Chapter — The Casuist
Case XXXVI: Dispensation from Solemn Vows
Case.—Anthony had made his solemn profession as a lay brother of a religious Order, having taken simple vows three years before, upon completing his novitiate. At that time he gave evidence of being quite scrupulous, otherwise he was perfectly satisfactory. Soon however he began to suffer so severely from melancholy that he had to be placed in an insane asylum. After two years in that institution the officials declared him in condition to leave, but warned against his resuming the religious life. Anthony now petitioned the Ordinary to obtain for him a dispensation from the vows, asserting that he made his profession unwillingly, and that ever since he had been troubled with great scruples. He could not possibly stay in the Order. It was ascertained, moreover, that both his father and his sister had died as inmates of an insane asylum.
The Ordinary made application to the Holy See, submitting full details of the case, stating also that Anthony had correctly made his solemn vows, and had testified in writing that he was acting without compulsion, and fully conscious of what he was doing. Nevertheless, he may have been suffering even then from a hereditary taint of insanity; it was stated, also, that the physicians feared that he would again incur his melancholy if he returned to the Order.
Question.—May solemn vows be dispensed?
Solution.—Solemn vows may be dispensed, but the dispensationis reserved to the Holy See. Infirm health is considered a sufficient reason for granting the dispensation from simple vows. A graver reason is required to dispense from solemn than from simple vows.
But if the nature of an infirmity were very serious, it might constitute the very grave cause that is required for a dispensation from solemn vows. In the present case the S$. Congr. Inquisitionis, by virtue of papal authority, granted to the Ordinary power to dispense the lay brother from his solemn vows, so that he could enter the married state, with a Catholic, lawfully and validly. The condition was imposed that in case his wife died before him a second marriage was prohibited; he was to be informed also that every violation of chastity, outside of marriage, would be a sin at the same time against the vow of chastity.
As special penance the Bishop was to impose upon him for life (1) to say the rosary of five decades at least once a week; (2) to approach the sacraments at least five times a year, at Christmas, Easter, Pentecost, the Assumption B. V. M., and All Saints; (3) to fast strictly on two days of his own selection, once in honor of the Immaculate Conception, and once in honor of St. Joseph.