Our Lady of the Pearl
Secular Franciscan Fraternity
Pearlington, Mississippi

"We adore you, O Christ, and
we praise you.
Because by your holy cross,
you have redeemed the world."
Saint Francis of Assisi

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ourlady@ourladyofthepearl.com

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ALTIUS MODERAMEN

The purpose of the altius moderamen is to guarantee the fidelity of the SFO to the Franciscan charism, communion with the Church and union with the Franciscan family.  Arising out of this, it is the duty of the provincial minister to establish, canonically, new local fraternities and guarantee them spiritual assistance.

Can. 312 §1 states that the authority competent to erect public associations is the Holy See for universal and international associations.  The Secular Franciscan Order is an international association in the Church.  The spiritual and pastoral care of the SFO has been given by the Church to the Franciscan First Order and the TOR. The altius moderamen, of which Canon 303 speaks, belongs to them.  See also Can. 305 §1. 

The following is quoted from Koinonia, a publication by the Conference of General Assistants to the SFO, 2006-1, Year 13, n. 49.  It may be found here along with the footnotes: (http://www.ciofs.org/Koinonia/bka6en01.pdf).

3. The basis

There are three elements at the basis of the spiritual and pastoral assistance to the SFO. First, it is based on “belonging to the same spiritual family”, on the basis of their common origin and charism5. Secondly, the mission which all are called to carry out, although “in different ways and forms”, that is, “to make present the charism of their common Seraphic Father in the life and mission of the Church and of society”6. Thirdly, the kind of relationship which must characterise them, because everything has to be lived and carried out “in life-giving union with each other”7 since “the SFO has particular and close relations to the First Order and the TOR”8.

These three elements are the basis on which the Church has entrusted the “spiritual and pastoral care of the SFO” to the First Order and TOR. This care is carried out in a double service:

- the fraternal office of the altius moderamen on the part of the major Superiors;

- and the spiritual assistance to the Fraternities and their Councils.

4. The altius moderamen and its purpose

What is the altius moderamen? Altius moderamen is a Latin juridical expression9 found in canon

303 of the Code of Canon Law (CIC): “Associations whose members live in the world but share in the spirit of some religious institute, under the overall direction of the same institute, and who lead an apostolic life and strive for Christian perfection, are known as third orders, or are called by some other suitable title”10.

The juridical relationship between a religious institute and the association of faithful called a third order (or other suitable title) with which it shares a spirituality is called altius moderamen or “higher direction”11. The juridical relationship of the altius moderamen existing between the First Order, TOR and SFO, in contrast to other associations of faithful and of other religious institutes, has its own characteristics (because of what we have already said)12 in virtue of the apostolic privilege granted by the Church to the SFO13. This privilege directly commits the First Order and the TOR.  In what way? Let us go from the general to the particular. Can. 305 submits all the Associations of faithful to the “supervision of the competent ecclesiastical authority, which is to ensure that integrity of faith and morals is maintained in them and that abuses in ecclesiastical discipline do not creep in. The competent authority, therefore, has the duty and the right to visit these associations..." Can. 312 § 1 defines who the competent ecclesiastical authority is: for the SFO, as an “international public association in the Church”14, it is the Holy See. For the apostolic privilege, the competence, to which can. 305 refers, is exercised by the Major Superiors of the First Order and TOR. What does the particular legislation say? The SFO General Constitutions, corresponding exactly to the CIC, say:

The purpose of the altius moderamen is to guarantee the fidelity of the SFO to the Franciscan charism, communion with the Church and union with the Franciscan family 15.

It is a question of a triple fidelity16 which is important not to ignore. On the other hand, it must not be forgotten that the altius moderamen is “a fraternal service”, which, together with spiritual assistance to the fraternities and their Councils, constitutes a double service which “completes but does not substitute for the secular councils and ministers whose responsibility it is to guide, coordinate, and animate the fraternities at the various levels"17.