Summa Theologica Part III (Secunda Secundae) Part 141

But since in certain cases this is not good, there is need for someone to decide that in that particular case the law is not to be observed. This is properly speaking to dispense in the law: for a dispensation would seem to denote a commensurate distribution or application of some common thing to those that are contained under it, in the same way as a person is said to dispense food to a household.

In like manner a person who takes a vow makes a law for himself as it were, and binds himself to do something which in itself and in the majority of cases is a good. But it may happen that in some particular case this is simply evil, or useless, or a hindrance to a greater good: and this is essentially contrary to that which is the matter of a vow, as is clear from what has been said above (A. 2).

Therefore it is necessary, in such a case, to decide that the vow is not to be observed. And if it be decided absolutely that a particular vow is not to be observed, this is called a "dispensation" from that vow; but if some other obligation be imposed in lieu of that which was to have been observed, the vow is said to be "commuted." Hence it is less to commute a vow than to dispense from a vow: both, however, are in the power of the Church.

Reply Obj. 1: An animal that could be lawfully sacrificed was deemed holy from the very moment that it was the subject of a vow, being, as it were, dedicated to the worship of G.o.d: and for this reason it could not be changed: even so neither may one now exchange for something better, or worse, that which one has vowed, if it be already consecrated, e.g. a chalice or a house. On the other hand, an animal that could not be sacrificed, through not being the lawful matter of a sacrifice, could and had to be bought back, as the law requires. Even so, vows can be commuted now, if no consecration has intervened.

Reply Obj. 2: Even as man is bound by natural law and Divine precept to fulfil his vow, so, too, is he bound under the same heads to obey the law or commands of his superiors. And yet when he is dispensed from keeping a human law, this does not involve disobedience to that human law, for this would be contrary to the natural law and the Divine command; but it amounts to this--that what was law is not law in this particular case. Even so, when a superior grants a dispensation, that which was contained under a vow is by his authority no longer so contained, in so far as he decides that in this case such and such a thing is not fitting matter for a vow.

Consequently when an ecclesiastical superior dispenses someone from a vow, he does not dispense him from keeping a precept of the natural or of the Divine law, but he p.r.o.nounces a decision on a matter to which a man had bound himself of his own accord, and of which he was unable to consider every circ.u.mstance.

Reply Obj. 3: The fidelity we owe to G.o.d does not require that we fulfil that which it would be wrong or useless to vow, or which would be an obstacle to the greater good whereunto the dispensation from that vow would conduce. Hence the dispensation from a vow is not contrary to the fidelity due to G.o.d.

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ELEVENTH ARTICLE [II-II, Q. 88, Art. 11]

Whether It Is Possible to Be Dispensed from a Solemn Vow of Continency?

Objection 1: It would seem that it is possible to be dispensed from a solemn vow of continency. As stated above, one reason for granting a dispensation from a vow is if it be an obstacle to a greater good.

But a vow of continency, even though it be solemn, may be an obstacle to a greater good, since the common good is more G.o.d-like than the good of an individual. Now one man's continency may be an obstacle to the good of the whole community, for instance, in the case where, if certain persons who have vowed continency were to marry, the peace of their country might be procured. Therefore it seems that it is possible to be dispensed even from a solemn vow of continency.

Obj. 2: Further, religion is a more excellent virtue than chast.i.ty.

Now if a man vows an act of religion, e.g. to offer sacrifice to G.o.d he can be dispensed from that vow. Much more, therefore, can he be dispensed from the vow of continency which is about an act of chast.i.ty.

Obj. 3: Further, just as the observance of a vow of abstinence may be a source of danger to the person, so too may be the observance of a vow of continency. Now one who takes a vow of abstinence can be dispensed from that vow if it prove a source of danger to his body.

Therefore for the same reason one may be dispensed from a vow of continency.

Obj. 4: Further, just as the vow of continency is part of the religious profession, whereby the vow is solemnized, so also are the vows of poverty and obedience. But it is possible to be dispensed from the vows of poverty and obedience, as in the case of those who are appointed bishops after making profession. Therefore it seems that it is possible to be dispensed from a solemn vow of continency.

_On the contrary,_ It is written (Ecclus. 26:20): "No price is worthy of a continent soul."

Further, (Extra, De Statu Monach.) at the end of the Decretal, _c.u.m ad Monasterium,_ it is stated that the "renouncing of property, like the keeping of chast.i.ty, is so bound up with the monastic rule, that not even the Sovereign Pontiff can disperse from its observance."

_I answer that,_ Three things may be considered in a solemn vow of continency: first, the matter of the vow, namely, continency; secondly, the perpetuity of the vow, namely, when a person binds himself by vow to the perpetual observance of chast.i.ty: thirdly, the solemnity of the vow. Accordingly, some [*William of Auxerre, Sum.

Aur. III. vii. 1, qu. 5] say that the solemn vow cannot be a matter of dispensation, on account of the continency itself for which no worthy price can be found, as is stated by the authority quoted above. The reason for this is a.s.signed by some to the fact that by continency man overcomes a foe within himself, or to the fact that by continency man is perfectly conformed to Christ in respect of purity of both body and soul. But this reason does not seem to be cogent since the goods of the soul, such as contemplation and prayer, far surpa.s.s the goods of the body and still more conform us to G.o.d, and yet one may be dispensed from a vow of prayer or contemplation.

Therefore, continency itself absolutely considered seems no reason why the solemn vow thereof cannot be a matter of dispensation; especially seeing that the Apostle (1 Cor. 7:34) exhorts us to be continent on account of contemplation, when he says that the unmarried woman ... "thinketh on the things of G.o.d [Vulg.: 'the Lord']," and since the end is of more account than the means.

Consequently others [*Albertus Magnus, Sent. iv, D, 38] find the reason for this in the perpetuity and universality of this vow. For they a.s.sert that the vow of continency cannot be canceled, save by something altogether contrary thereto, which is never lawful in any vow. But this is evidently false, because just as the practice of carnal intercourse is contrary to continency, so is eating flesh or drinking wine contrary to abstinence from such things, and yet these latter vows may be a matter for dispensation.

For this reason others [*Innocent IV, on the above decretal] maintain that one may be dispensed even from a solemn vow of continency, for the sake of some common good or common need, as in the case of the example given above (Obj. 1), of a country being restored to peace through a certain marriage to be contracted. Yet since the Decretal quoted says explicitly that "not even the Sovereign Pontiff can dispense a monk from keeping chast.i.ty," it follows seemingly, that we must maintain that, as stated above (A. 10, ad 1; cf. Lev. 27:9, 10, 28), whatsoever has once been sanctified to the Lord cannot be put to any other use. For no ecclesiastical prelate can make that which is sanctified to lose its consecration, not even though it be something inanimate, for instance a consecrated chalice to be not consecrated, so long as it remains entire. Much less, therefore, can a prelate make a man that is consecrated to G.o.d cease to be consecrated, so long as he lives. Now the solemnity of a vow consists in a kind of consecration or blessing of the person who takes the vow, as stated above (A. 7). Hence no prelate of the Church can make a man, who has p.r.o.nounced a solemn vow, to be quit of that to which he was consecrated, e.g. one who is a priest, to be a priest no more, although a prelate may, for some particular reason, inhibit him from exercising his order. In like manner the Pope cannot make a man who has made his religious profession cease to be a religious, although certain jurists have ignorantly held the contrary.

We must therefore consider whether continency is essentially bound up with the purpose for which the vow is solemnized. Because if not, the solemnity of the consecration can remain without the obligation of continency, but not if continency is essentially bound up with that for which the vow is solemnized. Now the obligation of observing continency is connected with Holy Orders, not essentially but by the inst.i.tution of the Church; wherefore it seems that the Church can grant a dispensation from the vow of continency solemnized by the reception of Holy Orders. On the other hand the obligation of observing continency is an essential condition of the religious state, whereby a man renounces the world and binds himself wholly to G.o.d's service, for this is incompatible with matrimony, in which state a man is under the obligation of taking to himself a wife, of begetting children, of looking after his household, and of procuring whatever is necessary for these purposes. Wherefore the Apostle says (1 Cor. 7:33) that "he that is with a wife, is solicitous for the things of the world, how he may please his wife; and he is divided."

Hence the "monk" takes his name from "unity" [*The Greek _monos_] in contrast with this division. For this reason the Church cannot dispense from a vow solemnized by the religious profession; and the reason a.s.signed by the Decretal is because "chast.i.ty is bound up with the monastic rule."

Reply Obj. 1: Perils occasioned by human affairs should be obviated by human means, not by turning divine things to a human use. Now a professed religious is dead to the world and lives to G.o.d, and so he must not be called back to the human life on the pretext of any human contingency.

Reply Obj. 2: A vow of temporal continency can be a matter of dispensation, as also a vow of temporal prayer or of temporal abstinence. But the fact that no dispensation can be granted from a vow of continency solemnized by profession is due, not to its being an act of chast.i.ty, but because through the religious profession it is already an act of religion.

Reply Obj. 3: Food is directly ordered to the upkeep of the person, therefore abstinence from food may be a direct source of danger to the person: and so on this count a vow of abstinence is a matter of dispensation. On the other hand s.e.xual intercourse is directly ordered to the upkeep not of the person but of the species, wherefore to abstain from such intercourse by continency does not endanger the person. And if indeed accidentally it prove a source of danger to the person, this danger may be obviated by some other means, for instance by abstinence, or other corporal remedies.

Reply Obj. 4: A religious who is made a bishop is no more absolved from his vow of poverty than from his vow of continency, since he must have nothing of his own and must hold himself as being the dispenser of the common goods of the Church. In like manner neither is he dispensed from his vow of obedience; it is an accident that he is not bound to obey if he have no superior; just as the abbot of a monastery, who nevertheless is not dispensed from his vow of obedience.

The pa.s.sage of Ecclesiasticus, which is put forward in the contrary sense, should be taken as meaning that neither fruitfulness of the of the flesh nor any bodily good is to be compared with continency, which is reckoned one of the goods of the soul, as Augustine declares (De Sanct. Virg. viii). Wherefore it is said pointedly "of a continent soul," not "of a continent body."

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TWELFTH ARTICLE [II-II, Q. 88, Art. 12]

Whether the Authority of a Prelate Is Required for the Commutation or the Dispensation of a Vow?

Objection 1: It would seem that the authority of a prelate is not required for the commutation or dispensation of a vow. A person may enter religion without the authority of a superior prelate. Now by entering religion one is absolved from the vows he made in the world, even from the vow of making a pilgrimage to the Holy Land [*Cap.

Scripturae, de Voto et Voti redempt.]. Therefore the commutation or dispensation of a vow is possible without the authority of a superior prelate.

Obj. 2: Further, to dispense anyone from a vow seems to consist in deciding in what circ.u.mstances he need not keep that vow. But if the prelate is at fault in his decision, the person who took the vow does not seem to be absolved from his vow, since no prelate can grant a dispensation contrary to the divine precept about keeping one's vows, as stated above (A. 10, ad 2; A. 11). Likewise, when anyone rightly determines of his own authority that in his case a vow is not to be kept, he would seem not to be bound; since a vow need not be kept if it have an evil result (A. 2, ad 2). Therefore the Authority of a prelate is not required that one may be dispensed from a vow.

Obj. 3: Further, if it belongs to a prelate's power to grant dispensations from vows, on the same count it is competent to all prelates, but it does not belong to all to dispense from every vow.

Therefore it does not belong to the power of a prelate to dispense from vows.

_On the contrary,_ A vow binds one to do something, even as a law does. Now the superior's authority is requisite for a dispensation from a precept of the law, as stated above (I-II, Q. 96, A. 6; Q. 97, A. 4). Therefore it is likewise required in a dispensation from a vow.

_I answer that,_ As stated above (AA. 1, 2), a vow is a promise made to G.o.d about something acceptable to Him. Now if you promise something to anyone it depends on his decision whether he accept what you promise. Again in the Church a prelate stands in G.o.d's place.

Therefore a commutation or dispensation of vows requires the authority of a prelate who in G.o.d's stead declares what is acceptable to G.o.d, according to 2 Cor. 2:10: "For [I] ... have pardoned ...

for your sakes ... in the person of Christ." And he says significantly "for your sakes," since whenever we ask a prelate for a dispensation we should do so to honor Christ in Whose person he dispenses, or to promote the interests of the Church which is His Body.

Reply Obj. 1: All other vows are about some particular works, whereas by the religious life a man consecrates his whole life to G.o.d's service. Now the particular is included in the universal, wherefore a Decretal [*Cap. Scripturae, de Voto et Voti redempt.] says that "a man is not deemed a vow-breaker if he exchange a temporal service for the perpetual service of religion." And yet a man who enters religion is not bound to fulfil the vows, whether of fasting or of praying or the like, which he made when in the world, because by entering religion he dies to his former life, and it is unsuitable to the religious life that each one should have his own observances, and because the burden of religion is onerous enough without requiring the addition of other burdens.

Reply Obj. 2: Some have held that prelates can dispense from vows at their will, for the reason that every vow supposes as a condition that the superior prelate be willing; thus it was stated above (A. 8) that the vow of a subject, e.g. of a slave or a son, supposes this condition, if "the father or master consent," or "does not dissent."

And thus a subject might break his vow without any remorse of conscience, whenever his superior tells him to.

But this opinion is based on a false supposition: because a spiritual prelate being, not a master, but a dispenser, his power is given "unto edification, not for destruction" (2 Cor. 10:8), and consequently, just as he cannot command that which is in itself displeasing to G.o.d, namely, sin, so neither can he forbid what is in itself pleasing to G.o.d, namely, works of virtue. Therefore absolutely speaking man can vow them. But it does belong to a prelate to decide what is the more virtuous and the more acceptable to G.o.d.

Consequently in matters presenting no difficulty, the prelate's dispensation would not excuse one from sin: for instance, if a prelate were to dispense a person from a vow to enter the religious life, without any apparent cause to prevent him from fulfilling his vow. But if some cause were to appear, giving rise, at least, to doubt, he could hold to the prelate's decision whether of commutation or of dispensation. He could not, however, follow his own judgment in the matter, because he does not stand in the place of G.o.d; except perhaps in the case when the thing he has vowed is clearly unlawful, and he is unable to have recourse to the prelate.

Reply Obj. 3: Since the Sovereign Pontiff holds the place of Christ throughout the whole Church, he exercises absolute power of dispensing from all vows that admit of dispensation. To other and inferior prelates is the power committed of dispensing from those vows that are commonly made and frequently require dispensation, in order that men may easily have recourse to someone; such are the vows of pilgrimage (Cap. de Peregin., de Voto et Voti redempt.), fasting and the like, and of pilgrimage to the Holy Land, are reserved to the Sovereign Pontiff [*Cap. Ex multa].

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QUESTION 89

OF OATHS (TEN ARTICLES)

We must now consider those external acts of religion, whereby something Divine is taken by man: and this is either a sacrament or the Name of G.o.d. The place for treating of the taking of a sacrament will be in the Third Part of this work: of the taking of G.o.d's Name we shall treat now. The Name of G.o.d is taken by man in three ways.

First, by way oath in order to confirm one's own a.s.sertion: secondly, by way of adjuration as an inducement to others: thirdly, by way of invocation for the purpose of prayer or praise. Accordingly we must first treat of oaths: and under this head there are ten points of inquiry:

(1) What is an oath?

(2) Whether it is lawful?

(3) What are the accompanying conditions of an oath?

(4) Of what virtue is it an act?

(5) Whether oaths are desirable, and to be employed frequently as something useful and good?