Chapter X — On the noviceship of Regulars

I. Before young men profess a Religion with solemn rite, they ought for an entire year to wear the habit of Religion openly. But this reception of the religious garment must needs be free and not forced. Those who compel girls to this reception sin mortally, and contract excommunication, as Trent, session 25, chapter 18, established. But those who compel male youths by threats sin mortally, but do not incur excommunication. Youths who having been compelled had performed their noviceship, if they freely emitted profession, the noviceship would have been valid. The year of this noviceship ought to be entire, as Trent, session 25, chapter 15, prescribes, continuous and not interrupted. He who for a day should lay aside the habit, or go out of the cloister with the mind of not returning, although after a day he returned, would be said to have interrupted the noviceship; otherwise if for some hours he laid it aside without going out of the monastery.

II. Unfit for this noviceship by the right of nature are the decrepit, the demented, those habitually infirm with a grave disease, slaves truly such with their master resisting, spouses after matrimony consummated without mutual consent, and the professed of another Order without the licence of superiors. By positive right there cannot be received bishops and archbishops, who without the express faculty of the Supreme Pontiff cannot profess a regular Religion. But the rest of ecclesiastics are altogether free, even those assigned to the care of souls, to profess the regular life.

III. The Supreme Pontiffs have published several constitutions in which they determine the conditions of those to be received into the regular Orders. Sixtus V by his constitution Cum de omnibus forbade that men who had passed the sixteenth year be received unless a severe inquisition were sent before concerning their birth, past life, and the quality of their parents. And if it were found that they had perpetrated robberies or other like crimes, or that they were suspected of the same, or condemned, or that it be prudently feared that they will be condemned; if they be burdened with debt above their strength, or bound to render accounts, whence suits and troubles are foreseen — he forbids that they be received, and declares null the profession emitted by them. But Prelates who shall have knowingly received such men he deprives of active and passive voice, of grades and prefectures, and constitutes them unfit for future dignities and grades. This constitution he tempered by another constitution whose beginning is Ad Romanum Pontificem, not as regards the penalties, but as regards the crimes. Gregory XIV by another constitution called Circumspecta partly took away, partly increased the moderations of the Sixtine constitution. And at last Clement VIII reduced profession to the terms of common law: so that unless some impediment of common law stand in the way, the profession is valid. But he left the penalties against transgressors in their force. Now nevertheless by force of the constitution of the same Clement VIII Regulars can receive youths even beyond the nineteenth year, an oath being exacted that they are neither criminal, nor obnoxious to the rendering of accounts, nor guilty of theft or homicide, nor bound by the other impediments recounted in the Sixtine constitution. Prelates who neglect scrutiny of this kind gravely offend and are subject to the penalties of the Sixtine Bull. The profession nevertheless will be valid, provided nothing repugn against common law.

IV. Novices are partakers of all the privileges of Regulars, since they are under the power of the Religion and sustain its burdens. Wherefore they are immune from the jurisdiction of the bishop and enjoy the privilege of the forum. The superiors of the Religion can dispense with them upon the precepts of the Church and upon their vows, which nevertheless they ought to fulfil if they lay aside the habit of Religion. On the contrary if they be absolved from censures, irregularity, or reservation, if they go out of the Religion which they had in good faith embraced, they remain absolved.

V. If in the year of noviceship a novice die, the heir ab intestato succeeds to his goods. Free donations between the living, lucrative contracts, and renunciations of temporal goods, offices, and dignities are void and null, unless they be made with the licence of the bishop or of his Vicar within two months before profession, as Trent determined. Goods which a novice hopes will come to him he can renounce to the Religion which he is about to profess, even while his father lives; otherwise to another determinate person. To the goods which come to a novice by right of blood, unless he himself dispose according to the prescript of Trent before profession, the Order which he has professed succeeds, if it be capable of immovable goods.