Pontifical right

Part of a series on the
Jurisprudence of Catholic canon law
Current law 1983 Code of Canon Law Omnium in mentem Code of Canons of the Eastern Churches Ad tuendam fidem Ex Corde Ecclesiae Indulgentiarum Doctrina Pastor Bonus Pontificalis Domus Universi Dominici gregis Custom
Legal history 1917 Code of Canon Law Corpus Juris Canonici Decretist Regulæ Juris Decretals of Gregory IX Decretalist Decretum Gratiani Extravagantes Liber Septimus Ancient Church Orders Didache The Apostolic Constitutions Canons of the Apostles Collections of ancient canons Collectiones canonum Dionysianae Collectio canonum quadripartita Collectio canonum Quesnelliana Collectio canonum Wigorniensis Other Pseudo-Isidorian Decretals Benedictus Deus (Pius IV) Contractum trinius Defect of Birth
Oriental law Code of Canons of the Eastern Churches Eastern Canonical Reforms of Pius XII Nomocanon Archeparchy Eparchy
Liturgical law Ecclesia Dei Mysterii Paschalis Sacrosanctum Concilium Musicam Sacram Summorum Pontificum Tra le sollecitudini
Sacramental law Canon 844 Ex opere operato Omnium in mentem Valid but illicit Holy Orders Impediment (canon law) Abstemius Clerical celibacy (Catholic Church) Nullity of Sacred Ordination Dimissorial letters Approbation Confession Apostolic Penitentiary Complicit absolution Canon penitentiary Internal forum Paenitentiale Theodori Penitential canons Seal of the Confessional Eucharist Eucharistic discipline Canon 915
Matrimonial law Affinity Banns of Marriage Declaration of Nullity Matrimonial Nullity Trial Reforms of Pope Francis Defender of the Bond Impediments to Marriage Impediment of crime Disparity of Cult Ligamen Matrimonial Dispensation ratum sed non consummatum Natural Marriage Pauline privilege Petrine privilege
Trials and tribunals Tribunals Supreme Tribunal of the Apostolic Signatura Tribunal of the Roman Rota Apostolic Penitentiary Tribunal Officers Judicial Vicar/Officialis Auditor Advocatus Diaboli Defender of the Bond Tribunal Procedure Appeal as from an abuse Presumption
Canonical structures Particular churches Particular churches sui juris Latin Church Eastern Catholic Churches Local particular churches Abbacy nullius Abbot nullius Apostolic vicariate Apostolic vicar Apostolic administration Apostolic administrator Archdiocese Diocese Cathedraticum Archeparchy Eparchy Deanery Vicar forane Military ordinariate Mission sui juris Personal ordinariate Anglicanorum Coetibus Personal Prelature Juridic persons Parish Roman Curia Dicastery Congregation Pontifical council
Jurisprudence Canonical coronation Canonically crowned images Computation of time Custom Delegata potestas non potest delegari Derogation Dispensation Taxa Innocentiana Indult Impediment Interpretation Pontifical Council for Legislative Texts Jurisdiction Peritus Obreption & subreption Obrogation Promulgation Resignation of the Roman Pontiff Sede vacante Vacatio legis Valid but illicit
Philosophy, theology, and fundamental theory Theology Ecclesiology Treatise on Law Determinatio
Law of persons Canonical age Canonical faculties Clerics and public office Clerical celebacy Consecrated life Defect of Birth Emancipation Juridic & physical persons Jus patronatus Laicization (dispensation)
Canonical documents Notary (canon law) Protonotary apostolic Apostolic constitution Canon Concordat Decree Decretal Encyclical Motu proprio Ordinance Papal brief Papal bull Penitential Positive law Rescript
Penal law Canon 1324 Canon 1398 Excommunication Interdict Internal forum Laicization (penal) Latae Sententiae censure
Catholicism portal

Di diritto pontificio is the Italian term for “of pontificial right”. It is given to the ecclesiastical institutions (the religious and secular institutes, societies of apostolic life) either created by the Holy See or approved by it with the formal decree, known by its Latin name, Decretum laudis [“decree of praise”].^[1]

The institutions of pontifical right depend immediately and exclusively on the Vatican in the matters of internal governance and discipline.^[2]

History

Until the 19th Century the religious communities were divided into two groups: regular orders with solemn vows and congregations of simple vows. Only those taking the solemn vows were valued by the Church and the civil authorities.^[3]

In 1215, in the Fourth Lateran Council, Pope Innocent III decreed that no regular orders could be founded without papal approval. The bishops, however, retained the right to form communities whose members lived the religious life without taking formal vows. These groups later took the name of “congregations of simple vows”.^[3]

The congregations of simple vows, especially women’s, were increasing dramatically during the 17th and 18th Centuries, and in the early 19th Century, many of them were seeking papal recognition from Rome. in 1816 the Holy See began to approve the congregations with simple vows but they were still not recognized as religious institutions.^[4]

In 1854 Giuseppe Andrea Bizzarri, the Secretary of the Sacred Congregation for Consultations about Regulars, created on the behalf of Pope Pius IX a procedure for the approval of congregations of simple vows, which was communicated to the bishops in 1861.^[4]

With this new procedure, the distinction was formally made for the creation of an institute, operated by a bishop, and its approval by the Holy See. After its foundation, the institute (i.e., congregation) would have the status "of diocesan right". Under it, it would remain under the protection of the bishops of its diocese, where it was founded, increasing its importance. If the Holy See grants the institute the decretum laudis [decree of approval], the institute would be placed under its direct protection, and the institute would then acquire the status "of pontifical right".^[4]

The distinction between the legal status of an institute of diocesan right and an institute of pontifical right was permanently drawn on 8 December 1900 by Conditae a Christo Ecclesiae [Latin, “Founded by the Church of Christ”], the apostolic constitution of Pope Leo XIII.^[4]

References

Bibliography

• (it) Direttorio canonico per gli istituti religiosi, gli istituti secolari e le società di vita apostolica [Canonical Directory for Religious Institutes, Secular Institutes and Societies of Apostolic Life]. (Cinisello Balsamo, Italy: Edizioni paoline [Pauline Editions], 1988) ISBN 88-215-1618-0.