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THE UNIVERSITY OF AMERICA

Fostering the Patrimony of the Order of Minor Capuchin: A Study in the Mutual Responsibility of the Order and the (Canons 576 and 631)

A DISSERTATION

Submitted to the Faculty of the

School of Canon Law

Of The Catholic University of America

In Partial Fulfillment of the Requirements

For the Degree

Doctor of Canon Law

©

Copyright

All Rights Reserved

By

Cyprian R. Rosen

Washington, DC

2009

Fostering the Patrimony of the Capuchin: A Study in the Mutual Responsibility of the Order and the Apostolic See (Canons 576 and 631)

Cyprian R. Rosen, J.C.D.

Director: Rose McDermott, S.S.J., J.C.D.

The describes the patrimony of a as constituted by the “mind and designs of the founders regarding the nature, purpose, spirit and character of an institute, which have been sanctioned by competent ecclesiastical authority, and its sound tradition” (c. 578). Further, the code declares that both the institute and the competent authority of the Church have the responsibility to foster this patrimony and to promote renewal in accordance with it (cc. 631 and 576). This dissertation studies these responsibilities in relation to the Apostolic See and the Order of Friars Minor Capuchin focusing especially on four elements: fraternity, equality, itinerancy and pluriformity. Chapter one studies the Order of Friars Minor founded by St. Francis of (1209), tracing the development of the Franciscan patrimony up to the Constitutions of Narbonne (1260). It also examines the roles of Innocent III, Honorius III, and Gregory IX. It concludes with the breakdown of equality when lay friars were relegated to second class status. Chapter two traces the founding (1529) and development of the Capuchin Order as a separate branch of the Franciscan Order and the renewal of its patrimony, particularly the recovery of the element of equality of all friars. It considers the role of Pope Clement VII and the ’s impact on the Order. The chapter examines Pius X’s revocation of passive voice from the lay friars and the classification of the Order as a clerical institute by the 1917 Code of Canon Law.

Chapter three studies the Order’s renewal after Vatican II, particularly of the four elements of its patrimony. The chapter focuses on the attempts of the Order to restore full equality to the lay friars and the exchanges between the Order and the regarding the description of the Order as a “clerical institute.” Pope John Paul II’s reference to the Order as a “mixed institute” is scrutinized. The dissertation concludes with a discussion of the canonical status of the Order and its ongoing attempts to have full equality for lay friars.

[Because this dissertation is longer than 100 Meg., I have sent the entire thesis to the University to be forwarded to ProQuest at the appropriate time.]