top of page
New Coat of Arms_edited_edited.png

Our Status Canonically

back 1, 2, 3

​The Marian Friars Minor, having felt the urging “of the Love of Christ[1], strive in common effort toward the way of life of that “meek and docile Religion of the Friars Minor, rooted in poverty and humility by the kind confessor of Christ, Francis[2] and modeled “on the norm of the Gospel as exemplified by Christ the Lord”, and which for eight-hundred years “brought extraordinary splendor and good to their own Order and to all Christendom[3]

​​

The “Marian Friars Minor” exist as a Private Association of the Christian Faithful “By means of a private agreement” (Canon 299) for the “pursuit of Perfect Charity through the evangelical counsels” (Perfectae Caritatis n. 1) following the Rule of St. Francis of the First Order, as confirmed by Holy Church, and as it was authentically and soundly observed by the sons of St. Francis for those eight-hundred years. This they do following the instruction of Holy Mother Church, which precisely teaches that the life of Grace is fruitful and “in a very special way appears in the practice of the counsels, customarily called ‘evangelical.’”; further expressing that “This practice of the counsels, under the impulsion of the Holy Spirit, undertaken by many Christians, either privately or in a Church-approved condition or state of life, gives and must give in the world an outstanding witness and example of this same holiness.” (Lumen Gentium n. 39)

It is for this purpose that we formed this pious Association according to the intention and mind of the Church, which says in the 1983 Code of Canon Law:

Canon 210 "All the Christian faithful must direct their efforts to lead a holy life and to promote the growth of the Church and its continual sanctification, according to their own condition.

Canon 215 "The Christian faithful are at liberty freely to found and direct associations for purposes of charity or piety or for the promotion of the Christian vocation in the world and to hold meetings for the common pursuit of these purposes.[4]

Canon 298 §1. "In the Church there are associations distinct from institutes of consecrated life and societies of apostolic life; in these associations the Christian faithful, whether clerics, lay persons, or clerics and lay persons together, strive in a common endeavor to foster a more perfect life, to promote public worship or Christian doctrine, or to exercise other works of the apostolate such as initiatives of evangelization, works of piety or charity, and those which animate the temporal order with a Christian spirit.

Canon 299 §1. "By means of a private agreement made among themselves, the Christian faithful are free to establish associations to pursue the purposes mentioned in can. 298, §1, without prejudice to the prescript of can. 301, §1.

Therefore, it must be understood that “…every association of the faithful is not necessarily erected, praised, or commended and that de facto associations can exist… (420) [and] a de facto association is neither irregular nor illegal (403).” (from the New Commentary of the Code of Canon Law, CLSA )

However, within the last year, a public statement was released by the Roman Bishop of Charlotte Diocese, which unfortunately details misleading information about our Status, and seems to be causing much confusion among Bishops, Pastors and Faithful alike, and rightly so, as it states that we “have moved to our [Charlotte] diocese and are functioning without the permission of the Diocese of Charlotte”.

We make clear here that the members of the Marian Friars Minor moved to Western North Carolina in June of 2022, and still remain here now, at the invitation of the Ukrainian-Greek Catholic Church, under the paternal guidance of the Very Reverend Abbot Damian Higgins of Holy Transfiguration Monastery in Redwood Valley, CA, to whom the property belongs, causing the place of our residence to fall under the jurisdiction of the Catholic Eparchy of St. Nicholas, Chicago. Since that time, we have been actively discerning our vocations to the perfection of Christian Life in imitation of St. Francis within their Catholic Church.

Within the last year, this discernment process has been strongly resisted on the part of some in the Roman Church, for seemingly inexplicable reasons. Because of the delicate nature of this, we have found it more prudent to remain silent until now, allowing things to play out between the higher authorities. For this reason, we now write publicly, merely wishing to briefly state the canonical status, intent, and purpose of the Marian Friars Minor.

​We invite all to judge this tree by its fruits (Mt. 7:15-20). We are sons of the Church, promising “obedience and reverence to the Lord Pope Honorius and his successors canonically elected” (Leo XIV) [5], in all things Catholic, and are striving to do what we believe God has put on our hearts, seeking to consecrate ourselves to God in a holy form of religion that seldom can be found today in its authentic observance. Franciscanism is not true if it is not under the authority of the Church, but how does one arrive at a “canonical recognition” in our present day if one seeks to establish an authentic observance of such a great religious form of life?

We have been assured by multiple experts in Religious Canon Law including from a Diocesan perspective, that our current status as a “de facto” Private Association of the Faithful is indeed the proper way to seek this, since it is “neither irregular nor illegal.” (as cited above) In fact, the Canon Law Society of America’s Procedural Handbook for Institutes of Consecrated Life explicitly affirms that any new community of Religious Life must begin as a Private Association, saying:

“There are four major steps in the procedure from the original inspiration of a Founder to the final possible step of Pontifical Recognition: 1) INSPIRATION, 2) ASSOCIATION, 3) DIOCESAN ERECTION, AND 4) PONTIFICAL RECOGNITION” (CLSA Procedural Handbook for Institutes of Consecrated Life 2001., page 31)

Further explaining that in the inception of a community such as ours:

...a new institute begins without formality…In the past, a new institute at this stage was referred to as a Pious Union. In the [current] code, this reality is called an “association of the faithful.” From canon 579, this stage is not obvious but the practice is not new. For a new institute, this is the time of growth, of clarification of its identity and of proof of its stability and authenticity. It is the time for developing its statutes or constitutions.” (ibid., page 36)

 

However, as you can see, even though we are following the common procedures of the Church, the resistance is great, even before we’ve come into formal existence.

Therefore, so as not to engender confusion, the Marian Friars Minor seeks to make clear that our Association does not publicly represent nor is seeking to present itself as representing the local Diocese of Charlotte or any of the major branches of the Franciscan Order or any other ecclesiastical entity. Any spiritual advice, conferences, talks, etc, are done in virtue of the Spiritual Works of Mercy to which we are all called. 

We publish this in hopes of reassuring you of our good intentions; but again, the proof should be in our work, in our message promoted in our talks and conferences, and in our actions. Our main intent and purpose for this statement is to try and repair, as much as possible, our good name, which has been and is being greatly defamed by this unfortunate confusion.

back 4
back 5
citation 1

citations:

[1] 2 Corinthians 5:14

[2] Pope Nicholas III Exiit Qui Seminat, n. 2

[3] Pope Pius XII to the Order of Friars Minor 1953

[4]  This Canon is founded on the previous response of the Holy See titled “Corrienten” in A.A.S. 13, which says: “Indeed, whenever a question of faith and morals arises, it is evident that any faithful person or association is subject to the authority of the Church. However, this does not mean that the association must necessarily be subject to the Ordinary in all respects, such as existence, constitution or organization, statutes, activities, and internal governance. The Sacred Congregation clearly distinguishes these pious societies and social works from ecclesiastical sodalities or associations, which exist through the erection by the Church and thereby acquire a juridical personality within the Church. In fact, it can truly be said that just as individual faithful are subject to the jurisdiction of the Bishop, they remain subject to this jurisdiction when they unite in societies. Although the Bishop cannot direct the society by his jurisdiction alone, as he does with properly ecclesiastical societies and confraternities, he nevertheless has the right and obligation to oversee that no abuses arise and that the faithful do not incur spiritual ruin through the occasion of these societies (cf. 1917 Code of Canon Law, can. 336 § 2).” (A.A.S. [13] p. 135-144)”

[5] Rule of St. Francis, Ch. I

citation 2
citation 3
citation 4
citation 5
bottom of page