CARDINAL PROTECTOR — A cardinal who, at the request of a religious society, is appointed by the Roman Pontiff as its helper, adviser, and moral assistant.
I. HISTORY
Although the institution of the p. may have some connection with the Roman protectores and with the defensores or protectores of ecclesiastical history in the 8th–10th centuries (Moroni, LV, col. 317), its origin, in its specific modern sense, is owed to s. Francesco, who, between 1220 and 1221, asked for and obtained from Pope Onorius III Cardinal Ugolino as the “shepherd” of the entire Franciscan movement. The Saint imposed in the Rule the requirement of asking for a cardinal who would be gubernator, protector et corrector of the brotherhood he had founded.The institution was extended to other mendicant and monastic religious orders as well; indeed, in the latter, almost every monastery came to have its own cardinal protector. The principal purpose was to have an advocate in controversies and affairs before the Pope, as well as a wise adviser in governance. Unfortunately, however, abuses soon became apparent, both on the part of the protectors, who wished to interfere excessively in the actual government of the societies they protected, and on the part of their subjects, who entrenched themselves behind the name and authority of the protector in order to refuse obedience to their own superiors. Gregory XI, with the bull Cunctos Christifideles of 25 May 1373 (Bullarium Romanum, IV, Turin 1859, p. 562), put an end to these abuses and more precisely defined the proper functions of the cardinal protector, which nevertheless remained highly significant: presiding over Chapters, electing the procurator and the apostolic syndic, dividing the provinces, interpreting the law, confirming the acts of the Chapter, etc.
It was only the bull of Innocent XII, Christifidelium, of 16 February 1694 (Bullarium Romanum, p. 594), that established firm legislation on the subject. The Innocentian bull addresses all cardinal protectors, and not only that of the Friars Minor; it entirely removes from the protector any authority to interfere in the cases of individual members of the protected society, and finally deprives him of all direct jurisdiction, leaving him only moral authority. The provisions of Innocent were subsequently confirmed by Clement XI, in a letter of 9 May 1715, and the Innocentian bull may be regarded as the immediate source of the current discipline of can. 499. In the historical development of congregations with simple vows, the institution of the cardinal protector has no importance for male congregations, whereas in the case of female congregations there was an almost complete return to the ancient practice of absolute interference. This was due to the Roman Curia’s opposition to the centralization of female congregations with houses in many dioceses, dependent upon a superior general from another diocese. Since, however, such institutions had in fact multiplied and spread throughout every part of the world during the 18th and 19th centuries, it was deemed necessary to entrust the institution to a supreme and irreproachable director, the cardinal protector. In this respect, he was of great benefit to the development of female congregations, since he served to endorse the universal and centralized governance of the new institutions. When the feared inconveniences failed to materialize, and the need for a central government became increasingly evident, the functions of the cardinal protector were once again reduced to the limits established by the bull of Innocent XII. The change was not brought about by a single explicit act, but by the corrections that the S. Congr. of Bishops and Regulars made to the Constitutions before granting approval.
II. CURRENT DISCIPLINE
Can. 499 § 2 summarizes the entire current legislation by establishing that the cardinal protector, unless the constitutions expressly prescribe otherwise, has no jurisdiction and must exercise no interference whatsoever in the internal discipline or administration of the religious institute or of its individual members, but promotes its welfare through his counsel and patronage. To fulfill this task, the CIC and the practice of the Roman Curia grant the cardinal protector the right to maintain free correspondence with individual religious, without the superiors’ being permitted to read letters sent by the protector or addressed to him; the forwarding and execution of certain rescripts, etc. At times the cardinal protector is asked for his opinion on a particular matter; at other times it is permitted that he preside over the election of the Superior General in place of the Ordinary of the place, who would have this right under can. 506 § 6. Exceptionally, and by delegation, he may have greater powers, such as those of visitation, correction, etc.Ordinarily, the appointment is made by the Secretariat of State of His Holiness, either in the form of a simple note or by apostolic letters in the form of a Brief. Petitions to obtain a cardinal protector may be addressed to the Sacred Congregation of Religious, which forwards them officially to the Secretariat of State; the latter, having obtained the cardinal’s prior consent, submits the name to the Supreme Pontiff, who decrees the appointment.
Ordinarily, the cardinal protector is granted only to religious institutes of pontifical right. Some societies have the Pope himself as their natural protector.