Chapter — 1917 Code of Canon Law

Chapter I: Of the Dismissal of Religious Who Have Pronounced Temporary Vows

Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.

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Can. 647.

§ 1. A professed person with temporary vows, whether in Orders or in Congregations of pontifical right, can be dismissed by the supreme Moderator of the religion or the Abbot of a monastery sui iuris with the consent of each one's Council manifested by secret votes, or, if there is question of nuns, by the local Ordinary and, if the monastery is subject to regulars, the regular Superior, after the Abbess of the monastery with her Council has made attestation concerning the causes in writing; in Congregations of diocesan right, however, by the local Ordinary in whose place the religious house is situated, who nevertheless is not to use his right when Moderators are unaware or justly dissent.

§ 2. All these, their conscience being gravely burdened, cannot dismiss a religious unless those things which follow have been observed:

1° The causes of dismissal must be grave.

2° They can lie either on the part of the religion or on the part of the religious. Defect of religious spirit which is a scandal to others is a sufficient cause of dismissal if repeated admonition together with salutary penance has come to nothing, but not poor health, unless it is certainly clear that it had been deceitfully kept back or concealed before profession.

3° Although they must be certainly known to the dismissing Superior, nevertheless it is not necessary that they be proved by a formal trial. But they must always be manifested to the religious, with full permission of responding given to the same; and his responses are to be faithfully submitted to the dismissing Superior.

4° Against a decree of dismissal the religious has the faculty of recourse to the Apostolic See; and while recourse is pending, the dismissal has no juridic effect.

5° If there is question of women, the prescription of can. 643, Sec. 2 must be observed.

1983 Code correlation: can. 696, 698, 700, 702

Cited by 10 passages

Can. 648.

A religious dismissed according to the norm of can. 647 is by that very fact released from all religious vows, with the burdens attached to a major order preserved if he is in sacred orders, and with the prescription of can. 641, Sec. 1, 642 remaining firm; moreover a cleric constituted in minor orders is by that very fact reduced to the lay state.

1983 Code correlation: can. 693, 701

Cited by 7 passages