QUESTUA. – Etymologically, it is the act of seeking; in the generic sense, it means the action of one who goes begging: stipens quotannis emendicare a populo (Suetonius); in the proper sense, it denotes the action of one who goes about in order to collect alms for oneself or for others, chiefly for a pious purpose. In canon law, it indicates the right or privilege enjoyed by certain religious Orders to go and ask for alms for the support of the religious or for the activities of the convent. As a faculty—or right—it is granted by special concession of the Holy See (ex privilegio), but its exercise requires the licence of the Ordinary of the place where alms are to be sought.
The Council of Trent (sess. XXI, chap. 9), with the aim of eliminating abuses that occurred because of alms-questing carried out by religious, attempted to abolish the name and practice of alms-questing. But already under the pontificate of Pius V, especially in view of the fact that such a prohibition caused considerable harm to the Mendicant Orders, it was not desired to deny them the exercise of the right of alms-questing (cf. the constitution of Pius V Etta mendicantes); and the same was reaffirmed in the constitution Exponi nobis of Clement VIII. Under Urban VIII, by the constitution Cum sint, the Conventual Franciscans were granted permission to exercise alms-questing at least in places where they had convents. Decrees and decisions of the Holy See on the matter subsequently continued to be issued. The Sacred Congregation of the Council and that of Bishops and Regulars regulated the matter of alms-questing through several decrees. The last important legislation issued before the Code dates back to Pius X. On 11 November 1908, in fact, the Sacred Congregation of Religious, by special mandate of the Pope, made public a general decree of the Sacred Congregation of Bishops and Regulars, issued on 8 May of the same year, containing certain norms to be observed by religious who sought alms. Prior to this decree, on 27 March 1896, the decree Singulari had been issued for women religious who sought alms.
QUESTUA - QUEVEDO Y VILLEGAS FRANCISCO GÓMEZ
The current legislation, contained in the Code of Canon Law, substantially reproduces, with regard to the manner and regulation of alms-collecting, the norms established in the two aforementioned decrees. By common law, the privilege or right of alms-collecting is enjoyed by regular religious who are mendicants in name and in fact—that is, those who cannot possess immovable property, even as a community, nor have fixed revenues (cf. P. Comm. per l'interpr. autent. del CIC, dated 16 Oct. 1919, in AAS, 11 [1919], p. 476). The exercise of such a right is, however, subject, in the diocesan territory where there is no religious house, to the permission of the Ordinary, who shall grant in writing the licence to collect alms in his diocese; in the territory, on the other hand, where there is at least one religious house, the sole licence of the religious Superior is sufficient (can. 621 § 1), the licence of the diocesan Ordinary being presumed to have already been granted with permission to erect the house (P. Comm. per l'interpr. autent. del CIC, loc. cit.). The diocesan Ordinaries are exhorted by the Code neither to deny nor to revoke the licence, especially when the religious, receiving only scant alms in the diocese where they have their religious house, are compelled to collect alms in the territories of neighbouring dioceses, unless, the Code adds, the Ordinaries are moved to refuse it by urgent and serious reasons (can. 621 § 2). Non-mendicant religious (ali omnes religiosi) may not collect alms unless they have obtained this right ex privilegio speciali directly from the Holy See, if they are religious of Congregations of pontifical right, and the written licence of the Ordinary of the place where they intend to collect alms, if they have not been exempted from requesting it by apostolic privilege (can. 622 § 1); if, however, they are religious of Congregations of diocesan right, only the written licence of the Ordinary of the place where they have their religious house and of the place where they intend to collect alms is required (can. 622 § 2).
The diocesan Ordinaries are nevertheless warned by the CIC not to grant non-mendicant religious a licence to collect alms in their territories if houses of mendicant religious already exist in their dioceses, unless provision cannot otherwise be made for their support (can. 622 § 3). Without a recent and authentic rescript of the S. Congr. for the Oriental Church, the Ordinaries of the Latin Church must never grant permission to collect alms in their territories to Oriental religious of any order or dignity, nor may they permit their subjects to go and collect alms in the territories of the Oriental Church (can. 622 § 4). This prohibition predates the Code: Alexander III had already introduced it with the constitution Alias emanavit, and shortly before the Code of Canon Law the S. Congr. of Propaganda Fide recalled it (cf. AAS, 4 [1911], p. 532). Through can. 623, the CIC, in order to prevent abuses already deplored by the Council of Trent, reminds religious Superiors that they must send only professed religious, already mature in age and spiritual formation, to collect alms; this norm, the Code specifies, must be kept especially in mind with regard to women religious who collect alms. The same can. 623 expressly prohibits religious who are still students from collecting alms.
As regards the discipline and conduct to be observed during alms-collecting, the CIC establishes that the instructions already issued in this matter by the Holy See are to be followed (can. 624), namely, the decree Singulari of 27 March 1896, issued by the S. Congr. of Bishops and Regulars (cf. Acta S. Sedis, 28 [1896], p. 555), and the decree De elemosinis of 21 Nov. 1908 of the S. Congr. of Religious (AAS, 1 [1908], p. 153), which may be summarized as follows: 1) religious must not go separately to collect alms, but at least in twos (bini pro regula questuantes incedant); 2) they are to spend the night at religious houses or at pious houses, such as rectories; 3) on the days of alms-collecting they must not neglect exercises of piety and, above all, receiving the Sacraments; 4) they must not remain absent from their own religious house for more than one month when collecting alms in the diocesan territory where they have their house, and for no more than two months when outside it; 5) even during the period of alms-collecting they are to cultivate the virtues, be an example, and keep away from spiritual dangers.
The Ordinaries must supervise religious who collect alms and, if they notice shortcomings, must take steps to remedy them, either directly or through the Superiors of the religious themselves.