Chapter I: On the Variety and Condition of Persons

— 1. Juridical Liberty. By both divine and ecclesiastical law, any Catholic detained by no impediment can be received among religious (cf. c. 538).

2. Vocation. Leaving aside opinions concerning a special interior instinct, which God indeed can give but which is by no means necessary, suitability for bearing the burdens of religion and a right intention of serving God in religion suffice for lawful entrance, which of itself also is to be advised, since the profession of the counsels is of itself to be preferred to the mere profession of the precepts. But the firmer the will, led by a supernatural motive, shows itself, and the more manifest the suitability is, the clearer is the divine vocation. Nor is present sanctity or justice of the person demanded, since religion is a school for acquiring perfection. Yet here a distinction must be made between religions as such and certain religions. For those which exercise apostolic ministries suppose in the candidate a fairly proximate hope of blameless life. And because now life in common is required for every approved religion, the vocation to religious profession is less universal than the vocation to private observance of the evangelical counsels. Moreover these inculcate to all the faithful by what spirit life must be lived.

But vocation explained thus is truly divine, because, as outstanding testimonies of the Fathers confirm, it must be attributed to the power of the Holy Spirit that someone, the enticements of the world having been overcome, dedicates himself wholly to divine service.

Although, however, it is of itself entire for the faithful person to obey God inviting and embrace the religion of the counsels, or to be content with the religion of the precepts, the same option is not left to counselors. For these are bound by a grave obligation to advise that which is better. And Christ Himself, when He said to the young man whom He loved, "If thou wilt be perfect," would not have permitted His apostles and disciples to offer opposite counsels. For He did not send them to correct His sayings, but, as witnesses of Him (Luke 24, 48; Acts 1, 8), and having obtained mercy that they might be faithful (1 Cor. 7, 25), to teach to observe whatsoever He had commanded them (Matt. 28, 20). And since there is question of the whole manner of life, it is already objectively grave that someone rashly assume or fulfill the office of counselor in this matter.

— Postulancy (cc. 539-541). All women and all lay brothers, before they are enrolled among novices, must, by common law, in a religion where vows are perpetual, spend at least six whole months in postulancy; in religions of temporary vows, one must stand by the constitutions concerning this matter. But the Major Superior can prolong the prescribed time of postulancy, yet not beyond another semester.

Concerning the mode and place of postulancy, the Code defines nothing besides these things: a. that it be made under the special care of an approved religious, in a house where observance flourishes; b. that postulants wear modest dress different from that of novices; c. that aspirants to be nuns observe the law of cloister, yet not under censure; d. that before the novitiate, for at least eight whole days, they be occupied with spiritual exercises.

— Impediments to Entrance into the Novitiate. With special prescriptions of the constitutions saved besides, from common law, c. 542:

The following are admitted invalidly to the novitiate:

Those who have adhered to a non-Catholic sect, that is, from the authentic declaration, those who, apostates from the Catholic faith, have given their name to a heretical or schismatic sect (Response, October 16, 1919); those who do not have the age required for the novitiate, that is, who have not completed the fifteenth year of age (c. 555, 1); "those who enter religion induced by force, grave fear, or fraud, or whom the Superior receives induced in the same way." Just fear is not here distinguished from unjust, neither in the candidate, who seems never able to be coerced justly, nor in the Superior; "a spouse, during marriage"; "those who are bound, or have been bound, by the bond of religious profession," no distinction being made of temporary or perpetual profession, in the same or in another religion; "those to whom a penalty is imminent on account of a grave delict committed, concerning which they have been accused or can be accused." Therefore the impediment does not affect those who, although guilty, are subject to no serious danger of accusation in another forum, canonical or civil; "a bishop, whether residential or titular, even if he has only been designated by the Roman Pontiff." Therefore he is already impeded who, not yet consecrated or preconized in consistory, has received authentic notice of his pontifical nomination or designation; "clerics who, from an institute of the Holy See, are held by oath to devote their work to the good of their diocese or of missions, for the time during which the obligation of the oath perdures."

Since an institute of the Holy See signifies something more special than a canon of the Code, and clerics in sacred orders, from c. 542, 2 itself, must merely consult the Ordinary of the place so that they give their name to religion altogether lawfully, there is not question here of clerics who, ordained by title of the service of the diocese, had to make from c. 981, §1 an oath concerning perpetual service of the diocese. It must be said otherwise concerning the oath of mission, since the very formula, received until now, excludes religious life assumed without the good pleasure of the Holy See. But chiefly are understood resident students of certain colleges of the City, for example of the German-Hungarian College, who promised temporary service of three years in the northern parts of Europe, with the option of religious life expressly denied to them during that space.

— The following are admitted illicitly but validly:

"Clerics constituted in sacred orders, without the Ordinary of the place having been consulted, or with the same contradicting, from the fact that their departure would yield to grave detriment of souls which otherwise could by no means be avoided." Therefore of itself positive permission is not necessary; consultation suffices. Yet if from their departure there remains grave detriment of souls which cannot otherwise be avoided, then the contradiction of the Ordinary will make entrance illicit for them, but not invalid.

Can a cleric licitly remain in the novitiate who entered it illicitly? We judge that the matter depends on this: whether the matter is still sufficiently whole and the permanent necessity can be met by departure, or on the contrary, departure has now been made less useful, a prevailing advantage stands in its way, and the Ordinary himself, abstaining from contradiction, perhaps tacitly assents. And it seems likely to happen that, the Ordinary protesting, the matter will be referred to the Holy See to be decided. Clerics who are not in sacred orders are not obliged to consult the Ordinary, but natural equity of itself demands that he, having courteously been made more certain concerning the plan, have the occasion of giving prudent counsel.

"Those burdened by debt, who are not able to pay."

Because by that sanction the law of Sixtus V Cum de omnibus, §§4 and 5 (1587), tempered by the Constitution of Clement VIII In suprema (1602), is confirmed, the canon admits the same interpretation, so that there is question of those who owe to a certain and definite creditor, by onerous title, those things which they have hope that, remaining in the world, they can pay. Indeed those were excused from that law who without grave fault had been reduced to these straits. But attention will also have to be paid to infamy of fact, if any is incurred, and account will have to be had of civil sanctions concerning debtors. Cf. Tamburini, De iure abbatum, III, d. 69, 3, n. 11.

"Those subject to rendering an account or involved in other secular business, from which the religion could fear lawsuits and troubles."

There is question of those who, by private or public cause, must render account of temporal administration, for example of guardianship, on account of which notable troubles hang over them. Therefore not only lawsuits and troubles which would be made against the religion are to be considered here; for religion also has not a little to fear from lawsuits and troubles made against its members.

"Sons who must assist parents, that is, father or mother, grandfather or grandmother, constituted in grave necessity, and parents whose work is necessary for feeding or educating children."

Sons must assist parents who in the world would have the means of providing, of which they are deprived in religion. On account of the same cause they would have to bid farewell to the novitiate. After profession the strict obligation of departing, at least for a time, having obtained, for example, an indult of exclaustration, urges only him who cannot otherwise provide for the extreme and indubitable necessity of parents.

What the Code sanctions concerning grave necessity of parents seems to have to be said concerning extreme necessity of brothers and sisters.

"Those destined to the priesthood in religion, from which nevertheless they are removed by irregularity or another canonical impediment."

The canon is to be understood of those irregularities and impediments which of themselves will remain at the time of ordination, or are not taken away by the privilege of religion before ordination, for example by profession. Otherwise, from c. 987, 5, as many as, being destined to the priesthood, had not yet completed ordinary military service would have to be repelled from religion. But for the irregular and impeded, dispensation must be obtained before the novitiate, contrary to what Rev. Fr. Fanfani thinks, De iure religiosorum, n. 150. For there is no cause why we should violate the clear disposition of law by a distinction to which the general words of the canon are repugnant and which takes away free judgment from the Holy See.

"Orientals in Latin religions, without permission given in writing by the Sacred Congregation for the Oriental Church."

— Aspirants must present testimony of baptism and confirmation.

If they were in a seminary, college, or postulancy or novitiate of another religion, sworn testimonial letters are required from the rector of the seminary or college, the Ordinary of the place having been heard, or given by the Major Superior of the religion, according as the seminary or college belongs to the Ordinary or to the religion. And they must report for what cause the aspirants were dismissed or departed spontaneously.

If sworn letters cannot be had, even with the Ordinary or supreme Moderator intervening, the matter is to be referred to the Sacred Congregation of Religious (cc. 544, 545 and decree of the Sacred Congregation of Religious, November 21, 1919). Accurate information concerning character and morals is to be taken.

For men, besides, testimonial letters of the Ordinary of origin are necessary, that is, of the place where, when the aspirant was born, the father, or, failing him, the mother, had domicile or quasi-domicile; and of the Ordinaries in whose diocese or quasi-diocese, "after the completed 14th year of age, they have stayed beyond a morally continuous year, with every contrary privilege removed" (c. 544, §2).

All testimonial letters are to be given gratuitously within three months from their requisition.

— Aspirants to be nuns, from common law itself, but other religious women according as is prescribed by the constitutions, must bring the dowry defined by constitutions or custom.

That dowry is to be handed over before the reception of the habit, or at least its handing-over is to be made secure in a valid civil form; it is to be invested prudently and fruitfully in a mode approved by the Ordinary of the place and the regular Superior, if there is one; and by the death of a religious woman who has emitted at least temporary vows, it is irrevocably acquired by the religion. If there is question of a religion of pontifical law, the dowry cannot be condoned, not even in part, without an indult of the Holy See, which is accustomed to be granted for a certain number of cases, or use of a faculty made to an Apostolic Legate.

At least two months before the novitiate, the Ordinary of the place must be admonished by the Superioress, so that by himself or through a delegate he may explore the will of the aspirant.

— The novitiate (cc. 553-571), in the mode prescribed by the constitutions, generally begins with the reception of the habit; but for validity it must be made at least for one whole and continuous year in a legitimate house of novitiate, that is, if there is question of a religion of pontifical law, in a house which has been erected with permission of the Holy See. But the year is completed only when the day of the same number and month on which it was begun a year before has been completed, so that the first day of entrance is not computed. But the novitiate is interrupted if the novice, dismissed or spontaneously bidding farewell to the religion, has gone out from the house, or has been absent beyond thirty days, continuous or not continuous, for any cause whatsoever. If he has been absent beyond fifteen days, for validity it is required and suffices that those days be supplied. Besides, in cc. 558 and 564, the Code prescribes distinct probation for lay brothers and for other novices, so that a novitiate made for one class is useless for the other.

Novices enjoy the privileges of their religion, and after death have a right to the same suffrages as the professed.

In religious Congregations, novices must freely make a testament during the novitiate, which after profession they will be able to change, unless the matter urges, only with permission of the Holy See.

Before the first profession of vows, the novice must, for the whole time by which he will be bound by simple vows, cede the administration of his goods to whomever he prefers, and, unless the constitutions bear otherwise, freely dispose concerning their use and usufruct. This cession and disposition can also be supplied or completed after vows; it can also be changed with due permission; and by departure from religion it ceases to have force. But during the novitiate the novice cannot validly bind his goods or in any way renounce them, as also benefices.

For at least eight solid days, the novice must send spiritual exercises before the vows to be pronounced.

But before the first temporary profession is made, and then before perpetual profession, the Superioress of religious women must admonish the Ordinary of the place at least two months beforehand, so that by himself or through a delegate he may explore the conscious and free will of the religious woman (c. 552, §2).

— I. Various Notions and Divisions. Profession is distinguished as simple and solemn, which differs from the former in conditions and effects. But solemn vows are those which are recognized by the Church as such (c. 1308); these are vows plainly authentic. The greater firmness and efficacy which is connected with them bring it about that one solemnly professed is judged more perfectly consecrated to God, more fully deputed by the Church to professing the religion of the counsels.

Simple profession is either temporary or perpetual. In any religion of perpetual vows, for validity of perpetual profession, the novice must, in the very house of novitiate, send before perpetual vows a profession of simple vows to be valid for a triennium, or, if the age required for perpetual profession is farther away, until that age, "unless the constitutions require annual professions." The legitimate Superior can prolong that time for individual religious for a just cause, for example for six months, for a year, for two years, indeed for three, but not beyond (c. 574).

Yet to not a few Institutes it has already been conceded that perpetual profession be prepared by temporary vows for six years.

That temporary profession is to be made in the very house of novitiate.

But no profession before the age of sixteen completed years can validly be made; perpetual profession requires the twenty-first year completed.

Profession is not valid unless it is express, unless the legitimate Superior has admitted to it, and unless it is received by the legitimate Superior, by himself or through another. Cf. c. 572. Wherefore, in institutes of pontifical law, no priest of himself is to be delegated by the Ordinary of the place to receive profession or assist at it. Yet reception by the Ordinary or his delegate can be prescribed by Constitutions.

— II. Admission to the Novitiate and to Profession. But to admit to the novitiate and to professions belongs to Major Superiors with the suffrage of the chapter or council, which is deliberative for the first temporary profession, consultative for perpetual profession (cc. 543 and 575). For other temporary professions, the constitutions are to be observed. The space of vows having elapsed, these are to be renewed immediately, on the very day recurring on which they were made, with consideration of the hour neglected. Yet Superiors are given the faculty of anticipating, not beyond a month, the renewal of temporary vows; but when the time of temporary profession has passed, the religious is either to be admitted to perpetual profession or is to be dismissed (cc. 575 and 577).

— III. Effects of Profession. 1. All professed enjoy the privileges and spiritual graces of their religion, and, after death, have a right to the same suffrages; and they are held by the same obligation of religious discipline. Yet where there is an obligation of choir, with an express disposition of the constitutions saved, temporary profession does not impose private recitation of the office.

Likewise, with an express disposition of the constitutions saved, the professed of temporary vows lack active and passive voice; but the time prescribed for acquiring it is computed from first profession. "After a year from any religious profession, parochial benefices are vacant; after three years, the rest" (c. 584).

2. Simple profession, with special law saved, renders acts contrary to the vows illicit, not invalid, and leaves to the professed temporal goods with the capacity of acquiring others; in religious Congregations, the professed are forbidden to abdicate the ownership of their goods by gratuitous title.

"But whatever the professed acquires by his own industry or by reason of religion, he acquires for the religion" (c. 580, §2).

3. Within sixty days before solemn profession, with special indults of the Holy See saved, one simply professed must renounce all goods which he actually has, to whomever he prefers, under condition of profession to follow; after solemn profession, care is to be taken, according as opportunity exists, that the abdication be made firm civilly; but goods which afterward come to the professed yield to the religion, if this is capable of possessing; in an Order incapable, they are acquired in ownership for the Holy See. But acts contrary to the vows, if they are capable of being annulled, are made invalidly by those solemnly professed.

4. One professed from perpetual vows by the law itself loses the proper diocese which he had in the world (c. 585).

— I. Any Catholic not impeded can be received among religious; and suitability with a right intention suffices for lawful entrance, so that one willing, especially if the will is firm, may judge himself divinely called.

But in a religion with perpetual vows, all lay brothers and all women must be proved in postulancy before the novitiate for at least six months, and be occupied with spiritual exercises for eight whole days.

From common law itself, the following are invalidly admitted to the novitiate: those who, apostates from the Catholic faith, have given their name to a non-Catholic sect; those who are not yet fifteen years old; those who, induced by force, grave fear, or fraud, enter religion, or whom the Superior receives induced in the same way; a spouse; those who are bound or have been bound by the bond of religious profession; those to whom a penalty is imminent on account of a grave delict; a bishop, even titular and merely designated by the Pontiff; clerics for the time during which, from an institute of the Holy See, they are held by a contrary oath. Illicitly admitted are: clerics in sacred orders, without the Ordinary of the place having been consulted; those burdened by debt; those subject to rendering account; sons necessary to parents and parents necessary to children; those destined to the priesthood, from which they are barred by irregularity or canonical impediment; Orientals in Latin religions without written permission of the Sacred Congregation for the Oriental Church.

Besides, they must bring testimony of baptism and confirmation; and have testimonial letters, sometimes sworn, which the law requires.

Aspirants to be nuns, but other religious women according as is required by the constitutions, must furnish a fixed dowry, inalienable and to be invested prudently, in a mode approved by the Ordinary of the place and the regular Superior. Two months before the novitiate, before first profession, and before perpetual profession, the Ordinary must be admonished by the Superioress, so that by himself or through another he may explore the conscious and free will of the aspirant or religious woman.

II. For validity, the novitiate must be made at least for one whole and continuous year in a legitimate house of novitiate. Absence beyond thirty days, just as departure from the house after dismissal or after the spontaneous plan of bidding farewell, interrupts it. Absence beyond fifteen days is to be supplied.

Novices enjoy the privileges and, after death, the suffrages of the institute. Before profession, they must cede the administration of their goods; and dispose concerning the usufruct and use, insofar as the constitutions permit this. During the novitiate they cannot bind goods or renounce them. In a religious Congregation they must make a testament.

III. The professed make vows, some simple, which are temporary or perpetual; with a peculiar privilege saved, temporary vows for at least three years must be put before perpetual vows. The Superior can prolong that time for a just cause, yet in such a way that temporary vows do not persevere beyond six years. Others emit vows which are accepted by the Church as solemn. First profession must be made in the novitiate itself; but none is valid unless it is express, unless the legitimate Superior has admitted the novice to it, and unless it is received by the legitimate Superior, by himself or through another. The one receiving can be the Ordinary himself, if the Constitutions so bear. Major Superiors admit to the novitiate and to professions, with the suffrage of the chapter or council, and this deliberative for first temporary profession. Renewal of temporary vows can be anticipated by one month; but it cannot be deferred.

All professed are held by the same obligation of observing discipline, with an express disposition of the Constitutions saved; those temporary do not have to recite the canonical hours privately from common law; they keep their goods, with the capacity of acquiring others, with benefices excepted, which are vacant after three years, indeed after one year if they were parochial. In religious Congregations, they are forbidden to abdicate their goods by gratuitous title. Within sixty days before solemn profession, the professed must renounce all goods under condition of the profession to follow; goods which afterward come to them yield to the religion, or, in an incapable Order, to the Holy See. Whatever any professed acquires by his own industry or by reason of religion, he acquires for the religion.

But the professed from perpetual vows lose their own diocese.