Title XIV: On Regulars and Those Passing to Religion

If one under fourteen years enters religion, he freely leaves in his fifteenth year unless in that fifteenth year he makes profession, receives the habit of the professed, or expressly ratifies a profession previously made by him. But if throughout the whole fifteenth year he wore the habit where it is not distinct, he is understood to be professed, unless the lack of distinction is so great that those living with them are clothed in a similar habit. If one over fourteen years enters and wears the habit for a year, however indistinct it may be, he is understood to be professed. John Andrew. — § 1. Here it declares which habits are distinct. This states the point.

Innocent IV.

One who enters a monastery before his fourteenth year in order to become a monk can freely return to the world within the following year unless, after completing that year of age, he makes profession in the next, receives the religious habit customarily given to those making profession, or expressly ratifies a profession previously made by him. But if he remains throughout the whole following year in a monastery where the habits of the professed and novices are indistinct, he appears thereby to have made profession, or to have ratified one that he previously made, unless there is so great an indistinction of habit there that the professed and novices, and also others leading the common life with them, are clothed in an entirely similar habit.

But one who assumes the religious habit after his fourteenth year, if he wears it for that year, is presumed from that time to have truly professed the religion where the professed are by no difference of habit distinguished from novices, even if others dwelling with them use similar garments. For since he has now reached the years of discretion, he knows what he is doing, and therefore, after he has tested for the span of a year the order undertaken at the age of discretion, he is understood firmly to have approved it. It is otherwise for one who puts on the regular habit before the years of discretion, since he does not have a full understanding of the things he then does.

§ 1. We understand the habits to be distinct or dissimilar whether dissimilar garments are given to novices and the professed, or whether the garments are blessed when they are granted to those making profession, or whether something else is done by which the habit of novices is distinguished from that of the professed.

The Friars Preachers and Minors cannot receive anyone to profession in their order within the year of probation. If they do so, the person received is not bound to their order, and they are suspended from receiving the profession of others and are to be punished with the penalty customarily inflicted upon them for more serious faults. John Andrew.

Alexander IV, to the Friars Preachers and Minors.

Not only—(And below:) Although, having zeal for souls, you solicitously desire to win them for the Lord, nevertheless, because it is fitting and expedient that judgment of reason not be wanting to purity of conscience, lest loss of salvation follow from the source from which spiritual advancement is sought, with the counsel of our brothers, by authority of the present letters, in virtue of obedience and under penalty of excommunication, we strictly prohibit you from presuming to receive anyone, before the completion of the year of probation regularly instituted especially as an aid to human frailty, to profession in your order or to making renunciation in the world. Nor shall you in any way impede one situated within such year from passing during it to another religious order that he prefers, or from returning entirely to the world as proceeds from his own will, unless—being nevertheless more than fourteen years old—he has tacitly or expressly professed, or it is clearly established that he wished to change his life, which is not, however, presumed unless demonstrated by clear proof or sufficient indications.

But if perhaps you presume to receive anyone contrary to this our prohibition, we decree that one so received is in no way bound to your order, that you are by the fact itself suspended from receiving any persons to profession in the same order, and that you are moreover to be subjected to the penalty customarily inflicted upon brothers of that order for more serious faults.

The decretal “Not only” extends to all Mendicants; in other orders, however, express profession within the year binds to the religious order to which it is made, but tacit profession binds generally to religion. This states the point according to Zenzel.

Boniface VIII.

Pope Alexander IV of pious memory, our predecessor, declared that the Innocentian constitution prohibiting the profession of converts from being received before the completion of the year of probation extended only to the orders of Friars Preachers and Minors. Hence we, induced by a like parity of reason, extend the same declaration to the orders of other Mendicants. In other religious orders, however, profession can lawfully be made expressly or tacitly within the year. But an express profession, even if secular dress has not been changed, binds specifically to that religious order which the person making profession has professed. A tacit profession made within the year of probation by reception of a habit given only to those making profession binds the recipient not specially to the religious order whose habit was received, but generally to some religious order, if he is of suitable age, knowing and willing, and perseveres for three days.

The benefice of one entering religion is not to be conferred upon another within the year of probation, except in the cases twice expressed; meanwhile, however, the benefice ought to be served by another, with a suitable portion assigned to that substitute from which he can live. This states the point. Johannes de Fano.

The same, to the Chapter of Paris.

The benefice of one who enters religion is not to be conferred upon anyone within the year of probation unless his assent to this is given, or it is established that he wished absolutely to change his life, or he made an express profession, or knowingly received the habit of the professed. But meanwhile the benefice itself ought to be served by another, with a suitable portion assigned to him from its revenues.

A second solemn vow of religion derogates from an earlier simple vow. This states the point. Johannes de Fano.

The same.

One who, after a vow made by him to enter a specified religious order, enters another, even laxer, religious order and makes profession in it can, notwithstanding the prior vow—from which, as a simple vow, the second solemn vow is known to derogate—lawfully remain in the latter. Penance is nevertheless to be imposed upon him for the unfulfilled vow.

When a monastery is vacant, the convent receives a new monk if this belongs jointly to the abbot and convent; if it belongs to the abbot alone, it is otherwise. This states the point. Dominicus.

The same.

If the creation of monks belongs to the abbot alone, after his death a new monk cannot be created by the convent; otherwise it can be done if their creation belongs jointly to both.