Article IV: On Religious Profession

2146. • DEFINITION. Religious profession, in the canonical sense, is customarily defined: "A promise freely made and legitimately accepted, by which someone constituted in due age, the time of probation having been completed, binds himself perpetually to a certain Religion approved by the Church, with solemn emission of vows." In a broader and improper sense, even the emission of simple vows is called Profession.

DIVISION. Profession is either express, which is enunciated by words; or tacit, which is expressed by deeds, e.g. when a novice, the time of probation having elapsed, knowingly wears the habit of profession and exercises acts proper to the professed. Today this is almost unusual; indeed, it has been expressly abrogated, if there is question of the emission of solemn vows to be made by male Regulars.¹

2147. I. For the VALIDITY of the profession either of Religious or of Nuns, THREE things are required, namely the aptitude of the one vowing, free consent, and the acceptance of the Superior.²

There is required 1. the aptitude of the one vowing, namely: that he not be of another's right, that he have completed the sixteenth year to the moment of the hour, that he have stood in probation for a whole year (in a leap-year the lapse of 366 days must altogether be awaited); that he have no impediment which, by Statutes confirmed by the Roman Pontiff, is judged substantial in that Order.³

There is required 2. free consent, i.e. that there be present in the one vowing the intention of making profession, free from every deceit, fraud, or error concerning substantial things; and that force or grave fear be absent, both on the part of the one professing and on the part of the monastery accepting (cf. n. 1044 sqq.). - And here there comes to be noted the Tridentine decree, by force of which they incur excommunication reserved to no one "whoever shall have forced some virgin, or widow, or any other woman, except in the cases expressed in law, to enter a monastery, or to receive the habit of any Religion whatever, or to emit profession"⁴ (cf. n. 1359, where concerning cases expressed in law, or excepted).

There is required 3. Acceptance of the Superior of the Order, with the consent or at least with the counsel of the Chapter, according to the Statutes of each Religion; for religious profession consists in a certain bilateral contract, for which true and legitimate consent is necessary on each side.⁵

In ITALY, the Decrees of the Holy See, concerning which n. 2143, must moreover be observed.

Further, a Religious unjustly denying a vote to a novice not only sins, but besides is held to restitution, as they most commonly say, unless there is present a grave cause for reproving, namely a cause of infirmity, bad disposition, defect of talents, and the like, so that the novice is thought going to be grave, i.e. burdensome, to Religion. Thus St. Alphonsus.⁶

2148. II. For the validity of the profession of MEN with SOLEMN vows, there is further required, according to the present discipline, that they first have emitted SIMPLE VOWS. - Namely, from the decrees of Pius IX (19 March 1857 and 7 Feb. 1862):⁷ all Religious of those Orders in which solemn vows are emitted, in the future, the tyrocinium having been completed, emit only simple vows, at least for three years; then, after at least the nineteenth year of their age has been completed, they are admitted to solemn vows, if they are found worthy by their Superiors. But for just causes solemn profession can also be deferred longer, although not beyond the age of twenty-five completed years. The decree does not regard nuns.

But from the declarations of the Sacred Congregation SUPER STATU REGULARIUM given on 12 June 1858, and regarding the aforesaid decree of 19 March 1857, the simple vows of which there is question are perpetual on the part of the one vowing, and dispensation from them is reserved to the Supreme Pontiff. - On the part of the Order, however, they can be dissolved by dismissal of the Professed, so that, dismissal having been given, by that very fact the professed become free from every bond of the said vows. But no one can be dismissed because of infirmity arising after profession of simple vows. - Moreover, the professed of these vows become participants of all the graces and privileges by which the solemnly professed in the same Order enjoy.⁸

2149. III. Concerning the profession of NUNS, the following things especially must be noted:

1. A novice CANNOT LICITLY be admitted to profession: 1) If the Bishop, by himself or by a delegate, even in an exempt monastery, has not examined her beforehand; wherefore the Superiorissa is bound, under penalty of suspension from office, to warn him at least one month before profession; but the Ordinary is bound, within fifteen days from the day of notification, to institute the examination according to the Tridentine rules (cf. n. 2143, 2).⁹ - 2) If, the year of probation having been completed, the Ordinary has deferred profession from a just cause. - 3) If the dowry of a choir nun, assessed by the Bishop and which is to be paid in money, has not been furnished (cf. n. 589, 5). But the dowry cannot be alienated, nor, if the nun is transferred into another monastery, be transferred to the same, unless this monastery is compelled to admit the nun. But it is to be restored to one departing from the monastery if only simple vows are emitted in it. - Nevertheless it is equitable that expenses incurred be deducted (cf. n. 2144).¹⁰

2. Profession is INVALID if a novice, having departed from the monastery because of infirmity, and, after she has recovered, having returned, has not begun the novitiate anew. - If a novice of sixteen years and constituted in danger of death wishes to emit profession, she can certainly emit it; but if she recovers, once the year of her profession has been completed, she must profess anew.¹¹

3. The profession of nuns must be made principally into the hand of the Ordinary or his delegate, not into the hand of the Superiorissa. - Nevertheless it is valid if it is made into the hand of the Superiorissa, with the consent of the greater part of the Chapter. Except if custom or approved Statutes of the Order require something else.¹²

2150. Questions. QUESTION 1. Can one RECLAMATE who has emitted an INVALID profession?

Resp. He can, from the Council of Trent,¹³ provided he does this within a five-year period; once this has elapsed, he is no longer heard, unless he is restored in full by the Apostolic See. - But the process must be made both by the local Prelate and by the Ordinary of the diocese, with the assistance of a defender of profession. Further, the professed, although he has the first sentence in his favor, cannot therefore withdraw from Religion, but must await the second, if an appeal is pending. But if he has already taken flight, he is repelled from judgment until he has resumed the habit of Religion. Thus Benedict XIV, Bull Si datam hominibus.¹⁴ See more among the Canonists.

QUESTION 2. What are the EFFECTS of valid profession?

Resp. The principal effects are the following:¹⁵

1. Remission of sins as regards penalty, if the professed is in grace and immune from every depraved affection, even lightly sinful; for profession is a holocaust offered to God, and exceeds every kind of satisfaction.¹⁶ 2. Extinction of vows previously emitted, as though through a certain commutation into something better.¹⁷ 3. Liberation from paternal power, notwithstanding civil law; whence it happens that parents who, relying on secular law, draw a son or daughter from the convent after profession has been emitted, stain themselves with grave sin. - 4. Dissolution of betrothals, according to what was said n. 1957. 5. Dissolution of a ratified marriage already contracted, and inability for contracting matrimony, if the profession is solemn (cf. n. 1981). 6. Cessation of irregularity from defect of birth; but only to the effect of receiving Orders, not however as regards obtaining Prelatures or Dignities (cf. n. 1935). - 7. Vacancy of Benefices, according to what was said n. 2138. 8. Participation in all privileges of Regulars, especially exemption, if the monastery has the required conditions (cf. n. 2183). 9. The obligation of tending to perfection and of observing vows, concerning which now at greater length.