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PBJASEV 507 PROFESSION

son of a cleric is proportioned to the dignity of the tutions are situated. The diocese contains 185,000

party injured. Thus anyone who lays violent hands Ruthenian Catholics, 230 priests (11 celibates, 27

on the pope incurs excommunication very specially widowers, the rest married) 183 parishes scattered

reserved to the Holy See, is ipso facto an excom- through 6 counties, 183 parochial churches, 135

municate vitandus, legally infamous, and if he be filial churches, 61 chapels, 250 parochial schoob

a cleric is to be degraded; if the party injured is with 35.000 pupils, a college for toys, 2 convents

a cardinal or a legate of the pope the culprit in- of Basiiians, and a theological seminary with 40

curs an excommunication ^ecially reserved to the students, pope, he oecomes legally mfamous and is to be

deprived of any ecclesiastical benefice, dignity, pen- Profession, Reliqious (of. C. £., XII-451c). — sion or office he holds; if the injured party is a The canonical reauirements for a valid religious pro- patriarch, archbishop, bishop, whether residential fession are as follows: (1) the candidate must be or titular, the oflfenoer incurs excommunication re- at least sixteen years old for temporary or twenty-one served specially to the Holy See; if the party for perpetual profession; (2) he must have made a wronged is any other cleric or religious of either valid novitiate; (3) he must be admitted to profession sex, the excommunication is reserved to the cul- by a superior authorized by the constitutions; (4) prit's ordinary, who may if he judges fitting impose the profession must be explicit, made freely and with additional penalties. reouisite knowledge, and finally must be accepted by Privilegium /on.— This means that in civil and a lawful superior or his delegate according to the criminal cases the clergy must be brought to trial constitutions. Furthermore, if there is question of before an ecclesiastical not a secular judge; how- perpetual profession in any religious institute the ever, in certain places the Holy See has agreed candidate must have been professed of simple tempo- with the civil authorities to waive this privilege rary vows for at least three years. The first profession while in all others places permission when neces- must be made in the house of novices at the end of sary, though it must be asked, is always granted to the term of probation. These vows bind either for bring clerics before a lay tribunal. If the defend- three years or longer in the case of those who after the ant is a prelate of higb rank permission can be lapse of three years have not reached the age required obtained only from the Holy See; otherwise it can ^^t the perpetual profession, or from year to ;year be granted by the ordinary. Canonists agree that w?«e the constitutions prescribe annual professions, this privilege of the forum is not in force in Bel- The general law no longer extends the time or age for gium, France, Holland or Germany, Ireland and profession m the case of lay brothers beyond those English-speaking countries generally ; in the United reqmred for other religious; the law exempts from tem- States laymen may sue a cleric without asking the poraryprofession a religious who,havingbeen professed ordinary's permission, but a priest may not sue solemnly or with mmplepen>etual vows, changes with another cleric m the civil courte without leave permission of the Holy See to another order or congre- of his ecclesiastical superiors. Where the privilege g^tion; such a religious on completing his new no viti- 18 in force the legislation of the Church is as fol- ate must be admitted to perpetual profession at once lows: Whosoever without leave of the Holy See or return to his old order; however, if necessary to dares to bring before a lay judge a cardinal, legate ^^. j»^, vocation, the superior may prolong his of the Holy See, or higher official of the Roman Vf^^ of probation but not for more than one year

Curia in connection with matters pertaining to this i^ J^^yr^ur'^Titl^^ "^V.u ^^J^f-Pt^^^^ <^hu ^^g ^'^J

office, or finally his own ordinary incurs excommu- ^^ll^^li^^}^ T^ the Religious of the Sacred

nication specially reserved to the pope; if the ?^,fi^ii^!i PffP^^^^ ^'J *^^.® P^^^^

party haled before the judge is any other bishop, ,^1'^,?,^^' ^."^Z^K^®^^^^^

abbot or prelate nullius or one of the higher supe- ^'^Jf.^tl'l'?!^ ^"^^ ^ '*« members cannot be

^^^^J^!i^^^J^ ?^J^ '^A^l^iZr.l^^^^ of the profe^d have to


excommumcation


in anv other esse tt'Sf ifTct^^^^^^^ be^;^neV^ fo^T^l cail^ Th^^^io v^ti^n mT; b^

«i«^Li? frnm nffil it^^^ V^r^!r^^^\^ J^l^ "^^dc earlier, but not by more than a month.^ In

suspended from office while a lay person is to be j^ '^j^ / ^ temporary profession

suitably punished, by his bishop. . ^^ ^^^ begin from the day of renovation, ^but from

Naturally an individual loses these privileges ^^e day in which it would have begun hac^ the time

when he is no longer m the ranks of the cler^; ^f renovation not been anticipated. If the lawful

that 18 the case when a minor clenc after notifying g^perior questions the fitness of the religious for

his ordiE^ discontinues his studies for the priest- perpetual profession, he may allow the temporary

hood and returns to secular life; or when a culpnt ^^ to be renewed but not for more than three

for his evil deeds has been degraded or depnyed years; should a doubtstiUremain, the superior, if desir-

forever by his bishop of the right to wear ecdesias- ^^ ^f continuing the probation, must apply to the

5vij-v^' ' • OOA1 A «- D I r • I *■ • .1. HolySee,which,however, is not wont to extend it be-

Codexjuna eammtci, 2341; Atbikbac, Penal Legtalatton tn the „«„;i « „«o* T« ««o« « v.^«,Lo.^» «««^..«4. ^t u:*, -«^ u-j

New Code (New York, 1920) 272-79; Idbm in Bc^. Rev. XLVII yo^d a year. In case a novice on account of his age had

(Philadelphia, 1912). 302-16. to make a temporary profession for more than three

-^, TN T^ -r. yeafs, if an extra period of probation is needed, it

/ P}^?^' ^^^>^^0F EPERjmENSisRvrnEsonvu must not, in the opinion of Vermeersch, extend be-

(cf. C. E., Eperies V--484d), of the Greek Ruthen- yo^d gbc years from the time of the first profession,

lan Rite, dependent of Estzergom, formeriy m king- though Augustine holds that extension may be for

dom of Hungaij , but now m Czechoslovakia. Rt. three years beyond the time for which the first vows


general of a pontifically approved

ber, 1911. On account of political reasons Bishop with the consent of his council, or in the case of nuns

Novak has been out of the diocese for three years by the local ordinary and the regular superior, if

and his affairs are administered by the vicar gen- there is any, acting on the written request of the

eral Nicolaus Russnak. The bishop's see is Prjasev, mother superior, and her council, or, in the case

in Latin Fra^opolis. in Slovakian Presov, in Hun- of diocesan Sisters, by the ordinary of the place

garian Eperjes. Here the episcopal residence, where the convent is situated with the knowledge and

cathedral, seminary and most of the diocesan insti- consent of the superioresses.

39