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Page:Catholic Encyclopedia, volume 17.djvu/624

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In dismiasing teznporarOy professed relig ous the though he has to retain the ownership of his property following conditions must be observed by superiors: as long as his simple vows continue, must give over (a) the motives for dismissal must be grave; thus a the aoministration of his property to any person he lack of the religious spirit causing scandal to others is selects, and, if the constitutions do not provide other- sufficient, when repeated admonition combined wise, must dispose of its use and revenues as he with a salutary i)enance has proved ineffective; though pleases. This nght of disposal most probably permits ill-health is not, unless it is clearly proved that the m- the novice to oraain that the revenue is to oe added health was fraudulently concealed or dissimulated be- regularly to the capital* (Papi, op. cit. infra, p. 51). fore profession; (b) although the motives must be really If this arrangement re^rding the administration of known to the superior who dismisses, it is not neces- the property and the disposal of its use and revenue sary for them to have been proved judicially, but was omitted for any reason before simple profession, they must always be made known to the subject, who it is to be made by the religious, notwithstanding his must be granted full liberty to reply, and his answer vows, with the same freedom as is enjoyed by novices, must be communicated to the superior who is to dis- If the constitutions do not allow a religious to change miss or retain the religious; (c) if dismissed, the the administration of his property or the disposal of religious has the right to appeal to the Holy See, and its revenue at his discretion, he must have the leave pending its decision the dismissal remains in abeyance, of his superior general, or in case of a nun who has If a dismissed religious was received without a dowry simple vows made in an institute with solemn vows or cannot support herself with her means, her institute (monialia) of the local ordinary, and of the regular must in chanty, but not in justice, not merely aid superior. If the change, however, should be in uivor her to return home safely and oecomin^ly, but of his own institute, he may not make it even if the provide her in accordance with natural equity for a superior authorized him, at least if it would involve certain time^ to be determined by mutual consent, or, a considerable part, in which case it would be neces- in case of disagreement, by the local ordinary, with sary to obtain the permission of the Con^gation of the means of living decently. A religious so dis- Religious. If the religious professed of simple vows, missed is ipso facto released from all his vows, but not should leave the institute before making his solemn from the ooligations arising from sacred orders, if he vows the provisions as to the administration and the has received them. It mignt be added that religious disposal of the revenue would cease to hold. Should however professed are ipso facto lawfully dismissed if one professed of solemn vows leave, this would not be they have (a) apostatized publicly from the Faith; so, because the latter by his solemn profession gave or (b) eloped with one of the opposite sex; or (c) up not merely the right to administer his property contracted or attempted to contract marriage, even and dispose of its revenue, but divested himself en- civil marriage; but according to the constitutions tirely of* ownership. What a simply professed the higher superior with his chapter or council should religious receives as a recompense for nis work done make a declaration of the fact and draw up the proof or what is given to him for the sake of the community for their archives. belongs not to him but to the institute; but he can

The religious superior, before admitting anyone to acquire new property by will or donation as a personal

the first temporary profession must have the consent gift, imless this is forbidden by the constitutions,

of his council or chapter; but for the perpetual However, the Holy See has made a special provision

profession he need only consult them. At professions by which a dowry brought in by any nun or sister

the formula and ceremony prescribed by the const!- must be returned to her, if she goes back to the world,

tutions should be employed; all rites and ceremonies Apart from special Apostolic indults, the professed

referring to perpetuity of state, which had been with simple vows belonging to an order of regulars,

allowed m certain institutes by the decree "Perpensis" cannot validly renounce their property before the

of 18 July, 1002, for both temporal and perpetual last sixty days preceding their solemn profession;

profession are now to be reserved for solemn pro- within those sixty days, however , they must renounce

fession. A written copy of the formula signed by the it all in favor of anyone they wish, the renunciation

professed and at least by him who received the to become effective only when the solemn profession

profession is to be kept in the archives; if the pro- takes place. Immediately after their profession steps

fession was solemn the superior who received it must should be taken to have the renimciation made

notify the pastor of the place where the newly- binding in civil law. Due regard bein^ had to special

professed reugious was bom, for purposes of record. Apostolic indults, all property devolvmg in any way

Religious professed temporarily in preparation for to a religious after solemn profession goes to the order, their perpetual vows enjoy aU the mdulgences, province, or house, according as the constitutions privileges and spiritual favors of those professed of provide, if the order is capable of owning property; solemn vows or of simple perpetual vows; should they should the order be incapable, the Holy See becomes die while thus bound temporarily they have a right the owner. Professed with simple vows in religious to the same prayers and masses as the perpetually congregations may not divest themselves of the owner- professed. So, too, are they under the same obliga- ship of their property by a free gift, nor may they tion to observe the rules and constitutions; however, change the will which, in accordance with canon where choir is obligatory they are not bound by the law, they made as novices, without leave of the rule of reciting the Divine Office in private, unless they Holy See, or, in ur^nt cases of a higher superior are in in holy orders or the constitutions expressly or even a loced superior, if there is no time to have provide otherwise. They have no right of active and recourse to the Holy See or higher superior respec- passive voice unless it is g^ranted to them expressly tively. Formerly the giving up of ownership was Dv the constitutions; the time set down for enjoying forbidden only while the religious had temporary this privilege is counted from that of their first pro- simple vows, now it is forbidden also when these fession, if the constitutions are silent. By profession vows are perpetual.

they lose parochial benefices at the end of a year, and A parochial benefice becomes vacant after the

all other benefices after three years. lapse of a year from the first profession of the holder,

Propertt. — Professed religious with simple vows, all other benefices after three years. On being per-

whether perpetual or temporal, retain the owner- petually professed a reli^ous loses by law the nght

ship of their property and can acquire more, imless of incardmation in the diocese to which he belonged

as nappens in certain institutions the constitutions before entering religion. A religious profession which

provioe differently. As has been mentioned in the was invalid on account of an external impediment

article Novice before simple profession the religious, can be validated only by the Holy See or by lawful