Ad Honorem Immaculatae Conceptionis Mariae Oblatio

42 occurred separately, they might not have led to the birth of a new tradition, but their combined impact produced a new outlook on the origin of the Congregation. The first and basic factor or the a-historical legal structures While reading various papers of the Marians about the Congregation’s beginning, one cannot shake off the impression that the authors apply their contemporary legal norms to the 300-years-old events, silently assuming that Church law and practices have not changed since. As a particular man- ifestation of such an a-historical approach comes the belief that only an ec- clesial authority could raise a congregation to life, while the same authority had to issue a written document confirming the fact of the establishment of the new institute. No doubt, this view is correct when applied to congre- gations emerging in the 20 th Century. However, it seems that this rule was not always observed in the past. According to today’s practice and standing law, only a diocesan bishop is entitled to establish religious institutes. The Code of 1983 clearly states: Diocesan bishops, each in his own territory, can erect institutes of consecrated life by formal decree, provided that the Apostolic See has been consulted (can. 579). It clearly transpires from that canon that a diocesan bishop may raise a congregation into existence, but he must previously have obtained the positive opinion of the Holy See and also issue a formal written installation decree. A similar norm in the 1917 Code was formulated even more strictly: A religious congregation may be founded [only] by a [diocesan] bishop, but not by a chapter vicar or a vicar general; however, the bishop should not found nor allow the founding with- out consulting the Holy See. 16 However, should anyone inquire about the sources of this legal norm and the time of its creation, it would transpire that its only source are 19 th -Century papal decrees. Prior to that, the prac- tice of founding congregations was not legally regulated and the Church knew a wide diversity in this aspect. 17 A certain image of the richness of the Church’s life in the aspect of rais- ing new congregations to life is reflected in the following event from the life of the Congregation for Religious Orders, related by J. Torres: The follow- ing year (1922) the Congregation issued a general decree regarding religious 16 Episcopi, non autem Vicarius Capitularis vel Vicarius Generalis, condere possunt Con- gregationes religiosas; sed eas ne condat neve condi sinant, inconsulta Sede Apostolica; begin- ning of can. 492, 1, CCL of 1917. 17 Por. G. Lesage, L’ accésion des Congregations à l’êtat religieux canonique, Ottawa 1952.