§ III. On Religious Profession

I. Requisites for the validity of profession. 1. For the validity of any religious profession it is required that: 1st, the one who is going to emit it have the legitimate age according to the norm of can. 573;¹ 2nd, a legitimate Superior admit him to profession according to the constitutions; 3rd, a valid novitiate according to the norm of can. 555² 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, either personally or through another³ (can. 572, § 1).

2. But for the validity of perpetual profession, whether solemn or simple, it is required besides that simple temporary profession have preceded according to the norm of can. 574 (can. 572, § 2). Now in canon 574 it is declared:

¹ Can. 573 establishes: Anyone who is going 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 profession, whether solemn or simple.

² Cf. n. 1225.

³ Therefore religious societies in which vows are not accepted by a Superior, such as the Congregation of the Daughters of St. Vincent de Paul, do not pertain to religions properly so called (Fanfani, n. 185). - When in the Constitutions of a Religious Congregation of pontifical right no mention is made of the Abbess or Superior in the formula of profession, but only of the Bishop or his delegate, then the Bishop or his delegate is to be held the legitimate superior according to the Constitutions for receiving profession, as having a legitimate mandate (Pontifical Commission, 1 March 1921, Acta Apostolicae Sedis, p. 178).

II. Necessity of placing temporary profession before perpetual profession. In any Order, both of men and of women, and in any Congregation which has perpetual vows, after the completed novitiate, in the house of the novitiate itself, the novice must place before perpetual vows, whether solemn or simple, with the prescription of can. 634 preserved, a profession of simple vows to be valid for three years, or for a longer time if the age required for perpetual profession is farther distant, unless the constitutions require annual professions (can. 574, § 1). Nevertheless note:

1. When the time for which temporary profession was emitted has elapsed, the legitimate Superior can extend the time to be passed before perpetual profession, but not beyond three years (can. 574, § 2).

2. In the case in which the Superior extends the time to be passed before perpetual profession, the religious, when the time for which the vows were pronounced has elapsed, should renew profession at once (can. 574, § 2; 577, § 1). Nevertheless Superiors have the faculty, for a just cause, of permitting the renewal of temporary vows to be anticipated for some time, though not beyond a month (can. 577, § 2).

3. The Pontifical Commission¹ declared that three years of temporary vows are not to be placed before profession in those institutes of simple vows in which vows are emitted under this or a similar appended condition: "As long as I live in the congregation," so that the alumnus, whether he departs voluntarily or is dismissed by the superiors, by that fact becomes free from the vows.

4. With regard to young men to be enrolled in military service, compare the Decree of the Sacred Congregation of Religious Inter reliquas;² likewise the response of the same Sacred Congregation dated 15 July 1919.³

¹ 1 March 1921 (Acta Apostolicae Sedis 1921, p. 177).

² 1 January 1911 (Acta Apostolicae Sedis 1911, p. 37).

³ Acta Apostolicae Sedis 1919, p. 321.

III. Prescriptions when the time of temporary profession has elapsed. When the time of temporary profession has elapsed, the religious, according to the norm of can. 637,¹ should either emit perpetual profession, solemn or simple according to the constitutions, or return to the world. But even during the time of temporary profession, if he is not considered worthy to pronounce perpetual vows, he can be dismissed by the legitimate Superior according to the norm of can. 647 (can. 575, § 1). The vote of the Council or Chapter for first temporary profession is deliberative; for subsequent perpetual profession, solemn or simple, it is only consultative (can. 575, § 2).²

Here, however, note with regard to solemn perpetual profession to be emitted: One who is going to emit a solemn vow, within sixty days before solemn profession, with particular indults granted by the Holy See preserved, must renounce all goods which he actually has, to whomever he wishes, under the condition that profession will follow (can. 581, § 1). Once profession has followed, all things should immediately be done which are necessary so that the renunciation may obtain effect also in civil law (can. 581, § 2).

¹ Can. 637 declares: One professed by temporary vows, when the time of the vows has elapsed, can freely leave the religion; likewise the religion, for just and reasonable causes, can exclude the same person from renewing temporary vows or from emitting perpetual profession, but not by reason of infirmity, unless it is certainly proved that it was fraudulently concealed or disguised before profession.

² With regard to suffrages, it was asked whether they have force "even if constitutions previously approved by the Holy See provide otherwise." The Pontifical Commission, on 16 October 1919, responded: "Affirmatively and according to the mind. The mind is: Orders and religious Congregations can prescribe suitable and the same suffrages for all ... temporarily professed and professed of solemn vows or professed of perpetual simple vows, in their constitutions to be amended and presented for approval to the Sacred Congregation of Religious, according to the norm of the same Sacred Congregation's Decree of 26 June 1918."

IV. Effects of profession. It is enough to note the effects:

1. With regard to graces. Those professed by temporary vows enjoy the same indulgences, privileges, and spiritual graces which those professed by solemn vows or those professed by perpetual simple vows enjoy; and if they are overtaken by death, they have a right to the same suffrages (can. 578, 1st).

2. With regard to obligations. Those professed by temporary vows are held by the same obligation as those professed by solemn vows or those professed by perpetual simple vows of observing the rules and constitutions; but where the obligation of choir is in force, 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 (can. 578, 2nd).

3. With regard to acts. 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 capable of being invalidated, renders them also invalid (can. 579).

4. With regard to the right of retaining and acquiring goods and of disposing of goods, n. 1245 should be compared.

5. Finally, after a year from any religious profession emitted, parochial benefices become vacant; after three years, other benefices (can. 584). One professed by perpetual vows, whether solemn or simple, loses by the law itself the proper diocese which he had in the world (can. 585).

V. Convalidation of an invalid profession. Religious profession invalid because of an external impediment does not become valid by subsequent acts, but it is necessary that it be sanated by the Apostolic See, or emitted anew legitimately, once the nullity is known and the impediment has been removed (can. 586, § 1). But if it was invalid because of a merely internal defect of consent, once this has been supplied, it becomes valid, provided consent on the part of the religion has not been revoked (can. 586, § 2).