pleasure in, another's good, just~ because it ishis good. By it I re-joice in ~the divine perfections~ "Thus approving the good which we see in God, and rejoicing in it, we make the act of l~ve which is called complace-ncy; for we please ourselves in the divine pleasure infinitely more than in our own,' (St. Francis de Sales, Looe of God, V, i). A third and higher'degree of love is~ the love of benevolence, By it we wish another well, want good to come to him. This love we express in the Our Father when we pray: "Hallowed be Thy Name, Thy kingdom ~ome, Thy will be done!" Love consists more in deeds than in words. "If you love me, keep my commandments," Our Lord said (John 14: 15). Every-body knows that "talk is che~p,'° but actions filled with love are purest gold. A fine expression of love is a gift. That is why we give gifts on birthdays and on other joyous occasions. Gifts are the language of love. This is shown most strikingly at Christmas time. It is ~ the . feast of giving, of the Gift. Men give then because God taught them to show love that way. He gave the first Christmas Gift by giving Jesus Christ, His son. "God so loved the world, as to give his only begotten son" (John 3:16). That was Bethlehem. That was Calvary, too. "God so loved the world, as to give his only begotten son." The .lesson ChriSt taught from the crib and from the cross is the same lesson; love in deed, in giving. The soul that loves God cannot miss that. It is convinced that love consists in a mutual exchange of gifts. "What have I done for Christ? What am I doing for Christ? What ought I do for cnrlst. The answer leaps forth: "Take, O Lord, and receive all my liberty, my memory, my understanding~ and my whole will." One gives oneself whole and entire. We cannot do more. But we can do it more solemnly and more specifically, and we have. Religious surrender to God the goods of the world by the vow of poverty. They surrender to .God the goods of the body and of family, life by the vow of chastity. They surrender to God the goods of the soul, especially that most precious thing, their will, by ~he vow of obedience. "Almighty and Eternal God, I vow to Thee perpetual poverty: chastity, and obedience." This is our answer to the divine challenge: "Thou shalt love'the Lord thy God with thy whole heart, and with thy .whole soul, and with all thy strength, and wi'th all thy mind . This do, and thou shalt live." 204 The Moral Code Cat:holic I-lospit:als Gerald Kelly, S.J. SOME years ago there was a colorful basketball official who used to delight (and sometime~ enrage) spectators by his dramatic way of telling players, "You can't do that[" Again and again his whistle would be heard and he would be seen speeding across the floor, an accusing finger' pointed at some offending player, as his piercing voice insisted," "You can't do that!" ¯ For all too many people, I fear, this officialmminus his pleasing dramatics--might represent the Catholic hospital and its moral code. Engraven in the minds of these people is the picture Of a devoted non- Catholic physician bending over his patient in the operating or de-livery room, yearning to do something to save the patient's life, but frustrated in this salutary design by the Church, which, through the Sister superior or supervisor or chaplain, raises its restraining hand 'and says unsympathetically, "You can't do that!" Certainly much of the publicity given to v~arious events that take place in our hos-pitals caters to this impression. For example, a few years ago, in Brownsville, Texas, a physician who had sterilized a woman in defiance of the hospital code was dis-missed from the staff. The incident received nation-wide publicity in the daily'papers; and the correspondent of one widely-read weekly devoted to it considerable space and ev?n more emotion. The Sisters of Mercy had closed the doors of mercy to the doctor whose only purpose was mercy~ Follow-up letters from doctors, including one from the vice-chief'-of-staff of their hospital, favored the Sisters and showed little sympathy for the expelled physician. Other letters, however, showed marked sympathy for the doctor and for his emo-tional reporter. One letter in particular expressed great !mpatience with this.Church which insists on projecting the taboos .(a favorite epithet for commandments, divine and human) of the Dark Ages into the twentieth-century operating and delivery rooms. In this and similar incidents We have examples of the old prob-lem of misunderstanding.' The critics usually do not understand our hospital code. Even Catholics, I think, seldom realize what goes into a code. In fact, many seem to have the impression that a Cath- 205 GERALD KELLY Review fur Religious olic hospital moral code consists in ond supreme principle (which, incidentally, is "best-seller" nonsense at its best) that mothers must die fortheir babies. These people ought ko have more accurate in-formation, and it seems logical that they might expect to get it from religious because the Catholic hospital, is one of the most distinctive and extensive achievements of our religious institutes. The following paragraphs p~ovide at least the minimum essentials for giving correct information. ~ Why a Code? Since.the administrators of Catholic hospitals are men and women whose lives are consecrated to God, they can conscientiously conduct these hospitals only when they have a reasonable assurance that the law of God will be observed in the treatment of the sick. One way of obtaining this assurance is to formulate the pertinent moral prin-ciples and their applications into a code and to have the staff-members guarantee that they will observe this code. The first reason for having a code, therefore, is to satisfy the conscience of the admin-istrators. This is aptly stated in the introduction to the present code of the Catholic Hospital Association: "Catholic hospitals exist to render medical and spiritual care to the sick. The .patient adequately considered, and inclusive of his spiritual status and his claim to the helps of the Catholic religion, is the primary concern of those entrusted with the management of Catholic hospitals. Trustees and administrators of Catholic hos-pitals understand this responsibility tbwards each patient whom they accept, to be seriously binding in conscience. "A partial statement of this basic obligation is contained in the present Code of Ethical and Religious Directives. All who associate themselves with a Catholic hospital, and particularly the members of the medical and nursing staffs, must understand the moral and reli-gious obligations binding on those responsible for the management and operation of the hospital, and must realize that they are allowed to perform only such acts and to carry out only such procedures as will enable the owners and administrators to fulfill their obligations." What was .lust said might be construed as meaning that the sole or primary purpose for having a moral code is to protect administra-tor~ against doctors who might perform illicit opera.tions in their hospitals. This" is not true. Generally speaking, doctors and nurses, both Catholic and to a large extent the non-Catholics, want clear 206 July, 1953 ~ HOSPITAL CODE guidance in the ethical problems of their profession. And they want it because they are conscious of a need. As members of a. profession ithat deals constantly with life and death, with mutilation of the hu-man body, with expensive and sometimes dangerous remedies, they are faced again and again With acute ethical problems. Yet large numbers of them, even among tl~e Catholics, have never had the op-portunity of taking~a course in medical ethics. Others who have had such a course have grown "rusty" and need some convenient way of refreshing their memories. For all of these a moral code, which con-tains concisely-stated principles and practical applications to the field of medicine, satisfies a definite need. Making a Code What have our Catholi~ hospitals done to provide the needed guidance through a moral code? For many years the hospitals of the United States and Canada used a very brief ~ode which was excellent at the time it was formulated but which became more and mor~ in-adequate as the progress of medicine introduced new problems and threw new light on old ones. A new and more complete code was needed, and many dioceses prepared such a cod~ for their own use. It was not until 1947 that work was begun on a revised code for the Catholic Hospital Association of the United States and Canada. The work done by the committee on this revised code may be of interest., The committee first made a careful examinationof all the recently-composed diocesan codes, selected what seemed the best material from them. and arranged this material plus their own contributions in a manner that seemed best for handy reference. When this was done, a preliminary draft of a new code was sent for criticism to a large number of doctors and moralists in various parts of the United States and Canada. The doctors consulted included both Catholics and non-Catholics. They were chosen for eminence in their profession and not for ~hei~'religion. These consultants, doctors and moralists;: submitted criticisms some of them. very detailed---of the prelim-inary formula. The criticisms were carefully weighed by the com-mittee and a new formula was drafted. , This was referred again to the original critics; more suggestions were offered; and the code was finally formulated in a manner that met"with universal apprbval. This code was publ!shed in 1949 by the Catholic Hospital Associa-tion of the United States arid Cahada, and it is used today in most o'f the dioceses of these two countries. Some dioceses which had gone~ 207 GERALD KELLY Review [ur Religious to great trouble to prepak-e their own codes still use these in preference to the revised code of the C~tholic Hospital Association. Two observations are in place here in order to ~0revent misunder-standings. First, there is a question pertinent to revising a code: does this mean that morM principles change, or, as some people would put it, does it mean that the Church has changed its moral ~tandards? Obviously, the revision of a hospital code should have no such im-plications. Moral principles do not change: and, from the stand-point of ~principles, the only'reasons for revising an approved code might be to include some principle not beret0fore included, or to ex-press more clearly and simply one of the principles already included. But the application of moral principles to medicine can change be-cause this application depends on the medical facts, which can change with the progress of.science. For example, there was a time when the only way of successfully treating certain infections was' by surgical operation, but tod~ay many of these infections can be arrested by the use of recently-discovered drugs. A fact like this can be the basis for declaring that an operation which was permissible several years ago because necessary for the patient's welfare is no longer permissible. This is but one example of how the application of principles to con-crete cases can change. The revision of a code is largely concerned with these concrete cases. A second observation concerns ~he fact that different codes are fol-lowed in various dioceses. Does this mean that what is morally good in one place is immoral in another? Again the answer is in the nega-tive. The differences in the codes concern neither the moral prin-ciples nor the licitness of specific operations and treatments. They concern rather the selection and arrangement of materi.al, with per-haps the addition of some purely disciplinary regulation .which may be thought necessary in one place but not in another: for example, on the need of consultation before some operation is allowed. Content of Code .: At this point, if not before, someone might well ask just wh~it, is a code, and what goes into it. I can best answer this question by're-ferring specifically to the revised code of the Cat.holic Hospital As-sociation, which is entitled Ethical and Religious .Directives/~or Cath-oti~ Hospitals. As the title implies, this code contains two sections. The second section contains directives of a religious nature which concern the reception and administration of the ~acraments and the 208 dulg, 1953 HOSPITAL CODE reverent disposal of.amputated members and immature babies. For the most part, this sectibn of the code would directly concern only Catholics or those who wish to become Catholics. The first section contains ethical directives, that is, principles of the natural law with applications to medicine. Since the natural law binds all men, the provisions of this section apply to all patients, doctors, nurses, and other hospital personnel, regardless of their religion. This is really the moral code of our hospitals. My subsequent remarks app.ly to this section. Basic Principles The,baslc moral principles which are ~ formulated and applied in ¯ our ethical directive~ can be reduced to these six: (a) the .need of the / patient's consent; (b) the inviolability of innocent human life: the intrinsic.evil 'of contraceptive practices: (d) the principle~.of the "double effect"; (e) the principle of "liberty" and (f) the principle of "totality." Perhaps a few words about each of these principles will .be informative without being unduly soporific. ~) The patient's consent. Each individual human being has bqth ~the right and the duty to care for his health. When a doctor treats a patient, he is simply exercising the patient's own right of self-preservation for him, and he may not perform even legitimate operations without the consent of the patient.,. This Consent may be' given explicitly, as would be the case if an operation would be ex-plained to the patient and he ~would then agree to it. Or it may.be implicit, as would be the case if the patient asl~ed for a cure, with the understanding that he is.willingto Submit to all the necessary pro-ce. dures, even without .explanation. Or it may be reasonabtg pre-sumed, as is the case when a doctor gives emergency treatment to an unconscious man. Sound morality requires consent in one of these forms and l~oth civil law and medical associations recognize ~his. For infants and others who are incapable of acting rationally, the parents or guardians have the right to give the consent., b) The inviolabilitg of innocent human life. The meaning bf this principle is strongly and clearly explained in a memorable pas-sage of our present Holy Father's Allocution on the moral problems of married life (October 29, 195 I). This.passage Should be f~imiliar, not 0nly to religigus in hospital work, but to educators as well. "Now the.child, ~ven the unborn child," said the Pope, "is a hu-man being, a human being in .the same degree and by ~he same title as 209 ,,It GERALD KELLY Review for Religious is its mother. Moreover, every human being, even the child¯ in its mother's womb, receives its right to life directly from God, not frdm its parents, nor from any human society or authority. Therefore there is no man, no human authority, no science, no 'indication,,' whether medical, eugenical, social, economic/or moral, that can show or give a valid juridical title for a deliberate and direct disposing of an innocent human life, that is to say, for an action which aims at its destruction, whether such destruction be intended as an end or as a means towards some other end which may "itself be in no way illicit. So, for example, to save the life of the mother is a most noble end, but the direct killing of the cl~ild as a means to that end is not law-ful. The direct destruction of the 'so-called 'valueless life,' whether born or unborn, which was practised a few years ago in numerous in-stances, can in no way be justified. And therefore when this i~ractice began the Church formally declared that it is contrary to the natural law and to the positive law of God, and consequently" illicit--even under instruction from the public authority to kill those who, al: though innocent, are nevertheless by reason of some physical or-ps3;- chical taint useless to the nation and even become a burden on the ¯ community. The life of an innocent human being is inviolable, .and any direct assault or. attack on it violates one of those fundamental laws without which it is impossible for human beings to live safely in society. We have no need to teach you the particular significance of this fundamental law and its bearing upon your profession. But do not forget it: above any human law, above any 'indication' whatso-ever, there stands the indefectible law¯ of God." The Pope's words are obviously directed against doctbrs and others who think that in certain situations there are good reasons (they call them "indications") for the direct killing of an unborn child. Against these men he defends the right of the child. But he does not limit his words to the child; he defends all innocent human life. The direct (i.e., the intentional) taking of such life is never permissible. Any procedure which'would result in death for either the mother or the child (or for any other innocent person) can be justi-fied only when the death is an unintended and unavoidable by-product of the procedure. Incidentally, this principle of the inviola-bility of human life also condemns the so-called mercy-~killing (the taking of a patient's life to relieve him of suffering), whether it is done with or without the patient's consent. c) The intrinsic evil of contraception. The Church, especially in 210 July, 1953 HOSPITAL CODE the oi~cial t~aching,of the two last Popes, has'constantly branded artificial birth control as contrary to the law of nature, and therefore intrinsically evil. The most ~adical form of this evil is direct steri-lization, which means the intentional destruction of the procreative power. Doctors have many ways of accomplishing this, and all of of them.are forbidden by our code. .d) The principle oF the "'double effect.'" Students of ethics are familiar with this principle and know that it contains the solution to many of the practical,~problems of life. Conscientious people often use it without knowing it exists. The aviator who bombs an im-portant military target, foreseeing but not desiring the deaths of some civilians, is perhaps unwittingly using this principle. The student who must read a treatise on sex, foreseeing but not wanting tempta-tions against chastity, is using perhaps also unwittingly the p~inciple of the double effect. And all of us. whether we realize it or not, are following this same principle when we perform some good and neces-sary action, realizing that, despite our best intentions, certain others will misunderstand and will be'led to rash judgments and to criti-cism. The deaths of the civilians, the sexual temptations, and the harsh thoughts and criticism, are all simply unavoidable and un-wanted by-products of actions that are good in themselves and of sufficient importance to be performed despite the evil effects that at-company them. The principle of the double effect has many applications in medicine, especially as regards surgical operations on diseased repro-ductive organs with the unavoidable destruction of the procreative power and as regards treatment of a pregnant mother with some un-intentional but unavoidable risk either to herself or to her child. This last point was clearly explained by. Pope Plus XII in his Allodution to the "Family Front" (November 26, 1951): "On purpose," he said, "We have always used the expression "direct attempt on the life of an innocent person,' "direct killing.' Be-cause if, for example,-the saving of the life of the future mother, in-dependently of her pregnant state, should urgently require a surgical act or other therapeutic treatment which would~have as an accessory consequence, in no way desired or intended but inevitable, the death of the fetus, such an act could no longer be called a direct attempt on innocent life. Under these conditions the operation can be licit, like other similar medical interventions, granted always that a good of high worth is concerned, such as life, and that it is not possible to 211 GERALD KELLY Review fur Religious postpone the operation until after the birth of the child, or to 'have recourse to other efficacious remedies." e) The principle of ."libertt.t." Physicians do. not always see eye-to-eye on the value of certain treatments or operations. For ex-a.~ ple, take the much-discussed and too-much-popularized operation called Idbotomy. Thisoperation consists essentially in severing cer-tain fibers in the brain, and its general purpose seems to be to reduce emotional tension and thus help in the cure of some mental illnesses and in relieving otherwise unbearable pain. The sharpest kind of con-troversy exists among reputable physicians as to the good produced by the operation, the risks it involves, the types of patients that might benefit from it, and so forth. And this is but one example of many decidedly controversial questions in the sphere of medicine: Theologians, too, have their differences of opinion; and this is especially true when they are faced with a new problem. "There are pros and cons to many of these problems, and it may take a long time before the issues are sufficiently clarified to have a ffnanimous opinion for either side or until the teaching authority of the Church inter-venes to settle the matter. Sound morality supplies this practical principle that may be fol-lowed in these legitimately debated matters: obligations (i.e., pre-cepts and prohibitions) are not to be imposed unless they are certain. This is what I mean by the principle of "liberty." For the doctor, this means that, with the consent of the patient, he and his consult-ants may follow what they sincerely judge to be the proper medical procedure as long as this procedure is not certainly wrong. I f) The principle of "totality." I have taken this woful from Pope Pius XII, who said in his address on the moral limits of medical research a~ad treatment (September 14, 1952): "By virtue of the principle of totality, by virtue of his right to use the services of his organism as a whole, the patient can allow individual parts to be destroyed or mutilated when and to the extent~necessary for the good of his being as a whole." Obviously, this is an extremely important principle in medi'cal practice. Every time a doctor, acting according to the principles of sound medicine, and with the consent of his pa-tient, removes an eye, a hand, a gall-bladder, etc., he is following this principle of totality. He removes the member, which is a part of the whole, because it has become in some way.a threat to the survival or the well-being of the whole. 212 Jul~, 1953 HOSPITAL CODE Conclusion The foregoing are. the main, if not the only, principle~ that form the core of an~] sound medico-moral code. Perhaps I have giventhem too much space: yet it seems to me that one really appreciates our hos-pital codes only when he sees these basic principles grouped together and briefly explained. It may be taken for granted that an~ doctor who conscientiously follows these principles will act, not ~nly ac-cording to sound morality, but also according to sound medicine. Earlier in this article I suggested that in the minds of many people the supreme moral principle of Catholic hospitals seems to be that mothers must die for their babies. This, as I said, is best-seller non-sense at its best, and perhaps I should have said at its worst. Implicit in this attitude is the idea that in a critical situation a Catholic mother must always prefer her baby's life to her own. The idea is erroneous. Obviously, no mother may allow the direct taking of her life in order to save her baby, because, as Plus XlI declared, the direct destruction of any innocent life is morally wrong. And even a~ regards the risking of her life, e.g., by submitting to a dangerous operation, for thd sake of her baby, we must be very careful about making universal state-ments. We would have to consider many concrete factors before we could decide whether such a risk is obligatory or even permissible. Closely related to this erroneous notion that in our hospitals mothers must die for their babies is the idea that, since Catholic hos-pitals do not permit thereapeutic abortion (a "gentle" expression for the practice of killing babies to "save" mothers), they lose more mothers than do other hospitals. Not only is there no statistical basis for this, but what statistics we have indicate the very opposite. /~or example, two Boston doctors, Roy J. Heffernan and William "A. Lynch, recently obtained information about maternal deaths from 171 hospitals in various paris of our country. This information covers a period of eleven years, 1940-1950. In these hospitals, during this long period, there were more than ~hree million deliveries, about evenly di~iided, between hospitals that permit therapeutic abortions and hospitals that exclude this practice. The maternal death rate in the hospitals that do not allow therapeutic abortions was .87 .per thousand deli~ceries, whereas in the hospitals that do allow therapeu-tic abortion the maternal death rate was .98 per .thousand deliverles. According to these and similar statistics', the keeping of God's law saves not only babies but their mothers, as well. This is a too-littld-known aspect of the apostolate of Catholic hospitals. 213 .ues!: ons and AnSwers ~18m What can be done to counteract some Iong-sfandincj practlce, s en-gaged in during time of retreat by Sister-retreatants, for example, re-hearslng daily for one or two hours the Mass and hymns to be used ,for the reception ceremony; embroidering and crocheting between conferences2 The Sisters who participate in these works find that it interferes with thei~ recollection. ¯ Some work ab.out the house, some choir practice, and other little jobs (like needlework) would not seem to interfere ,too much with retreat recollection if indulged in only for about aft hour or so a day. That would still allow the retreatants a fair amount of time for un-disturbed private reflection an~l personal duties. If, however, the re-treat schedule were already extraordinarily crowded (which is usually not the case), there might be little time left for such tasks as indi-cated in our question. In any case, it is important that retreatants h~ve a fair amount of leisure time for private reflection, for jotting down. spirittlal "lights," for additional rest, and the like. ml9m At times it is necessary to post items pertinent to religious' in various departments of an establishment in regard to keeping rooms in order, having greater care of furniture, and the like. Would it not further a bet-ter ~om;nunity spirit if such directions were posted in the community room rather than on the doors of the different departments where outsiders may read them and make comments? Yes, it would be better to post items of a personal or private na-ture, whether they pertain to the community as a whole or to indi-vidual members of the community, in some place reserved to the reli-gious family .in preference to other more or less public places. Thus criticism might be lessened. It is possible, :though, that sometimes superiors ihtend such notices not merely nor primarily for religious who are in charge of or are working in a department, but especially for the outside help. Then such notices would be posted where those for whom they a~e intended would see them. In these cases, however, care should be taken that the wording of the notice does not occasion criticism of the religious. 214 QUESTIONS AND ANSWERS In a religious congregation (in which simple vows are taken) may a ~ell-glous who is subiect fo a provincial superior have a right of appeal to the superior general when the religlous wants a farad or extra permission? To begin with, religious have the right of communicating with higher superio.rs: such correspondence is sealed. Religidus could. therefore, ask for various permissions from higher superiors. Some extraordinary permissions are usually asked of higher superiors ra~ber than of the immediate superior. Ordinary permissions, however, as a general rule are to be sought from the immediate superior. If that superior refuses the permission, one should not request the same per-mission from a higher superior without informing him that the per-mission was refused by the lower superior." Good government dic-tates that procedure, as ~ell as courtesy ahd possibly the rules of the institute. Before asking for any extra permissions or "favors," religious should remember .that superiors are to help their subjects observe common life; hence superior~ may not readily grant extra permission.s to a subject unless the Circumstances of the case warrant it. Likewise superiors must then be willing, and able, to grant the same permission to any other, subject in the same circuhastances. Subjects should try to lighten° the superior's burden' of of~ce by not requesting permis-sions which superiors should not grant either because they are not consonant with religious life, or because they would violate or harm common life, or because of some other good reason. Besides being a violation of common life, "favoritism" in a community is always odious. The cause of our Venerable Founder has been in progress at Rome for thirty years. In order to help Stimulate popular devotion to our Founderu particularly among ou~ students and their parents--our Order is in the habit of prlntlng, from time to time pictures and devotional pamphlets about him. Up to now. printed matter of that type only bore the nlhll obsfaf of the ordinary of the diocese where our motherhouse is located. It was brough~t to our attention lately that we need the approbation of the Holy See ~or an~ printed material about our Fo, under who has been de-clared Venerable. Is that observation correct? Canon 1387, of the, Code of Canon Law states that what per-tains in any way to the causes of beatification and canonization of 215. QUESTIONS ~ND ~NSWERS Servants of God may not be published without the permission of the Sacred Congregation of Rites. @his restriction applies only~to causes which are pending before the Sacred. Congregation; not to those which are finished (person b~s been canonized), or are pending be-fore some other body "than the Sacred'Congregation of Rites. During the time permission must be obtained from the Sacred Congregation, no further permission of the local ordinary is necessary for publica-tion of matter approved by the Sacred Congregation. The Codex pro Postulatoribus Causarum Beatiffcationis et Can-onizationis i4th edition, 1929, page 26, nos. 21 and 22) repeats the abo~ce and includes pictures (imagines) under the provision of can-on 1387. Several author~ who comment on canon. 1387 say that it seems to refer only t6 documents and. acts connected with the prosecution of th~ cause, such as summaries and proofs proposed for furthering the cause, opinions of consultors; comments of. the prornotor tidei, and the like. These authors rely on a Monitum of the Sacred Congrega-tion of Rites of February 12, 1909, which required previous' permis-sion of the Sacred Congregation for the publication of accounts,of the llfe, virtues, and "wonders" of Servants of God. Consequently it seems probable that the devotional pamphlets and pictures mentioned in our question need not be submitted to the Sacred Congregation for approval. m22-., Postulants are being sent out to the missions to hel'p with the teaching in schools*. They return to the motherhouse fop the week-ends. Are supe-riors justified in extending the postulancy for,three or four months, because the number of novices to be 'professed is not sufficient to fill the places of Fhe postulants? The Normae of 1901 (which have been used as a model for the constitgtions of rehgzous ,congregations) allowed a period of pos-tulancy ranging between gik--and twelve months. They permitted the superior general f~ a ~just cause to prolong the postulancy up to three additional months i~ particular cases (n. 65). A just cause was considered to exist if superiors remained uncertain about the vocation of the candidate, about his qualifications Or defects, or about his ad, justment to the life of the institute. ¯ The Code of Canon Law speaks of a postulancy of at least six entire months which must. be made by all women in religious insti- 216 QUESTIONS AND ANSWERS tutes with perpetual vows and by the lay brothers in the.institutes of men. It permits the major superior ,to prolong the postulancy, but not beyond another six months (canon 539). This may be done in particular cases. The purpose of the prolongation is again to allow superiors more time to size up the applicant's vocation and more pre-cisely. his aptitude or fitnes~ for their religious institute. In the light of the above, it is rather difficult to see how superiors wbuld be justified in extending the postulancy for three or four months in the case under consideration. It might be well to add that the Apostolic Delegate has special .faculties to shorten or prolong the postulancy pre~scribed by the Code of Canon Law. Relatives of a relig;ous send money to a mutual friend with the under-standing that the religious will let that friend knowwhat he wants the friend to buy for him on the occasion of his blrfhday, Christmas, Easter, and the like. Is such procedure in keeping with poverty, or would the religious be considered as having a reserved fund of money? In the final .analysis the practice outlined' in the question reduces itself to a private fund of money at the disposal of the religious, a form of peculium generally contrary t~o the poverty professed by most. religious institutes, At best, this is contrary to cohamon life and the spirit of povert, y. A religious who countenanced such a practice could very well profit from reading Father Gallen's excellent article on "The Spirit of Poverty'" (REVIEW FOR RELIGIOUS, VIII .[1949], 35-43), not to me.ntion various other articles on common life arid the vow of poverty. As a practical solution, the religious could advise his relatives, who wish to give him a present, to send the money.to 'him rather than to the mutual friend. It would be understood that the reli-gious will turn in the money to his superiors to be added to the com-munity funds; then, when the religious needs something, the superior will provide it from the community funds. In that way both the vow and the spirit of poverty, as well as commott life, will be safe-guarded. A Sister acts as organist for the children's choir and for the adult choir during Mass and other services. Does canon law forbid this? A similar questi6n about a Sister organist was answered in the 217 Review ?or Religious BOOK REVIEWS pages of this REVIEW, VIII (1949), 325. Attention was called to possible diocesan regulations on the matter, even though the Code of Canon Law says nothing about it. In genera~ it seems that there would riot be much objection to a Sister acting as organist for a chil-dren's choir. In case of reai need this might also be stretched to in-clude an adult Choir of women only. But for a mixed adult choir:. "In practice,no Sister should undertake to play the organ for amixed choir of men and women without the express permission of the local ordinary and of her ownhigher superior" ibid.). / Book Reviews .~IRACLES. By Jean Hell~. Translated by Lancelot CL Sheppard. Pp. v~ -h. 288. David McKa¥ (~omp~ny, Inc., New York, 1952. $3.~0. This work is not a philosophical or tbeo16gical treatise on mir-acle. s. Rather, by a fairly detailed historical presentation of selec.ted cases, it is designed to give the reader a fairly general knowledge of, them. It is "a synthesis, or more modestly perhaps, an attempt at a synthesis" (p. 14). The whole story is built around persons, and l~eferably persons Who are not very remote from us in time. The language is not technical, but adapted to all intelligent readers. ,, The first chapter is an account of "miracles of humility": it: pre-sents the "stories of the Cur{ .of ~Ars and of Bernadette Soubi~ous; Then there follows, "Fatima, or the Age of Mary." Therese Neu-mann does not measure up to the author's standards and require-ments. But--surprisingly enough--"Catberine Emmerich, 'Narra, tot' of .the Gospels" and her writir~gs touched up by Clement Bren-tano meet with his full approval. The apparitions at Beauraing, BelgiUm, 1932-1933, are judged t6 be "childish fiction.'" Neverthe~ less' this is one of the few among recent cases that have received epis-copal approbatton. A particularly interesting feature of th~s book is the final chapter: "imitators and Fakers of Miracles." By contrast it serves especially well to bring out the great differences that obtain be-tween, genuine supernatural signs and others that are ~fraudulent, and how the pretended marvelous can be detected and distinguished from whaTt his~ a wuthhoelnet iwc.ork emphasizes the prudent reserve and critical spirb of the Church toward whatever is proposed as surpassing the limiv 218 duly, 1953 BOOK REVIEWS of nature, and tends to,bring about in the mind of the reader a simi-lar wise attitude.---AUGUSTINE G. ELLARD. ., A LIFE OF CHRIST. By Aloys Dirksen, C.PP.S. Dryden Press, New York, 1952. Pp. 340. $3.75. This book is unique in two respects: first, it has the '.'split-p~ge format." that is to say, in the upper part we find the Confraternity text of' the Gospels, and entirely separated from this section, a com-mentary on the Gospel text. One can turn the pages of the upper section without disturbing those below. Secondly, the Commentary and its Introduction are models of intelligent compression. Eight introd_uctory chapters furnish,,~i background for a better understanding of the actual commentary. These include a brief dis-cussion of the sources for a life of Christ, an outline of the geography of Palestine, a survey of the l~revious history of the Jews. the politi-cal and social conditions and prevalent religious beliefs of the period when our Lord was onearth. Such a comprehensive introduction can treat these matters only in barest outline, and if a few inaccuracies have crept in, this can readily be excused. The commentary, too, is suggestive rather thar~ exhaustive: but it is usually very much to the point. The ordinary reader will find there what he wants to know about the Gospel text he is reading. At the end of the commentary, by way of appendix, is a list of messi-anic prophecies found in the-Old Testainent. and of the Old Testa-ment quotations found in the four Gospels. Since the author uses many tec

Issue 24.1 of the Review for Religious, 1965. ; An Instruction'on the Constitution on the Littirgy by the Congregation of Rites 3 Historicity of the Gospels by the Pontifical Biblical Commission 26 The Nature of Religious Authority by Lor~azo Boisvert, O.F.M. 34 Influence of the Superior by Joseph F. Gallen, S.J. 55 Religious .Obedience by J. M. R. Tillard, O.P. 66 Sister Cursillistas by Sitter Elizabeth Ann, O.L.V.M. 87 ~ Administrative Forms by James L O'Connor, S.J. 91 ~ Canadian Religious Conference by Augustine G. Ellard, S.J. 105 Voveo Castitatem by Sister Mary Kieran, S.S.N.D. 112 Survey of Roman Documents 113 ; Views, News, Previews 120 Questions and Answers 131 Book Reviews 143 EDITOR R. F. Smith S.J. ASSOCIATE EDITORS Everett A. Diederich, S.J. Augustine G. Ellard, S.$. ASSISTANT EDITORS Ralph F. Taylor, S.J. William J. Weiler, S.J. DEPARTMENTAL EDITORS Joseph F Gallen, S.J. Woodstock College Woodstock, Maryland 22163 Book Norman Weyand, S.J. Bellarmime School of Theology of Loyola University 230 South Lincoln Way North Aurora, Illinois 60542 Published in January, March, May, July, September, Novem-ber on the fifteenth of the month. REVIEW FOR RELI. GIOUS is indexed in the CATHOLIC PERIODICAL IN-DEX. Volume 24 1965 EDITORIAL OFFICE St. Mary's College St. Marys, Kansas 66536 BUSIlqESS OFFICE 428 E. Preston St. ¯ Baltimore, Maryland 21202 SACRED CONGREGATION OF RITES' An Instruction on the Constitution on the Liturgy AN INSTRUCTION CONCERNING THE CORRECT IMPLEMENTATION bF THE CON-STITUTION ON THE LITURGY~ INTRODUCTION I. The Nature of This Instruction I. Among the first results of the Second Vatican Council there is deservedly included the Constitution on the Sacred Liturgy since it regulates the most excellent part of the Church's activity. It will produce more £ruitful results the more profoundly pastors and the faithful grasp its true spirit and the more deeply eager they are to put it into practice. 2. The Committee for the Implementation o[ the Con-stitution on the Sacred Liturgy, established by the present supreme pontiff Paul VI in his apostolic letter Sacram liturgiara, eagerly and at once began the work entrusted to it of care£ully completing the directives of the Consti-tution and the apostolic letter and of providing for the interpretation and implementation of these documents. 3. Since it is of the greatest importance that from the very beginning these documents should be everywhere properly applied and that there should be removed any * This is an English translation of a document entitled Inter Oecumenici Concilii that was the work of the Committee for the Implementation of the Constitution on the Liturgy and that was is-sued by the Sacred Congregation of Rites on September 26, 1964; the translation was made from the Latin text of the document as given in Acta Apostolicae Sedis, v. 56 (1964), pp. 877-900. Titles and enumerations in the translation are taken directly from the Latin text. ÷ ÷ ÷ Instruction on the Liturgy VOLUME 24, 1965 Congregation o~ Rites REVIEW FOR RELIGIOUS doubts about their interpretation, the Committee at the order of the supreme pontiff has drawn up this present Instruction in which the functions of the conferences of bishops are more clearly defined with regard to liturgical matters, in which some principles expressed in the above-mentioned documents in general terms are explained with more precision, and in which finally some matters that can be put into practice at the present time even before the revision of the liturgical books are permitted or pre-scribed. II. Principles to Be Noted 4. The matters that are singled out as those to be put into practice even now have the aim of making the liturgy correspond more completely to the mind of the Council with regard to the promotion of the active participation of the faithful. Moreover, the general renewal of the sacred liturgy will be accepted by the faithful more readily if it proceeds gradually and by stages and if it is proposed and ex-plained to them by their pastors through an appropriate catechesis. 5. Nevertheless, the first thing that is necessary is that all should be convinced that the Constitution of the Sec-ond, Vatican Council concerning the sacred liturgy does not intend merely to change liturgical forms and texts; it rather intends to stimulate that formation of the faith-ful and that pastoral activity which considers the sacred liturgy both as a summit and a fountain (see the Con-stitution, article 10). The changes in the sacred liturgy that have been so far introduced as well as those that will be introduced later are directed toward this goal. 6. The importance of this pastoral activity that is to be centered around the liturgy stems from the fact that there is to be a living expression of the paschal mystery in which the incarnate Son of God, made obedient even to the death of the cross, is so exalted in His Resurrection and Ascension that He shares with the world the divine life by which men, being dead to sin and conformed to Christ, "should no longer live for themselves but for him who for their sake died and was raised to life" (2 Cor 5:15). This takes place through faith and the sacraments of faith; that is, especially through baptism (see the Con-stitution, article 6) and the sacred mystery of the Eucha-rist (see the Constitution, article 47), the focal point of the other sacraments and of the sacramentals (see the Con-stitution, article 61) as well as of the cycle of celebrations by which the paschal mystery of Christ is unfolded in the Church throughout the year (see the Constitution, articles 102-107). 7. Hence, although the litu.¢gy does not exh~iust all the activity of the Church (see the Constitution, article 9), great care should nevertheless be taken that pastoral work be duly linked with the sacred liturgy and that at the same time pastoral-liturgical activity be exercised not as though it were a separate and self-withdrawn thing, but in intimate union with other pastoral work. Moreo;cer, there is special need that a close union should flourish between the liturgy and catechesis, re-ligious education, and preaching. III. The Hoped-for Results 8. Accordingly, bishops and their helpers in the priest-hood should increasingly center their entire pastoral min-istry around the liturgy. In this way through a perfect participation in the sacred celebrations the faithful will derive a fuller share in the divine life; and, havin.g be-come the leaven of Christ and the salt of the earth, they will proclaim this life and communicate it to others. CHAPTER I SOME GENERAL NORMS I. The Application of These Norms 9. Although they are concerned only with the Roman rite, the practical norms found in the Constitution or in this Instruction as well as the matters that are permitted or prescribed by this same Instruction even now before the revision of the liturgical books may be applied to other Latin rites, the provisions of law being observed. 10. The matters that are entrusted in this Instruction to the competent territorial authority can and should be put into effect only by that authority through its legiti-mate decrees. In each individual case, however, the time and circum-stances in which these decrees begin to take effect should be determined with allowance always made for a reason-able period of suspension during which the faithful can be instructed in and prepared for their observance. II. The Liturgical Formation of Clerics (Constitution, articles 15-16 and 18) 11. With regard to the liturgical formation of clerics: a) In theological faculties there should be a chair of liturgy so that all the students may receive a due liturgi-cal formation; in seminaries and religious houses of study local ordinaries and major superiors should see to it that as soon as possible there is a special and properly pre-pared teacher for the course in the liturgy. b) Teacherswho are put in charge of the liturgy course ,4. '4" Instruction on the Liturgy VOLUME 24, 1965 5 are to be prepared as soon as possible in accord with the norm of article 15 of the Constitution. c) For the further liturgical formation of clerics, es-pecially of those who are already working in the vineyard of the Lord, pastoral-liturgical institutes should be con-ducted as opportunity allows. 12. The liturgy is to be taught for an adequate period of time to be indicated in the curriculum of studies by the competent authority, and the method used in its teaching should be an appropriate one in accord with article 16 of the Constitution. 13. Liturgical services are to be celebrated as perfectly as possible. Accordingly: a) The rubrics are to be carefully observed and the ceremdnies should be performed with dignity under the diligent watchfulness of the superiors and after necessary practices have been had beforehand. b) Clerics should frequently perform the functions of their order; that is, those of de,acon, subdeacon, acolyte, lector, and in addition those of commentator and cantor. c) Churches and o~atories, the sacred furnishings in general, and the sacred vestments should be examples of genuine Christian art, including contemporary Christian art. Congregation ol Rites REVIEW FOR RELIGIOUS 6 IlI. The Liturgical Formation of the Spiritual Life of Clerics (Constitution, article 17) 14. In order that clerics may be formed to a full par-ticipation in liturgical services and to a spiritual life de-rived from them and able to be later communicated to others, the Constitution on the Sacred Liturgy is to be put into full effect according to the norms of the docu-ments of the Apostolic See; and towards this end there should be a unanimous and harmonious collaboration on the part of all superiors and teachers. An adequate intro-duction to the sacred liturgy should be pro;tided for clerics by the recommendation of books on the liturgy, especially those which treat of it under its theological and spiritual dimensions, which books should be available in the li-brary in sufficient quantity; by meditations and confer-ences which are chiefly derived from the source of Sacred Scripture and of the liturgy (see the Constitution, article 35, 2); and by common exercises that are in accord with Christian custom and usage and which fit in with the various seasons of the liturgical year. 15. The Eucharist, which is the center of the entire spiritual life, should be celebrated every day, use being made of the various and appropriate forms that best cor-respond to the condition of the participants (see the Con-stitution, article 19). On Sundays, however, and on other major feast days a sung Mass should be celebrated with the participation of all who are in the house; there should be a Homily and as far as possible there should be the sacramental Communion of those who are not priests. Moreover, after the new rite of concelebration has been authorized for public use, priests may concelebrate, especially on the more solemn feasts, when the welfare of the faithful does not require their individual celebration. It is desirable that at least on the greater feast days the seminarians should participate in the Eucharist assem-bled around the bishop in the cathedral church (see the Constitution, article 41). 16. It is most fitting that clerics, even if they are not yet bound by the Divine Office, should engage in a daily and common recital or singing of Lauds in the morning as morning prayer and at evening of Vespers as evening prayer or of Compline at the end of the day. As far as possible, superiors themselves should participate in this common recitation. Moreover, in the order of the day sufficient time for saying the Divine Office should be pro-vided for clerics in sacred orders. It is desirable that at least on major feast days the seminarians should chant Vespers in the cathedral church when this is opportune. 17. Exercises of piety, regulated by the laws or customs of a given place or institution, should be held in honor. Care should be taken, however, especially if they are done in common, that they are in harmony with the sacred liturgy according to the intention of article 15 of the Constitution and that they take consideration of the seasons of the liturgical year. IV. The Liturgical Formation o] Members o[ the States of Perfection 18. What was said in the preceding articles about the liturgical formation of the spiritual life of clerics should also be applied with due adaptation to the members, whether men or women, of the states of perfection. V. The Liturgical Education o[ the Faithful (Constitu-tion, article 19) 19. Pastors of souls should earnestly and patiently strive to carry out the directives of the Constitution about the liturgical education of the faithful and about the foster-ing of their active participation, internal and external, "in accord with their age, condition, type of life, and degree of religious background" (Constitution, article 19).oThey should be especially concerned with the litur-gical education and the active participation of those who are members of religious associations of the laity since it is the latter's duty to share in the life of the Church in a 4. 4. 4. Instrt~tion on the Liturgy VOLUME 24, 1965 ÷ Congregation oJ Rites REVIEW FOR RELIGIOUS more intimate xbay and to be of assistance to their pas-tors also in the matter of appropriately fostering the li-turgical life of the parish (see the Constitution, article 42). VI. The Competent Authority in Liturgical Matters 20. The regulation of the sacred liturgy pertains to the authority of the Church; accordingly, no one else should proceed on his own in this matter to the detriment, as often happens, of the sacred liturgy and of its renewal by competent authority. 21. The following pertain to the Apostolic See: to re-vise and approve the general liturgical books; to regulate the sacred liturgy in those things that affect the universal Church; to approve or confirm the transactions and reso-lutions of the territorial authority; and to receive the proposals and petitions of the same territorial authority. 22. It belongs to the bishop to regulate the liturgy within the limits of his diocese in accord with the norms and spirit of the Constitution on the Sacred Liturgy as well as of the decrees of the Apostolic See and of the competent territorial authority. 23. The various kinds of territorial bodies of bishops to which the regulation of liturgical matters pertains in virtue of article 22, § 2 of the Constitution should be understood for the time being to mean: a) either the body of all the bishops of a given country according to the norms of the apostolic letter Sacram liturgiam, number X; b) or the already lawfully constituted body consisting of bishops or of bishops and other local ordinaries of several countries; c) or the body to be constituted with the permission of the Holy See by bishops or by bishops and other local ordinaries of several countries, especially if in the indi-vidual countries the bishops are so few in number that they more profitably convene together from different countries of the same language and of the same culture. If, however, special local circumstances suggest another type of grouping, the matter is to be proposed to the Apostolic See. 24. The following should be called to the above-men-tioned bodies: a) residential bishops; b) abbots and prelates nullius; c) vicars and prefects apostolic; d) permanently appointed apostolic administrators of dioceses; e) all other local ordinaries except vicars general. Coadjutor and auxiliary bishops can be called by the presiding officer with the consent of the majority of those who take part in the body with a deliberative vote. 25. Unless the law provides otherwise for certain places in view of special circumstances there, the convocation of the body should be made: a) by the respective presiding officer in the case of al-ready established bodies; b) in other cases by the archbishop or bishop who has the right of precedence according to the norms of law. 26. The presiding officer, with the consent of the fathers, determines the order of business and opens, trans-fers, prorogues, and closes the session. 27. A deliberative vote belongs tO all who are men-tioned above in number 24, including coadjutor and auxiliary bishops, unless a different provision is expressly made in the document of convocation. 28. For the lawful enactment of decrees a two-thirds majority of a secret vote is required. 29. The transactions of the competent territorial au-thority that are to be submitted to the Apostolic See for approval or confirmation should contain the following points: a) the names of those present at the session; b) a report of the matters that were discussed; c) the results of the voting for each decree. Two copies of these transactions, signed by the pre-siding officer and the secretary of the conference and with the proper seal, should be sent to the Committee for the Implementation of the Constitution on the Sacred Lit- 30. When, however, it is a question of transactions in which there are decrees concerning the use and extent of the vernacular in the liturgy, besides the matters enu-merated in the preceding number, the following must also be sent according to the norm of the Constitution, article 36, § 3 and of the apostolic letter Sacram liturgiam, number IX: a) an indication of the individual parts of the liturgy that are enacted to be said in the vernacular; b) two copies of the liturgical texts in the vernacular, one of which copies will be returned to the conference of bishops; c) a brief statement of the norms on the basis of which the work of translation was made. 31. Decrees of the territorial authority that require the approval or confirmation of the Apostolic See should be promulgated and put into practice only after they have been approved or confirmed by the Apostolic See. 4. + 4. Instruction on the Liturgy VOLUME 24, 1965 9 ÷ ÷ ÷ Congregation o~ Rites REVIEW FOR RELIGIOUS 10 VII. The Office o] Individuals in the Liturgy (Constitu-tion, article 28) 32. Parts which pertain to the schola or the people, if they are sung or recited by them, are not said privately by the celebrant. 33. Likewise, the celebrant does not privately say the Lessons which are read or chanted by the competent min-ister or by the server. VIII. Avoiding Distinction oI Persons (Constitution, ar-ticle 32) 34. Individual bishops or, if it seems opportune, the regional or national conferences of bishops should see to it that in their territories there should be put into prac-tice the 'prescription of the Council that forbids special distinction for private persons or for social classes either in ceremonies or in external display. 35. Moreover, pastors should not neglect to work with prudence and charity to see to it that in liturgical services and especially in the celebration of Mass and the admin-istration of the sacraments and the sacramentals the equality of the faithful is evident even outwardly and further that all appearances of money-making be avoided. IX. Simpli]ication oI Cortain Rites (Constitution, arti-cle 34) 36. In order that liturgical services may be distin-guished for that noble simplicity that is more in harmony with the mentality of our age: a) the bows to the choir b,y the celebrant and the minis-ters should be made only at the beginning and the end of the sacred service; b) the incensation of the clergy, except that of those who have the episcopal character, should be done for all of them together with a triple swing of the censer to each part of the choir; c) the incensation of the altar should be done only at the altar at which the sacred rite is being celebrated; d) the kissing of hands and of objects which are pre-sented or received is to be omitted. X. The Celebration of the Word of God (Constitution, article 35, 4) 37. If in places that have no priest there is no oppor-tunity for the celebration of Mass on Sundays and on holydays of obligation, the celebration of the Word of God should be had according to the judgment of the local ordinary, with a deacon or even a layman, author-ized for this, presiding over the service. The pattern of this celebration should be the same as that of the liturgy of the Word in the Massi ordinarily the Epistle and the Gospel of the Mass of the day should be read in the vernacular with chants, especially from the Psalms, before and between them; if the one who presides is a deacon, there should be a homily; if he is not a deacon, he should read a homily assigned by the bishop or the pastor; and the entire celebration should close with the "common prayer" or the "prayer of the faithful" and the Lord's Prayer. 38. It is fitting, that the celebrations of the Word of God, which are to be encouraged.on the vigils of the more solemn feasts, on some weekdays of Advent and Lent, and on Sundays and feast days, should also resem-ble the pattern of the liturgy of the Word in the Mass, although there is nothing to prevent there being only one Reading. However, when several Readings are to be arranged, in order that the history of salvation may be clearly seen, the Reading from the Old Testament should generally precede the Reading from the New Testament; and the Reading from the Gospel should appear as the climax. 39. In order that these celebrations may be held with dignity and devotion, it will be the responsibility of the liturgical commissions in the individual dioceses to indi-cate and provide suitable aids. XI. Vernacular Translations o[ Liturgical Texts (Con-stitution, article 36, § 3) 40. When vernacular translations of liturgical texts are prepared according to the norm of article 36, § 3, it is expedient that the following be observed: a) Vernacular translations of liturgical texts should be made from the Latin liturgical text. Moreover, the trans-lation of biblical passages should also be in conformity with the Latin liturgical text. although there remains the full possibility of revising the translation, if deemed ad-visable, in the light of the original text or of another clearer translation. b) The preparation of translations of liturgical texts should be entrusted as a special concern to the liturgical commission mentioned in article 44 of the Constitution and in number 44 of this Instruction; and, as far as pos-sible, this commission should be assisted in this by the institute of pastoral liturgy. If, however, such a commis-sion does not exist, the responsibilities for the making of these translations should be given to two or three bishops who should choose persons, including lay persons, expert in Scripture, in liturgy, in biblical languages, in Latin, in the vernacular, and in music; for the perfect vernacular translation of liturgical texts must simultaneously satisfy many conditions. 4. 4. 4- Instruction on the Liturgy VOLUME 24, 1965 11 ÷ ÷ Congregation o~ Rites REVIEW FOR RELIGIOUS c) If the matter requires it, consultation concerning translations should be had with bishops of neighboring regions of the same language. d) In countries with more than one language vernacular translations in each language should be prepared and submitted to the special examination of the bishops con-cerned. e) Provision should be made for the fitting appearance of the books from which the liturgical texts are read to the people in the vernacular so that the very appearance of the book will lead the faithful to a greater reverence for the Word of God and for sacred things. 41. In liturgical services that are celebrated in some places with a congregation of people of another language, especially in the case of a group of emigrants, of members of a personal parish, and of other such instances, it is per-missible with the consent of the local ordinary to use the vernacular language known to these faithful in accord with the extent of use and the translation legitimately approved by a competent territorial ecclesiastical author-ity of that language. 42. New melodies for parts to be sung in the vernacular by the celebrant and the ministers must be approved by the competent territorial ecclesiastical authority. 43. Unless they are opposed to the Constitution, par-ticular liturgical books that were duly approved before the promulgation of the Constitution on the Sacred Lit-urgy as well as indults granted up to that time remain in force until other provision is made by the liturgical re-form as it is completed either in whole or in part. XII. The Liturgical Commission oI the Bishops" Confer-ence (Constitution, article 44) 44. The liturgical commission to be established when opportune by the territorial authority should be chosen, as far as possible, from the bishops themselves; or, at least, it should consist of one or other bishop with the addition of priests who are expert in liturgical and pas-toral matters and who have been specifically named to the commission. It is desirable that the members of this commission should meet several times a year with the consultors of the commission to deal together with the matters at hand. 45. The territorial authority can, if it seems opportune, entrust this commission with the following: a) to conduct research and experimentation according to the norm of article 40, 1) and 2) of the Constitution; b) to promote in the entire territory practical measures by which liturgical matters and the application of the Constitution on the Sacred Liturgy may be fostered; c) to prepare the studies and aids which become neces- sary as a result of the decrees of the plenary body of bishops; d) to o~cially regulate pastoral-liturgical activity in the entire region, to supervise the application of the de-crees of the plenary body, and to report to this body con-cerning all these matters; e) to have frequent consultations and to promote com-mon undertakings with associations of the same region that are concerned with Scripture, catechetics, pastoral, music, and sacred art, and likewise with every kind of religious association of lay persons. 46. The members of the institute of pastoral liturgy as well as the individual experts who are called to help the liturgical commission should not neglect to freely offer their help to individual bishops for the more effective promotion of pastoral-liturgical activity in their territory. XIII. The Diocesan Liturgical Commission (Constitu-tion, article 45) 47. The following pertain to the diocesan liturgical commission under the direction of the bishop: a) to investigate the status of pastoral-liturgical activity in the diocese; b) to execute with care the liturgical matters that have been proposed by competent authority and to be knowl-edgeable about studies and projects that are being under-taken elsewhere; c) to suggest and promote practical projects of every kind that can contribute to the promotion of liturgical matters, especially those that are helpful to the priests already working in the vineyard of the Lord; d) to suggest opportune and progressive stages of pas-toral- liturgical work for individual cases or even for the entire diocese, to recommend or even call upon compe-tent persons to assist priests on occasion in this matter, and to propose suitable means and helps; e) to see to it that projects begun in the diocese for the promotion of the liturgy proceed with the harmonious and mutual assistance of other associations in a way simi-lar to that described for the commission to be formed within the conference of bishops (number 45, e). CHAPTER II THE MYSTERY OF THE EUCHARIST I. The Mass Rite (Constitution, article 50) 48. Until the entire rite of the Mass has been revised, the following should now be observed: a) The parts of the Proper that are chanted or recited by the schola or the people are not said privately by the celebrant. 4. + + Instruction on the Liturgy VOLUME 24, 1965 ]3 ÷ Congregation o] Rites REVIEW FOR RELIGIOUS 14 b) The celebrant can sing or recite the parts of the Ordinary with the people or the schola. c) In the prayers to be said at the foot of the altar at the beginning of Mass, Psalm 42 is omitted. Moreover, all the prayers at the foot of the altar are omitted whenever another liturgical service immediately precedes the Mass. d) At solemn Mass the paten is not held by the sub-deacon but is left on the altar. e) The Secret or the Prayer over the Offerings should be chanted in sung Masses and recited in a loud voice in other Masses. D The doxology at the end of the Canon from the words "Per ipsum" up to "Per omnia saecula saeculorum. R. Amen" inclusively are to be sung.or recited in a loud voice. Moreover, throughout the entire doxology the cele-brant should hold the chalice with the Host in a some-what elevated position, omitting the signs of the cross; and at the end he genuflects only after "Amen" has been answered by the people. g) In low Masses the Our Father may be recited in the vernacular by the people together with the celebrant; in sung Masses it can be sung by the people with the priest in Latin and also, if the territorial ecclesiastical authority shall so decree, in the vernacular to melodies approved by the same authority. h) The embolism after the Lord's Prayer should be sung or recited in a loud voice. i) In the distribution of Holy Communion the formula "Corpus Christi" should be used. While saying these words, the celebrant lifts up the Host a little over the ciborium to show it to the communicant who answers "Amen" and is then given Communion by the celebrant, the sign of the cross with the Host being omitted. I) The Last Gospel is omitted; the Leonine prayers are suppressed. k) It is lawful to celebrate a sung Mass with a deacon only. /) It is lawful for bishops, when necessary, to celebrate a sung Mass in the form used by priests. II. The Lessons and the Chants between the Lessons (Constitution, article 51) 49. In Masses celebrated with the people, the Lessons, the Epistle, and the Gospel are read or sung facing the people: a) during a solemn Mass at the ambo or at the edge of the sanctuary; b) during high Mass and during low Mass, if they are read or chanted by the celebrant, either from the altar or at the ambo or at the edge of the sanctuary as may be more convenient; if, however, they are said or sung by someone else, at the ambo or at the edge of the sanctuary. 50. At non-solemn Masses celebrated with the people, the Lessons and the Epistle together with the chants be-tween them can be read by a qualified lector or server while the celebrant sits and listens; the Gospel can be read by a deacon or by another priest; the one who so reads it says the Munda cot meum, asks for the blessing, and at the end presents the Book of the Gospels for the celebrant to kiss. 51. In sung Masses the Lessons, the Epistle, and the Gospel may be read without chant if they are presented in the vernacular. 52. In reading or singing the Lessons, the Epistle, the chants occurring after these, and the Gospel, the follow-ing procedures are to be followed: a) At solemn Mass the celebrant sits and listens to the Lessons and the Epistle together with the chants between them. After the Epistle has been sung or read, the sub-deacon goes to the celebrant and is blessed by him. Then the celebrant, seated, puts incense in the censer and blesses it; while the Alleluia with its verse is being sung or to-wards the end of other chants that follow the Epistle, he rises to bless the deacon; he listens to the Gospel at his seat, kisses the Book of the Gospels, and, after the Homily, intones~the Creed if it is to be said; when the Creed is finished, he returns to the altar with the ministers unless he is to conduct the "prayer of the faithful." b) In high or low Masses at which the Lessons, the Epistle, the chants that follow these, and the Gospel are sung or read by the minister mentioned in number 50, the celebrant follows the procedure just described. c) In high or low Masses in Which the Gospel is sung or read by the celebrant, while the Alleluia and its verse is being sung or read or towards the end of other chants that follow the Epistle, the celebrant goes to a position in front of the lowest step of the altar and there, bowing pro-foundly, says the Munda cot meum; then he goes to the ambo or to the edge of the sanctuary to sing or read the Gospel. d) If, however, in high and low Masses all the Readings are sung or read by the celebrant at the ambo or at the edge of the sanctuary, then, while standing, he also reads, if necessary, the chants that occur after the Lessons and the Epistle; and he says the Munda cor meum while turned toward the altar. III. The Homily (Constitution, article 52) 53. On Sundays and holydays of obligation a Homily should be had at all Masses celebrated with a congregation 4. 4" 4. InsCruvtion on th~ Liturgy VOLUME 24, 1965 ]5 ÷ ÷ ÷ Congregation oy Rites REVIEW FOR RELIGIOUS 16 of people, no exception being made for conventual, sung, and pontifical Masses. On other days a Homily is recommended especially on some of the weekdays of Advent and Lent and on other occasions when the people come to church in greater num-bers. 54. By a Homily made from the sacred text is meant an explanation either of some aspect of the Readings of Sacred Scripture or of some other text from the Ordinary or the Proper of the Mass of the day, consideration being given to the mystery that is being celebrated and the par-ticular needs of the hearers. 55. If for certain periods a program is proposed for the preaching to be had during Mass, an intimate connection is to be harmoniously retained with at least the principal seasons and feasts of the liturgical year (see the Constitu-tion, articles 102-104), that is, with the mystery of 'the redemption; for the Homily is part of the liturgy of the day. IV. The Common Prayer or the Prayer of the Faithful (Constitution, article 53) 56. In places where the custom is already had of having: the common prayer or the prayer of the faithful, it should for the time being take place before the Offertory after the word Oremus and according to the formulas now in use in the individual regions; the celebrant shall conduct the prayer either from his seat or from the altar or from the ambo or from the edge of the sanctuary. The intentions or invocations may be sung by a deacon or by a cantor or other qualified server, though there should be reserved to the celebrant the words of introduc-tion as well as the concluding prayer which ordinarily should be the prayer: Deus, refugium nostrum et virtus (see the Roman Missal, "Orationes diversae," number 20) or some other prayer that better corresponds to a par-ticular need. In places where the common prayer or the prayer of the faithful is not in use, the competent territorial au-thority may decree that it should be done in the way just indicated above with formulas approved for the time be-ing by that authority. V. The Vernacular in the Mass (Constitution, article 54) 57. In Masses, whether sung or low, that are celebrated with the people, the competent territorial ecclesiastical authority, after its provisions have been approved or con-firmed by the. Apostolic See, may allow the vernacular: a) especially in the delivery of the Lessons, the Epistles, and the Gospel, as well as in the common prayer or the 13rayer of the faithful; b) according to local circumstances also in the chants of the Ordinary of the Mass, namely, the Kyrie, the Gloria, the Credo, the" Sanctus-Benedictus, and the Agnus Dei, and in the antiphons atthe Introit, the Offertory, and the Communion, as well as in the chants that occur between the Readings; c) and furthermore in the acclamations, salutations, and dialogue formulas, in the formulas: Ecce Agnus Dei, Domine, non sum dignus, and Corpus Christi at the Communion of the faithful, and in the Our Father with its introduction and embolism. Missals, however, that are employed in Iiturgical use should contain the Latin text in addition to the vernacu-lar translation. 58. It pertains solely to the Apostolic See to allow the vernacular in other parts of the Mass that are sung or said only by the celebrant. 59. Pastors of souls should carefully see to it that the faithful, above all the members of religious associations of lay persons, know how t6 say or sing (especially if simpler melodies are used) together in the Latin language the parts of the Ordinary of the Mass that pertain to them. VI. Receiving Communion Twicd on the Same Day (Con-stitution, article 55) 60. The faithful who go to Communion at the Mass of the Easter Vigil and at midnight Mass on Christmas, may go to Communion again during the second Mass of Easter and during one of the Masses that are celebrated on Christmas during the daytime. CHAPTER III THE OTHER SACRAMENTS AND THE SACRAMENTALS I. The Use o[ the Vernacular (Constitution, article 63) 61. After its provisions have been approved or con-firmed by the Apostolic See, the competent territorial authority can introduce the vernacular: a) into the rites of baptism, coiafirmation, penance, the anointing of the sick, and matrimony, including in all these the essential formula, as well as into the distribu-tion of Holy Communion; b) at the conferral of orders into the allocutions at the beginning of each ordination or consecration and also into the examination of the bishop-elect in episcopal consecration, and into the admonitions; c) into the sacramentals; d) into funeral rites. Whenever a greater use of the vernacular seems to be desirable, the prescription of article 40 of the Constitu-tion should be observed. 4. 4. 4. Instrurtion on the Liturgy VOLUME 24, 1965 17 Congregation oy ~t~tes REVIEW FOR REL]G[OUS II. Changes in the Rite lot Supplying Omissions in Bap-tism (Constitution, article 69) 62. In the rite for supplying omissions in the case of a baptized infant as given in the Roman Ritual, Title Chapter 5, theie should be omitted the exorcisms that are found under numbers 6 (Exi ab eo), 10 (Exorcizo te, immunde spiritus . Ergo, maledicte diabole), and 15 (Exorcizo te, omnis spiritus). 63. In the rite for supplying omissions in the case of a baptized adult as given in the Roman Ritual, Title II, Chapter fi, there should be omitted the exorcisms that are found under numbers 5 (Exi ab eo), 15 (Ergo, male-dicte diabole), 17 (dadi, maledicte satana), 19 (Exorcizo te- Ergo, maledicte diabole), 21 (Ergo, maledicte diabole), 23 (Ergo, maledicte diabole), 25 (Exorcizo te - Ergo, male-dicte diabole), 31 (Nec te latet), and 35 (Exi, immunde spiritus). III. Conl~rmation (Constitution, article 71) 64. If confirmation is conferred during Mass, it is fitting that the Mass be celebrated by the bishop, in which case he confers confirmation while wearing the Mass vestments. Moreover, the Mass during which confirmation is con-ferred can be ,said as a II class votive Mass of the Holy Spirit. 65. After the Gospel and the Homily and before the re-ception of confirmation, it is praiseworthy that those to be confirmed should renew their baptismal promises ac-cording to the rite in legitimate use in individual regions, unless this has already been done before Mass. 66. If the Mass is celebrated by another, it is fitting that the bishop should assist at the Mass in the vestments prescribed for the conferral of confirmation; these vest-ments may be either the color of the Mass or white. The bishop, should give the Homily, and the celebrant should resume the Mass only after confirmation has been conferred. 67. Confirmation is conferred according to the rite given in the Roman Pontifical; but only one sign of the cross is made at the words In nomine Patris, et Filii, et Spiritus Sancti that follow the formula Signo te. IV. Continuous Rite for the Anointing of the Sick and Viaticum (Constitution, article 74) 68. When the anointing of the sick and Viaticum are conferred at the same time, and a continuous rite is not already given in a particular Ritual, the following order should be observed: After the sprinkling and. the prayers to be said when first entering as given in the rite of the anointing, the priest hears, if necessary, the confession of the sick person, then confers the anointing, and finally gives Viaticum, omitting the sprinkling with its formulas as well as the Gonfiteor and the absolution. V. The Imposition of Hands during Episcopal Consecra-tion (Constitution, article 76) 69. All the bishops present in choir dress at an episcopal consecration may impose hands. However, the. words .4ccipe Spiritum Sanctum are to be said only by the consecrating bishop and the two co-consecrating bishops. VI. The Rite of Matrimony (Constitution, article 78) 70. Unless a just cause excuses from the celebration of Mass, matrimony should be celebrated during Mass ter the Gospel and after the Homily, which should never be omitted. 71. Whenever matrimony is celebrated within Mass, the votive nuptial Mass is always said or a commemora-tion made of it, even during the prohibited times. 72. As far as possible, the parish priest or his delegate who assists at the marriage should celebrate the Mass; but if another priest assists at the matrimony, the cele-brant should not continue the Mass until the rite of matrimony has been completed. The priest who assists at the marriage but does not celebrate the Mass should be vested in surplice and white stole and, according to local custom, in white cope; and he should give the Homily. But the blessing after the Pater noster and the one before the Placer should always be given by the priest who celebrates the Mass. 73. The nuptial blessing during Mass is always given, even during the prohibited times and even if one or both of the parties are not entering marriage for the first time. 74. In the celebration of matrimony outside of Mass: a) At the beginning of the rite in accord with the apos-tolic letter Sacram liturgiam, number V, there should be a brief talk that is not a Homily but a simple intro-duction to the celebration of matrimony (see the Con-stitution, article 35, 3); the Sermon or Homily from the sacred text (see the Constitution, article 52) should be given after the reading of the Epistle and the Gospel from the nuptial Mass. Hence the arrangement of the entire rite should be the following: a short talk; the reading of the Epistle and the Gospel in the vernacular; the Homily; the celebration of matrimony; the nuptial blessing. b) With regard to the reading of the Epistle and the Gospel from the nuptial Mass, if there is no vernacular text approved by the competent territorial ecclesiastical + + 4. Instruction on the Liturgy VOLUME 24, 1965 ]9 + + Congregation oI Rites REVIEW FOR RELIGIOUS authority, it is permitted for the time being to use a text approved by the local ordinary. c) Nothing prevents having a chant between the Epistle and the Gospel. Likewise, it is highly recom-mended that after the rite of matrimony and before the nuptial blessing there should be the prayer of the faithful according to a formula approved by the local ordinary in which petitions for the couple are also in-cluded. d) At the end of the rite the blessing should always be given to the spouses even during the prohibited times and even if one or both of the spouses are not entering marriage for the first time; the blessing should follow the formula given in the Roman Ritual, Title VIII, Chapter 3, unless another blessing is given in par-ticular Rituals. 75. If matrimony is celebrated during a prohibited season, the pastor should advise the spouses to take into consideration the special nature of that liturgical season. VII. The Sacramentals (Constitution, article 79) 76. At the blessing of candles on February 2 and of ashes at the beginning of the Lenten fast, one only of the prayers found in the Roman Missal for these blessings may be said. 77. The blessings that up to now have been reserved and that are contained in the Roman Ritual, Title IX, Chapters 9, 10, and 11 may be given by every priest with the exception of the following: the blessing of a bell for the use of a blessed church or oratory (Chapter 9, number 11), the blessing of the first stone for the building of a church (Chapter 9, number 16), the blessing of a new church or a public oratory (Chapter 9, num-ber 17), the blessing of an antimension (Chapter 9, num-ber 21), the blessing of a new cemetery (Chapter 9, number 22); the papal blessings (Chapter 10, numbers 1-3), the blessing and erection of the Way of the Cross (Chapter 11, number 1) since this is reserved to the bishop. CHAPTER IV THE DIVINE OFFICE I. The Celebration of the Divine O~ce by Those Bound to Choir (Constitution, article 95) 78. Until the revision of the Divine Office is com-pleted: a) Communities of canons, monks, and nuns, and of other regulars or religious that are bound by law or their constitutions to choir must daily celebrate the en-tire Divine Office in addition to the conventual Mass. Individual members of these communities who are in major orders or are solemnly professed, with the ex-ception of brothers [conversi], must, even though they are legitimately dispensed from choir, individually re-cite each day the canonical Hours that they do not cele-brate in choir. b) In addition to the conventual Mass, cathedral and collegiate chapters must celebrate in choir those parts of the Office imposed on them by common or particular law. Moreover, individual members of these chapters, in addition to the canonical Hours that all clerics in major orders must say (see the Constitution, articles 96 and 89), must individually recite the Hours which are celebrated by their chapter. c) However, in mission territories, without derogation of the religious or capitular discipline set down by law, religious or capitulars who are legitimately absent from choir for pastoral reasons may with the permission of the local ordinary but not that of the vicar general or delegate make use of the concession granted by the apostolic letter Sacram liturgiam, number VI. II. Dispensing [rom or Commuting the Divine Olfice (Constitution, article 97) 79. The power granted to all ordinaries of dispensing their subjects in individual chses and for a just reason from the obligation of the Divine Office in whole or in part or of commuting it is extended also to major su-periors of non-exempt clerical religious institutes and of societies of clerics living in common without vows. III. Little Olfices (Constitution, article 98) 80. No Little Office is to be regarded as composed after the pattern of the Divine Office if it does not consist of Psalms, Lessons, hymns, and prayers and if it does not take some account of the Hours of the day and of the liturgical seasons. 81. In order to take part in the public prayer of the Church, for the time being those Little Offices can be used that have been legitimately approved up to the present time provided that they are composed in accord with the requirements stated in the preceding number. New Little Offices, however, must be approved by th$ Apostolic See in order that they may be used for the public prayer of the Church. 82. The translation of the text of a Little Office into the vernacular for use as the public prayer of the Church must be approved by the territorial ecclesiastical au-thority with the approbation or confirmation of the Apostolic See. 4" Instruction on the Liturgy VOLUME 24, 1965 21 4. ÷ Congregation o] Rites REVIEW FOR RELIGIOUS 83. The competent authority for allowing the use of the vernacular in the recitation of a Little Office to those 9bliged to it by their constitutions and for dis-pensing from or commuting this obligation is the ordi-nary or major superior of each subject. IV. The Common Celebration of the Divine Ol~ce or oI a Little 01rice by Members of the States of Perfec-tion (Constitution, article 99) 84. The obligation of reciting, in common the Divine Office or a Little Office or some part of them imposed on members of the states of perfection by their consti-tutions does not remove the faculty of omitting the Hour of Prime and of choosing that one of the Small Hours that best suits the time of day (see the apostolic letter Sacram liturgiam, number VI). V. The Language to Be Used in the Recitation of the Divine O~ce (Constitution, article 101) 85. In choral celebration of the Divine Office clerics must retain the Latin language. 86. The power granted to the ordinary of permitting the use of the vernacular in individual cases to those clerics to whom the use of the Latin language is a serious impediment to the worthy praying of the Office is ex-tended also to major superiors of non-exempt clerical religious institutes and of societies of clerics living in common without vows. 87. The serious impediment required for the preced-ing permission must be weighed by taking into con-sideration the physical, moral, intellectual, and spiritual condition of the petitioner. Moreover, this faculty, granted as it has been only to make the recitation of the Office easier and more devout, in no way diminishes the obligation by which a priest of the Latin rite is bound to learn the Latin language. 88. The vernacular translation of the Divine Office according to a rite other than the Roman one should be prepared and approved by the respective ordinaries of that language; however, in the parts that are common to both rites, the translation approved by the territorial authority should be used, and afterwards the entire trans-lation should be submitted for the confirmation of the Apostolic See. 89. The Breviaries to be used by clerics to whom the use of the vernacular in the Divine Office has been granted in accord with the norm of article 101, § 1 of the Constitution must contain the Latin text in addi-tion to the vernacular translation. CHAPTER V THE PROPER CONSTRUCTION OF CHURCHES AND ALTARS TO FACILITATE THE ACTIVE PARTICIPATION OF THE FAITHFUL I. The Arrangement oI Churches 90. In the new construction, renovation, or adaptation of churches, great care should be taken that they are made suitable for the celebration of the sacred actions in accord with their true nature and for the securing of the active participation of the faithful (see the Constitu-tion, article 124). II. The Main Altar 91. It is better that the main altar be constructed sepa-rately and away from the wall so that one can go around it easily and so that celebration facing the people can take place at it. Moreover, the place that it occupies in the entire building should be such that it is really the center towards which the attention of the congregation of the faithful spontaneously turns. In the choice of materials for the construction and ornamentation of this altar, the prescriptions of law should be observed. Furthermore, the presbyterium around the altar should be ample enough that the sacred rites can be performed with ease. Ill. The Seat for the Celebrant and the Ministers 92. According to the structure of individual churches, the seat for the celebrant and the ministers should be so placed that it can be easily seen by the faithful and so that the celebrant himself really appears as presiding over the entire community of the faithful. However, if the seat is placed behind the altar, the form of a throne is to be avoided, since this is reserved for the bishop alone. IV. Minor Altars 93. The minor altars should be few in number; and insofar as the structure of the building permits, it is highly fitting that they be placed in chapels somewhat separate from the principal part of the church. V. The Ornamentation of Altars 94. The cross and candles required on the altar for individual liturgical services may also be placed next to the altar in accordance with the judgment of the local ordinary. 4" 4" 4" Instruction on th~ Liturgy VOLUME 24, 1965 4. 4. Congregation o] Rites REVIEW FOR RELIGIOUS VI. The Reservation oI the Blessed Eucharist 95. The Blessed Eucharist should be reserved in a solid and inviolable tabernacle placed in the middle of the main altar or of a minor but distinguished altar; or, according to legitimate custom and in special cases to be approved by the local ordinary, it can be kept in some other part of the Church that is beautifully and properly adorned.- It is lawful to celebrate Mass facing the people even if there is a small but suitable tabernacle on the altar. VII. The Ambo 96. It is fitting that for the sacred Readings there should be an ambo or ambos so situated that the min-isters can be easily seen and heard by the faithful. VIII. The Place of the $chola and the Organ 97. The places for the schola and the organ should be arranged so that the chanters and the organist clearly appear as a part of the congregated community of the faithful and so that they can perform their liturgical functions more easily. IX. The Places .of the Faithful 98. The places for the faithful should be arranged with particular care so that visually and mentally they can have a proper participation in the sacred celebrations. It is desirable that ordinarily there be pews or seats for their use. But the custom of reserving seats for certain private persons is to be reprobated according to the norm of article 32 of the Constitution. Care should also be taken that the faithful can not only see the celebrant and the other ministers but that with the' use of modern technical means they can also easily hear them. X. The Baptistry 99. In the construction and ornamentation of the baptistry, it should be carefully attended to that the dignity of the sacrament of baptism is clearly shown and that the place is suitable for community celebrations (see article 27 of the Constitution). The present Instruction was prepared at the command of His Holiness Paul VI by the Committee for the Implementation of the Constitution on the Sacred Lit-urgy and was presented to him by Giacomo Cardinal Lercaro, chairman oI the Committee. The Holy Father, a[ter duly considering this Instruc- tion with the help of the above mentioned Committee and of the Sacred Congregation of Rites, in an audience granted on September 26, 1964, to Arcadio Maria Cardi-nal Larraona, pre[ect of the Sacred Congregation oI Rites, approved it in a special way in each and all of its parts and ordered it to be published and to be carefully ob-served by all concerned beginning on March 7, 1965, the First Sunday oI Lent. All things to the contrary notwithstanding. Rome, September 26, 1964. GIACOMO CARD. LERCARO Archbishop of Bologna Chairman of the Commit-tee for the Implementa-tion of the Constitution on the Liturgy ARCADIO M. CARD. LARRA-ONA Prefect of the Sacred Con-gregation of Rites ~ Enrico Dante Titular archbishop of Car-pasia Secretary of the Sacred Congregation of Rites + 4. 4. Instruction on the Liturgy VOLUME 24, 1965 25 PONTIFICAL BIBLICAL COMMISSION Instruction on the Historicity of the Gospels ÷ ÷ ÷ Biblical ~ommission REVIEW FOR RELIGIOUS Holy Mother Church,* which is "the pillar and the foundation of the truth," x has always made use of Sacred Scripture in her work of bringing salvation to souls and has protected it from false explanations of every kind. Because there will never be a lack of problems, the Cath-olic exegete must never lose heart in his work of ex-pounding the Word of God and of solving the difficulties that are alleged against it; rather, relying not merely on his own abilities but having a firm trust chiefly in the help of God and the light coming from the Church, he must work strenuously to disclose the real meaning of Scripture to an ever greater degree. It is a cause of great joy that in the Church today there can be found so many loyal sons of the Church who have the proficiency in biblical matters that our times require and who in response to the insistence of the supreme pontiffs have devoted themselves completely and tirelessly to this important and difficult work. "All the other sons of the Church should keep in mind that the efforts of these hardworking laborers in the Lord's vine-yard should' be judged not only with fairness and justice but also with the greatest charity";2 for even exegetes of great reputation such as Jerome, in attempting to clear up the more difficult questions, have at times produced results that were not at all fortunate,a Care should be ¯ The original Latin text of this Instruction, entitled Sancta Mater Ecclesia, is given in Acta Apostolicae Sedis, v. 66 (1964), pp. 712-8. 1 1 Tim 3:15. ~ Divino affiante Spiritu; Enchiridion biblicum, 4th ed. [here-after referred to as EB], n. 564; Acta Apostolicae Sedis [hereafter re-ferred to as ,,lAb'], v. 35 (1943), p. 319. 8See Spiritus Paraclitus; EB, n. 451; ,'/,,IS, v. 12 (1920), p. 392. taken "that the limits of mutual charity are not trans-gressed in the heat of debate and discussion and that the impression is not given during such discussions that the revealed truths themselves and the divine traditions are being questioned. For unless there is harmony of spirit and the safeguarding of principles, it cannot be expected that notable progress in this branch of learn-ing will result from the various studies of so many schol-ars." 4 The work of exegetes is needed .today in an even more special way since wide circulation is given to many pub-lications in which the truth of the events and .sayings contained in the Gospels is being endangered. For this reason the Pontifical Biblical Commission, in the dis-charge of the duty entrusted to it by the supreme pon-tiffs, has thought it opportune to set forth and emphasize the following points. 1. The Catholic exegete, under the guidance of the Church, should profit from everything which previous interpreters, especially the holy fathers and doctors of the Church, have contributed to the understanding of the sacred text; and he should continue their work by ad-vancing it to a further stage. In order to bring out with all clarity the enduring truth and authority of the Gospels, the exegete, while carefully retaining the norms of reasonable and Catholic hermeneutics, will make an intelligent use of new exegetical helps, particularly those which the historical method has on the whole made available. This method diligently investigates sources, determines their nature and value, and makes use of textual criticism, literary criticism, and language studies. The exegete will follow the advice of Plus XlI of happy memory who enjoined that the exegete "should judi-ciously investigate what the literary form or type used by the sacred writer contributes to a valid and genuine in-terpretation; and he should be convinced that he cannot neglect this aspect of his work without great damage to Catholic exegesis." 5 In giving this advice, Pius XlI of happy memory was formulating a general rule of her-meneutics by the help of which the books of both the Old and the New Testaments are to be explained, since their sacred writers, in composing them, made use of the ways of thinking and writing in use among, their con-temporaries. Finally, the exegete will employ every available means by which he can attain a thorough knowledge of the characteristics of the testimony of the Gospels, of the religious life of the first churches, and of the meaning and value of the apostolic traditions. ~The apostolic letter Vigilantiae; EB, n. 143; Leonis XIII Acta, v. 22, p. 237. ~Divino afftante Spiritu; EB, n. 560; AAS, v. 35 (1943), p. 316. + + + Gospels VOLUME 24, 1965 + ae ae Biblical Commission REVIEW FOR RELIGIOUS When it is applicable, the interpreter can investigate what sound elements there are in the "method of form criticism" and can use these for a fuller understanding of the Gospels. In doing this, however, he should pro-ceed with mature deliberation since often there are ad-joined to this method inadmissible philosophical and theological principles that not infrequently vitiate both the method and the literary conclusions that are drawn. Certain exponents of this method, misled by ration-alistic prejudices, refuse to acknowledge the existence of a supernatural order, the intervention into this world of a personal God through revelation in the proper sense of that word, and the possibility and existence of mir-acles and prophecies. Others begin with a false notion of faith, conceiving it as though it has no concern for his-torical truth and indeed is incompatible with it. Still others have a kind of a priori negation of the historical value and nature of the documents of revelation. Others, finally, minimizing the authority of the Apostles as wit-nesses to Christ, their office, and their influence in the primitive community, exaggerate the creative ability of this community. These matters are not only opposed to Catholic doctrine but also are devoid of any scientific basis and are foreign to the genuine principles o[ the historical method. 2. In order that the trustworthiness of what is related in the Gospels may be correctly established, the inter-preter should give careful attention to the three periods of tradition through which the doctrine and life of Jesus have come to us. Christ the Lord attached to Himself chosen disciples6 who followed Him from the beginning,7 observed His actions, and heard His words, thereby becoming qualified to be witnesses of His life and doctrine,s When the Lord gave His oral expositions of His doctrine, He followed the ways of thought and exposition in general use at that time; in this way He adapted Himself to the men-tality of His hearers and made sure that what He taught would be firmly impressed on their minds and could be easily remembered by His disciples. These latter cor-rectly understood that the miracles and the other events in the life of Christ took place or were arranged in such a way that through them men might believe in Christ and accept by faith the doctrine of salvation. The Apostles, when they witnessed to Jesus,° first of all proclaimed the death and the resurrection of the Lord; eSee Mk 3:14; Lk 6:13. See Lk 1:2; Acts 1:21-2. sSee Lk 24:48; Jn 15:27; Acts 1:8; 10:39; 13:31. See Lk 24:44-8; Acts 2:32; 3:15; 5:30-2. and they honestly described His life and doctrine?° tak-ing account in their way of preaching11 of the circum-stances in which their hearers found themselves. After Jesus had arisen from the dead and His divinity was clearly perceived?2 the faith of His followers was far from erasing the memory of what had happened but rather strengthened that memory since their faith was based on what Jesus had done and taught,la Nor was Jesus changed into a "mythical" personage and His doc-trine distorted because of the worship with which the disciples now venerated Him as the Lord and the Son of God. Still, there is no reason why it should be denied that the Apostles, when relating to their audiences what had been really said and done by the Lord, did so with that fuller understanding which, after their instruction by the events of glory in the life of Christ and after their enlightenment by the Spirit of truth,14 was theirs to en-joy. x5 Hence it was that just as Jesus Himself after His Resurrection "interpreted to them" 16 the words both of the Old Testament and of Himself?~ so also the Apostles interpreted His words and actions as the needs of their hearers required. "Being devoted to the ministry of the word," as they did their preaching using such various ways of speaking as were adapted to their own purpose and to the mentality of their hearers; for it was "to Greek and non-Greek, to the learned and the unlearned" x9 that they owed their obligation.2° The following various ways of speaking by which, like so many heralds, they proclaimed Christ must be differentiated and carefully appraised: catecheses, narratives, testimonies, hymns, doxologies, prayers, and other such literary forms that were customarily used in Sacred Scripture and by the people of that time. This earliest teaching which was first given orally and then in writing--for it soon happened that many at-tempted "to draw up an account of the events" 21 which concerned the Lord Jesus--was incorporated by the sacred writers for the benefit of the Church into the four Gospels, each one following the method adapted to the special purpose he had. From the great quantity of tra- See Acts 10:36-~1. See Acts 13:16--41 together with Acts 17:22-31. Acts 2:36; Jn 20:28. ~Acts 2:22; 10:37-9. See Jn 14:26; 16:13. ~Jn 2:22; 12:16; 11:51-2; see also 14:26; 16:12-3; 7:39. Lk 24:27. See Lk 24:44-5; Acts 1:3. Acts 6:4. gom 1:14. 1 Cor 9:19-23. See Lk 1:1. 4- 4- + Historicity o~ the Gospels VOLUME 24, 1965 ~9 4. Biblical Commission REVIEW FOR RELIGIOUS ~0 ditional materials, they made a selection of some, some they presented in a synthesis, and some they explained in terms of the situation of the churches; and in all this they took every precaution that their readers might real-ize the trustworthiness of the message in which they had been instructed.2z From the matters which they had re-ceived, the sacred authors chose especially those things which were adapted to the various circumstances of the faithful and to the purpose intended by them; and they narrated their selections in a way that was consonant with those circumstances and that purpose. Since the meaning of a statement is also dependent on its place in a given sequence, the evangelists, when they related the words or actions of the Savior, explained them for the benefit of their readers through the context, one evangelist using one. context while another would employ a different context. Accordingly, the exegete should make a close investigation o[ what an evangelist intended when he narrated a saying or action in a given way or placed it in a given context. For the truth of the narra-tive is not at all desiroyed by the fact that the evangelists give the words and actions of the Lord in a different order23 or by the fact that they express His statements in different ways, no~ keeping to the letter but nevertheless relating the sense.24 As St. Augustine points out: "With regard to those matters the different ordering of which does not lessen the authority and truth of the Gospels, it is probable enough that each of the evangelist's thought that he should put his narratives in the order in which God willed to suggest them to his memory. If a person reverently and diligently inquires into the matter, he will be able with the help of God to find out why the Holy Spirit, who distributes His gifts to each as He wishes2~ and who therefore--because of the fact that these books were to be placed at the very summit of authority--without a doubt directed and controlled the minds of the sacred writers as they reflected on what they should write, permitted different writers to arrange their narratives in different ways." 26 Unless the exegete takes into account all the factors involved in the origin and the composition .of the Gospels and makes due use of the legitimate findings of recent research, he will not be performing his duty of ~ See Lk 1:4. ~ See St John Chrysostom, Homiliae 90 in Evangeliura S. Matthaei, I, 3; PG, v. 57, col. 16-7. a See St. Augustine, De consensu evangelistarura libri quatuor, 2, 12, 28; PL, v. 34, col. 1090-1. ~ 1 Cot 12:11. ~St. Augustine, De consensu, 2, 21, 51 f.; PL, v.34, col. 1102. finding out what the sacred writers intended and what they actually said. Since it appears from the findings of recent research that the doctrine and life of Jesus were not related for the sole purpose of retaining them in re-membrance but that they were "proclaimed" in such a way that they might furnish the Church a foundation for faith and morals, the interpreter who is untiring in mak-ing a close study of the testimony of the Gospels will be able to shed a greater light on the enduring theological value of the Gospels and to exhibit in the clearest light the negessity and importance of the Church's interpreta-tion. There still exist many questions of the greatest serious-ness in the discussion and explanation of which the Catholic exegete can and should freely exercise his in-telligence and ability so that each one individually may make his contribution to the benefit of all, to the con-tinued advancement of sacred doctine, to the prepara-tion for and further support of the decisions of the Church's teaching authority, and to the defence and honor of the Church.u7 But they must always be pre-pared to obey the teaching authority of the Church, nor should they forget that the Apostles were filled with the Holy Spirit when they proclaimed the good news and that the Gospels were written under the inspiration of the Holy Spirit who preserved their authors from all error. "We came to know the plan of our salvation through no others than those through whom the gospel came to us. This gospel they first proclaimed by mouth, but afterwards by the will of God they passed it on to us in the Scriptures to be the foundation and pillar of our faith. For it is not permissible to say that they preached before they possessed perfect knowledge, as some dare to assert who boast that they are the correctors of the Apos-tles. For after our Lord had arisen from the dead and they had been invested from on high with the power of the Holy Spirit who descended upon them, they were filled with all the gifts and possessed perfect knowledge. They went forth to the ends of the earth preaching the message of the blessings we have from God and pro-claiming heavenly peace to men, each and every one of them equally possessing God's gospel." us 3. Those to whom the duty of teaching in seminaries or in similar institutions has been entrusted "should make it their first concern., that Sacred Scripture is taught in a way that is completely in consonance with ~See Divino a~ante Spiritu; EB, n. 565; AtlS, v.35 (1943), p. 319. ~St. Irenaeus, Adversus haereses, III, 1, 1; in the edition by W. Wigan Harvey, v. 2, p. 2; PG, v. 7, col. 844. ÷ ÷ ÷ Historicity oJ the Gospels VOLUME 24s 1965 31 + ÷ ÷ Biblical ~ommission REVIEW FOR RELIGIOUS what the importance of the matter and the needs of the times warrant." 29 Professors should chiefly set forth the theological content so that Sacred Scripture "may become for the future priests of the Church a pure and never failing source of each one's spiritual life as well as a strength-giving food for the role of preaching which they will assume." a0 When they make use of critical tech-niques, especially those of what is known as literary criticism, they should not do so in order to exercise those techniques for their own sake but in order that by their light they may more clearly see the meaning communi-cated by God through the sacred writer. Hence they should not stop halfway and reniain satisfied with just the literary discoveries they have made; over and beyond this they should show how these really help to a clearer understanding of revealed doctrine or, if the case war-rants, to a refutation of erroneous positions. If teachers follow these norms, they will ensure that their students will find in Sacred Scripture that "which raises the mind to God/nourishes the soul, and fosters the interior life." ax 4. Those who instruct the Christian people by sacred preaching have in all truth a need for the greatest prudence. They should chiefly impart doctrine, mindful of St. Paul's warning: "Pay attention t9 yourself and your teaching, and be persistent in this; by doing this, you will further the salvation of yourselves and of those who hear you." ~2 They should refrain entirely from pro-posing matters that are useless novelties or not sufficiently proved. New views, once they are solidly established, may, if necessary, be set forth in a discreet way, account being taken of the nature of the audience. When they narrate biblical events, they should not make fictitious additions that are not conformed to truth. This virtue of prudence should be especially exer-cised by those who publish writings for the faithful at the popular level. They should take care to set forth the supernatural treasures of the Word of God "in order that the faithful., may be moved and incited to order their lives in a correct way." an They should regard it as an inviolable duty never to depart in the slightest from the common teaching and tradition of the Church; they should, to be sure, make use of whatever advances in biblical knowledge have been made by the intelligence of recent scholars, but they should completely avoid the The apostolic letter Quoniam in re biblica; EB, n. 162; Pii X Acta, v. 3, p. 72. ~°Divino a~lante Spiritu; EB, n. 567; AA$, v. 35 (1943), p. 322. ~Divino aOiante Spiritu; EB, n. 552; AA$, v. 35 (1943), p. 311. 1 Tim 4:16. Divino a~tante Spiritu; EB, n. 566; AAS, v. 35 (1943), p. 320. rash fabrications of innovators,a4 They are strictly for-bidden to give in to the destructive itching for novelty by thoughtlessly publicizing without any judicious and serious discrimination any and all attempts to solve dif-ficulties, thus disturbing the faith of many. Earlier, this Pontifical Biblical Commission had al-ready judged it good to recall to mind the fact that books together with magazine and newspaper articles dealing with biblical matters are subject to the authority and jurisdiction of ordinaries, since they are religious publications and are concerned with the religious in-struction of the faithful,a5 Hence the ordinaries are asked to pay the greatest attention to these popular publica-tions. 5. Those in charge of biblical associations should, in-violably obey the laws laid down by the Pontifical Bibli-cal Commission.a6 If all the above points are observed, the study of Sacred Scripture will result in profit to the faithful. There will be no one who does not also experience today what St. Paul described: the Sacred Scriptures "have the power to make you wise and to lead you to salvation through faith in Christ Jesus. All scripture, being inspired by God, is useful for teaching, for reproving error, for cor-recting, and for training in right conduct so that the man who is God's may be perfect, equipped for good work of every kind." 37 His Holiness, Paul VI, in an audience graciously granted on April 21, 1964, to the undersigned consultor and secretary, approved this instruction and ordered it to be made public. Rome, April 21, 1964. BENJAMIN N. WAMBACQ, O.Praem., Consultor and Secretary ~' See the apostolic letter Quoniam in re biblica; EB, n. 175; Pii X Acta, v, 3, p. 75. ~ The Instruction to Local Ordinaries of December 15, 1955; EB, n. 626; AAS, v. 48 (1956), p. 63. ~°EB, nn. 622-33; AASo v. 48 (1956), pp. 61--4. ~ 2 Tim 3:15-7. 4- ÷ 4- Gospels VOLUME 24, 1965 33 LORENZO BOISVERT, O.F.M. The Nature. of Religious Authority Father Lorenzo Boisvert, O.F.M., is a member of the Franciscan com-munity looted at 5750, boulevard Rosemont; Mont-real 36, Canada. REVIEW FOR RELIGIOUS THE TEACHING OF JEsus ON AUTHORITY~ It is sometimes said that superiors talk a great deal about obedience but say little or even nothing at all about authority with the result that subjects know much about the notion of obedience which their superiors have but are ignorant of their idea of authority-~or, if they do know it, they have deduced it from their way of governing. This remark--it does not seem to be without foun-dation- is an expression of the legitimate need of sub-jects for clarification, of their desire to understand the governmental attitude of superiors. This does not pro-ceed from mere curiosity but rather is aimed at finding out what the nature of their obedience should be and how superiors intend to have them cooperate for the good of the community. A given concept of authority necessarily engenders' a corresponding notion of obedi-ence. If a superior conceives authority as a means of domination, his subjects have but one way of obeying, --that of executing his orders; accordingly, their col-, laboration for the common good remains very limited. If, on the other hand, the superior conceives authority' as a service, he is on his way towards achieving the complete collaboration of his subjects not only on the, level of execution but first of all on the level of thought and organization. There is a second reason which leads us to investigate the nature of authority, and this is the existence of a problem of obedience in the greater part of religious communities; this latter problem is one about which it can be asked whether it is not just as much or even ¯ This section originally appeared as a separate article, "L'auto-rit~ d'apr~s l'enseignement de J~sus," in La vie des communautds religi~uses, v. 20 (1962), pp. 271-6. more so a problem of authority.1 What makes obedience so difficult for today's religious is not just the need of a greater independence--fruit of their education--but also the desire for a more evangelical conception and exercise of authority. They cannot endure to have supe-riors form a notion of authority according to their own liking as though they were indifferent whether their notion does or does not square with that of Christ. In the face of this need for evangelical authenticity, supe-riors ought to reconsider their notion of authority, a matter that necessitates knowing the teaching of Christ on the point. Three times on the occasion of three different episodes Christ provided His disciples with clear instruction on the nature of authority. The first two of these episodes are reported for us by the synoptics while the third is told only by St. John. First episode: This episode is told us by St. Matthew and St. Mark in the following way: It was at this time that the disciples came to Jesus and asked him: "Who then is the greatest in the kingdom of heaven?" Jesus called a little child and placed him in the midst of them. "I tell you in all seriousness," he said, "that if you do not return to the condition of children, you shall not enter the kingdom of heaven. The man, therefore, who makes himself little like this little child, he is the one who is the greatest in the kingdom of heaven" (Mt 18:1-4). When they arrived at Capernaum and had reached their house, he asked them: "What were you arguing about during the trip?" They kept quiet because during the journey they had been arguing about which of them was the greatest. There-upon he sat down and called the Twelve to him. "If any one of you wishes to be first," he said, "he must make himself the last of all and the servant of all" (Mk 9:33-5). On the journey to Capernaum (Mk) the disciples were vain enough to argue about which of them was the greatest and hence the rightful one to occupy the first place. As Father Congar remarks, this was a subject of frequent discussion in Judaism: In Judaism there was a great deal of discussion about the one to take the first place: whether it was a matter of a cultural meeting or of administration or of table arrangement, the ques-tion of precedence was constantly recurring. Perhaps as a re-sult of the promise to Peter o£ the keys .to the kingdom, the disciples themselves argued about who was the greatest? Once they had arrived at Capernaum and had settled down in a house (the owner of which is unknown), Jesus, *This problem of authority in the Church has been emphasized in the cooperative work entitled Probl~mes de l'autoritd (Paris: Cerf, 1962). ~, *Y. Congar, "La hi~rarchie comme service selon le Nouveau Testament et les documents de la tradition," in L'dpiscopat et l'Eglise universelle (Paris: Cerf, 1962), pp. 69-70. VOLUME 24, 1965 4. 4. L. Bo~er~, REVIEW FOR RELIGIOUS as St. Matthew tells it, was asked by the disciples to settle the argument. St. Mark, on the other hand, in-forms us that it was Jesus Himself who asked them the searching question: "What were you arguing about dur-ing the trip?" This leads one to suppose either that Christ did not make the trip to Capernaum with them or that the argument had been had by a group of the disciples with whom Christ was not present. But whether the question came from the disciples themselves or from Christ is of little importance; what matters is the instruction by action and by word that Christ gave on this occasion. He called a little child, placed it in the midst of them, and then said to them: "If you do not return to the condition of children, you shall not enter the kingdom of heaven. Therefore, the man who makes himself little like this little child, he it is who is greatest in the kingdom of heaven." It should be noted that St. Matthew is the only one to speak here of the kingdom of heaven; and it is well known that the kingdom of heaven, the kingdom of God, and the Church are identified in their terrestrial phase, in their temporal realization. St. Mark, on the other hand, uses words of singular force: "If any man wishes to be the first, he will make himself the last of all and the servant of all." Christ, then, teaches us that to be the greatest in the kingdom a man mustmake himself the smallest, the last, the servant of all. Second episode: This episode is told us by both St. Matthew and St. Mark; but because the passages are long, only the text of St. Matthew will be given here: It was at this point that the mother of the sons of Zebedee, came up to him with her sons and knelt in front of him to ask him a favor. "What is it you want?" he asked. "Promise me," she said, "that in your kingdom these two sons of mine will sit next to you, one on the right and the other on the left." "You do not realize what you are asking," Jesus replied. "Can the two of you drink the cup that I am about to drink? . Yes, we can," they answered. "It is true," he told them, "that you will indeed drink my cup; but as for sitting on my right and on my left, that is not for me to grant; that belongs to the ones for whom my Father has destined it." When the other ten heard about this, they became indignant with the two brothers. Then Jesus called them to him and said: "You know that the ru.lers of the pagans lord it over them and that their mighty ones tyrannize them. But such must not be the case among you. On the contrary, whoever wishes to become great among you must become the servant of all of you; and whoever wishes to be the first among you must be ~our slave-- just as the Son of Man has not come in order to be served but to serve and to give his life as a ransom for men" (Mt 20:20-8), This episode is concerned with a request made of Christ by the mother of the sons of Zebedee, as St. Matthew relates it; though St. Mark puts the request on the lips of the sons of Zebedee themselves. Their desire is nothing less than to sit on the right and left of Christ in His new kingdom; in other words, they wanted to have the chief positions after that of Christ.- After James and John had assured Christ that they could drink His cup, He told them that it was not His prerogative to determine who would sit at His right and His left in the kingdom and that this was a matter that pertained to His Father. Undoubtedly, this response left them as well as their mother a little confused and humiliated. Moreover, they came to realize that their request had been highly audacious and that it was not taken very graciously by the rest of the disciples who were indignant at it. It was precisely this indignation of the disciples which was the occasion not for words of reproach and blame but for the magnificent answer of Christ given in the text cited above. Hence, "as there are in the order of earthly societies, so also in the order of the gospel there exist the great ones, the first ones." ~ But the attitude of the great men in the order of the gospel should be entirely different from the attitude of the great ones of earthly societies. The great ones of the earth make their power felt, they show themselves as masters, they lord it over others. The relationship of inequality that exists between them and their subjects is a relationship of domination from the viewpoint of the former and one of subjection from the viewpoint of the latter. This, precisely, is a conception of authority which Christ cannot admit and which in consequence should not exist among His disciples. According to the gospel the way leading to the rank of first or great.is that of seeking a position or relationship not of power but of service, that of a minister [dial~onos], a servant, a doulos, a slave, a laborer. Throughout the New Testament diakonia--the state, behavior, and activity of a servant--ap-pears as coextensive and concretely identified with the character-istic condition of the disciple, of the person who, having been overwhelmed by Christ, lives in dependence on Him. This comportment of service, not of power, which Christ makes a law for His disciples is explicitly linked by Him with their comportment with regard to Him their Master; for the disciple is not just a pupil receiving instruction but is one who imiuites the Master whose life he shares. But Christ lived out and defined His mission in the Isaiah terms of the Servant of Yahweh. He had not come to lord it over others but to serve as a slave, to live the condition of a slave even to the specific detail of being sold so as to make himself the equivalent of a ransom.' The disciples likewise "ascend only by humbling them-selves, by following Christ on the way of descent, the ' Congar, "La hi~rarchie," p. 71. ' Congar, "La hi~rarchie," pp. 71-2. ÷ ÷ ÷ Religious Authodty VOLUME 24, 1965 ÷ ÷ ,÷ L. Bois~ert, O.F.M. REVIEW FOR RELIGIOUS way of the gift and loss of self . " 5 The attitude of the servant and the slave should be the normal attitude of one who has been raised to a state of external greatness. Third episode: This episode is found in St. John 13:12-7: When he had washed their feet and had put on his clothes, he resumed his place at table and spoke to them: "Do you realize what I have just done to you? You call me 'Teacher' and 'Master' and you are right in saying this because I am such. But if I, your Master and Teacher, have washed your feet, you ought also to wash the feet of each other. I have given you this example so that you may act as I have acted towards you. I tell you with all earnestness that the slave is not greater than his master and that the messenger is not greater than the man who sent him. Once you realize these things, you will find happiness in doing them." The occasion for Christ's action was, no doubt, the discreditable incident that took place during the pas-chal repast and "which was in singular contrast with the solemnity of the occasion";0 as St. Luke puts it: "There arose among them a dispute as to which of them should be regarded as the greatest" (Lk 22:24). Once more it is the question of precedence; Christ must have been saddened and even upset; His teaching about hu-mility had not been understood. Once again, instead of addressing the Apostles with words of lesser or greater harshness, Christ performs an action which constitutes an awesome lesson for them and makes them realize the ridiculousness of their dispute: He washes their feet. It is sufficient here to note the following: "The wash-ing of feet was classed distinctly as the work of slaves. A slave of Jewish descent could not be obligated to do it, but only a slave of another nationality." 7 Christ, since He was Teacher and Master, had the right to lord it over them, to act as a master, to impose His will, to command, to dominate; He renounces this .right to take the attitude of a slave, of a servant. He does this to give His Apostles and all future Christians an example to be imitated so that we who before God are but servants and slaves might learn to give service and 'to minister to each other. The relationship which should exist among Christians is a relationship of service. "St. Luke, who does not record the washing of feet, still gives its moral lesson, precisely with reference to the * Congar, "La hi~rarchie," p. 73. e F. Prat, Jesus Christ: His LiIe, His Teaching, and His Work (Milwaukee: Bruce, 1950), v. 2, p. 264. 7 F. M. Willam, The Life of Jesus Christ (St. Louis: Herder, 1936), p. 380. incident which seems to us to have called it forth." s As Luke puts it: The kings of the heathen lord it over them, and the ones who tyrannize them are called their "benefactors." But it must not be so among you. On the contrary, the greatest among you should behave like the youngest and the chief like the servant. Who is the greater, the one reclining at table or the one serving? Is it not the one who is reclining? And I am in the midst of you as one who serves (Lk 22:25-7). The greatest, then, must make himself the servant; he must be in a state of service with regard to those who are subject to him. According to the teaching of Christ, authority is essen-tially a service; and the person who holds authority is a servant. This comportment of service which defines the condition of the superior likewise constitutes the essen-tial law of the members of the ecclesial community to such an extent that all Christians should serve one an-other. From this it can be seen that the activity of the superior is to be situated as a prolongation of the Christian life and that it is, in short, a special function of service within the community and for the good of the community. AUTHORITY AND COMMUNITYt Our brief analysis of these three gospel episodes has already shown us that according to the teaching of Christ authority is essentially a service and the person who pos-sesses it a servant: The kings of the pagans lord it over them and those who tyran-nize them are called their "benefactors." But it is not to be the same among you. On the contrary, the greatest among you is to act like the least and the chief like a servant (Lk 22:25-6). The aim of the present section of this article is to empha-size this central point of authority-service by specifying the relationship that should normally exist between aft-thority and the threefold community: the human com-munity, the Christian community, and the religious com-munity. Authority and the Human Community The human community is essentially a community of equals since all men are of the same nature. Hence those who command others do not do so by reason of an essen-tial superiority. Neither is it by reason of certain par-s Prat, Jesus Christ, v. 2, p. 267. ~fOriginally a separate article entitled, "Autoritfi et commu-naut.," this section appeared in La vie des communautds religieuses, v. 20 (1962), pp. 309-15. ÷ ÷ 4- Religious Authority VOLUME 24, 196S L. Bols~ert~ O.F.~I. REVIEW FOR RELIGIOUS 40 ticular values (for example, nobility, wealth, power, su-perior degree of intelligence or virtue) that certain ones possess authority since these values, while they engender prestige, do not confer any rights over others. Even though an unlimited number of historical facts show the strong dominating the weak and even reducing them to slavery, still this proves only the existence of a state of disorder, the consequence of original sin, in which man behaves to his fellow man like a wolf (homo homini lupus) instead of like a brother. The only principle which justifies the possession and the exercise of authority within the human community is the good of others, whether of the others taken indi-vidually or as the entire community. Since the raison d'etre of authority is the welfare of others, it has mean-ing and can be understood only if it is considered in relation to the community. The person, then, who possesses authority is situated in a state of service with regard to his brothers, for he possesses it only in the interest of those subordinated to him. If he has a right to remuneration from the com-munity because he is at their service, he nevertheless abuses his power if he uses his authority for his own personal interest at the expense of his subjects. In this latter case authority, instead of being directed toward the good of each and all, is directed to the good of the person who possesses it; in place of being a state of re-sponsibility and of service, it is "an occasion of getting more enjoyment, of permitting oneself everything, and of serving oneself." The welfare of others being the fundamental prin-ciple that justifies the possession of authority, it is like-wise the principle that justifies the imposition of limits on the exercise of this authority. The person who pos-sesses power does not have the right to command what-ever he pleases, abstraction being made from the wel-fare of others. If the object of his command exceeds the range of the authority he has received or if the com-mand is flatly counter to the welfare of the community, the subjects can and even should refrain from obeying since the obligation to obey always supposes the legiti-mate possession and exercise of authority. Hence, already in the human community as such it is true that authority is a service and its holders are servants. The word "minister" which is sometimes used to denote persons in charge of the welfare of particular communities is nothing else than a translation of this fundamental truth. When we speak of the "prime min-ister" of a country or of some other political unit, this should normally mean the person who is most at the servi~e of this country or of this political unit; for degree of service corresponds or should correspond to the de-gree of authority. Authority and the Christian Community Far from constituting a reality apart from .and, as it were, exterior to the human community, the Christian community is actually situated within that community and is its perfective complement. Christ did not send His disciples to the desert to be far away from the world so as to preserve them from contagion; rather it was His wish that His own, united in the ecclesial community, should be present in the world so that they might make truth and love rule where error and discord had domi-nated. This ecclesial community, the Mystical Body of Christ, is not a large organization, a system, a legalistic structure, or a juridical person; neither is it a collectivity consisting only of the members of the hierarchy; rather it is the community of the faithful as they tend to the perfection of love. Since, however, it is the express will of Christ, it must be admitted that in this Church there are lead-ers, a hierarchy, an authority. And since this authority is part of the Church's constitution, a knowledge of its exact nature can be had only by situating it in relation-ship to what we will call the fundamental exigency of the Christian community. According to the teaching of the gospel there is but one Master and but one Lord: Christ, the only source of every supernatural gift. Consequently, whatever con-stitutes the Christian community (for example, its Mys-tical Head, its animating Spirit, its sacraments, its min-istries, and so forth) is a gift of God, a grace from on high. From this there comes the obligation of this com-munity to be at the service of God, to have divine wor-ship as its principal goal, and to have thanksgiving as the central act of this worship. What is true for the ec-clesial community as such is equally true with regard to each of its members: the Christian possesses Christian reality only to the extent that he has received the grace of God. Since everything that makes him a Christian is a gift, he must assume the attitude not of a master and lord but that of a steward and administrator, roles which are essentially an attitude of service. He must be "a man of submission and of gratitude" and not a man of a pos-sessive spirit. When he uses the gifts he has received, he must force himself with the greatest fidelity to acknowl-edge and respect the purposes of his Master and Bene-factor. The purpose of Christ with regard to the gifts that He confers is clearly expressed by St. Paul: ÷ ÷ ÷ Religious Authority VOLUME 24, 1965 41 4. 4. 4. L. Bolsv~t, O.F.M. REVIEW FOR RELIGIOUS Though there is a variety of spiritual gifts, there is but one and the same Spirit; though there is a variety of ministries, there is but one and the same Lord; and though there is a variety of ways in which God acts, still there is the one and same God acting in all. ~Each man is given his own manifestation of the Spirit Ior the sake o] the common good (1 Cor 12:4-7). He made some to be apostles, some prophets, some mission-aries, some pastors and teachers; he disposed Christians in this way for the sake of the ministry that the body of Christ might be built up (Eph 4:11-2). Hence the gifts which the Christian receives are directed to the building up of the Mystical Body of Christ; they are not given him for himself alone but for all; thus they make him "a means of living and growing for others." But the Christian can benefit others through the gifts he has received only if he takes an attitude of service with regard to his brethren, the way of behaving of a servant who gives himself devotedly. This is the attitude adopted by St. Paul: Though I am a free man in the eyes of all, still I have made myself a slave to all men in order that I might win more of them (1 Cor 9:19). It is not ourselves that we preach but Christ Jesus the Lord; and we are your slaves for the sake of Jesus (2 Cor 4:5). And this same attitude is considered by St. Paul and St. Peter as the normal attitude of every Christian: My brothers, you were called to be free; but do not use this freedom as an opportunity for the flesh, but through love put yourselves at the service of each other (Gal 5:13). In accord with the grace each has received, put yourselves at the service of each other like trustworthy stewards of the mani-fold grace of God (1 Pt 4:10). Hence each member of the Mystical Body ought to be the servant of all. This fundamental exigency of the Christian condition is coextensive with the very state of a Christian, for there is no genuine life in Christ without charity; that is, without a love that gives and serves. There should exist among Christians a constant exchange of services. It is in this general context of service that authority is situated. It is not a primary gift prior to the com-munity and, as it were, independent of it; it is rather a secondary reality which supposes the existence of the primary reality and which cannot be properly under-stood except insofar as it is placed within this primary reality. According to the New Testament, the different words used to designate individual ministries "denote a task or an activity as a stable service within the com-munity." The following are examples of this: apostles, teachers, prophets (1 Cot 12:28); missionaries and teach-ers (Eph 4:11); pastors (Eph 4:11); guardians and over- seers (Acts 20:28; Phil 1:1); elders (Acts 11:30; 14:23); ministers (Phil 1:1; 1 Tim 3:8-9); leaders, rulers (Heb 13:7, 17); president (Kom 12:8); steward, manager (Lk 12:42; 1 Cot 4:1; Tit 1:7).9 This list gives the special titles and degTees of service within the Christian community and shows us that au-thority is not exempt from service but a call to a different and more perfect service. Between ordinary Christians and the members of the hierarchy there can and should exist only a difference in the situation of their service, only different manners of serving Christ and the breth-ren within the Mystical Body. Those who possess author-ity have above all the role of organizing and coordinating the particular services that exist in the Church and also of exercising the ministry of the word and of worship. Once more, this is only one of the forms of what Chris-tians are to do "by and for each other" in view of their common supernatural destiny. The attitude of Christ among men--an attitude that He has summarized in the words: "I have not come to be served but to serve"---ought to be the preeminent attitude of the person who presides in the Church. Thus, for example, St. Paul, who on occasion knew how to vindicate his title of Apostle (Rom 1:1; Gal 1:15) and his apostolic authority (Gal 1:8), after the manner of Christ preferred not to bring his rights and powers into play (I Cor 9:12). He preferred to act like the servant, the slave of his brethren (1 Cor 9:19; 2 Cot 4:5) rather than to rule and to act the master (2 Cor 1:24). He considered the faithful as his masters, and it is their welfare that determines the application of his efforts. When situated in the general context of service which defines Christian existence, authority appears to us less as the right and power of one Christian over other Christians than as a trust, a duty, a responsibility, a serv-ice. To express the nature of this authority it is not suffi-cient to say that it is an ordinary juridical power exer-cised in a spirit of disinterestedness and of service: like Christian existence itself, authority is essentially and intrinsically service. Authority and the Religious Community Just as the Christian community is situated within the human community and is its perfective complement, so also the religious community is so much a part of the Christian community that it is from the latter that the religious community derives its meaning and its life. The nature of the religious community will never be under-stood if it is separated from the Church or if it is 0 Congar, "La hi~rarchie," p. 81. 4- 4. 4. Religious Authority VOLUME 24, 1965 43 L. Boisvert, O.F.M. REVIEW FOR RELIGIOUS 44 regarded as being attached to it like some merely ex-ternal appendage. An individual religious community is formed of baptized persons who have taken a serious attitude towards their baptismal commitments and who have adopted a manner of life more favorable to their accomplishment. Hence a religious community should not be considered as first of all a large organization in which everything runs smoothly when the relations between superiors and subjects are without difficulty; it should rather be con-sidered as a community of baptized peisons who have chosen a particular state of life which allows them a more intimate encounter with Christ and a more inte-gral response to their Christian vocation. Since one of the fundamental exigencies of this voca-tion is that of service [diakonia], it is normal that religious should excel in this, that more perfectly than others they should be at the service of God and of their brethren. Only thus will they be true witnesses to the One who emptied Himself for us by taking on the condition of a slave, of us (Phil 2:6-11). What should distinguish religious from ordinary Christians is not a difference in Christian life but a difference in the situation of their service and even more in the perfection of this service. Religious should live out to their fullness the following words of St. Peter: "Each according to the grace he has received, put yourselves at the service of one another like trustworthy stewards of the manifold grace of God" (1 Pt 4:10). Such an exchange of mutual services supposes, it is true, a great degree of availability, a profound interior freedom, and an effective death to oneself. Are not these indispensable conditions of service included in the very life of religious who by their profession prolong in their daily living the mystical death of their baptism? Their renunciation of the things of this world by poverty, of their own body by chastity, of the free use of their will by obedience puts them in a state of availability and of interior freedom which facilitates their service both of God and of their neighbor. It is in this context of a more perfect Christian service that it is necessary to situate the authority of the reli-gious superior. Just as the service of consecrated religious is distinguished from the service of ordinary Christians by the mode and perfection of its exercise, so also the authority of the religious superior should be distin-guished from Christian authority in general principally by the perfection of its exercise. It is necessary that the superior be at the service of his subjects as integrally as possible since the authority he possesses is essentially service and since he, by the renunciation contained in his religious life, should have acquired the interior free-dom necessary to be a perfect or at least a very good servant of his subjects. To have an effective solicitude for his subjects to the complete forgetfulness of himself should be the normal attitude of the religi6us superior. Only on this condition will he manifest to his sub-jects that he has not accepted au.thority for his own ad-vantage but for their temporal and spiritual welfare. And at the same time he will be a genuine witness to the Christ who came upon earth to serve and who has taught us that authority by its very structm;e is a service. While it is true that authority even in the human community can be regarded as a service since its pos-sessors have received it only for the benefit of others, in the ecclesial community it is only a special application of the common situation of service which characterizes Christian existence. Hence it is not a thing apart in the Church where it is exercised, but it is one way among many others of serving God and men. It is likewise in this general context of service that there is to be situated the authority of the religious superior, with the distinc-tive note, however; that it should be exercised in a more perfect way, given that religious enter a community not to cease serving God and their brethren but to serve them more perfectly. POSITlVE EXIGENCIES OF AUTHORITY-SERvICE~ As we have seen, according to Scripture authority is essentially service and the person who possesses it a serv-ant. The religious superior1° who, as he should, ac-cepts this divine teaching will doubtless abstain from re-garding his authority as an honor and a source of privi-leges or as an end in itself which can be sought for its own sake; likewise he will refrain from "ruling like a lord over his flock as the pagans do" and from making the weight of his authority felt. But this is not enough. It is furthermore necessary that the superior should know the principal positive exigencies of this Christian con-ception of authority and that he should respect these exigencies in his manner of government. The present sec-tion of this article will be concerned with pointing out some of these exigencies and will center its considerations around two fundamental ideas: (1) the superior is at the service of a community of persons (2) who are tending toward the perfection of charity. ++This section was originally entitled, "Exigences positives de l'autorit~-service" and appeared in La vie des communautds reli-gieuses, v. 21 (1963), pp. 5-14. lo When I speak of "religious superior" and of "religious," I in-clude in a generic fashion all men and women superiors of religious communities and all men and women religious. + + 4- Religious Authtrrity VOLUME 24, 1965 L. Boisvert, O.F.M. REVIEW FOR RELIGIOUS 46 At the Service of a Community of Persons Knowing one's subjects: When one wishes to be of service to another person, it is first of all necessary to know him well; for the better one knows another, the more he is in a position to help him. The superior, whose duty it is to serve, should make every effort to acquire a thorough knowledge of his subjects, of their aspira-tions, their aptitudes, their needs. The great means of acquiring this knowledge still remains that of listening to them.--something that implies a great deal more than a more or less distracted hearing of what they say. To listen means to open oneself to another, to put oneself in a state of availability, of total receptivity to the other's words so that what is said can be grasped exactly and totally without exaggeration or diminution. A person is not listening when he continues his own thoughts while the other person is speaking, or when he presents a solu-tion even though the other person has scarcely begun to express his problem, or when he gives a decision-- favorable or unfavorable--before the statement of the case has been finished. Neither is a person listening in a true sense when he gives more attention to the person speaking and the way in which he speaks than to what he says--as though the importance of the communication is measured by the likableness of the person and the finesse of his way of expressing himself. The superior who knows how to listen to his subjects gradually comes to a genuine knowledge of them and in this way becomes more able to serve them. This does not mean that he accepts all their ideas, their tastes, their whims, their enthusiasms; but it does mean that he recog-nizes and respects the immutable truths and values that are in them; and it means that if there are deviations and errors, he searches for the origin of these for the purpose of better rectifying or eliminating them. Act-ing in this way, he will discover in the religious of today--who give the appearance of being of a new and startling nature--a great deal of good will along with uprightness and honor coupled with a sincere desire to advance to perfection. He will also recognize that these religious do not appreciate at all a negative morality where the first place is given to renunciation, abnega-tion, suffering, and pain--to the cross without the halo of the Resurrection. What they prefer is a holiness that will be the free fulfillment of their life, of their courage and generosity, of their love and joy--a holiness that is under the sign of fulfillment rather than that of renun-ciation. Informing one's subjects: This knowledge that the su-perior acquires of his subjects by listening to them per- mits him not only to provide them with individual help but also to promote and organize their collaboration for the common good. It is the duty of all religious to serve the community of which they are members, since in tak-ing the religious habit they ha,~e not denied their particu-lar talents and since in promising obedience they have not made a vow of rigid passivity. And their collabora-tion for the common good should not be limited only to the execution of directives emanating from authority but should extend to every possible and useful level. This, as can be easily seen, can 'take place only if the superior keeps his religious knowledgeable about the problems, difficulties, projects, and so forth which con-cern the community so that they can aid him in tinding solutions and in improving things. Unless he has the charism of ~nspiration and of reve-lation- and perhaps also that of infallibility--the supe-rior cannot by himself find an adequate solution to all the problems involved in his community; nor can he per-ceive all the advantages and disadvantages of a project. Hence if he wants the complement of light which comes from his subjects, he must first of all inform them of the difficulties that need solutions and of the projects that need to be considered. The only person who would neg-lect the collaboration of his religious is one who believes himself wiser than he is, who has greater confidence in himself than is warranted, and who thinks that he is filled with the gifts of knowledge and wisdom. Actually, he, no more than the founder, has not received the gift from God "to speak the last word of wisdom for all time." 11 Promoting public opinion: The purpose of this in-forming of subjects by the superior is not only to com-municate to the religious the principal problems and projects of the community but also and above all to provoke personal reflection and discussions from which will emerge a public opinion. This public opinion is as necessary to the vitality of a religious community as it is to the vitality of the Church herself; and this latter need was affirmed by Pius XII in February of 1950 when he said: Because the Church is a living body, something would be wanting in her life if public opinion were lacking--and the blame for this deficiency would fall back upon the pastors and the faithful.~ This public opinion will become a source of life for ax Archbishop Roberts, S.J., Blacl~ Popes (New York: Sheed and Ward, 1954), p. 40. = Pius XII, "Allocutlon on the Catholic Press and Public Opinion" (February 18, 1950), Catholic Mind, v. 48 (1950), p. 753. ÷ + ÷ Religious Authorit~ VOLUME 24, 1965 the religious community only if the superior recognizes it and takes account of it to the degree that it includes elements of value. Hence it is necessary for him to con-sult his subjects after having informed them of the principal questions which concern them. This consulta-tion should not be considered by him as an act of con-descension on his part but as a duty and, from the side of the subjects, as a privilege and a right. This consulta-tion is so necessary to good government that Archbishop Roberts has not hesitated to affirm: "It is humanly im-possible to exercise authority without consulting the governed. To deny this is to make nonsense of obedi-ence." is This does not mean that the consultation of subjects is essential for the valid exercise of authority, no more than the consultation of the laity, even on questions of vital interest to them, is essential in order that the su-preme pontiff or the ecumenical council can authorita-tively pronounce on such questions. Nevertheless, the sovereign pontiff and the bishops are consulting the laity more and more because they know very well that the latter are more capable to explaining their own problems and 6f finding the most adequate solutions for them. Why should any other way of acting be used by the religious superior who does not have the special assist-ance of the Holy Spirit which Christ has promised the hierarchy in doctrinal matters? If, then, it is necessary for the superior to consult his subjects in order to exercise his authority in a more profitable way and thereby to serve his community bet-ter, it is equally necessary that subjects should present the superior with all the data necessary to judge a given question. When the matter at stake appears to them to be fundamental, subjects should not fear to use all their competence to support their arguments in the discus-sions they may have with the superior. This proves that their concern engrosses them sufficiently "to arouse them to make their needs known by effective presentations." Take, for example, "the apostolic practice of daily Com-munion, in abeyance for so many years"; this was not restored just by a stroke of the papal pen. Effect was given to our Lord's wish because some people expressed de-cisively- yes, at the risk of being hurt--the hunger they felt. The same is true of recent facilities for evening Mass and non-fasting Communion, and indeed of every other reform that has ever been?' L. Boi~vert, O.F.M. REVIEW FOR RELIGIOUS 48 Public opinion, the purpose of which is to furnish the superior with the complement of information that Roberts, Black Popes, p. 4. Roberts, Black Popes, p. 5. permits him to give a decision with a better knowledge of the matter, should not, however, so influence his de-cision that the superior appears to be but "the resultant or the projection of the forces which are at work in the group." In this way a religious community would be-come a naive democracy where the superior would be only the representative or the voice of his subjects. This would be a complete failure to recognize the nature both of authority and of obedience. If the decision of the su-perior can and even should be illuminated by public opinion, still it must not be considered as the simple logical resultant of it. It pertains to authority, not to subjects, to make definitive decisions. Consequently, when a decision is made by the superior, the subjects should accept and execute it with the great-est loyalty without bringing up, as a sort of riposte, the elements which the superior has not included in his decision. It is even necessary to add that the more vital public opinion is in a community, the more humble and total should be the acceptance of what the superior decides. If this is lacking, public opinion becomes a source of hurtful criticism, of disobedience, of disorder: it kills the religious spirit. On his side, the superior who makes a decision after having taken the best account he could of public opinion should not withdraw the decision except for a reasonable cause of legitimate necessity or great utility. To act "otherwise would be to give proof of levity and incon-stancy, of instability in judgment and command. On the other hand, if he sees that modifying his decision is nec-essary or useful, he should not obstinately keep to his first idea, thus depriving his subjects of an evident good. Delegating his powers: Religious, as we have remarked, have the duty of collaborating for the good of the com-munity. This collaboration should not be limited to the mere execution of directives coming from authority nor even just to the communication of their personal reflec-tions on matters proposed by the superior. Over and be-yond these, the superior must make his subjects share his responsibility by delegating them a part of his powers--a matter which does not at all mean that he renounces his own rights. A person who possesses authority is not under the obligation of making immediate and personal use of it in every case; that is, he does not himself have to regu-late all the details of common life with a great deal of attention to minutiae and a great loss of time. Such a procedure would result in making his subjects mere functionaries, instruments to receive and execute au-thority. The person possessing power can and even should en-trust others with particular tasks in order to develop in + + + Religious Authority VOLUME 24, 1965 49 4, 4, L. Boi~vert~ O.F.M. REVIEW FOR RELIGIOUS 50 them a sense of responsibility and to promote a better collaboration for the common good. This delegation of power, in addition to obliging subjects to make options that are revelatory to themselves and to others, provides the opportunity for initiative and the occasion for dis-covering and developing unsuspected talents. That this delegation of power includes the risk of error and mis-takes is part of the normal course of events. This risk, however, should not lead the superior to refuse to dele-gate any power since, in using his authority, he himself can commit the same or similar errors. The religious to whom the superior has delegated certain powers should exercise them fully without asking the superior to intervene in areas where they have the power to act themselves. If there are abuses in the area entrusted to them, subjects must learn to eliminate them without waiting for the superior to feel forced to intervene because of their inertia. They should have the courage to take measures that are distasteful to others rather than to throw the responsibility for them back on the superior, and this they should do even though the measures merit them dislike and unpopularity. It is only by paying this cost that delegation of power will develop in them a sense of responsibility and will genuinely con-tribute to the common good. On his side, the superior who has entrusted particular tasks to his subjects should take care to leave them the freedom that is necessary for them to carry out their tasks to the best of their ability. He should avoid con-stantly intervening to judge work already done, to im-pose his own ideas, or to insist on modifications. He should put complete confidence in his subjects, espe-cially in those areas where they have a real competence that he himself does not possess. The strength of the superior'.s authority and the effectiveness of his subjects' work will be in proportion to the frequency with which he acts by means of his subordinates and to the rarity of his personal interventions. The Service oI Persons Tending to the PerIection ol Charity Building up the interior man: Besides the exigencies of authority-service that we have already mentioned, there are others that flow from the fact that the superior is not only at the service of persons but precisely at the service of persons tending in a special way to the per-fection of charity. Without a doubt, the first of these exigencies is the superior's obligation to work for the spiritual welfare of his subjects, for the growth in them of the spiritual man. By the very nature of his office, the head of a religious community is a spiritual father, a pastor of souls, and not primarily an administrator or an organizer. In order to devote himself more completely to this central task of his, he should disengage himself as far as possible from routine matters, administrative tasks, and all affairs that prevent him from successfully fulfilling his primary duty. Hence he should hand over to others the care of matters of lesser importance that would dissipate his efforts; in this way he can devote himself more freely and effectively to the important spiritual function that is proper to him. He should not easily allow himself to succumb to the natural temptation to keep for himself the area of temporalities and to entrust to others the spiritual welfare of the community. Preaching the Word: As a pastor of souls, the superior should first of all nourish the spiritual life of his reli-gious by giving them the substantial food that is the Word of God. A profound interior life is impossible without faith, and there is no faith without meditation on the Word. Always necessary for the spiritual life, this Word is especially so for religious of the present generation among whom there is found a malaise, a dis-content, even a revolt which Father Ir~n~e Hausherr, S.J., considers a crisis of undernourishment, an anxiety of the hungry, a phenomenon of starvation.1~ Having come into the community to be spiritually filled, they re-volt when their entire nourishment consists of rules, reg-ulations, prohibitions, notices, and so forth. They are hungry for the Word of God which will nourish them and lead them to give themselves more fully; this it is that explains their discontent when they do not hear the Word. There can be no doubt that they would make their own the cry of an old gypsy woman in the presence of George Borrow, the English novelist and moralist. As he was passing a camp of gypsies in the vicinity of Chester, they mistook him for a minister of religion because of his ap-pearance and begged him to stop and speak to them of God. "I am neither a priest or a minister," he replied; "may the Lord have mercy on you--more than this I cannot say to you." As he went on his way, throwing some coins to the children, an old woman cried out to him: "We do not need money; give us God." 16 Fostering prayer: Besides nourishing his subjects with÷ the Word, the superior should help them to pray by+ providing them with a method and forms of praye+r which correspond to their religious sensibility. Not all ~ I. Hausherr, s.J., "Fundamentos teol6gicos de la vida religiosa," Seminarios, v. 12 (1960), pp. 7-18. 10 p. Blanchard, Saintetd aujourd'hui (Paris: Descl~e de Brouwer, 1954), p. 72. Religious Authority VOLUME 24, 1965 5] L. Bois~ert~ 0~. REVIEW FOR RELIGIOUS forms of prayer are equally valuable for all human be-ings at all times. There are forms of prayer that fifty years ago engendered and fostered prayer but that are incapable of producing this effect at the present time. The reason for this is not that present day religious have a bad will, that they want to break ancient structures for the mere pleasure of hearing them crack and fall to pieces. It is not a case of sheer desire for change or mere whim leading them to want to abandon and condemn what their seniors respect; what they want is a legitimate adaptation of forms of prayer, and traditionalism and conformism will not prevent them from refusing to re-tain antiquatedelements which have no other effect than to impede their prayer. Religious, for example, who have grasped the im-portance of the liturgy in the spiritual life, wish to in-tegrate it into their own lives as perfectly as possible and find it difficult to tolerate the imposition of a series of small prayers in addition to meditation, Mass, and the Divine Office. They cannot be reproached for want-ing to pray with and as the Church. Nor can they be blamed if, for the purpose of respecting as well as possi-ble the meaning of the canonical hours, they ask for the suppression of certain devotional prayers which en-cumber the horarium of the community and give the im-pression of having the same importance as canonical prayer. Observing, warning, correcting: Another exigency of authority-service is the painful duty of the superior to observe, warn, and correct his religious. St. Francis ex-presses this exigency at the beginning of Chapter Sixteen of his Second Rule: "The brothers who are ministers and servants of the other brothers should visit and warn their brothers and correct them with humility and charity . " Since the superior has the duty of weighing aptitude for religious life or for the priesthood in the case of those who have not yet taken these definitive steps, he must get a clear idea of their worth by observ-ing their actions. It is by action rather than by wor

The United States holds dear our values of democracy, civil liberties, and the separation of the branches of our government. In fact, every member of our armed services has sworn an oath to defend the parchment that declares these institutions sacred, and it is the obligation of the United States Armed Forces to preserve and protect those democratic liberties which we hold dear. Given this, it is surprising to know that US Army doctrine idolizes a military dictator, who knowingly seized complete control of his home state following political unrest. Intriguingly, this same figure, who was revered by his soldiers and that same state he commandeered, struggled with marital and familial conflicts his entire life. These statements may be confusing, as there couldn't have possible been a military coup in the United States, let alone a leader of that coup who is still beloved by his statesmen today. Ironically, this individual is no other than Civil War hero Joshua Lawrence Chamberlain. While the aforementioned facts are not popularly discussed in history, many Americans know and recognize Chamberlain and his contribution to the United States. He is remembered for his actions in battle which earned him the Medal of Honor later in life. Joshua L. Chamberlain is undoubtedly one of the most popularly researched and written figures in the American Civil War era. Moreover, there are a multitude of sources that further my research, answering the question of how Chamberlain was remembered during and after the war compared to evidence of the life he lived. Upon examination of several key books and articles that discuss the memory of Chamberlain, from during the war to the modern day, a baseline literature review can be made regarding the question as well as its answer. These selected works have all contributed to the field regarding Joshua Chamberlain and how he is remembered both in his own time and our modern age. ; Winner of the 2022 Friends of the Kreitzberg Library Award for Outstanding Research in the Senior Arts/Humanities category. ; Investigating Joshua L. Chamberlain; Distinctions Between the Memory and Reality of Maine's Famed Colonel Jacob Maker HI 430 A Professor Sodergren 12 December 2021 1 The United States holds dear our values of democracy, civil liberties, and the separation of the branches of our government. In fact, every member of our armed services has sworn an oath to defend the parchment that declares these institutions sacred, and it is the obligation of the United States Armed Forces to preserve and protect those democratic liberties which we hold dear. Given this, it is surprising to know that US Army doctrine idolizes a military dictator, who knowingly seized complete control of his home state following political unrest. Intriguingly, this same figure, who was revered by his soldiers and that same state he commandeered, struggled with marital and familial conflicts his entire life. These statements may be confusing, as there couldn't have possible been a military coup in the United States, let alone a leader of that coup who is still beloved by his statesmen today. Ironically, this individual is no other than Civil War hero Joshua Lawrence Chamberlain. While the aforementioned facts are not popularly discussed in history, many Americans know and recognize Chamberlain and his contribution to the United States. He is remembered for his actions in battle which earned him the Medal of Honor later in life. Joshua L. Chamberlain is undoubtedly one of the most popularly researched and written figures in the American Civil War era. Moreover, there are a multitude of sources that further my research, answering the question of how Chamberlain was remembered during and after the war compared to evidence of the life he lived. Upon examination of several key books and articles that discuss the memory of Chamberlain, from during the war to the modern day, a baseline literature review can be made regarding the question as well as its answer. These selected works have all contributed to the field regarding Joshua Chamberlain and how he is remembered both in his own time and our modern age. Academic books such as Hands of Providence by Alice Rains Trulock, John Pullen's Twentieth Maine, and Conceived in Liberty by Mark Perry portray Chamberlain in a prolific 2 light. They all generally revere him, initiating their books with praise calling him "a great American hero and a genuinely good man," as well as "remarkable" and a "graceful gentleman".1 Not only do these historians hold these ideals, but the US Army and other agencies openly promote Chamberlain for his heroics without analyzing the reality of who he was holistically.2 Hands of Providence is one of the more prolific biographies describing Chamberlain and the 20th Maine. Trulock writes of his life before, during, and after his war service. She accurately illustrates how Chamberlain's colleagues at Bowdoin, as well as others in his life, regarded him early in the war.3 Comparatively, she notes statements from his soldiers about how they viewed him during the war, both in good and bad lights.4 Pullen does the same, but instead focuses mainly on the unit instead of its commander. This also allows for more in-depth analysis of how his men, and soldiers of the Confederacy, viewed Chamberlain.5 He also describes his work ethic, intelligence, and leadership characteristics regarding how they effected his colonelcy and command during the war. Conceived in Liberty differentiates from the other works because it primarily focuses on the two commanders at Little Round Top and their lives before, during, and after the war. This includes some of the more unsavory events that Trulock and Perry omit, particularly how Chamberlain's home life regarding his wife Fannie's disappointment in their marriage.6 The mentioning of this, as well as information about the abovementioned 1880 affair make this source stand apart from the others.7 1 Trulock, Hands of Providence, xvii; Pullen, Twentieth Maine, 3. 2 United States Department of Defense, "Medal of Honor Monday," https://www.defense.gov/News/Feature-Stories/story/Article/2086560/medal-of-honor-monday-army-maj-gen-joshua-chamberlain/ [accessed 3 November 2021]; Weart, "Joshua Lawrence Chamberlain," https://themilitaryleader.com/leadership-action-chamberlain/ [accessed 3 November 2021]. 3 Trulock, Hands of Providence, 11; Trulock, Hands of Providence, 57; Trulock, Hands of Providence, 105. 4 Trulock, Hands of Providence, 305. 5 Pullen, Twentieth Maine, 128. 6 Perry, Conceived in Liberty, 4; Perry, Conceived in Liberty, 42; Perry, Conceived in Liberty, 333. 7 Perry, Conceived in Liberty, 387-392. 3 Edward Longacre's The Soldier and the Man is an interesting contradictory source. Instead of constant praise for Chamberlain, Longacre credits him for both his good and poor actions during the war. He calls into question his ego and insecurities, selfish desires for greatness above all else, and indifference towards soldiers to include ordering their execution.8 Longacre writes this from a different perspective, that of truth regarding Chamberlain's life both good and bad. There have also been two articles that discuss Chamberlain and his leadership both written by military officers. The first is "Leadership as a Force Multiplier" by Lieutenant Colonel Fred Hillyard, and the second is "Blood and Fire", written by Major John Cuddy. Hillyard focuses on Chamberlain's leadership characteristics while deeming if he deserves the high pedestal he is placed upon, while Cuddy analyzes how different scholars understood Chamberlain and his leadership philosophy. They both state how Chamberlain has been designated as a symbol of leadership within the military and agree that he received all his knowledge from his commander, Colonel Ames, who was West Point educated.9 Furthermore, they consider Chamberlain in a favorable light by calling him a military genius.10 This differs from other sources in that it outright debates his poor attributes instead of assuming him to be an admirable figure. These articles exemplify the dichotomy of reality and fiction regarding how Chamberlain is remembered. This literature provides insight on the dichotomy of thought regarding Chamberlain, with the more mainstream historians, like Trulock, Pullen, and Perry picturing him as an idyllic, humble, and professional gentlemen who represented the best of Federal officers. This is countered by more modern writers, such as Longacre, Hillyard, and Cuddy, understanding that 8 Longacre, The Soldier and the Man, 100; Longacre, The Soldier and the Man, 118. 9 Hillyard, "Force Multiplier", 4. 10 Cuddy, "Blood and Fire", 2. 4 Chamberlain was by no means perfect, and his flaws should be investigated as much as his successes. Chamberlain's life and legacy is extremely important because it effects how we remember him and his actions during the Civil War. Popular history tells us of Chamberlain's battlefield heroics and of his gentlemanly manner both in and out of battle. Yet, what has not been compiled popularly is the reality of his life, and the memory associated with it. Growing up in Maine, learning about Chamberlain and his regiment was common, mainly as a high point in Maine's history. However, it is increasingly important to recognize who our leaders and heroes were in their lives and hold them accountable for both the good and bad things they did over the course of their lives. Throughout the research, Joshua Lawrence Chamberlain was viewed in high regard by both his adversaries and peers during the Civil War, as well as in his post-war politics, continuing into today's popular history. Yet, there are differing opinions that emerge over time regarding whether his political skills were as impressive as portrayed as well as how multiple personal issues plagued him and his ability to execute the offices bestowed upon him. *** Joshua Chamberlain came from a respected family in Brewer, Maine, outside of Bangor. In the Bangor area, and later Brunswick, Chamberlain and his relatives were regarded as model citizens who held dear to principles of toughness, work ethic, and democratic values.11 He was raised with these morals and sought after them in his personal and professional life. Concepts of honesty and integrity became trademarks of the family, with his parents expecting those attributes from the Chamberlain children.12 Educated in religion at the Bangor Seminary as well 11 Trulock, Hands of Providence, 57; Longacre, The Soldier and the Man, 16. 12 Trulock, Hands of Providence, 57. 5 as traditionally at Bowdoin, he garnered a reputation as an astute academic who was a stickler for the rules and lived by a code of honor.13 Despite his found success in the classroom, Chamberlain had always fancied a military lifestyle, devoting one term of school at the Whiting Military Academy in 1843, as well as participating in several musters with the Maine Militia before entering service in the Civil War.14 Soon after his schooling, Chamberlain accepted a position as a professor at his alma mater, Bowdoin College. He influenced and instructed students on rhetoric and language prior to the war, even writing recommendations and using his political sway to help students gain commissions and enlistments.15 Eventually, his longing to serve coincided with the nation's necessity for leadership. Joshua Chamberlain's contributions to the preservation of the Union are undoubted, yet the perception of him by peers before and in the early years of the conflict indicate dissenting opinions from his popular reference as a revered leader by all. With the nation at war, Chamberlain's desire to serve increased daily as students graduated, or dropped their academics, and enlisted to serve the Union. In envy, Chamberlain utilized his familial and academic connections to pen a letter to the Governor of Maine, Israel Washburn. In this letter he states, "I have always been interested in military matters, and what I do not know in that line I know how to learn", pleading with the governor to allow a man with no military background or training a chance to command.16 Having claimed to be taking sabbatical in Europe, his colleagues detested his notion to leave Bowdoin and sent letters to the Governor urging him to not grant Chamberlain a commission declaring him to be "'no fighter, but only a mild-mannered common student'", "'nothing at all'", and "'good for nothing'".17 Evidently, despite he and his family's 13 Longacre, The Soldier and the Man, 20, 25-26. 14 Longacre, The Soldier and the Man, 18, 53. 15 Nespitt, Through Blood & Fire, 17. 16 Joshua Chamberlain, as quoted in Nespitt, Through Blood & Fire, 9. 17 Colleagues at Bowdoin, as quoted in Trulock, Hands of Providence, 11. 6 reputation throughout Maine, some harbored public doubts about his ability to lead men into battle, mainly because he was thought to be needed more in his role as a Professor at Bowdoin than in the army by some. Contrarily, there were others who supported Chamberlain's military ambitions full-heartedly. Brunswick's reputable physician, Dr. John D. Lincoln, wrote on Chamberlain's behalf, declaring him to be "'as capable of commanding… as any man out of… West Point" and that the enlisted men would surely "'rally around his standard as they would around a hero.'"18 It wasn't just family friends who supported Chamberlain, local newspapers deemed him "a capable and efficient officer" both fit for battle and the lieutenant colonelcy of the 20th Maine.19 The political sway of the his physician as well as the admirability of local press convinced Governor Washburn to grant Chamberlain's commission, yet opting instead to place West Point educated Adelbert Ames of Rockland as commander of the unit due to Chamberlain's lack of field experience and general military knowledge.20 Although there was noted dissent regarding his commission, his soldiers and fellow officers attest to his leadership attributes both under fire and while encamped. In accordance with what Dr. Lincoln wrote to Governor Washburn, he was commended by his troops as being "idolized" within the unit for his stature and leadership, unlike Ames who was viewed as tyrannical and cruel to his men.21 The men of the 20th Maine were driven towards Chamberlain's sympathetic, more egalitarian leadership style, as Ames gave his men no respect believing that military hierarchy should be placed above all else. The men of the unit rejected this, as in Maine 18 Lincoln, as quoted in Trulock, Hands of Providence, 11-12. 19 "Letter from the State Capitol," Portland Daily Press. 20 Longacre, The Soldier and the Man, 55. 21 Pullen, Twentieth Maine, 77. 7 they and their commander stood evenly on the social scale.22 Colonel Ames was detested for his constant drill and disrespect for his men, being proclaimed by his soldiers as a "'savage" whose "'men would surely shoot him'" when drawn into battle.23 Ames was blissfully unaware of these thoughts, but Chamberlain relished his public perception and continued to care deeply about his men and by extension his image. By default, the volunteers fell on Chamberlain for support and assurance, as they distrusted their Colonel. Chamberlain proved himself militarily at Fredericksburg, and most notably Gettysburg, as a great military officer and tactician. Although his actions are known and renowned, the perspective of him by others during battle is paramount to understanding how he was perceived. For example, over the course of the war Colonel Ames forced many of his regiment's officers to resign due to poor performance and lack of leadership, yet he referred to Chamberlain as his "'best officer'" who led from the front and modeled honor and bravery for his unit.24 Soldiers testified to an instance where his academic and military intelligence united to deceive the enemy by pretending to be a Confederate under the cover of darkness, fooling the enemy into believing the Union line was far away.25 They also pronounced his leadership as something that should be exemplified, as he refused to order his men into unnecessary danger and would not give them orders he would not execute himself.26 This praise was not solely from his soldiers, but other officers from around the army. The commanding general of the Fifth Corps, General Sykes, congratulated him after Gettysburg by saying that the actions of the 20th Maine, and Chamberlain's leadership thereof, were the most 22 Loski, Chamberlains of Brewer, 15. 23 Thomas Chamberlain, as quoted in Loski, Chamberlains of Brewer, 15. 24 Ames, as quoted in Trulock, Hands of Providence, 105. 25 Pullen, Twentieth Maine, 57. 26 Pullen, Twentieth Maine, 80; Trulock, Hands of Providence, 151. 8 important to occur during the battle and that if Little Round Top was lost so was the Union cause.27 His direct superior, Colonel Rice, declared "'your gallantry was magnificent, and your coolness and skill saved us.'" indicating a consensus amongst all involved that Chamberlain's actions were valiant and noble placing him amongst the army's most superb officers.28 His subordinates and supervisors agreed that Chamberlain was an exceptional officer, which is something to note considering some officers, like General Thomas, were liked by their men and hated by their leaders. While it is not surprising that comrades of Chamberlain praised him, the reactions and testimonies of his enemies are important as well. Colonel William Oates was the commander of the opposing 15th Alabama at Little Round Top, and remarkably only had good things to say about Chamberlain. Oates stated that the decisiveness taken by the 20th Maine made them the hardest fighting unit he had ever seen, and that their "'gallant Colonel'" possessed exorbitant amounts of "'skill and… great bravery'" that saved the Union from defeat.29 Another anonymous soldier recollected on how, during Little Round Top, he had a clear line of sight on Chamberlain, yet felt a strong feeling not to fire upon him. He adhered to this feeling, and later expressed how glad he was that he hadn't killed him in a letter to Chamberlain.30 However, it was not only units involved in direct conflict against Chamberlain that respected him. During the surrender at Appomattox, Confederate Major General John B. Gordon stated that the officer from Maine was "'one of the knightliest soldiers of the Federal army'" because of the respect Chamberlain had bestowed upon the surrendering forces.31 Instead of 27 Trulock, Hands of Providence, 155. 28 Rice, as quoted in Trulock, Hands of Providence, 155; Perry, Conceived in Liberty, 271. 29 Oates, as quoted in Pullen, Twentieth Maine, 128. 30 Pullen, Twentieth Maine, 122. 31 Gordon, as quoted in Trulock, Hands of Providence, 305. 9 humiliating the men as they laid down their weapons, Chamberlain ensured that they were treated fairly, yet still making it known who the victor was. In postwar years, editions of the Confederate Veteran painted Chamberlain in a similar fashion. They tell of how brilliant he and his unit were in battle, over 35 years after the end of hostilities.32 The magazine makes it known how great of a leader Confederate soldiers believed he was. In fact, he is cited as representing the Federal Army in 1913 at a monument dedication in Chattanooga, Tennessee. This reconciliatory monument represented the peace between the states by inscribing the names of both Confederate and Federal war dead. Furthermore, Chamberlain attended as a "distinguished soldier" and gentlemen in the eyes of former Confederates.33 It is common for friendly forces to recognize the brilliance of successful military actions; yet surprising that enemy combatants also revered Chamberlain and his actions despite their catastrophic impact on the Confederate war effort. Chamberlain is remembered after the war for his accolades as a representative of Maine while pursuing political aspirations and maintaining public appearances, yet his support never faltered, and he remained generally well respected despite familial disputes and marital issues that troubled his private life. Politically savvy since his days as a professor, Chamberlain made the jump from wartime commander to state executive in a matter of years after the conclusion of hostilities. An indication of his popularity with the people of Maine, he was elected with the largest majority of any gubernatorial candidate in his first election. He ran on the promise to ratify the 14th and 15th amendments, all while ensuring the former Confederacy paid for their sins while earning their right of federal representation. 34 32 "About a Distinguished Southern Family," Confederate Veteran. 33 "Herbert Head of Peace Memorial", Confederate Veteran. 34 Joshua Chamberlain, as quoted in Trulock, Hands of Providence, 337. 10 Chamberlain desired "'suspension of certain privileges'" and "'certain rights'" for former Confederates, of which he believed had been relinquished by waging war. 35 He appealed to Congress, arguing that war is not a game, therefore the losers should be held accountable for their transgressions. He was known for a conservative streak compared to other Republicans, which itself angered those radicals in Maine politics. For example, he publicly argued against allowing suffrage to freedmen, claiming it to be too much of a change too quickly.36 He also supported Maine's conservative senator in voting against the impeachment of Andrew Jackson, an obvious minority opinion in fiercely liberal Republican politics. 37 He was never a practical politician, but his neglect of party viewpoints disgruntled leaders within Republican forums. This was different from other reconstruction leaders, as many focused-on reconciliation instead of punishment and often sided with the powerful postwar party. Although popular among the citizens of the state, he was unprepared for the life of a politician. In essence, he was not prepared for dissenting opinion, and outright disregard for his point of view at times, as he was at this point used to military reverence for the commanders orders. He fought with the legislature on several issues, mainly temperance and the legality of capital punishment in the state, but also found common ground and gained support from both parties.38 Previous legislations had proposed and supported temperance committees that oversaw laws regulating alcohol use and distribution. They established "special police", which Chamberlain declared an unconstitutional infringement on the rights of Mainers.39 He wrote to the legislature describing his dissatisfaction regarding this bill yet felt it his duty as executive to 35 Joshua Chamberlain, as quoted in Trulock, Hands of Providence, 338. 36 Longacre, The Soldier and the Man, 264. 37 Trulock, Hands of Providence, 338. 38 Trulock, Hands of Providence, 338. 39 Trulock, Hands of Providence, 338; Goulka, Grand Old Maine of Maine, 25. 11 sign it nevertheless due to its success in the legislature.40 He angered many within the state with his conduct regarding this issue, refusing to attend temperance meetings and denying them public forums. Chamberlain took his position as governor quite literally, as is evident by his signing of bills he disagreed with instead of vetoing them. He believed it was his, and the government of Maine's, responsibility to enact and therefore enforce law. By extension, he brought this same fervor to the capital punishment debate saying that laws should either change or be enforced. He is quoted saying, "'If we cannot make our practice conform to our law, [we must] make our law agree with our practice'".41 This debate had been raging far before Chamberlain was Governor, with his predecessors simply tabling execution authorizations as it was state law the Governor had to authorize each death with a signature. Furthermore, he used his executive power to commute sentences, but insisted on carrying out many of them considering it, again, his elected duty.42 He confided in his mother that "'many are bitter on me about capital punishment but it does not disturb me in the least'", continuing to describe that some had sent threatening letters in response to his ordering of the executions. 43 He responded calmly "'The poor fool for whomever thinks he can scare me… is mistaken… I do not have a particle of fear in me of anything that walks or flies,'" assuring his mother of his safety.44 His administration was not without success, as garnered support on several important issues. Chamberlain's exoneration of Civil War veterans with pardons received support from both parties, and the people as well.45 Furthermore, the establishment of the Maine's agriculture 40 Goulka, Grand Old Maine of Maine, 79; Smith, Fanny and Joshua, 197. 41 Joshua Chamberlain, as quoted in Trulock, Hands of Providence, 339. 42 Trulock, Hands of Providence, 339. 43 Joshua Chamberlain, as quoted in Goulka, Grand Old Maine of Maine, 75. 44 Joshua Chamberlain, as quoted in Goulka, Grand Old Maine of Maine, 75. 45 Goulka, Grand Old Maine of Maine, 71. 12 academy, the predecessor of the University of Maine, under his administration again excited the people and both political parties.46 This school created another avenue of education for Maine's youth, one not affiliated directly with the little ivy elite of Bowdoin, Bates, and Colby Colleges. Despite his immense popularity, and the fact that both parties supported him in a fifth term, Mainers typically regarded him as an ineffective politician.47 Today, he is not remembered for his political career or exploits, with historians and everyday people recognizing him for his war exploits. Unbeknownst to the public, while Chamberlain pursued political and public aspirations, his family was disintegrating. Not only did he and Fannie have marital issues, but his siblings all experienced turmoil that was directly and indirectly caused by the patriarch's endeavors. During the war, it was known that Fannie and Chamberlain were often at odds regarding their marriage and the direction of their lives. While she begrudgingly supported her husband's military endeavors, she was often distant during the war and hoped that when he returned to Maine he would settle down and make time for her.48 According to letters between the two, it appears that Fannie would often neglect to return letters to Chamberlain, saying he had sent seven letters by October of 1862 compared to receiving only two from his wife.49 This pattern continues throughout the war with Chamberlain asking "'Where are you… I do not hear from you all this long while?. It is more than a month that I have heard a word from you?'".50 Fannie and Chamberlain's marriage was strained by the distance and lack of communication during the war, yet his issues would also follow him into his post-war career. 46 Goulka, Grand Old Maine of Maine, 25. 47 Goulka, Grand Old Maine of Maine, 25. 48 Perry, Conceived in Liberty, 333. 49 Nespitt, Through Blood & Fire, 23. 50 Joshua Chamberlain, as quoted in Desjardin, Life in Letters, 184. 13 Fannie understood how tenaciously ambitious her husband was. He was a man of perception, and it came to no surprise to her that he accepted the Republican nomination and subsequent election as governor. Unlike her support during the war, Fannie made it clear she did not and would not encourage him in this undertaking, as she felt neglected as a wife.51 She felt so strongly about this, she refused to accompany her husband in Augusta, instead opting to stay in Brunswick. He missed her dearly and wanted to share his experience as governor with her pleading, "'we are getting rather lonesome without you…'" while encouraging her to accompany him saying "'we are having some quite pleasant times, only you are wanting to complete our happiness.'"52 Still, despite his proposed love and longing for his wife, their marriage continued to decline throughout his term to the point of abuse accusations and threats of divorce. Fannie, extremely unhappy with her marriage by 1868, released public statements alleging physical and mental abuse during their marriage. Chamberlain's response was chilling, saying "'if it were not you… I should make quick work of these calumniaters…'".53 Seeming more concerned with his public image than his marriage or the state of his wife, he says his enemies will "'ruin'" him when they catch hold of the allegations.54 Chamberlain scolded her like a child, warning her of the perils that faced widows in their society, as well as the unsought humiliation a separation would bring for himself and their families.55 These marital issues continued for the remainder of their lives, with Chamberlain confused on how or why his wife remained so disappointed in their union. They came to a mutual agreement, that they would remain married to preserve public respect for themselves and their family while living separately 51 Perry, Conceived in Liberty, 334. 52 Perry, Conceived in Liberty, 334; Joshua Chamberlain, as quoted in Goulka, Grand Old Maine of Maine, 59. 53 Joshua Chamberlain, as quoted in Smith, Fanny and Joshua, 195. 54 Joshua Chamberlain, as quoted in Smith, Fanny and Joshua, 195. 55 Trulock, Hands of Providence, 341. 14 for much of the remainder of their lives.56 These public statements were used as fodder by his enemies but amounted to make little difference as Chamberlain was subsequently reelected. Despite this, it is important to understand these accusations to therefore appreciate Chamberlain holistically, and acknowledge their absence in popular history. During the war, Joshua's brother Tom fought alongside Chamberlain in the 20th Maine while the remaining Chamberlains awaited the return of their soldiers. Sarah, their sister, continued life at home while John, being chronically ill, served alongside his brothers as a Chaplain. Upon returning home, John became increasingly sick. Despite the ailments of his brother, Chamberlain ran and was elected for governor whilst his wife spent considerable time caring for John.57 Tom, meanwhile, was lost after his wartime service. He lived and worked in New York for a time, yet never found anything worthwhile. Soon thereafter, John died and Governor Chamberlain left his Tom to fend for himself, stranding him both financially and emotionally as Tom had come to rely on the hospitality of John in Chamberlain's absence.58 Later in life he did the same, as Tom returned to Maine in 1889 after failed pursuits in Florida. Chamberlain, now retired, refused to help him as he had his own financial problems. Tom, neglected to attend any reunions of the 20th Maine, therefore allowing his brother to obtain the spotlight.59 Upon Tom's death, Chamberlain retained the same mindset regarding his siblings. Despite this, Tom never resented his brother, in fact encouraging and supporting him until the day of his death.60 Joshua Chamberlain made himself a priority throughout his life, doing so by routinely disregarding the needs of his loved ones in exchange for his own. This is 56 Perry, Conceived in Liberty, 339. 57 Loski, Chamberlains of Brewer, 78. 58 Loski, Chamberlains of Brewer, 82. 59 Loski, Chamberlains of Brewer, 86. 60 Loski, Chamberlains of Brewer, 88. 15 another unknown aspect of Chamberlain's life, and something that he and popular historians do not want the public to see, as it would taint his image as a saintly officer and leader. Omitted from almost every contemporary textbook or lesson regarding Joshua Chamberlain is the 1880 Maine Gubernatorial crisis, termed the 'Count-Out Crisis'. Essentially, elected Democrat Governor Alonzo Garcelon sought reelection in 1879 against two opponents, Daniel F. Davis of the Republican Party and Joseph L. Smith of the Greenbacks Party. With the vote split between three candidates, 49.6% of the votes went to Davis with the remainder split between Garcelon and Smith. The Maine Constitution declared that without over 50% of the votes, no winner could be announced, and the legislature must elect the governor.61 Facing a Republican majority in the legislature, Garcelon manipulated the votes by casting aside Republican votes as invalid, causing the Supreme Court of Maine to declare his actions unconstitutional and award the governorship to Davis. Garcelon refused to yield his office and began appointing Democrat and Greenback Representatives and Senators while declaring himself the rightful governor. All sides began to mobilize paramilitary forces, forcing then Commander of the Maine Militia, Joshua Chamberlain, to intervene.62 Called upon by leaders of the elected legislature, Chamberlain swiftly took control of the government by using civilian police to oust Garcelon's staff and council before alterations could be made to the legitimate election results.63 Controlling the state as a military dictator, Chamberlain now faced the daunting task of relinquishing power to one of the three factions, retaining it for himself, or allowing the courts to decide. He was urged from all sides, with many pleading him to retain the democratic institutions in place.64 Chamberlain confides his great 61 Desjardin, Life in Letters, 239; Foley, Ballot Battles, 164. 62 Foley, Ballot Battles, 165-167. 63 Trulock, Hands of Providence, 356. 64 Desjardin, Life in Letters, 242. 16 responsibility in Fannie saying "'There is… No Governor, no legislature… I have been obliged to assume the defense… of the state… I am determined that Maine shall not become a Southern American State'".65 He is interpreted as referencing his Confederate counterparts and the lawlessness he associated with their secession and subsequent reintegration into the Union, as well as nations literally situated on the South American continent that were notable monarchies and dictatorships. Chamberlain's outlook on his role in this matter is that of a noble hero, something that surely inflated his ego as well as gave him a needed break from what he deemed to be a morbidly boring life as a civilian. Committed to solving the issue in a non-partisan and equitable manner, Chamberlain managed to enrage almost everyone in Augusta during his occupation. He was offered appointments as senator by each side, to which he adamantly refused stating it was the sole responsibility of the courts to decide the outcome.66 He was discouraged that his own party had amounted military forces and bribed him, and that they and the Democratic camp called him a traitor and usurper who abused his office as Commander of the Militia by intervening.67 Both sides plotted against him, threatened to kill or kidnap him, yet he stayed true to his goal of "'keep[ing] the peace'" and allowing laws to be executed rightfully.68 A local paper describes the scene as dire, where all of the power of the state was vested into Chamberlain until matters could be resolved.69 It was also cautionary, asking citizens to stay calm and avoid the capital, as infantry from Gardiner had been given authority to fire upon civilians or police should they act malicious.70 In the end, he gracefully guided Maine through twelve days of political and social 65 Joshua Chamberlain, as quoted in Goulka, Grand Old Maine of Maine, 138. 66 Trulock, Hands of Providence, 357. 67 Trulock, Hands of Providence, 357. 68 Joshua Chamberlain, as quoted in Trulock, Hands of Providence, 359. 69 "Chamberlain Holds the Helm," Daily Kennebec Journal. 70 "Chamberlain Holds the Helm," Daily Kennebec Journal. 17 unrest, ultimately allowing the court to empower the duly elected legislature to establish Davis as Governor. While Chamberlain fought to maintain his public image though marital and political disputes, today's scholars have begun to delve into his life and analyze his actions. Military writers, for example, annotate analysis his military exploits without necessarily focusing on other aspects of his life. By extension, these writers represent the popular memory of Chamberlain today. Military doctrine displays Chamberlain as the best and brightest military leader of the Civil War, yet writers like Hillyard, Cuddy, and Foley discuss his leadership style progression and whether he deserves the high pedestal he is placed in. Fred Hillyard points out in his paper that the Army uses Joshua Chamberlain as an example of leadership to be emulated, saying that the Army claims responsibility in developing leaders in his image through their education pipelines.71 Hillyard, in the 1980's, questions whether or not this selection is plausible, stating that the notion of military education is lost using Chamberlain as an example as he was schooled at a liberal arts college and volunteered for his commission without any prior military education.72 Hillyard also asserts that although the individual actions of Little Round Top are admirable, the tactics and leadership of the Civil War cannot be adequately translated to modern conflicts. He argues that "students may not relate to the muskets, bayonets, [and] bugle calls… when their thoughts are normally of sophisticated weapons systems… [and] the modern battlefield".73 Moreover, Hillyard continues to question the Army's position regarding Chamberlain, asking if his actions, although notable, were necessarily different from military actions of his time. 71 Hillyard, "Force Multiplier", 3. 72 Hillyard, "Force Multiplier", 3. 73 Hillyard, "Force Multiplier", 6. 18 Hillyard equates Chamberlain's war heroics to his personality, luck, and the fact that the pressure of the situation helped shape him into a military genius. Chamberlain's temperament and personal awareness were key to his success at Gettysburg, in that he was able to learn and adapt to the given situation.74 Hillyard also contributes Chamberlain's willingness to share in the suffering of his men as a motivator for them to follow his lead in battle.75 Unequivocally agreeing that his actions were great, he remains unconvinced that Chamberlain was a special instance of leadership. He determines that when people of character are placed in precarious situations, they usually will make consequential decisions.76 He concludes that Chamberlain is a great example of leadership, one that people can look to and learn from, but is not convinced he is the best example that the military should look toward. This exemplifies that, even in the 1980's, scholars viewpoints of him were changing as a holistic image of Chamberlain and his leadership attributes were being developed. In his paper, John Cuddy focuses on Chamberlain's leadership development over time, and how he became a symbol of leadership for the military and the public. Interestingly, Cuddy contradicts Hillyard by saying that his actions during battle were not a result of him being an exemplary human being, instead attributing his bravery to his personality, personal interactions with different role models, as well as his education and professorship at Bowdoin.77 These characteristics, Cuddy argues, projected him to success in leadership roles, and the evaluation of them and him can help others in the future. He also asserts that Chamberlain had an inert sense of entitlement for esteem and prestige citing his pleas to Senator Morrill regarding his permanent appointment to Major General following the war.78 Despite his ego, he was outwardly concerned 74 Hillyard, "Force Multiplier", 6. 75 Hillyard, "Force Multiplier", 8. 76 Hillyard, "Force Multiplier", 5. 77 Cuddy, "Blood and Fire", 4-5. 78 Cuddy, "Blood and Fire", 6. 19 for the welfare of his troops, yet also garnered the need for respect and order within his unit. He was sympathetic to his men but was also strict when called to do so. Cuddy attributes these and other personality traits to his success militarily and asks future students to analyze his self-need for adventure and validation as an example of poor leadership. Chamberlain's combination of humbleness regarding his troops and desire to prove himself made him daring yet conscious enough to lead gracefully in times of stress. Cuddy also determines that Chamberlain is an example of what good role models can do for leadership development, citing his boyhood idols as well as military leaders. Cuddy establishes that Chamberlain's upbringing was filled with military heroes, like his father and grandfather, of whom he always wanted to emulate.79 His childhood was filled with menial labor, hard lessons, and eventual academic prowess. Chamberlain was an advocate for hard work before the war and took these ideals with him into service. Never receiving formal military training, he yearned to prove himself in battle saying "'Soldiering in a time of peace is almost as much against my grain as being a peace man in time of war'" when asked prior to the war about militia service.80 His upbringing shaped his character, which Cuddy argues helped shape him into an effective military leader. Interestingly, we see Foley stray from the commonality of the other military writers, as he seems to agree with popular historians that Chamberlain was a "honorable" and "inspiring" man who answered his nation's call when needed.81 Foley neglects to mention his development as a leader, instead citing sources that clearly picture him as a leader born for greatness. He cites a plethora of Chamberlain's victories, both on and off the field of battle. These include early 79 Cuddy, "Blood and Fire", 15. 80 Chamberlain, as quoted in Cuddy, "Blood and Fire", 7. 81 Foley, "Citizen Warrior", 8. 20 military accomplishments, as well as earning the trust of his men.82 Foley concludes that Chamberlain was simply a military anomaly, crediting in part his successes to "'good genes'".83 He states that Chamberlain's intellectual prowess and desire for challenge fueled his military success, completely disregarding his development as a leader and person throughout his life.84 His lackluster analysis of Chamberlain's life and development is a discredit to leadership development of future military officers, as his paper clearly misinforms the reader by asserting that Chamberlain was a special instance of innate leadership capability. Chamberlain's preeminence is further celebrated today through monuments erected in his name and image. Intriguingly, these monuments were placed far after the Colonel's death in 1914. The first monument was raised on Veteran's Day, 1997, in Brewer near the Chamberlain home. 85 This monument is placed in a public park that is itself a replica of Little Round Top as well as an homage to the Underground Railroad. Named after Chamberlain, it serves to commemorate his battlefield heroics and those of the Hollyoke House that was an actual part of the railroad.86 It is interesting, noting Chamberlain's unfavorable opinions on voting rights for freedmen, that a memorial to him and his unit are placed at an extremely interesting and important historical site in terms of the Underground Railroad, of which Chamberlain was not involved. Yet, the contributions of the Holyoke Family are overshadowed by Joshua Chamberlain's legacy. It's date of completion, as well as location, are significant 82 Foley, "Citizen Warrior", 16. 83 Foley, "Citizen Warrior", 30. 84 Foley, "Citizen Warrior", 29. 85 Maine Civil War Monuments, "Brewer," https://www.maine.gov/civilwar/monuments/brewerchamberlainpark.html [accessed 3 November 2021]. 86 Maine Civil War Monuments, "Brewer," https://www.maine.gov/civilwar/monuments/brewerchamberlainpark.html [accessed 3 November 2021]. Chamberlain Park Statue, Brewer, Maine 21 Chamberlain Statue, Bowdoin College, Brunswick, Maine Maine National Guard Headquarters, Augusta, Maine Chamberlain Post Office, Chamberlain, Maine because it shows that his popularity continued to grow despite his actions having taken place more than 130 years before the monument was placed. The revival of Chamberlain and his exploits in the 1990's can also be explained by he and his unit's stardom in later media. Additionally, Chamberlain retains a second monument in Brunswick on the campus of Bowdoin College. Dedicated in 2003, it is not surprising that the college wanted to commemorate its most notable alumni.87 Yet, this is significant given that the school and its faculty denied his initial requests to serve and slandered him to retain him as a professor. Again, it is notable that almost one hundred years after his death, Bowdoin utilizes the popularity and prestige of Chamberlain's name and likeness to honor him on their campus. Both monuments indicate that Chamberlain's popular memory is alive and thriving in Maine and will be for the foreseeable future. They also indicate that his remembrance has grown in recent years, as these monuments were dedicated in the last twenty-five years. In addition to monuments, his memory lives through his posthumous appointment as the namesake of the Maine National Guard Headquarters in Augusta, dedicated in 2018, as well as an eponymous village in my hometown established sometime in the late 19th century. His legacy is an integral part of Maine's military and political lineage as identified through his idolization by local and state organizations. 87 Maine Civil War Monuments, "Brunswick," https://www.maine.gov/civilwar/monuments/brunswickchamberlain.html [accessed 3 November 2021]. 22 It would be absurd to diminish Joshua Chamberlain's importance to the Civil War and the Battle of Gettysburg. His decisive military actions and the courage of his unit earn him the distinction as a great officer in the history of our military. The memory displayed by both the northern and southern soldiery indicates just this and exemplifies his gentlemanly traits that are often noted by popular historians and the public. Yet, these examples do not demonstrate the holistic view of who Chamberlain was during his time on earth, both during and after his service in the war. While he was respected for his gallantry in battle by almost all, historians have regularly neglected or diminished his shortcomings in life. Understanding the totality of historically significant people's life is important because we cannot afford to remember people in a single-faceted sense. When looking back on the past, the public deserve to know the good and the bad about the people they are supposed to admire. A one-dimensional viewpoint on any figure has no benefit except to paint a false reality, one that hides reality in exchange for a rose-colored fallacy. Instead, we should be yearning to investigate the lives of our heroes to learn from both their mistakes and accomplishments. In essence, there is more to learn from the mistakes of others than from their successes. Joshua Chamberlain has rightfully been admired for his heroics in battle, yet his private life seemed secluded, isolated, and rarely discussed. Yet, as of late, writers have begun to acknowledge that the hero of Little Round Top was indeed human, with his own demons that menaced him throughout his life. Accusations of abuse, familial abandonment, and general neglect of those he loved has begun to threaten Chamberlain's legacy. Given these flaws and misdeeds being exhumed, will his reputation, for which he fought vehemently to maintain, be tainted or amended in the coming years? Will the lessons taught in Maine schools feature his military feats, as well as his personal shortcomings? This is a question for historians, both 23 professional and amateur, to answer. We hold the keys to truth through research and analysis, and despite the man's noted contributions to our nation, we also owe a debt to future generations to lay out the entirety of Chamberlain's story, and let our children decide the fate of Maine's famed Colonel. 24 Annotated Bibliography Cunningham, S.A. "About a Distinguished Southern Family," Confederate Veteran, 1900. This edition of the Confederate Veteran discusses an encounter between a former Confederate and Gen. Chamberlain years after the war, discussing what happened on the Gettysburg battlefield. The disagreement the two had regarding it, as well as the adjectives used to describe Chamberlain, are interesting and are noted in the paper. "Chamberlain holds the Helm," Daily Kennebec Journal, January 12, 1880. This news article discusses the Maine gubernatorial crisis in 1880 from their point of view. The article talks about Chamberlain being essentially inserted as a military governor, and the fear in the community regarding this. It is used to support research done in other sources. Chamberlain, Joshua. The Passing of the Armies: An Account of the Final Campaign of the Army of the Potomac, Based Upon Personal Reminiscences of the Fifth Army Corps. Lincoln and London, NE: University of Nebraska Press, 1998. Chamberlain's own autobiography is interesting because it was written out of necessity for money. It describes his own experiences of the war and why he believed certain instances occur. This is fascinating because others have differing accounts than he. I did not cite it in the paper, but it is listed in the bibliography. Cuddy, John F. "Training Through Blood and Fire: The Leadership Development of Joshua Lawrence Chamberlain." Air Command and Staff College (2015): 2-37. Major Cuddy's essay focuses on Chamberlain's progression as a military leader throughout the war. He states that by modern standards he was a great strategist and soldier yet did not learn at an academy or college. Cuddy advocates for the experiential learning that affected Chamberlain, which he says made him into a great officer. It is used as support for the changing of thought regarding Chamberlain as of late. Desjardin, Thomas A, ed. Joshua L. Chamberlain: A life in Letters: The Previously unpublished letters of a great leader of the Civil War. Harrisburg, PA: National Civil War Museum, 2012. This collection of letters from Chamberlain depicts his personal feeling throughout the war, his gubernatorial years, when he was President of Bowdoin, and throughout his life with his family and colleagues. These primary sources were used when discussing his marital issues, as well as personal feelings during his post-war life. 25 Desjardin, Thomas A. Stand Firm Ye Boys from Maine: The 20th Maine and the Gettysburg Campaign. New York, NY: Oxford University Press, 1995. Desjardin's work focuses exclusively on the Battle of Gettysburg and the actions taken on Little Round Top by the 20th Maine. Most of this book regards the tactics of the battle, but throughout there are personal quotes from soldiers that will be useful, as well as the final two chapters that deal with the immediate memory of the 'Count-on Crisis' and how that affected the remainder of his life. I did not cite this in the paper, but did research it. Foley, Edward B. Ballot Battles; The History of Disputed Elections in the United States. Oxford UK: Oxford University Press, 2016. This book has a chapter devoted to the Maine gubernatorial crisis, which was very hard to find research on. I used this source to provide context on the event and why it occurred, while highlighting the importance of Chamberlain's resulting actions. Foley, Chris M. "Citizen Warrior; Major General Joshua Lawrence Chamberlain; A Study in Command." USMC Command and Staff College (2012): 8-32. Foley offers a Marine Corps investigation into Chamberlain, who he was as a person, and his leadership characteristics. Like the other officers' papers on Chamberlain, he agrees that the man was a military genius but tends to agree with Trulock and Pullen that Chamberlain's knowledge was an anomaly. Goulka, Jeremiah E, ed. The Grand Old Man of Maine: Selected Letters of Joshua Lawrence Chamberlain 1865-1914. Chapel Hill, NC: The University of North Carolina Press, 2004. Goulka's collection of letters fits well with the subject of memory because these letters go from during the war until his death. They discuss in depth his time as governor and the issues regarding his family. They are used to support the secondary source work regarding his life and the events that occurred during it. "Herbert Head of Peace Memorial" Confederate Veteran, 1913. The source is another Confederate viewpoint on the Colonel of the 20th Maine. This, like many, portrays him in a positive light. It is regarding a monument displaying peace between belligerents in Chattanooga, Tennessee. This primary source shows an example of how Confederates and Federal troops viewed him during his life. Hillyard, Fred. "Leadership as a Force Multiplier: The Joshua L. Chamberlain Example." US Army War College (1983): 1-29. This essay is written by an Army officer at the War College. LTC Hillyard discusses Colonel Chamberlain's leadership attributes and if he deserves the high stature he has and still is placed in within the Army. He focuses on how Chamberlain was not a trained soldier, but instead an avid learner who used his ability to absorb knowledge from other professional soldiers. Cuddy's piece on the same subject will support this, and Hillyard's 26 article will be used to further demonstrate Chamberlain's reverence amongst the modern military and changing ideals today. "Indignation in Maine" New York Tribune, December 20, 1879. The New York Tribune article discusses again the situation in 1880 in Maine, but from the outside viewpoint of New Yorkers. It is more of how outsiders view the situation instead of Mainers. "Letter from the State Capital" The Portland Daily Press, August 9, 1862. In my research, this is the first instance I could find discussing then Lt Col Chamberlain and his appointment to the newly designated 20th Maine. It states who the officers and NCOs will be within the unit. It describes Chamberlain in a good light, before he was even in combat, which is important to the research. Maine Civil War Monuments "Brewer." https://www.maine.gov/civilwar/monuments/brewerchamberlainpark.html [accessed 3 November 2021]. This is the State of Maine website that documents all the monuments within the state. It gives the relevant information regarding when the monument was placed and by whom. I also will include personal photographs of the site in the final Draft. Maine Civil War Monuments. "Brunswick." https://www.maine.gov/civilwar/monuments/brunswickchamberlain.html [accessed 3 November 2021]. This is like the prior source, simply a different monument. They serve the same purpose and this one will have a personal photograph as well. Nespitt, Mark, ed. Through Blood & Fire: Selected Civil War Papers of Major General Joshua Chamberlain. Mechanicsburg, PA: Stackpole Books, 1996. This source will add to primary source collection off Chamberlain through letters but only includes works from 1862-1865. They will be used to express his personal feelings during the war regarding his service, his family, and hopefully any issues within his organization. It is used as supporting documents regarding how he was viewed in his time versus how he is remembered. New York State Military Museum and Veterans Research Center. "140th New York Infantry Regiment's Monument at Gettysburg." https://museum.dmna.ny.gov/unit-history/infantry-2/140th-infantry-regiment/monument-gettysburg [accessed 1 November 2021.] The site depicts the 140th New York Infantry's monument at Gettysburg, which is a statement itself about the men who fought with the unit. It stands as a simple memorial to those who died, including the regimental commander. 27 New York State Military Museum and Veterans Research Center. "44th New York Infantry Regiment's Monument." https://museum.dmna.ny.gov/unit-history/infantry/44th-infantry-regiment/monument-gettysburg [accessed 1 November 2021.] This huge castle is dedicated to the fighting men of the 44th New York, who were also alongside the 20th Maine at Little Round Top. It is a superfluous monument, given the fact their role in the battle was overlooked by the heroics of Chamberlain and his men. It has a lengthy inscription, unlike the 44th's, which describes what they did during the battle and how many perished. Both these sources will be used to show that some friendly soldiers harbored at least a little bit of jealousy and resentment for Chamberlain's popularity and recognition when they received little to none. Longacre, Edward G. Joshua Chamberlain: The Soldier and The Man. Conshohocken, PA: Combined Publishing, 1999. This book was one of the more helpful sources. It goes into who Chamberlain was as both a soldier and normal person, which my paper discovers through memory. This source helped me express to the reader who Chamberlain really was and how that relates to his popular portrayal. Also, it is one of the only sources that really questions Chamberlain and asks tough questions of his character and actions. Loski, Diana H. The Chamberlains of Brewer. Gettysburg, PA: Thomas Publications, 1998. Loski's book primarily confers how the entire Chamberlain family came to be, and their relevance throughout history. It not only discusses Joshua and Fanny, but also his brother Tom, his sister, other extended family, and of course his parents. I use it to discuss his familial life, mainly regarding how he abandoned them routinely. Norton, Oliver W. The Attack and Defense of Little Round Top, Gettysburg, July 2, 1863. New York, NY: The Neale Publishing Company, 1913. Norton's piece, while older, gives a lot of valuable insight into the battle itself. While this is important to compare thinking from the past to present, there are other sources that do a better job. I do not cite it in the paper Perry, Mark. Conceived in Liberty: Joshua Chamberlain, William Oates, and the American Civil War. Harmondsworth, Middlesex, UK: Penguin Books Limited, 1997. This is one of the more credible sources regarding Chamberlain and his memory, as it also discusses his adversary on Little Round Top and their parallels. Through this source, we can see how other officers and officials of the time viewed Chamberlain both during and after the war, and more importantly how his foes viewed him. Also, the book discusses some of his actions after the war, how it affected his personal life, and how others perceived him. This is a good source to use to refer to both how people thought about him but also the reality of his actions. Also, it is a beneficial source to see how adversaries thought of him, specifically William Oates who commanded the regiment that opposed him at Little Round Top. 28 Pullen, John J. The Twentieth Maine: A Volunteer Regiment in the Civil War. Philadelphia, PA: J.B Lippincott & Company, 1957. The book provides instances of how he is/was remembered. Mainly this source quotes Oates, Chamberlain's counterpart, but also Chamberlain's soldiers regarding their leader. Because the point of this paper is to focus on memory, this source will be helpful because it has a lot of points regarding how the people he commanded felt about Chamberlain. Smith, Diane Munroe, ed. Fanny and Joshua: The Enigmatic Lives of Frances Caroline Adams and Joshua Lawrence Chamberlain. Gettysburg, PA: Thomas Publications, 1999. Like the Chamberlains of Brewer source, this book will give greater understanding of the relationship of Chamberlain and his wife. Comparing to other sources, I will see if in fact their relationship was strained and if so why. It is mainly letters between the two, accompanied by brief excerpts describing the times and circumstances of the letters. These sources will help determine if his stately appearance was a public rouse or if he was privately a different man. Trulock, Alice Rains. In the Hands of Providence: Joshua L. Chamberlain and the American Civil War. Chapel Hill, NC: The University of North Carolina Press, 1992. Trulock's work is one of the prolific biographies of Joshua Chamberlain but is claimed by writers like Cuddy and Longacre to be one sided and only include the more cheerful instances in his life. Most of the work puts Chamberlain in a good light by designating him as a marvelous leader who was fair and beloved by his troops. Strangely, she does mention some of his more unsavory actions after the war, as well as explaining his resistance in allowing freedmen to vote. I use this source a multitude of times because the author covers almost every instance of Chamberlain's life. United States Department of Defense. "Medal of Honor Monday." https://www.defense.gov/News/Feature-Stories/story/Article/2086560/medal-of-honor-monday-army-maj-gen-joshua-chamberlain/ [accessed 3 November 2021]. This DoD article discusses Chamberlain as an astute, gentlemanly officer who was a gallant recipient of the Medal of Honor. While this is true, it again is an example of popular memory regarding Chamberlain. He is viewed only through his singular actions, not by a collection of them. Weart, David. The Military Leader. "Joshua Lawrence Chamberlain- Leadership in Action," https://themilitaryleader.com/leadership-action-chamberlain/ [accessed 3 November 2021]. Weart's online article does the same as the DoD's. It describes Chamberlain in a single faceted manner and neglects all the instances that made him human like everyone else.