Title XV: Of Departure from Religion

One professed with temporary vows, when the time of vows has been completed, can freely leave the religion; likewise the religion, for just and reasonable causes, can exclude the same from renewing temporary vows or from emitting perpetual profession, not however by reason of illness, unless it is certainly proved that it had been deceitfully kept back or concealed before profession.

An indult of remaining outside the cloisters, whether temporary, that is, an indult of exclaustration, or perpetual, that is, an indult of secularization, the Apostolic See alone can give in religions of pontifical right; in religions of diocesan right, also the local Ordinary.

One who has obtained an indult of exclaustration from the Apostolic See remains bound by the vows and other obligations of his profession which can be reconciled with his state; nevertheless he must lay aside the external form of the religious habit; while the time of the indult endures he lacks active and passive voice, but enjoys the merely spiritual privileges of his religion, and is subject to the Ordinary of the territory where he dwells, in place of the Superiors of his own religion, also by reason of the vow of obedience.

§ 1. One who, having obtained an indult of secularization, leaves the religion:

1° Is separated from his religion, must lay aside the external form of its habit, and in Mass and canonical hours, in the use and dispensation of the Sacraments, is assimilated to seculars.

2° Freed from vows, he remains, with the burdens attached to a major order remaining firm, if he has been in sacred orders; he is not held by the obligation of reciting canonical hours by force of profession, nor is he bound by other rules and constitutions.

§ 2. If by apostolic indult he is again received into the religion, he renews the novitiate and profession and obtains a place among the professed from the day of the new profession.

§ 1. If a religious constituted in sacred orders has not lost his own diocese according to the norm of can. 585, he must, the vows not having been renewed or an indult of secularization having been obtained, return to his own diocese and be received by his own Ordinary; if he has lost it, he cannot exercise sacred orders outside the religion until he has found a Bishop who is a benevolent receiver, or the Apostolic See has provided otherwise.

§ 2. A Bishop can receive a religious either purely and simply or experimentally for a triennium: in the former case the religious is by that very fact incardinated in the diocese; in the latter, the Bishop can prolong the time of probation, yet not beyond another triennium; after this also has elapsed, the religious, unless he has earlier been dismissed, remains by that very fact incardinated in the diocese.

§ 1. Any professed person who has returned to the world, although he is able, according to the norm of can. 641, to exercise sacred orders, is nevertheless prohibited without a new and special indult of the Holy See:

1° From any benefice in major or minor basilicas, and in cathedral churches.

2° From any teaching office and office in major and minor Seminaries or colleges in which clerics are educated, and likewise in Universities and Institutes which enjoy the apostolic privilege of conferring academic degrees.

3° From any office or function in episcopal Curias and in religious houses, whether of men or of women, even if there is question of diocesan Congregations.

§ 2. These things hold also concerning those who emitted temporary vows, or an oath of perseverance, or certain peculiar promises according to the norm of their constitutions, and were dispensed from the same, if they had been bound by them for six full years.

§ 1. Those who depart from a religion, after the time of temporary vows has been completed or an indult of secularization obtained, or who have been dismissed from the same, can reclaim nothing on account of any work performed for the religion.

§ 2. If, however, a religious woman was received without dowry and cannot provide for herself from her own goods, the religion must from charity give her those things which are required so that she may return home in a safe and suitable manner, and provide that, with natural equity preserved, she may be able to live honorably for some time, to be determined by mutual consent or, in case of disagreement, by the local Ordinary.

§ 1. An apostate from religion is called one professed with perpetual vows, whether solemn or simple, who illegitimately goes out from a religious house with the intention of not returning, or who, although he went out legitimately, does not return with the intention that he may withdraw himself from religious obedience.

§ 2. The malicious intention of which in Sec. 1 is presumed by law if the religious has neither returned within a month nor manifested to the Superior an intention of returning.

§ 3. A fugitive is one who, without permission of Superiors, leaves a religious house with the intention of returning to the religion.

§ 1. An apostate and a fugitive are by no means released from the obligation of rule and vows and must return without delay to the religion.

§ 2. Superiors must solicitously seek them, and receive them if, moved by true repentance, they return; but the local Ordinary is cautiously to care for the return of an apostate or fugitive nun, and, if there is question of an exempt monastery, also the regular Superior.