The Canon Lawyer: in the name of the Church

The Canon lawyer discussed Canon 603, of 1983 and explained it was a revision of the 1917 Canon regarding eremitic life. He said that laws are created due to abuses and also because of desire by some to have "official stamp" of approval. Perhaps there have been those, he pointed out, who said they were going to live a life of stricter separation from the world or in prayer and fasting, but did not. The law provides for the Bishop to step in and correct the abuses, if the hermit has been publicly avowed, and those vows received by the Bishop.

He said it is a legality, of publicly approving the hermit in the name of the Church, of it being of public record, regardless of how many were actually at the profession of vows. He said that may be just the hermit and the Bishop. But it is done in the name of the Church, with the Bishop saying he receives the vows on behalf of the Church.

As for vows being made publicly but not received by the Bishop, that could not be in the name of the Church. This is what must be made clear, for this was the stumbling point. In St. Colette's time, she made vows publicly, and she was generally known as the anchorite, and her life exemplified this. Now, a person would not be seen as a hermit in the name of the Church. The public aspect today is that of the law, of the Bishop receiving the vows in the name of the Church, on behalf of the Church.

The Catholic hermit wants to clarify this, for it had not been accurate--or at least not clear. A hermit could not make vows publicly--or at least it would not be in the name of the Church. There are religious sisters and brothers, even a young man in cassock, floating about, and we're told even some former priests--who are doing their own thing, and obviously not in the name of the Church. Some say they are approved, or in legitimate religious communities. Some are even in approved communities or are active priests but not living their vows, and the Bishops could and do step in to correct the abuses but sometimes do not, for various reasons, and often quite prudent reasons.

The Church's official stamp of approval and in the name of the Church seem key in this topic. They were used repeatedly to explain the situation.

Next he spoke of private vows. He said what has been written and repeated: that the privately avowed hermit is also consecrated, also approved, and in keeping with the Church's allowance of this form as well. This type of hermit is approved, but the vows have not been received in the name of the Church by the Ordinary of the Diocese. It is not under Canon Law 603.

The Canon lawyer explained much background of CL603, and the Catholic hermit just listened. When asked some question or two, the Canon lawyer was surprised that the hermit knew much at all, but the hermit felt it best to not go into too much of the research, for most of that has been focused on living the life, as am not that interested in the legalities. (That should have been another clue that this hermit wasn't all that desirous of public profession and consecration, for it does involve legalities, forms, papers and what not--and being known.)

We then began discussing possibilities. A privately avowed hermit could commit abuses and not be under the legal responsibility of the Bishop. The publicly avowed hermit could commit abuses, and thus would be done in the name of the Church, and the Bishop could or would step in and stop the abuses. With the privately avowed hermit who commits abuses, it would not be committed in the name of the Church, for the private hermit does not have that official stamp. Either way it would be a horrible thing, indeed, to abuse one's vocation and hurt the Church.

I'm not sure how that would be--either as a public or private hermit--to disobey the Bishop? The public or private hermit would not strive to follow his or her rule of life? Would intentionally lead others astray? The Canon lawyer said the Bishop or designe could tell the publicly consecrated hermit to not fast, for example, if there was a concern about the degree of fasting. The publicly consecrated hermit would be bound to obey. If the privately consecrated hermit was told by the Bishop or designe the same, it would not be legally binding--although spiritually so, for one is to obey one's Bishop!

It came down to, once again, in the name of the Church and Church law. He pointed out once more that there is something very real in the law of God between the soul and God and that relationship which is at root of what one should be concerned with. But, he said that some people desire the Church's official or legal stamp of approval, and thus they approach the Bishop to have their vows publicly professed and received.

The Catholic hermit asked directly, "Do I need this official stamp of approval?" He said, "No, not at all." He said that I am approved by the Church and accepted as a hermit, but privately so. It is not in the legal sense.

The Catholic hermit explained the annulment process after so many years, and that there were not enough living witnesses who knew both parties prior, during, and after. While the agent was going to pursue a different path to gain the necessary documentation of invalidity, the hermit had already decided that when the process was opened it was for a reason that no longer existed, other than purity for Jesus. But, Jesus didn't seem to mind the status. Then the hermit told the Canon lawyer what the confessor had said, to not bother with it; and that seemed a relief to the hermit. If the Bishop wanted the Catholic hermit to be canonically approved, there is provision in the Canon to dispense the marriage restriction. (Is that 643.1? Somewhere in there.) Besides, the hermit had worked through the thought of being spiritually bonded to the spouse and various others involved with the spouse over the years. More souls to pray for and love and bring before the Lord's mercy seat.

The Canon lawyer, too, felt that the private vows were and are the path for this hermit. The hermit responded with joy and gratitude, for in working through this, from thinking one way to being shown another, over months and months, being nothing known and not publicly approved in the name of the Church, of not having any public stamp of approval--seems just right and preferred. It's the baby bear's just-right bowl of porridge.

Surely it comes down to God's will for each individual hermit as to law or spirit. And surely there can be spirit in the law.

Someone once asked in a comment, by what authority do I have--? Well, I do not speak or write as a hermit by any official Church stamp of approval. It makes what I write all the more vulnerable, and requires more accountability to God, and more checking with the confessors and spiritual father and now Canon lawyer, and at times with the Bishop--to make sure I am living my consecrated life as one ought; but it is a consecration not public and not even "legal" by the Code (but valid by the Catechism of the Catholic Church which must make it all right by God.)

Well, this has helped the Catholic hermit immensely to come to a peace about it all. I pray others have not been too upset by the lack of clarification, in the non-technical explanation, for even in the career of the world, the nothing was told it was a poet at heart. In personality alone, the nothing realizes that the public consecration would not have been a good thing for this one. It has always shunned such matters, and after entertaining big ideas of other options, has always chosen what for it is the path of greater suffering. For this Catholic hermit, that path is to remain very privately consecrated--not above Church law by any means, or outside the law, but far beneath it.

Now, the Catholic hermit is beginning to ponder--by what authority does it write or speak? That is a good quesiton. While the ego would love it if it was by God's authority, or as St. Silouan came in his great holiness to speak from the power of the Holy Spirit, the Catholic nothing hermit speaks and writes probably most often from inept struggling and at other times hopefully from some slight glimmers of the Holy Spirit.