Chapter V: On Departure from Religion

— I. Licit departures (cc. 637-643). 1. When the time of vows has been completed, a professed religious can freely leave the religion.

2. Through an indult of exclaustration, dwelling outside the cloister is permitted for a definite time or while the cause subsists. Then the professed religious observes the obligations which can be composed with his state; in place of the Superiors of his own religion, he is subject to the Ordinary of the territory where he dwells, also by reason of the vow of obedience; nevertheless he must lay aside the exterior form of the religious habit, unless, because of a peculiar cause, he who grants the indult determines otherwise.

For religions of pontifical law only the Apostolic See can grant this indult; for religions of diocesan law, the local Ordinary also can grant it.

3. Through an indult of secularization, which the local Ordinary himself can grant for a religion of diocesan law, the religious is fully separated from his religion and, freed from vows and religious obligations, is fully assimilated to seculars. If he had been a religious in sacred orders, he must return to his own diocese; if he has lost this, he cannot, with another disposition of the Holy See saved, exercise sacred orders until he has found a bishop as benevolent receiver. But the bishop can receive the religious either purely and simply, or for experiment for three years; this time he can prolong once. After the second triennium has elapsed, the religious remains incardinated.

Nevertheless many offices cannot be conferred, without a new indult of the Holy See, on a secularized man who had been professed of perpetual vows; indeed, neither on one dispensed from temporal vows, or from an oath of perseverance, or from peculiar promises of his Institute, if he had been bound by them beyond six years.

— II. Illicit departures (cc. 644, 645, 2385, 2386). 1. Through apostasy from religion: this delict is committed only by a professed religious of perpetual vows, who illegitimately goes out from the religious house with the mind of not returning, or who, even if he has legitimately gone out, does not return, with the intention that he withdraw himself from religious obedience. And he is presumed an apostate who has not returned within a month, nor has manifested to the Superior his intention of returning.

2. Through flight, which he commits who, without the Superior's license, deserts the religious house with the mind of returning to the religion. Yet he is not considered a fugitive who merely goes out for a walk without license: it is necessary that for some time, for instance for two or three days, he wished to be his own master.

Fugitives and apostates are to be sought diligently, and the penitent must be received. Apostates, besides other penalties, contract by the fact itself an excommunication reserved to their own major Superior, or, if the religion is lay or non-exempt, to the local Ordinary in the place where they are staying.

Fugitives by the fact itself incur privation of office, if they had any in religion, and suspension reserved to their own major Superior.

Dismissal is one kind by the law itself, another pronounced by decree of the Superior.

— Those are held as legitimately dismissed by the law itself: 1. public apostates from the Catholic faith; 2. a religious man who has taken flight with a woman, or a religious woman who has taken flight with a man; 3. those attempting or contracting marriage, or even a bond, as they say, civil (c. 646, §1).

Then it suffices that the major Superior, with his Chapter or Council, declare the fact and preserve the proofs (c. 646, §2).

— By decree of the Superior. 1. When the time of vows has elapsed, professed religious can be dismissed for just and reasonable causes, but not because of infirmity, unless it is certainly proved that it had been fraudulently kept silent or dissembled before profession (c. 637).

2. While temporal vows endure, they can be dismissed for grave causes, whether on the part of the religion or on the part of the religious. In Orders or Congregations of pontifical law, the Superior General dismisses, or the Abbot of a monastery sui iuris, with the consent of each one's Council, manifested through secret votes; if there is question of nuns, there dismisses, according to the case, either the local Ordinary or the regular Superior to whom they are subject, after the Superioress with her Council has given attestation of the causes in writing; in Congregations of diocesan law, the local Ordinary in whose territory the religious house is situated dismisses: he is admonished not to use his right with the moderators unaware or justly dissenting.

If the dismissed religious has recourse to the Holy See in due time, while the recourse is pending the dismissal effects nothing.

A religious thus dismissed is assimilated to one secularized; if he had been a cleric in minor orders, by that very fact he is reduced to the lay state (cc. 647, 648).

3. After perpetual vows (cc. 649-672):

a) either there is question of a professed man. Then it is necessary that grave, external, certain delicts have preceded, three in number formally or virtually, from obstinacy after two warnings which, if there is question of a continued delict, must be separated by a space of at least three days, and must always be made with opportune admonitions and the threat of dismissal added. Then, in an exempt clerical religion, the process, every privilege having been removed, must be judged by the tribunal of the general moderator, yet in such a way that the sentence of expulsion must be confirmed by the Sacred Congregation for Religious before it is completed by execution. Yet for distant regions, the Superior General, with the consent of his Council, can commit judgment to three upright and prudent men. In a non-exempt religion of pontifical law, the supreme Moderator issues a decree of expulsion, which the Holy See must confirm before execution; in a religion of diocesan law, the whole matter to be decided is committed to the local Ordinary. A free exposition of his reasons must always be permitted to the accused, and his responses must be faithfully reported in the acts;

b) or there is question of a professed woman. Grave exterior causes also, and incorrigibility proved by experiment, are prerequisites. The Superioress judges concerning this matter; and place for the free defense of the religious woman to be blamed must be given. But she herself never pronounces the sentence or issues the decree of expulsion; rather, if there is question of religious women of diocesan law, or, as it seems to us, in Belgium and in France, of nuns who have been reduced to simple vows, the Ordinary issues the decree of dismissal; if there is question of nuns or of Sisters of pontifical law, the acts must be transmitted to the Sacred Congregation, which will decree what seems more expedient. The acts of nuns are transmitted by the local Ordinary with both his own vote and that of the regular Superior, if there is one; the acts of Sisters are sent by the supreme Moderatrix;

c) whether there is question of a man or of a woman, in the case of grave exterior scandal or of very grave harm threatening the community, the religious man or religious woman can be expelled immediately. If there is question of one professed of an exempt clerical religion, the major Superior, or if the matter is too urgent the local Superior, but he with the consent of his Council, sends the accused back to the world, the religious habit being laid aside at once, and the process is immediately made if it has not yet been instituted. If there is question of a professed man or woman of a religion of pontifical law, the major Superior, with the consent of his Council, or, if the matter is too urgent, the local Superior with the assent of his Council and of the local Ordinary, dismisses the accused man or woman, the religious habit being laid aside at once, yet in such a way that the matter is submitted without delay to the judgment of the Holy See through the Ordinary or major Superior. If there is question of a professed man or woman of diocesan law, or of a nun of Belgium or France, the matter seems able to be resolved by the local Ordinary;

d) a professed religious thus dismissed remains bound by the vows, unless the constitutions or indult of the Holy See provide otherwise. If he had been a cleric constituted in minor orders, by that very fact he has been reduced to the lay state. But if he had been in sacred orders and had committed a delict because of which he is dismissed by the law itself (c. 646), or which is punished by infamy of law, or deposition, or degradation, he is perpetually prohibited from wearing ecclesiastical habit. Otherwise he remains suspended by the fact itself until he has obtained absolution from the Holy See. If, as is established of itself, he has observed the vows, he may return to the cloister; and if for three years he has given arguments of full amendment, the religion must receive him. Grave reasons which stand in the way of admission are to be submitted to the Holy See.

— I. 1. A religious departs licitly when the time of vows has been completed; when an indult of exclaustration has been obtained for a definite time or while the cause subsists; or when an indult of perpetual secularization has been obtained, which the Ordinary can grant to a religious of diocesan law.

2. One departs illicitly through apostasy from religion, which delict is proper to one professed of perpetual vows; and through the flight of one who, without license, goes out so that for at least some days he may live as his own master. Apostates and fugitives are punished with penalties.

II. 1. Public apostates from the Catholic faith are held as dismissed by the law itself; also a religious man who takes flight with a woman or a religious woman who takes flight with a man; and those attempting or contracting marriage, or even a bond, as they say, civil.

2. By decree of the Superior, professed religious can be dismissed for just and reasonable causes when the time of vows has elapsed; for grave causes while temporal vows endure; and religious thus dismissed are assimilated to secularized persons; and, if in minor orders, they are reduced to the lay state. Infirmity not fraudulently kept silent is always excluded as a cause of dismissal.

After perpetual vows, the dismissal of a man must be preceded by grave, external, certain delicts, three in number formally or virtually, after two warnings to be made, with opportune admonitions and the threat of dismissal added. In an exempt clerical religion of pontifical law, the process must be instituted by the tribunal of the general moderator, yet in such a way that the sentence of expulsion must be confirmed by the Holy See. In a lay or non-exempt religion of pontifical law, the supreme moderator issues a decree of expulsion which the Holy See must confirm; in a religion of diocesan law, the matter to be decided is committed to the local Ordinary. - The dismissal of a woman of perpetual vows demands grave exterior causes and incorrigibility proved by experiment. If there is question of nuns or Sisters of pontifical law, the acts must be transmitted to the Sacred Congregation, which is to establish what seems more expedient. In a religion of diocesan law, the Ordinary issues the decree of dismissal.

Yet in the case of grave exterior scandal or of very grave harm threatening the community, a religious man or religious woman can be dismissed immediately.

One dismissed of himself observes the vows; in minor orders he is reduced to the lay state; in sacred orders, he is at least suspended, or is punished more gravely.

Having amended for three years, of himself he is again to be received.