Question XXXII: Whether commutation requires a cause

The first opinion is that some cause is always required. So Innocentius rubrica de observatione ieiunii, num. 2. Archid. cap. presbyter, d. 82. num. 3. as Angel. notes, V. votum, 4. num. 10.

Sanchez cap. 50. num. 13. answers that they say only that fasts promised can be redeemed by the authority of a superior, if utility be present; and therefore they declare neither way whether this is necessary, when the commutation is made into a better.

Truly, since Innocentius holds that it must always be done by the authority of a Prelate, as Sanchez himself relates cap. 49. num. 2., I do not see by what reason he doubts whether utility is to be looked at by him, even when the matter is more useful: for on that account the judgment is entrusted to the Prelate, as I shall say presently.

The second opinion is that no cause is required for an evident commutation into a better. So Abbas cap. 1. de voto, v. 3. et 5. et cap. magna, num. 16. de voto. D. Bonavent. loc. cit. in 4. dist. 38. art. 2. quaest. 2. as Sanchez notes, lib. 4. cap. 50. num. 15. Richardus eadem dist. art. 8. quaest. 1. Rosella verb. votum 5. num. 6. et verbo Papa. Angelus votum, num. 10. Sylvest. votum, 4. Caietanus 2. 2. quaest. 88. art. 12. Sotus 7. de Iust. quaest. 4. art. 3. Lessius lib. 2. de inst. cap. 40. dub. 21. num. 96. Vivaldus Candel. 3. part. cap. 14. num. 14. Clau. Regia lib. 6. cap. 12. num. 25. Azor. tom. 1. lib. 11. cap. 18. quaestio 3. Beia. in resp. p. p. casu 49. et 2. part. casu 9. Suarez Tract de voto, lib. 6. cap. 18. num. 9. Sanchez loc. cit.

I assert with this opinion that no other cause is required than a greater utility, when it is commuted into a better.

It is proved by D. Bonaventure: A vow is a promise made to God, which must be commuted without damage to the glory of God, to which it is ordered, and the spiritual utility of the soul: But in a commutation into a better there is sought a greater glory of God, and utility of the soul, to which the commutation of the Vow is ordered; and thus the Procurator prudently judges, acting in the name of God, who therefore is not unfaithful while he commutes the things of the Lord into others more grateful to him; and this is what is said in cap. 1. de voto: Let the diligent ius consider the person, whether the recompense will have been better, and more acceptable to God. Behold, moreover, a great utility, when the commutation is made into a better. And in the chapter de voto the vow of Jerusalem pilgrimage is commuted into an endowment for women, for this sole cause, that the supply of money might profit more than their presence. Sanchez uses this reason at num. 15.

I assert secondly, that a cause is required when the commutation is made into an equal. So D. Bonaventure, whom many follow, in Sanchez num. 17.; among whom are very many related above with D. Bonaventure, to whom add Couarr. de pallis 1. part. §. 3. n. 4.; Angles flor. 2. p. quaest. un. art. 8. diff. 6.; Suarez V. supra cap. 19.; Bassaeum V. Votum, 6. num. 3. with those brought forward by him.

It is proved by D. Bonaventure, because as the vow is ordered to the greater glory of God and the utility of souls, so also the commutation itself; but if only an equal be rendered, no glory results to God, nor utility to the soul, unless a cause be present from elsewhere: Therefore. Sanchez uses this reason at num. 17.

Sanchez adds another reason, because this commutation has something of dispensation mixed in; for dispensation is granted from the rigor of fidelity, paying in a different species, and forthwith some cause is needed. Yet this reason is solved by D. Bonaventure ad 3.: fidelity is kept, while an equal is given.

Now the question is, what cause is required for a commutation into an equal.

Some require a cause obstructing the execution of the vow. So Abbas cap. 1. de voto. Rosella votum, 5. num. 6. Sylvest. votum, 4. in fine, Angel. votum, 4. num. 10. Abul. cap. 10. Numer. quaest. 105. Ouandus 4. d. 38. d. unic. propositione 26. Azor. tom. 1. lib. 11. cap. 18. quaest. 5. Clau. Reg. lib. 6. cap. 12. num. 26. Vivaldus supra, et innuit Sotus 7. Iust. quaest. 4. art. 3.

More probable, however, is that such a cause is not required. So D. Bonaventure loc. cit., whom follow Caietanus 2. 2. quaest. 88. art. 12. et in summa V. votum cap. ult. Armilla num. 14. Nauart. lib. 3. consil. tit. de voto, consil. 16. in the prior edition; but in the later, 36. Aragon. 1. 2. quaest. 88. num. 12. Valentia 1. 2. d. 6. quaest. 6. puncto 7. Corduba summa, quaest. 149. Henriquez lib. 7. de Indulg. cap. 3. Petrus de Ledesma 2. tomo, tract. 10. cap. 8. Lessius lib. 2. de inst. cap. 40. dub. 11. num. 96. Gomez in Bulla Cruciata, clausula 10. num. 105. Suarez loco citato. et Sanchez num. 21. cap. 50.

The reason is, because since in the commutation there is repaid at least an equal work; it is not to be believed that a cause is required which is exacted in a dispensation, while it is let go.

What vows can be commuted by the ordinary power of Prelates.