Chapter I. On the Nature of the Religious State

The religious state, or a stable manner of living in common, by which the faithful, besides the common precepts, also undertake the evangelical counsels to be observed through vows of obedience, chastity, and poverty, is to be held in honor by all (Can. 487).

In the canons which follow, there come under the name:

1st. Of religion, a society approved by legitimate ecclesiastical authority, in which the members, according to the proper laws of the society itself, pronounce public vows, perpetual or temporary, yet to be renewed when the time has elapsed, and in this way tend toward evangelical perfection;

2nd. Of Order, a religion in which solemn vows are pronounced; of monastic Congregation, the union of several monasteries of their own right among themselves under the same Superior; of exempt religion, a religion, whether of solemn or simple vows, withdrawn from the jurisdiction of the local Ordinary; of religious Congregation, or simply Congregation, a religion in which vows only simple, whether perpetual or temporary, are emitted;

3rd. Of religion of pontifical right, a religion which has obtained either approval or at least a decree of praise from the Apostolic See; of diocesan right, a religion which, erected by Ordinaries, has not yet obtained this decree of praise;

4th. Of clerical religion, a religion of which most members are advanced to the priesthood; otherwise it is lay;

5th. Of religious house, a house of some religion in general; of regular house, a house of an Order; of formed house, a religious house in which at least six professed religious dwell, of whom, if there is question of a clerical religion, at least four are priests;

6th. Of province, the union of several religious houses among themselves under the same Superior, constituting a part of the same religion;

7th. Of religious, those who have pronounced vows in some religion; of religious of simple vows, those who have pronounced vows in a religious Congregation; of regulars, those who have pronounced vows in an Order; of sisters, religious women of simple vows; of nuns, religious women of solemn vows or, unless something else is established from the nature of the matter or from the context of speech, religious women whose vows from their institute are solemn, but for some places by prescription of the Apostolic See are simple;

8th. Of major Superiors, the Abbot Primate, Abbot Superior of a monastic Congregation, Abbot of a monastery of its own right, even if belonging to a monastic Congregation, the supreme Moderator of a religion, provincial Superior, the vicars of these, and others having power after the manner of provincials (Can. 488).

Canon 489 is of the highest moment:

The rules and particular constitutions of individual religions, not contrary to the canons of this Code, keep their force; but those which are opposed to them are abrogated (Can. 489).

§1. Bishops, but not the Capitular Vicar or Vicar General, can found religious Congregations; but let them not found them, nor permit them to be founded, without consulting the Apostolic See; but if there is question of tertiaries living in common, it is moreover required that they be aggregated to their religion by the supreme Moderator of the first Order.

§2. A Congregation of diocesan right, although in course of time spread through several dioceses, nevertheless, so long as it lacks the testimony of pontifical approval or praise, remains diocesan, wholly subject to the jurisdiction of the Ordinaries according to the norm of law.

§3. Neither the name nor the habit of a religion already constituted can be assumed by those who do not legitimately belong to it, or by a new religion (Can. 492).¹

¹ Cf. Addenda, p. 1088, n. 7.

Question 1. Who can be admitted into religion?

Resp. Any Catholic can be admitted into religion who is detained by no legitimate impediment, is moved by a right intention, and is suitable for bearing the burdens of religion (Can. 538).

Therefore immunity from obstacles, right intention, and suitability for carrying burdens are required for admission. The necessity of these three is established from the very nature of the matter of which there is question.

Question 2. What is the law concerning postulancy according to the new Code?

Resp. §1. In religions of perpetual vows all women and, if there is question of a religion of men, lay brothers, before they are admitted to the novitiate, must complete a postulancy for at least six full months; but in religions of temporary vows, as regards the necessity and time of postulancy, one must stand by the constitutions.

§2. The major Superior can extend the prescribed time of postulancy, yet not beyond another six months (Can. 539).

§1. The postulancy must be completed either in the house of novitiate or in another house of the religion in which discipline is accurately observed according to the constitutions, under the special care of an approved religious.

§2. Let postulants wear modest clothing and clothing different from the clothing of novices.

§3. In monasteries of nuns, aspirants, while they are completing the postulancy, are held by the law of enclosure (Can. 540).

Before they begin the novitiate, postulants should attend to spiritual exercises for at least eight full days; and, according to the prudent judgment of the confessor, they should make beforehand a general confession of their past life (Can. 541).

Thus a distinction is made between religions of perpetual vows and religions of temporary vows: in these latter one must stand by the constitutions, both as regards the necessity and as regards the duration of postulancy; in the former, women and lay brothers are held to make a postulancy of six months. The major Superior can extend this time, but not beyond another six months.

The postulancy must be made either in the novitiate or in another house where discipline flourishes under the care of an approved religious. The garments are to be modest, different from the clothing of the novitiate. In monasteries of nuns, aspirants are held by the law of enclosure. Before the novitiate, postulants should complete spiritual exercises through eight solid days and, at the judgment of the confessor, make a general confession.

Question 3. Who are admitted to the novitiate invalidly, and who illicitly?

Resp. With the prescription of can. 539-541 remaining firm, and other prescriptions in the proper constitutions of each religion:

1st. They are admitted to the novitiate invalidly:

Those who have adhered to a non-Catholic sect;

Those who do not have the age required for novitiate;

Those who enter religion induced by force, grave fear, or fraud, or whom the Superior, induced in the same way, receives;

A spouse, while the marriage lasts;

Those who are bound, or have been bound, by the bond of religious profession;

Those upon whom a penalty is impending because of a grave delict committed, concerning which they have been accused or can be accused;

A Bishop, whether residential or titular, even if he has only been designated by the Roman Pontiff;

Clerics who, from an institute of the Holy See, are bound by oath to devote their work to the good of their diocese or of the missions, for that time for which the obligation of the oath endures.

2nd. They are admitted illicitly, but validly:

Clerics constituted in sacred orders, without consulting the local Ordinary, or with the same Ordinary contradicting because their departure would turn to grave detriment of souls, which cannot be avoided otherwise;

Those burdened with debt who are not able to pay;

Those liable to render an account, or entangled in other secular business, from which the religion could fear lawsuits and troubles;

Children who must assist parents, that is, father or mother, grandfather or grandmother, placed in grave necessity, and parents whose work is necessary for feeding or educating children;

Those destined for the priesthood in religion, but from which they are removed by irregularity or another canonical impediment;

Orientals in Latin religions without permission given in writing by the Sacred Congregation for the Oriental Church (Can. 542).

Invalidity arises first from the fact that someone previously adhered to some non-Catholic sect. In the new Code, non-Catholics are called either baptized or not baptized: baptized outside the Catholic Church and adhering to some sect; baptized in the Catholic Church and afterwards defecting from it and adhering to some sect; baptized nowhere but adhering to some sect, for example of Quakers, Unitarians.

The words of canon 542, those who have adhered to a non-Catholic sect, are not to be understood concerning those who, moved by the grace of God, have come to the Church from heresy or schism in which they were born, but concerning those who have defected from the faith and adhered to a non-Catholic sect. Thus C. A. C. C. A. I., 16 Oct. 1919.

Question 4. With whom is the right of admitting to the novitiate and to profession?

Resp. The right of admitting to the novitiate and to subsequent religious profession, both temporary and perpetual, belongs to the major Superiors with the vote of the Council or Chapter, according to the peculiar constitutions of each religion (Can. 543).

Question 5. What testimony must aspirants present?

Resp. §1. In any religion, all aspirants, before they are admitted, must present testimony of received baptism and confirmation.

§2. Male aspirants must moreover present testimonial letters from the Ordinary of origin and of each place in which, after completing the fourteenth year of age, they have stayed beyond a morally continuous year, any contrary privilege being removed.

§3. If there is question of admitting those who have been in a Seminary, college, or the postulancy or novitiate of another religion, testimonial letters are moreover required, given for the different cases by the rector of the Seminary or college, after the local Ordinary has been heard, or by the major Superior of the religion.

§4. For clerics to be admitted, besides the testimony of ordination, testimonial letters of the Ordinaries in whose dioceses after ordination they have dwelt beyond a morally continuous year suffice, with the prescription of §3 being safe.

§5. For a professed religious transferring to another religion by apostolic indult, the testimony of the major Superior of the prior religion is sufficient.

§6. Besides these testimonies required by law, Superiors to whom the right belongs of enrolling aspirants into religion can also require other things which seem necessary or suitable to them for this end.

§7. Finally, let women not be received unless accurate investigations concerning their character and morals have been made beforehand, with the prescription of §3 remaining firm (Can. 544).

§1. Those who must give testimonial letters from the prescription of law should give them not to the aspirants themselves, but to the religious Superiors gratuitously within the space of three months from their requisition, closed with a seal and, if there is question of those who have been in a Seminary, college, or the postulancy or novitiate of another religion, confirmed by the oath of the Superior.

§2. If for grave reasons they have judged that they cannot answer these, let them explain the causes to the Apostolic See within the same time.

§3. If they have replied that the aspirant is not sufficiently known to them, the religious Superior should supply by another accurate investigation and a trustworthy report; but if they have replied nothing, the requesting Superior should inform the Holy See of the response not received.

§4. In their testimonial letters, after they have instituted diligent investigation, even through secret information, they must report, their conscience being gravely burdened concerning the truth of the things set forth, concerning the aspirant's birth, morals, talent, life, reputation, condition, knowledge; whether he has been investigated, whether he is entangled by some censure, irregularity, or other canonical impediment, whether his own family needs his help, and finally, if there is question of those who have been in a Seminary, college, or the postulancy or novitiate of another religion, for what cause they were dismissed or departed of their own accord (Can. 545).

Question 6. When does the novitiate begin, and what is required for its validity?

Resp. The novitiate begins with the reception of the habit, or in another manner prescribed in the constitutions (Can. 553).

§1. Besides the other things enumerated in can. 542 for the validity of the novitiate, in order to be valid the novitiate must be completed:

1st. After completion of at least the fifteenth year of age;

2nd. Through an entire and continuous year;¹

3rd. In the house of novitiate.

§2. If a longer time is prescribed for the novitiate in the constitutions, it is not required for the validity of profession, unless something else is expressly said in the same constitutions (Can. 555).

The novitiate begins in the manner prescribed in the religion; for validity it must be completed after the fifteenth year is completed, in the house of novitiate, through an entire and continuous year. Without these three, or without any one of them, the novitiate is not validly completed; the minimum age is the completed fifteenth year; the house of residence is the house of novitiate; the minimum and necessary time is one complete and continuous year.

¹ Cf. Addenda, p. 1111, n. 53.

Question 7. What is to be said concerning interruption of the novitiate?

Resp. §1. The novitiate is interrupted, so that it must be begun anew and completed, if the novice, dismissed by the Superior, has left the house, or has deserted the house without his permission, not intending to return, or has remained outside the house, even intending to return, beyond thirty days, whether continuous or not continuous, for any cause whatsoever, even with the permission of Superiors.

§2. If the novice has remained beyond fifteen, but not beyond thirty, days, even not continuous, outside the enclosure of the house under obedience to the Superior, with the permission of Superiors or compelled by force, for the validity of the novitiate it is necessary and sufficient to make up the days spent in this way; if not beyond fifteen days, the supplement can be prescribed by Superiors, but is not necessary for validity.

§3. Let Superiors not impart permission to remain outside the enclosure of the novitiate except from a just and grave cause.

§4. If a novice is transferred by Superiors into another house of novitiate of the same religion, the novitiate is not interrupted (Can. 556).¹

¹ Cf. Addenda, p. 1088, n. 8.

Question 8. What is required for the validity of profession?

Resp. §1. For the validity of any religious profession it is required that:

1st. The one about to emit it have the legitimate age according to the norm of can. 573;

2nd. A legitimate Superior admit him to profession according to the constitutions;

3rd. A valid novitiate according to the norm of can. 555 have preceded;

4th. The profession be emitted without force or grave fear or fraud;

5th. It be expressed;

6th. It be received by a legitimate Superior according to the constitutions, by himself or through another.

§2. But for the validity of perpetual profession, whether solemn or simple, it is moreover required that temporary simple profession according to the norm of can. 574 have preceded (Can. 572).

Question 9. What age is required for profession?

Resp. Anyone about to emit religious profession must have completed the sixteenth year of age, if there is question of temporary profession; the twenty-first, if of perpetual, whether solemn or simple (Can. 573).

When the sixteenth year of age has not been completed, no profession is valid for which that completed year is required, if namely there is question of temporary profession; but if of perpetual, whether simple or solemn, the twenty-first year, and indeed completed, is required.

Question 10. When the novitiate has been completed, must the novice immediately be admitted to profession?

Resp. §2. When the novitiate has been completed, if he is judged suitable, the novice is to be admitted to profession; otherwise he is to be dismissed. If doubt remains whether he is suitable, the time of probation can be prolonged by the major Superiors, yet not beyond six months (Can. 571).

Question 11. Must temporary simple profession always be placed before solemn and perpetual profession?

Resp. §1. In any Order both of men and of women, and in any Congregation which has perpetual vows, after the novitiate has been completed, the novice, in the house of novitiate itself, must place before perpetual vows, whether solemn or simple, with the prescription of can. 634 being safe, a profession of simple vows to last for three years, or for a longer time if the age required for perpetual profession is farther distant, unless the constitutions require annual professions.

§2. The legitimate Superior can prolong this time, after temporary profession has been renewed by the religious, yet not beyond another three years (Can. 574).

Question 12. When the time of temporary profession has been completed, what must be done?

Resp. §1. When the time of temporary profession has been completed, the religious, according to the norm of can. 637, either emits perpetual profession, solemn or simple according to the constitutions, or returns to the world; but also, during the time of temporary profession, if he is not held worthy to pronounce perpetual vows, he can be dismissed by the legitimate Superior according to the norm of can. 647 (Can. 575).

The highest care of the Church is in saving the liberty of the subject vowing, lest they unwillingly lead the religious life.

Question 13. When the time for which the vows were pronounced has elapsed, must renewal be made immediately?

Resp. No delay is to be interposed to the renewal of vows, when the time for which they were pronounced has elapsed. Indeed, Superiors have the faculty of permitting that the renewal be anticipated for some time, yet not beyond a month. Cf. Can. 577.

Question 14. Do those professed by temporary simple vows enjoy the privileges, etc., and are they held to the obligations of others professed by perpetual and solemn vows?

Resp. Those professed by temporary vows, of whom in can. 574:

1st. Enjoy the same indulgences, privileges, and spiritual graces by which those professed by solemn vows or those professed by perpetual simple vows rejoice; and if they are overtaken by death, they have a right to the same suffrages;

2nd. They are held by the same obligation of observing the rules and constitutions; but where the obligation of choir flourishes, they are not bound by the law of reciting the divine office privately, unless they are constituted in sacred orders or the constitutions expressly prescribe something else;

3rd. They lack active and passive voice, unless something else is expressly provided in the constitutions; but the time prescribed for enjoying active and passive voice, the constitutions being silent, is computed from first profession (Can. 578).

Question 15. To what is the Bishop held with regard to girls about to enter religion?

Resp. The Superioress must inform the local Ordinary, at least two months before, concerning the approaching admission to the novitiate and to profession, both temporary and perpetual, whether solemn or simple. The local Ordinary, or if he is absent or impeded, a deputed priest, at least thirty days before the novitiate and before profession as above, should examine the will of the aspirant, whether she has been coerced or seduced, whether she knows what she is doing; if it is established concerning her pious and free will, then the aspirant can be admitted to the novitiate or the novice to profession. Cf. Can. 552; S. C. de Religiosis, 19 Jan., 1909. The Church wills that it be authentically established that the aspirant was not coerced, and that she understands what she is doing; only then is it lawful to admit her to the novitiate or to profession, when both the liberty and the knowledge of the aspirant are plainly evident.

Question 16. How does profession affect acts contrary to the vows?

Resp. Simple profession, whether temporary or perpetual, renders acts contrary to the vows illicit, but not invalid, unless something else has been expressly provided; but solemn profession, if they are irritative, renders them also invalid (Can. 579).

We have an example of the former in relation to those who, for example, in some religious congregation with simple vows only, although perpetual, enter marriage without dispensation: the marriage is valid, although surely a most grave sin; but if a Scholastic of the Society of Jesus with his simple perpetual vows did the same thing, the marriage would be invalid. Cf. Const. Ascendente Domino, Greg. XIII.

Question 17. By what means and under what obligation is a Religious held to tend toward perfection?

Resp. He is held to tend primarily through the essential means of the religious state, namely through the observance of the three vows of poverty, chastity, and obedience. And since the obligation of tending to perfection is grave by force of the state in which he is found, he will sin gravely if in a grave matter he infringes those vows. But secondarily he is held to tend toward perfection also through accidental means, namely through the proper rules of the Order; and he will sin gravely if he infringes them from formal contempt, namely by spurning their authority as such and their known wisdom. It is otherwise, however, if he violates them, led by concupiscence, or because he thinks they are not necessary for him unto salvation, or if he thinks that they are not commanded under grave obligation. - Cf. St. Alphonsus, n. 10.

Question 18. Does a Religious sin gravely who intends to observe only commands obliging under grave obligation, and to care nothing for the rest?

Resp. Negatively, more probably; and the reason is that by this very fact, that the Religious wills to fulfill those several things which oblige under grave obligation, he already tends toward perfection, since he wills to fulfill several things which, with respect to others, do not oblige but are merely of counsel. St. Alphonsus calls this opinion the more common and more probable; nevertheless he warns that a Religious disposed in this way can be in grave danger of sinning mortally from other heads, for example, by reason of the danger of transgressing the vows or of bringing grave damage upon the Religion as regards discipline, etc. Cf. St. Alphonsus, nn. 10 and seq. - Bouix, de Regul., vol. 2, pp. 550 and 551.

Question 19. Whether, or how far, does a rule oblige under sin, taken distributively, or considering individual rules in particular?

Resp. In very many Orders the rule, generally speaking and of itself, does not oblige under sin, not even venial sin. This is established from the constitutions themselves of various Orders and from the common interpretation of theologians. Those Orders are to be excepted in which the constitutions expressly establish the opposite. I said 1st, generally speaking, because whatever things fall under vows or express precepts of Superiors are not without fault, and indeed grave fault according to the gravity of the matter, as we shall say below concerning vows. - I said 2nd, of itself, because theologians teach that transgression of the rule very rarely is free from all fault because of extrinsic reasons, since almost always there will be some fault by reason of negligence, concupiscence, scandal, laziness, or any other disordered movement. - Cf. St. Alphonsus, ibid.

Question 20. To what is a novice held in relation to the cession of administration of goods and to a testament?

Resp. §1. Before profession of simple vows, whether temporary or perpetual, the novice must, for the whole time for which he will be bound by simple vows, cede the administration of his goods to whom he prefers and, unless the constitutions provide otherwise, freely dispose concerning their use and usufruct.

§2. That cession and disposition, if it was omitted because of lack of goods and these afterwards came, or if it was made and afterwards other goods by any title came, is to be made or repeated according to the norms established in §1, notwithstanding simple profession emitted.

§3. A novice in a religious Congregation, before profession of temporary vows, should freely make a testament concerning goods present or perhaps to come (Can. 569).

The whole novitiate is to be completed in the habit which the constitutions prescribe for novices, unless special circumstances of places require something else (Can. 557).