§ II. On the Novitiate

I. Requisites for someone to be admitted to the novitiate. From can. 542, 1st:

1. The following are invalidly admitted to the novitiate:

a) Those who have adhered to a non-Catholic sect. It suffices that they have adhered, even if they do not actually adhere. It is not sufficient that someone was born in heresy or has heretical blood-relations,¹ or that he was baptized outside the Catholic Church; but it is required that after the seventh year he was publicly enrolled in a non-Catholic sect, and - so some say - that he was not converted to the Catholic Church before the fourteenth year.² The impediment does not regard one who has been an apostate.

b) Those who do not have the age required for the novitiate. The completed fifteenth year of age is required (can. 555, § 1, 1st). At the beginning of the novitiate, the last day of the fifteenth year should have been completed (can. 34, § 3, 3rd).

c) Those who enter religion induced by force, grave fear, or fraud, or whom the Superior, induced in the same way, receives. Fear merely concomitant is not sufficient; but, considering the word induced, such fear is required as was the cause of entrance; likewise grave fear is required, although relatively grave fear suffices, so that reverential fear, at least if importunate prayers, etc., are added, would constitute an impediment.

d) A spouse, while the marriage lasts.

e) Those who are bound or have been bound by the bond of religious profession. It suffices that one be bound or have been bound by temporary profession.

f) Those over whom a penalty is impending because of a grave delict committed, concerning which they have been accused or can be accused.

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

h) Clerics who, from an institute of the Holy See,³ are held by oath to devote their work to the good of their diocese or of the missions, for the time during which the obligation of the oath endures.

2. From can. 542, 2nd, the following are illicitly admitted:

a) Clerics constituted in sacred orders, without consultation with the local Ordinary, or with the same Ordinary contradicting it because their departure would result in grave detriment to souls which could in no other way be avoided.

b) Those burdened with debt, who are not able to pay. The debt should not have arisen from a mere promise which obliges from fidelity alone. If someone, with debts not paid, has emitted profession, he is bound to pay, for example when an inheritance has been received, etc.; but he can accept the inheritance even if he has emitted solemn profession, because the ecclesiastical law standing in the way of acceptance seems not to be in force to the harm of a third party having a right.

c) Those liable to render an account or implicated in other secular business, from which the religion could fear lawsuits and troubles.

d) Children 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. Grief to be caused to parents by entrance into religion does not suffice. Some except grief that is very grave because of special circumstances; this, however, is altogether doubtful to me. If there is question of a brother or sister, grave necessity does not constitute an impediment; but extreme necessity, from natural law, requires that entrance at least be deferred (St. Alphonsus IV, 70).

Question. Whether a son ought to leave in order to help parents constituted in grave necessity after his entrance.

Response 1. He should not leave if he can help by remaining in religion; nor should he leave definitively if departure for a time or exclaustration according to the norm of can. 638 suffices.

Response 2. If he cannot help unless he leaves, it must be said thus: 1st, if there is question of a novice, he ought to leave. 2nd, If there is question of a professed religious, he should not leave in order to help a brother or sister even constituted in extreme necessity; in order to help parents, grandfather, or grandmother he is bound to leave if the necessity is extreme; likewise if grave necessity already existed before profession (St. Alphonsus IV, 67).

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

f) An Oriental in Latin religions without permission given in writing by the Sacred Congregation for the Oriental Church.

3. Things to be noted:

a) The right of admitting to the novitiate and to subsequent religious profession, both temporary and perpetual, pertains to major Superiors with the vote of the Council or Chapter, according to the particular constitutions of each religion (can. 543).

b) With regard to testimonials to be brought, these things have been established:

a) In any religion, all aspirants, before they are admitted, must present a testimonial of baptism and confirmation received (can. 544, § 1).

b) Male aspirants must besides present testimonial letters of the Ordinary of origin and of each place in which, after the completed fourteenth year of age, they have stayed beyond a morally continuous year, every contrary privilege being removed (can. 544, § 2).

c) If there is question of admitting those who have been in a Seminary, college,⁴ or in the postulancy or novitiate of another religion, there are required besides testimonial letters, given for the diverse cases by the rector of the Seminary or college, after the local Ordinary has been heard, or by the major Superior of the religion (can. 544, § 3).

d) For clerics to be admitted, besides the testimonial of ordination, testimonial letters of the Ordinaries in whose dioceses after ordination they have stayed beyond a morally continuous year are sufficient, with the prescription of § 3 preserved (can. 544, § 4).

e) For a professed religious passing to another religion by apostolic indult, the testimonial of the major Superior of the prior religion is sufficient (can. 544, § 5).

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

c) With regard to things to be observed by the one giving a testimonial, these have force:

a) Those who must give testimonial letters from the prescription of law should give them gratuitously, within the space of three months from their request, not to the aspirants themselves, but to the religious Superiors, closed with a seal and, if there is question of those who have been in a Seminary, college, or in the postulancy or novitiate of another religion, confirmed by the oath of the Superior (can. 545, § 1).

b) If for reasons they have judged that they cannot respond to them, they should set out the causes to the Apostolic See within the same time (can. 545, § 2).

c) If they have replied that the aspirant is not sufficiently known, the religious Superior should supply this by another accurate investigation and a trustworthy report; but if they have replied nothing, the Superior making the request should inform the Holy See concerning the response not received (can. 545, § 3).

d) In their testimonial letters, after they have instituted a diligent investigation, even through secret information, they must report, their conscience being gravely burdened concerning the truth of the things set forth, about the aspirant's birth, morals, talent, life, reputation, condition, knowledge; whether he has been investigated, 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 in the postulancy or novitiate of another religion, for what cause they were dismissed or departed of their own accord (can. 545, § 4). His own family, that is, parents, grandfather, and grandmother (cf. can. 552, 2nd), likewise brothers and sisters according to the norm of the things said on p. 816.

All who have received the aforesaid information are held by a strict obligation of preserving secrecy concerning the information had and the persons who gave it (can. 546).

d) In monasteries of nuns, the postulant should bring the dowry established in the constitutions or determined by legitimate custom (can. 547, § 1); wherefore the statutes of canons 547-551 should be observed. In religions of simple vows, as regards the dowry of religious women, the constitutions must be followed (can. 547, § 3).

e) The Abbess or Superior of religious women, even exempt, must inform the local Ordinary at least two months before the next admission to the novitiate and to profession, whether temporary or perpetual, solemn or simple. The local Ordinary, or, if he is absent or impeded, the priest deputed by him, should diligently and gratuitously investigate the will of the aspirant at least thirty days before the novitiate and before profession, as above, but not entering the enclosure, as to whether she has been forced or seduced, and whether she knows what she is doing; and if it is plainly established concerning her pious and free will, then the aspirant can be admitted to the novitiate or the novice to profession (can. 552).

¹ Holy Office, 3 February 1898, ad I (Collectanea, n. 1990).

² Cf. Holy Office, 8 March 1882 (Collectanea, n. 1566).

³ These things do not seem to regard those who have been ordained by title of mission according to the norm of can. 981, because common law is not customarily called an institute of the Holy See.

⁴ More probably it is required that the alumnus or girl was in a religious institute, that is, in such an institute in which students are instructed for the priesthood or for religious life or at least also for these; for can. 544, § 3 corresponds to the decrees of the Sacred Congregation of Religious, 5 April 1910 and 4 January 1910, where there is discussion only of institutes of this kind. Hence if someone has been both in a Seminary or college and in the postulancy or novitiate of another religion, testimonials are required both from the Rector of the Seminary or college and from the major Superior of the religion.

II. Formation of novices.

1. Beginning of the novitiate. The novitiate begins with reception of the habit, or in another manner prescribed in the constitutions (can. 553).

2. House of the novitiate; cf. can. 554.

3. Requisites for the validity of the novitiate. Besides those things which can. 542, 1st (n. 1224) and can. 543 (p. 816) enumerate for the validity of the novitiate, the novitiate, in order to be valid, must be completed: 1st, after at least the completed fifteenth year of age; 2nd, through an entire and continuous year; 3rd, in the house of the novitiate (can. 555, § 1). If a longer time is prescribed in the constitutions for the novitiate, that is not required for the validity of profession, unless something else is expressly said in those constitutions (can. 555, § 2).¹

Note 1. One who begins the novitiate on 29 September cannot emit profession except on 30 September of the following year, because the beginning of the novitiate does not fall, or at least is not considered to fall, at the beginning of the day, that is, at midnight of the day 29 September (can. 34, § 3, 3rd).² Nevertheless one who in a leap year begins the novitiate on 29 February can emit profession on 1 March of the following year (can. 34, § 3, 4th).

Note 2. The novitiate is interrupted, so that it must be begun and completed anew, if the novice, dismissed by the Superior, has gone out from 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 the Superiors (can. 556, § 1). If the novice has remained outside the enclosure of the house beyond fifteen but not beyond thirty days, even non-continuous, by permission of the Superior or compelled by force, under the obedience of the Superior, for the validity of the novitiate it is necessary and sufficient to supply the days passed in this way; if not beyond fifteen days, the supplement can be prescribed by the Superiors, but is not necessary for validity (can. 556, § 2). Superiors should not grant permission of remaining outside the enclosure of the novitiate except for a just and grave cause (can. 556, § 3). If a novice is transferred by the Superiors into another house of novitiate of the same religion, the novitiate is not interrupted (can. 556, § 4). But if by the transfer it is brought about that the novice remains beyond thirty days, whether continuous or not continuous, outside the house of novitiate, the novitiate is interrupted.

4. The master of novices and his associate; let canons 559-565 be compared.

5. Confessors of novices; cf. the tract on Penance.

¹ Cf. Sacred Congregation of Religious, 3 November 1921 (Acta Apostolicae Sedis 1921, p. 539), where there is discussion of works to be performed in the second year of novitiate.

² Cf. Pontifical Commission, 12 November 1922, under 2nd (Acta Apostolicae Sedis 1922, p. 661).

III. Obligations of novices.

1. They are held to observe the rules established for them; likewise to obey the Master and the Superior (can. 561, § 2).

2. In monasteries of nuns they are held by the law of enclosure. For if this has force for postulants (can. 540, § 3), a fortiori it has force for novices.

3. In the course of the novitiate, if a novice has renounced his benefices or goods in any way, or has obligated the same, the renunciation or obligation is not only illicit, but null by the law itself (can. 568). Except compensation for the expenses of postulancy and novitiate (can. 570, § 1). The law does not regard postulants, as it seems, concerning whom there is no discussion.

4. At the end of the novitiate, before first profession, a novice must: 1st, cede the administration of his goods to whomever he wishes; 2nd, freely dispose concerning the use and usufruct of his goods, unless nevertheless the constitutions provide otherwise (can. 569, § 1). Now "Constitutions approved before the promulgation of the Code are to be observed whether they take away from novices the right of disposing concerning the use and usufruct of their goods, or whether they limit or predetermine this right."¹ If the said cession and disposition has been omitted because of lack of goods and these later supervene, or if it has been made and afterwards other goods by any title come to him, it should be made or repeated according to the norms established in § 1, notwithstanding simple profession already emitted (can. 569, § 2). Now:

a) The prescribed cession and disposition also regard novices of Orders.

b) The cession, and likewise, unless the constitutions provide otherwise, the disposition regarding use and usufruct, must regard the whole time during which the novice will be bound by simple vows (can. 569, § 1); hence it persists until death if he never emits solemn vows. With regard to those who will emit solemn vows, the disposition made ceases after the renunciation of goods prescribed by can. 581, § 1, and the solemn profession following it.

c) It is not required that the disposition have force before the law;² nevertheless it is expedient that it be made in writing, with the date and signature of the novice and of the major Superior added.

5. A novice in a religious Congregation before profession of temporary vows should freely make a testament concerning present goods or goods perhaps to come (can. 569, § 3). Now the canon regards only religious Congregations, not Orders. The reason is that members of an Order renounce goods before solemn profession (can. 581, § 1). It is disputed whether it regards members of an Order who never emit solemn vows.

¹ Pontifical Commission, 13 July 1930, ad I (Acta Apostolicae Sedis 1930, p. 365).

² Pontifical Commission, 16 October 1919 (Acta Apostolicae Sedis 1919, p. 478); cf. Norms of the Sacred Congregation of Bishops and Regulars, n. 118 (28 June 1901).

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