CHAPTERS, RELIGIOUS

The chapter is an organ of governance within a religious institute constituted in accord with the proper law of the institute with the authority to make decisions and set direction. In religious institutes belonging to the Eastern Churches the comparable organ of governance is called a synaxis (Codex Canonum Ecclesiarium Orientalium, 441, 511, and 512). The primary work of a chapter is to preserve the spiritual patrimony or heritage of the institute; it carries out this general mandate by promoting suitable renewal, electing superiors and councils as determined by its proper law, treating matters of major importance to the institute, and issuing norms which bind members. Chapters may be general, representing the entire institute; provincial, representing a province of the institute; or local, representing an individual religious house. A chapter of elections deals exclusively with elections while a chapter of affairs deals with other matters. A chapter is ordinary when it occurs at the regular intervals established in the institute's proper law; chapters convoked at other times are extraordinary.

The proper law of each religious institute specifies the frequency with which the chapter meets, how its members (capitulars ) are selected and the manner of conducting business. The chapter body usually includes both ex officio members, i.e., participants by reason of office held, and elected members. Constitutions of some institutes also give the highest superior or the chapter itself the faculty, for serious reasons, to appoint additional members with full capitular rights. Chapters of monastic institutes, of very small institutes, and of local houses are usually coextensive with their membership. Each chapter, however, regardless of size, authority or composition, should be representative of the whole institute or of that part of the institute for which it acts.

The formal divisions of a chapter are convocation, celebration, and confirmation, each governed by the proper law of the institute. Convocation is the authoritative announcement to all who have the right to participate of the assembling at a definite place at a definite time. The person competent according to proper law convokes a chapter; ordinarily this is the superior who acts after obtaining either the advice or consent of the council as indicated by proper law. Many institutes require convocation of general chapters 6 to 12 months prior to the actual convening.

A chapter convenes at the time it is formally opened by the person competent according to the institute's proper law, and it is celebrated in accord with the provisions of proper law. Celebration encompasses that series of actions, including prayer, discussion, and voting, by which the chapter conducts its affairs. Absent applicable norms in the proper law of the institute, universal law governs (Codex Iuris Canonicis 631–632 on chapters, 119 and 164–179 on elections, and 124–126 on juridic acts; Codex Canonum Ecclesiarium Orientalium, 511–512 on synaxes, 947–956 on elections, and 931–933 on juridic acts). By its nature the chapter functions collegially, i.e., although presided over by designated authority, each member including the presiding officer votes on an equal basis with every other member. In addition, all individual members of the institute, provinces, and houses are free to send suggestions to the general chapter, in accord with the norms of proper law.

Confirmation is the action by which the competent superior approves the acts of the chapter and by this approval renders them binding. Because religious institutes, provinces and formally erected houses enjoy public juridic personality by law, actions taken by such chapters ordinarily are complete and effective in themselves. Confirmation is required for the acts of a chapter only when either universal or proper law expressly requires it or the nature of the matter warrants it.

The term chapter derives from early monastic usage. Monks gathered daily as a community to listen to a reading (caput ) from the rule. Gradually this gathering included discussion and decisions concerning the application of the rule; the room came to be known as the chapter house and the assembly itself as the chapter. By the thirteenth century general chapters were required for all religious institutes. Other forms of life closely allied to religious institutes, such as societies of apostolic life, existing since the seventeenth century, and secular institutes, recognized in law in 1947, may, but are not required to, incorporate this organ of governance into their proper law.

The institute's proper law determines the competence of a chapter. While in session chapters hold extraordinary legislative authority, but the ordinary executive authority of the superior vis-à-vis members perdures while the chapter is in session. Chapters are commonly understood to participate in the exercise of jurisdiction when they take definitive action on such matters as the administration or alienation of church property, election of superiors, and enacting of certain policies affecting members of the institute or its apostolate.

[r. smith]