Validity of religious profession

PROFESSION is the promise lawfully made and accepted by which a religious binds himself to observe the vows of poverty, chastity, and obedience, according to the constitutions of his order.

For the validity of any religious profession whatever it is required: (1) That he who makes it be of the legitimate age, so that he must have completed for the temporary profession, his sixteenth year, and for the perpetual profession whether solemn or simple, his twenty-first year.

(2) That the legitimate superior according to the constitutions admit him to profession.

(3) That it be preceded by a valid novitiate according to the terms of Canon 555.

(4) That the profession be free from violence, grave fear, or fraud. -(5) That it be expressed in formal terms.

(6) That it be received by the legitimate superior according to the constitutions, either personally or by delegate.

(7) For the validity of the perpetual profession, whether solemn or simple, it is required besides that it be preceded by a temporary simple profession. Except in the case of a professed religious who joins another institute, in every order with solemn vows both of men and of women, and in every congregation with perpetual vows, the perpetual vows, whether solemn or simple, must be preceded by the profession of simple vows, which the novice on the completion of his novitiate shall make in the novitiate house itself, this profession is valid for three years, or for a longer period if the subject requires more than three years to attain the age prescribed for perpetual profession, unless the constitutions require annual profession (Can. 572-574).

Simple profession, whether temporary or perpetual, renders acts contrary to the vows illicit, but not invalid, unless it be otherwise formally expressed; while solemn profession renders such acts also invalid if they can be nullified (Can. 579).

"... As regards religious families of whatever Order, Congregation, and Institute in which solemn vows are emitted, we establish and decree that the profession of solemn vows will be entirely null, void, and of no force, whether knowingly or ignorantly, in whatever way, pretext, and color, made by any novices whatever, even lay and conversi, who, although they have completed probation and novitiate as by law, do not first emit the profession of simple vows and remain in it for a full three years; although either by the Superiors, or by the novices, or by each, there is held respectively the intention of receiving to solemn vows and emitting them, and all the rites prescribed for the profession of solemn vows are employed." Brief of Pius IX Ad universalis Ecclesiae, 7 Feb. 1862. Solemn profession can for just causes be further deferred by the Superior General or Provincial, not however beyond the age of completed 25 years. Encyclical Letter of the S. C. over the State of Regulars Neminem latet, 19 March 1857, to which for the dominion of the Austrian empire this Instruction was added: "... But particular circumstances of things require that in religious houses constituted in the announced dominion the profession of solemn vows be deferred according to the custom and practice introduced there for some years now. Wherefore this is the mind and will of His Holiness, that Regular Superiors should use the faculty attributed to them in the said decree, namely of deferring the profession of solemn vows, according to the above-mentioned custom and practice." Cf. Francis Sentis, Clementis Papae VIII Decretales, Freiburg im Breisgau, 1870, p. 81.

"Those who perhaps have put on the habit of Religion when already older than 25 years, or near this age, can, when the year of Novitiate has already been completed, be admitted to solemn vows and profession, or must the three-year period of further probation also be awaited with such persons? Resp. In the negative to the first part; in the affirmative to the second." S. C. over the State of Regulars, 20 Jan. 1860.

"Whether in the case in which a secular priest, who has long since passed the year 25, has sought and obtained the habit, solemn profession, namely of solemn vows, can be deferred for him, after the profession of simple vows has been emitted, beyond the customary three-year period, if namely within the three-year period of simple vows he has not given sufficient arguments concerning his vocation? Resp. In the negative, namely, that it cannot be deferred." S. C. 16 Aug. 1866. "They declared nevertheless that recourse must be had to the Sacred Congregation in particular cases in which some peculiar cause concurs." Bizzarri, Collectanea, p. 867, ed. 1885.

"Those professed of simple vows must remain in the houses of the professed and of studies, and observe perfect common life. For the valid emitting of solemn vows after simple vows, express profession is required, and therefore tacit profession is entirely abrogated." Same Sacred Congregation, 12 June 1858. "The Most Holy Lord... established and constituted that, notwithstanding the Apostolic Letters of Clement VIII and any other contrary things whatever, those professed of simple vows can lawfully and freely emit the profession of solemn vows in their time in the Convent or House in which they are found, the other things to be observed by law nevertheless being observed, without being bound to profess in the house where the Novitiate was completed." Same Sacred Congregation, 9 Dec. 1859. Cf. Decrees of Clement VIII Regularis disciplinae, 12 March 1596; Sanctissimus in Christo Pater, 20 June 1599; Nullus omnino, 25 June 1555; Const. of Urban VIII Sacra Congregatio, 21 Sept. 1624.

“…With regard to religious families of whatever Order, Congregation, and Institute in which solemn vows are emitted, We establish and decree that any profession of solemn vows whatsoever, made either knowingly or unknowingly, in any manner, under any pretext and color, by any novices whatsoever, even lay novices and conversi, who, although they have completed probation and the novitiate as required by law, have not first emitted a profession of simple vows and remained in it for a complete three years, shall be wholly null, invalid, and of no force, even though either the Superiors, or the novices, or both respectively have the intention of receiving and being received to solemn vows and of emitting them, and all the rites prescribed for the profession of solemn vows are employed.” Brief of Pius IX Ad universalis Ecclesiae, 7 February 1862.—Solemn profession can for just causes be further deferred by the Superior General or Provincial, but not beyond the completed age of twenty-five years. Encyclical Letter of the Sacred Congregation on the State of Regulars Neminem latet, 19 March 1857, to which this Instruction was added for the territory of the Austrian Empire: “…But the particular circumstances of affairs require that in religious houses situated in the aforesaid territory the profession of solemn vows be deferred according to the custom and practice introduced there for some years past. Therefore, it is the mind and will of His Holiness that Regular Superiors ought to use the faculty attributed to them in the said decree, namely, of deferring the profession of solemn vows, according to the custom and practice mentioned above.” Cf. Franciscus Sentis, Clementis Papae VIII Decretales, Freiburg im Breisgau, 1870, p. 81.

From the declarations of the Sacred Congregation on the State of Regulars of 12 June, 6 August 1858, 25 February 1859, etc., the simple vows of which there is question are perpetual on the part of the one vowing, and dispensation from them is reserved to the Supreme Pontiff. On the part of the Order, however, they can be dissolved by the dismissal of those professed, in such a way that, dismissal having been given, those professed are by that very fact freed from every bond of the said vows. The faculty of dismissing them belongs to the Master General of the Order with his General Council, who, for extraordinary cases, can subdelegate at least three upright and prudent religious. Neither a process nor the form of a trial is required for decreeing dismissal; rather, it can be undertaken with the truth of the fact alone having been considered, yet with the greatest charity and prudence and for just and reasonable causes. No one, however, can be dismissed because of an illness arising after profession of simple vows.

“It sometimes happens that one simply professed petitions for his own dismissal, asserting that he does not have, or has lost, the spirit and vocation for the religious life. It is now asked whether this assertion of his, obstinately maintained, even if no other cause of dismissal is present, can be considered a sufficient ground and a just and reasonable cause, to the end that he, bound by a simple vow, can be dismissed from the Order?—Response. Negative, since the simple vows of which there is question are perpetual on the part of the one vowing, and dispensation from them is reserved to the Supreme Pontiff.” Sacred Congregation of Bishops and Regulars, 19 November 1886.—Cf. M. E., vol. 6, part 1, p. 126.

“Can those who perhaps have donned the religious habit when already older than twenty-five years or near that age, after the year of novitiate has been completed, be admitted to solemn vows and profession, or must a further three years of probation be awaited also with such persons?—Response. Negative to the first part; affirmative to the second.” Sacred Congregation on the State of Regulars, 20 January 1860.

“In the case in which a secular priest who has long passed his twenty-fifth year petitioned for and obtained the habit, can solemn profession (namely, of solemn vows), after profession of simple vows has been emitted, be deferred for him beyond the customary three years, if, namely, within the three years of simple vows he has not given sufficient indications of his vocation?—Response. Negative; namely, it cannot be deferred.” Sacred Congregation, 16 August 1866. “They declared, nevertheless, that recourse must be had to the Sacred Congregation in particular cases in which some peculiar cause concurs.” Bizzarri, Collect., p. 867, ed. 1885.

“…1. In all and each of the monasteries of nuns of whatever Order or Institute in which solemn vows are emitted, when probation and the novitiate have been completed according to the prescription of the Sacred Council of Trent, the Apostolic Constitutions, and the laws of the Order or Institute approved by the Holy See, let the female novices emit simple vows after they have completed the age of sixteen years established by the same Council of Trent, or another higher age which perhaps is required by the Constitutions of their own Order or Institute approved by the Holy See.

“2. After the completion of three years, to be computed from the day on which they emitted simple vows, let those professed in this manner, if they are found worthy, be admitted to the profession of solemn vows; with any power of dispensing in this matter being withdrawn, in such a way, namely, that if any should be admitted to solemn profession before the complete three years have elapsed, for any cause whatsoever, the profession itself would be wholly invalid and of no effect.

“3. Nevertheless, Indults already imparted by the Holy See, by force of which, in some places or Institutes, the profession of simple vows can be emitted for a longer time, are declared to remain in their full force. “4. Furthermore, for just and reasonable causes, concerning which both the Superior of the monastery and the Mistress of Novices must give testimony in writing, the Ordinary for monasteries subject to his jurisdiction, and the Superior General or Provincial for monasteries which enjoy the privilege of exemption, can permit, in particular cases, that the profession of solemn vows be deferred, but not beyond the completed age of twenty-five years.

“5. Simple vows emitted as stated above are perpetual on the part of the one vowing, and dispensation from them is reserved to the Roman Pontiff.

“6. Those thus professed in simple vows use and enjoy the same indulgences, privileges, and spiritual favors which those professed in solemn vows of each one’s own monastery lawfully use and enjoy; and insofar as they are overtaken by death, they respectively have a right to the same suffrages.

“7. They are bound to the observance of the rules and constitutions no less than those solemnly professed; likewise, they are bound to assist at choir; but insofar as they are lawfully impeded from assisting at choir, they are not bound to the private recitation of the Divine Office.

“8. The time prescribed by the constitutions of any Order or Institute for obtaining active and passive voice is computed from the day of the emission of simple vows; nevertheless, those professed in simple vows shall never have a vote, or indeed even a place, in chapters in which, and insofar as, there is question of admitting candidates to solemn profession. They can indeed be deputed to minor offices of the monastery; but they cannot be elected to the duties of Superior, Vicaress, Mistress of Novices, Assistant or Councilor, and Bursar.

“9. Those who first pronounced simple vows are considered to have preference by law, as being seniors; yet in such a way that any who, according to what was stated above, have deferred solemn profession beyond three years shall in the meantime yield place even to younger solemnly professed nuns, and shall receive again the rights acquired by reason of the earlier profession as soon as they themselves have also emitted solemn vows.

“10. The dowry established for each monastery must be delivered to the monastery itself before the profession of simple vows.

“11. Those professed in simple vows retain the radical dominion of their goods, concerning which they cannot dispose definitively except within the two months immediately preceding solemn profession, according to the norm of the Sacred Council of Trent, Session XXV, De Regularibus et Monialibus, chapter XVI. The administration of the same goods, as well as the disbursement and use of any revenues whatsoever, is wholly forbidden to them. Therefore, before profession of simple vows, they must cede, for the time during which they shall remain in the same profession of simple vows, the administration, usufruct, and use to whomever they please, and even to their own Order or monastery, insofar as nothing prevents this on its part and they themselves, with full liberty, judge it opportune. But if during the time of simple vows other goods come to them by a lawful title, they indeed acquire the radical dominion of them, but they must cede the administration, usufruct, and use as soon as possible, as above, while also observing the law of not abdicating radical dominion except within the two months immediately preceding solemn profession.

“12. For the dismissal from the monastery of the aforesaid women professed in simple vows, recourse must be had to the Holy See in individual cases, distinctly setting forth the grave causes which seem to counsel or demand dismissal.

“13. To a Sister professed in simple vows departing from the monastery, whether because of a dispensation from vows obtained from the Holy Apostolic See or because of a decree of dismissal issued as above, the dowry must be restored intact as regards the principal, the fruits being excluded.

“The Sacred Congregation strictly commands that all the things prescribed, declared, and sanctioned above be observed and put into execution, under precept of obedience, by all whom they concern, any contrary things whatsoever notwithstanding, even those worthy of special and individual mention, from which His Holiness declares that special and full derogation has been made for the effect of the foregoing.” Decree Perpensis of the Sacred Congregation of Bishops and Regulars, 3 May 1902.

“Those professed in simple vows are not bound to the recitation of the Divine Office outside choir.” Sacred Congregation of Bishops and Regulars, 28 July 1902.

The chapter for admitting to solemn profession has a merely consultative vote. In it “a discussion concerning the qualities of the candidate can also have place; the scrutiny, however, must be conducted by secret ballots. Furthermore, if all or most of the ballots should be contrary to admission to solemn profession, so that, with article IV of the Decree itself also having been considered, there would be question of dismissing the Sister from the monastery, the matter would have to be submitted to the judgment of the Holy See, to which, therefore, the Ordinary—or, for exempt monasteries, the Regular Prelate—shall transmit a distinct report of all things.” Sacred Congregation of Bishops and Regulars, 18 July 1902.

“By the Decree Perpensis temporum adiunctis of the Sacred Congregation of Bishops and Regulars, 3 May 1902, it was prescribed that in monasteries of nuns in which solemn vows are emitted, simple vows also be prefixed to them by the novices; moreover, by a Response of the same Sacred Congregation given in a case of Bologna on 28 July 1902, it is resolved that the rite or ceremonial received in each Monastery is to be employed in emitting the first profession, for which, with the words expressing the solemnity of the vows, if they are present, suppressed from the customary formula, it is to be added that the novice pronounces simple vows according to the Decree issued by the Sacred Congregation of Bishops and Regulars on 3 May 1902; but that the second profession can be emitted privately in choir or in an interior oratory before the community into the hands of the Superior, with the prior approval of the Ordinary or, as regards exempt Monasteries, of the Regular Prelate. These things therefore having been sanctioned—that in the first profession of simple vows the received rite is to be employed, with only the words expressing the solemnity of the vows suppressed, and that the second profession of solemn vows can be emitted privately—this doubt occurs to me:

“1. Does it belong to the Ordinary or, as regards exempt Monasteries, to the Prelate of the Regulars, after hearing the opinion of the Superior, to decree that the second profession also be made publicly before the Ordinary or the Ordinary’s commissioner?

“2. What ceremonial is to be employed in the second profession if it is made privately before the Superior, and what ceremonial is to be employed if it is made publicly before the Ordinary or his commissioner? 3. Whether and in what manner, in the latter case, the symbolic actions are to be retained: the blessing and bestowal of the veil, ring, and crown, which hitherto were employed in the rite of solemn profession and, according to the mind of the Decree Perpensis temporum adiunctis, henceforth will already be in use in the first profession of simple vows?

“Response. To the first: Affirmative, provided that the Superior and the Community request that the profession in question be made publicly. To the second: In either case of the second profession, it is required only that the Professed pronounce the formula of profession, employing the words which express the solemnity of the vows. To the third: Provision was made in the second.” Sacred Congregation of Bishops and Regulars, 15 January 1903.

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).

III. There are several impediments which can render a profession null: 1. Age before the sixteenth year completed; 2. If the year of noviceship be not entire, or be interrupted; 3. Defect of liberty, as if a slave profess with his master resisting; 4. Matrimony consummated with the other spouse resisting; 5. The episcopate, the Pontiff's licence not acceding; 6. Excessive old age, or a grave and incurable disease hindering the observance of the Rule; 7. Diversity of sex, as if a man profess in a Monastery of women, or conversely; 8. Grave fear unjustly struck in; 9. Error concerning the essence of the religious state; 10. If the mind of obliging oneself be lacking, or if he be accepted with a feigned mind by the superior, it is null in the forum of conscience; 11. Lastly if there happen some defect which by force of the Constitutions of the Order annuls the profession.

I assert that a Vow emitted in grave fear justly struck is valid.

It is proved by the reason of D. Bonavent. there, because then no fear falling upon a constant man is struck into him by another, but he rather strikes fear into himself, as is found in leg. si mulier 21. at the beginning, ff. de eo, quod metus causa. For he is himself to himself the cause of fearing sin, or the evil of penalty, one of which looms to be chosen. Which reason Sanchez uses, lib. 4. de matrimonio, disp. 13. num. 3.

This doctrine destroys the foundation of the adversaries; for the vow is voluntary, since the fear was struck from within, duly, and is therefore not coercing; for coercion and force are from without.

From these you can gather that Vows extorted by light fear are valid; for liberty is not gravely assailed thereby.

Here Sanchez discourses at greater length on the excommunication of the holy Council of Trent, sess. 25. de regul. cap. 18., which is fulminated first against those compelling women to enter a monastery, or to take on the habit of Religion, or to make profession.

Secondly, against those giving aid or favor to that end.

Thirdly, against those who, knowing that a woman does not enter or take the habit or emit profession spontaneously, interpose in any way whatever power, or consent, or authority to that act.

Fourthly, against those impeding, without just cause, the voluntary act of the woman willing to emit Vows and enter religion. On this Suarez, Tom. 5. in 3. part. disp. 23. sect. 5., where he treats of Censures, which is the place of this disputation, and which will be treated by us in the 3. part. Tom. 2. Tract. de Censuris.

PROFESSION of this kind is one thing when expressed, another when tacit.

¶ Profession is expressed when it is made in express words, in writing, or by signs: it is tacit, however, when it is presumed to have been made: first, if upon completing the year of probation you wear the habit of the professed, distinct indeed from the habit of novices, for three days. cap. ad Nostram de regul. Secondly, if, having received such a habit, before the three days you also do something proper to the professed, for instance cast a vote in the chapter elections. Thirdly, if you wear the habit of the professed for a whole year, once the year has passed you are presumed to have professed. Clement. eos, de Regul. See Manuel treat. 2. sum. cap. 8. num. 13. Azor. lib. XII. cap. 4. question 2. Sanchez lib. V. cap. 3. Miranda treat. 1. quest. 24. art. 1. Layman lib. IV. tract. 5. cap. 5. Lessius lib. II. cap. 41. num. 57. Vecchi disp. 13. dub. 8. Bassaeus V. Religio 4. num. 1. Thus by any one of these modes you will have professed tacitly.

The Council of Trent notes, in truth, that it neither changed nor took away these modes, but only added them, so that the year of probation may be completed, and a full sixteen years of age, complete to the point. The reception also of Sacred Orders from such an order induces profession, as the Sacred Congregation declared in 1619, in Tamburini de iure, Abbot disp. 6. quest. 13. num. 12.

Note also that profession, according to the constitutions, cap. fin. quest. 3., must be signed in writing by the one professing, if he knows how to write.

BESIDES the conditions related from the Council of Trent as necessary, wherever the Council is received, others are required.

THE FIRST, that it be made in a monastery of one's own sex. Thus a hermaphrodite, being equally of both sexes, professes nowhere. Portela V. Professio, who says that a woman professed, if she bursts forth into a male, is bound to pass over to the religion of men. But this does not please me; for precisely her profession is that of Nuns. See Diana part. 5. tract. 14. Resol. 49.

The SECOND condition is, that one be received by a power that has authority. These are the General, the Provincial, and the immediate Prelate of the place with his family: for without the consent of the greater part of the family the Prelates cannot admit anyone, nor can the family, if the Prelate resists; Rodriguez tract. 5. qq. 17. art. 7. Vecchi disp. 12. dub. 1. and Sanchez lib. V. 14. from num. 62. with Bassaeus num. 3. Moreover the reception belongs properly to the Prelates, as it is commended to the more prudent, and the consent of prudent brethren is added to the reception, as the Holy Doctor says on cap. 2 of the Rule of the Minors. Wherefore the General, or Provincial, can command the superior of the Novitiate not to admit anyone without his license, under a declaration of nullity, Navarro lib. II. conf. reg. 62. Rodriguez tract. 3. qq. quest. 17. art. 7. for his power is eminently in the greater Prelate.

All are bound, in truth, not to exclude a suitable candidate, Suarez tract. 3. de relig. lib. IV. cap. 3. num. 7. Vecchi disp. 12. dub. 1. Portela V. Novitius, num. 55. and in the addition num. 17. Miranda treat. 1. quest. 25. art. 1. and 2. Diana part. 7. tract. 11. resol. 26. Bassaeus V. Religio, 4. num. 3. And the Holy Doctor indicates this on cap. 2 of the Rule of the Minors.

The REASON is, because a great evil is inflicted upon him, while he is deprived of so great a good; just as a grave evil is inflicted upon the Religion, whether suitable men are driven out, or the guilty and unfit are admitted. For this reason it is entrusted to them that, endowed with the fishing art, they cast good fish into vessels, sending the bad and unfit outside, as the Holy Doctor discusses.

But if, even after vows are given, the Fathers of the convent find or uncover some grave fault in the novice, they can still expel him: for the year is given for approval, cap. ad Apostolicam. And as it is permitted in a ratified marriage, so also in the spiritual marriage, cap. Inter corporalia, de transf. Episcop. So Bassaeus num. 3. Vecchi disp. 12. dub. 7. who in disp. 5. says that private persons by voice cannot give a vote.

THIRDLY, a mind free from violence, grave fear, or importunate pleadings, and from the displeasure of parents, etc. is required in the one professing. cap. Perlatum de his, quae vi. Sanchez de matrim. lib. IV. disp. 6. num. 18. and disp. 7. num. 7. Coninck disp. 28. dub. 2. num. 35. Lessius lib. II. cap. 17. num. 35. Vecchi disp. 13. dub. 12. Bassaeus num. 5. But in doubt as to whether the fear was grave, judgment must be given in favor of the profession itself that holds possession, thus Sanchez lib. IV. moral. cap. 3. Bonacina de leg. disp. IV. quest. 2. puncto 3. §. 1. num. 11.

An invalid profession can be ratified, unless it was made in a Religion not approved. See Bassaeus.

The Council of Trent, sess. 25. de reg. cap. 19., grants that one who presumes he has professed invalidly may protest only within a period of five years, unless he was impeded within that time. But let him bring his causes for protesting before his own superior.

Note, however, that if the profession was invalid, it is not ratified once the five years have elapsed, for what does not subsist by law from the beginning is not strengthened by the lapse of time; thus Diana part. 6. tract. 7. Resol. 56.

For the causes of protesting see the rest in Bonacina de claus. quest. 2. puncto 10. Sanchez de matrim. lib. VII. disp. 37. Suarez de relig. tract. 3. lib. VII. cap. 3.

I shall enumerate the effects of the obligation when I treat of each of the vows.

But it brings many goods. The first good that it carries with it is the restoration of baptismal innocence: Thus D. Thom. q. 189. art. 5. Navarro tract. 2. de reg. num. 60. Peyrino tract. 2. de prael. quest. 3. cap. 1. num. 154. Sà V. religio, num. 17. Layman lib. IV. tract. 5. cap. 10. Villalobos tom. 2. tract. 35. diff. 26.

Some add that he who has placed an obstacle in the profession, if he repents, recovers innocence; But I do not see from where they prove this from the work wrought, where such a promise is found, as Cajetan notes on the cited place of D. Thom. art. 3. ad 3. Azor tract. 1. lib. XII. cap. 5. quest. 11. Navarro de indulg. not. 20. num. 17.

Next, profession removes the irregularity arising from defect of birth with respect to orders and simple benefices, cap. 1. de filiis Presbyt.

As for stains affecting temporal acts, from Ambrose de monach. collat. 1.

Moreover, one is freed from the power of his country with respect to burdens. See Sanchez number 29. Finally, a profession made before the death of a parent wipes out the mark of ingratitude, on account of which he could have been disinherited. See Layman lib. 4. tract. 5. cap. 10.

The Holy Doctor enumerates many reasons, quest. 10. in Reg. why not all are to be received into Religion.

He heaps up very many motives why suitable men are to be received into religion, quest. 15. in Regulam, But those reasons, like these motives, since they are evident of themselves from common practice, I pass over here.