ANALYSIS: The Canonical Background of the Situation of the Arlington Carmel BY SISTER GABRIELA OF THE INCARNATION, O.C.D. = MAY 7, 2024

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“I have a question for you. If someone on the outside appoints a superior for your Carmel, without the knowledge or consent of any of the nuns, how would this go down?”

Over the past year, there have been various articles and comments concerning the situation of the Carmelite Monastery in Arlington, Texas. Since those of us who are not directly involved in the situation only “know” what is reported in various sites, it is virtually impossible to form any clear idea of what is involved.

However, the Arlington Carmel did not come into existence only during the past year, and it has more of a background than has been presented in recent articles. It was officially established on Oct. 2, 1958, in Fort Worth, Texas. In 1984, the monastery moved to Arlington, and in 2008, they celebrated “the 50th Anniversary of our Foundation. May God be praised for His blessings to us during these may years in the Diocese of Fort Worth.”

Canonically, each Carmelite monastery is under either the jurisdiction of the Order of Discalced Carmelites, or under the jurisdiction of the local ordinary. The “local ordinary” is the bishop in whose diocese the monastery is established. In order to make a foundation, a Carmel needs, among other things, the permission of the local ordinary. According to the Official Catholic Directory, the Arlington Carmel is established in the Diocese of Fort Worth, Texas, and the bishop of Fort Worth is the “local ordinary.”

Historically, most Discalced Carmelite monasteries in the United States are under the jurisdiction of the bishop in whose diocese they are established. The United States of America came into existence on July 4th, 1776, with the 13 original states. The Discalced Carmelite Nuns were the first institute of religious women to make an establishment in the original states, arriving in New York on July 2nd, 1790 and then establishing the first American Carmel at Port Tobacco, Maryland. There were no Carmelite Friars in the USA at that time, and the Carmel was entrusted to the vigilance of the local bishop. Over the next 200 years, Carmels were founded from various places around the globe. There are now some 50 Discalced Carmelite Monasteries of Nuns in the United States.

The physical history of the various Carmels forms a fascinating account, with Carmels coming to the USA primarily from Europe, but also from Mexico because of the persecution of the Catholic Church that arose there at various times.

The canonical history, especially since Vatican II, is more to the point in the present situation. The Second Vatican Council demanded that religious institutes return to the original charism of their founders and foundresses and update their constitutions accordingly. Various “barnacles” had adhered over time to the original inspiration and with the sanction of “custom” were considered to be part of the original charism. For example, the Constitutions of Alcala were approved in March 13, 1581, shortly before St. Teresa’s death. These Constitutions include the article mandating the “black fast,” i.e. abstinence from eggs and dairy products, during certain days and periods of the year. (The Nuns already abstain from meat except in need of necessity, for this is prescribed in the Rule of St. Albert, which dates from ~ 1208). Teresa did not want this prescription for the “black fast” in the Constitutions; it had been added by the Dominican Padre Fray Pedro Fernandez and she was unable to remove it (See letter #376 to Padre Jeronimo Gracian). Returning to her original inspiration would certainly bring up the question of whether the “black fast” was part of her original inspiration.

There are other “barnacles” that had adhered to the life of the Carmelite Nuns. A Passionist priest, a good friend of ours, visited a Carmel in Spain and had a meeting in the speakroom with all the community. He noticed that whenever a nun wanted to say something in the conversation, she slipped off her stool and knelt on the floor and then sat back down on her stool when she had finished speaking. He had visited a number of Carmels in different countries and had never witnessed this custom. He inquired about it and was told that it dated back to the time of the Foundress, St. Teresa of Jesus. Later, he had the opportunity to talk privately with one of the older nuns, who told him that it was the previous prioress who had introduced that custom.

My favorite “barnacle” concerns the Friars. It was the custom, at the end of the day, for one of the novices to escort the Father General up to his room carrying a lighted candle. This was an excellent precaution in the 16th, 17th, and 18th centuries, but in the 20th century, the novice had to make sure that, besides extinguishing the candle, that he also turn off the electric lights!

Updating the Constitutions of the Discalced Carmelite Nuns proved to be an arduous procedure, and it was soon clear that no single text would be approved by all the Carmels. On December 8, 1990, Pope St. John Paul II approved the text of what came to be known as the 1990 Constitutions, and on September 17, 1991, he also approved the text known as the 1991 Constitutions. The Discalced Carmelite Nuns thus had two approved and valid texts of Constitutions.

My Community immediately chose the 1990 Constitutions, without even studying them. However, some years later, we found that the 1990 Constitutions omitted the first article of the Constitutions of Alcala: that the Nuns are subject to the “Most reverend Father General of the Order and the Provincial of the province of the Discalced Carmelite Friars.” (You can find a copy of both sets of Constitutions here.) When we realized that, since we want to follow St. Teresa’s desire that the Friars and the Nuns constitute one family, we took various steps, and on March 3, 2013, we changed over to the 1991 Constitutions, and on March 4, 2022, we changed from being under the local ordinary, the bishop of Metuchen, to being under the jurisdiction of the Order. We have now come home as Teresa wanted.

The Arlington Carmel took a rather different route. To the best of my knowledge, they were never under the Order, but had always been under the bishop. They had chosen the 1991 Constitutions, but in 2020, they changed over to the 1990 Constitutions, (cf. and email exchange with various members of the Order), thus severing all juridical bonds with the Order. Also as of 2020, they applied to join the newly established Christ the King Association and were accepted. With those steps, their present situation, canonically speaking, is of their own choosing. They are under the bishop, with the 1990 Constitutions, and a member of the Christ the King Association.

Every Carmelite Nun pronounces the three vows of religion: poverty, chastity and obedience. Those in temporary profession, pronounce these vows for a specific period of time, usually for three years, and those who request it and who are admitted to solemn profession, pronounce them “until death.” The formulas of profession are to be found in chapter XVIII of the 1990 Constitutions, #132. The profession for solemn vows is  this: “I, Sister N. of N. (giving her religious name and her title, i.e. Sr. Gabriela of the Incarnation) make my solemn profession and I promise obedience, chastity and poverty to God our Lord, to the Most Blessed Virgin Mary of Mount Carmel and to you, Reverend Mother Prioress and to your successors, according to the primitive Rule of the Order of Discalced Carmelites and our Constitutions, until death.” Please note the last part of the vow: “according to the primitive Rule of the Order of Discalced Carmelites and our Constitutions.” “Our Constitutions,” for the Arlington Carmel, are the 1990 Constitutions.

A study of the 1990 Constitutions shows the place of the local ordinary in his vigilance over the life of the Nuns. At the end of the 1990 Constitutions, there is an Analytical Index, which lists the articles pertaining to various subjects. There are two entries concerning the bishop:

BISHOP: Monasteries entrusted to his vigilance: 133, 138, 140, 253, 255. See ORDINARY, LOCAL.

And

ORDINARY, LOCAL: Is to defend the autonomy of the monasteries: 135; presides at the election of the Prioress: 148; carries out the visit: 155; can be informed about the observance, the discipline of the monastery and the cloister: 156; gives the habitual consent for the departures of the cloister that the Prioress can authorize: 226; for other departures: 229, 230; to invest capital: 162; once a year he will be shown the account book: 49; can enter the cloister for a just reason safeguarding what is determined in the Constitutions: 235-b; is to be informed about the transfer of a nun to another Institute: 241-c; exclaustrated religious: 246; care and vigilance of to him belongs the confirmation of an indult of departure for a religious of temporary vows: 249.

Defending the “autonomy” means making sure that the monastery has the necessary qualities for being “autonomous, that is, for being self-governing (cf. Cor orans #6, #15ff, especially #18). “Autonomous” does not mean “independent.”  It means that the community has enough nuns in solemn profession for a valid Chapter (the minimum is six solemnly professed nuns), that it has adequate personnel within the community for government, formation and finances, without needing anyone from outside to come in and manage those areas. Finally, it means that the community is financially stable. Each year, the prioress sends to the bishop the financial report for the past year (#49). She also sends him the yearly requests for permission for necessary persons to come inside the enclosure (workmen and healthcare workers, for example), and for the nuns to leave the enclosure for necessary reasons (doctors’ visits, bank transactions, etc.) (#226) You will also notice that the bishop carries out the “visit.” This is the regular visitation of the community to make sure that all is going well (#155).

An important point is #156: the actual text is “The Visitator (i.e. the bishop or the person officially delegated by him to carry out the visitation) has the right to be informed regarding the observance of the norms of the Church which concern contemplative life, religious discipline and the manner in which the norms referring to papal enclosure are observed.” Papal enclosure extends not only to the doors and walls and grates, but also to the means of communication (cf. #236-237) Therefore the use of the means of communication falls under the vigilance of the bishop.

Also, the local ordinary can enter the enclosure “for a just cause, and safeguarding what is determined in these Constitutions.” (#235 b)

The local ordinary is not the superior of the monastery. He can exercise his authority only according to the articles of the Constitutions. The immediate superior of the monastery is the Holy See:

As regards their juridical condition, our monasteries, conserving spiritual unity with the entire Order, have no other major superior above the Prioress, except the Holy See, nor are they associated with the Discalced Brothers in such wise that the Superior General should have any power over them whatsoever. Consequently, they are entrusted to the vigilance of the diocesan Bishop according to the norm of law. (Cf. Can. 615)

134 These monasteries, erected by a formal decree of the Apostolic See, are of Pontifical Right and depend immediately on the same in regards to internal governance and discipline. (Cf. Cans. 589, 593 and 609)

This does not mean that above the Prioress there is only Pope Francis. The “Holy See” refers to the episcopal jurisdiction of the Catholic Church and includes the Dicasteries. Since the Arlington Carmel is a religious institute of consecrated life, it depends on the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life as its immediate superior.

It is therefore clear that the chain of authority runs through the local ordinary according to what is laid down in the Constitutions, and the various Dicasteries, especially the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life.

A question addressed to me on SmartCatholics is quoted at the beginning of this article: “I have a question for you. If someone on the outside appoints a superior for your Carmel, without the knowledge or consent of any of the nuns, how would this go down?”

I requested a further clarification: “Please define what you mean by ‘on the outside’? Do you mean like the USCCB?” The reply was “Yes or even the local ordinary or the Vatican. Can this be done without even talking to the community?”

As is clear from a study of the 1990 Constitutions, the USCCB has no authority over the life of the nuns, unless it is authorized by the Dicastery for Consecrated Life, which, as a department of the Holy See, has supreme jurisdiction over Carmels under the jurisdiction of the bishop. The Dicastery can even change the Constitutions (cf. #258 a-b). Moreover, the local bishop does have considerable authority given him by the Constitutions, and, since the Arlington Carmel requested to join the Christ the King Association, and their request was approved, they are bound by the Statutes of that Association. All this by their own choice.

If by some accident, their statutes as a non-profit corporation contradicts in some way their Constitutions, they nevertheless have bound themselves by their vows to follow the Constitutions.

In my Community, we have a great veneration for our vows. When we die, we are buried with them in our hands. Since I entered in 1979, we have always renewed our vows as a Community on September 14, the Exaltation of the Holy Cross. This is a common Carmelite custom. We also renewed them on the Solemnity of the Epiphany. Since we changed over to the 1991 Constitutions, we continue to renew them on those dates, but we also renew them on Divine Mercy Sunday. This shows how important we consider our vows for they unite us to God.

 

Sister Gabriela of the Incarnation, O.C.D. 

Sr. Gabriela of the Incarnation, O.C.D. (Sr. Gabriela Hicks) was born in the Sierra Nevada Mountains, in the Gold Rush country of California, which she remembers as heaven on earth for a child! She lived a number of years in Europe, and then entered the Discalced Carmelite Monastery in Flemington, New Jersey, where she has been a member for forty years. www.flemingtoncarmel.org.

 

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I have no questions that the Dicastery has acted in good faith, however, what I do not understand is the same office has not responded to the request of the Nuns regarding the Bishop who have repeated violated the privacy of the nuns and has abused them.  

The decree has stated that his role as Pontifical Commissary has ended yet, he will be working closely with the Association president and I quote: 

"I will work closely with her, providing counsel, resources, and support as needed. As is my responsibility as the local bishop of the nuns under canon law and the Rule and Constitutions of the Carmelite Order, I will oversee at the appropriate time the election of new leadership of the Arlington Carmel given the expiry on January 8, 2024, of Mother Teresa Agnes’ term as Prioress, as well as the terms of the offices of subprioress and councillors."

I find this contradictory and confusing - a conflict of interest.

For me, it should be the Dicastery should direct the Association President; The Holy See through the Dicastery should provide resources, counsel and support to the Association President.  

How can be this Bishop be objective when he is the one who started persecuting and abusing the Nuns?

 

 

 

Edited May 18 by graciandelamadrededios