point — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Point II. On the Impediment of Vow and Order
- I. A vow diriment of matrimony is only a solemn vow of chastity 1, emitted through profession in an approved Religion. For a simple vow of chastity, even perfect and perpetual, does not invalidate matrimony 2, but only impedes it, according to what was said above, no. 779.
1 It is called a vow of chastity, not a religious vow, because religious profession invalidates matrimony precisely and only insofar as it includes a solemn vow of chastity. Therefore the vows, even solemn ones, of certain Equestrian Orders which profess only conjugal chastity do not invalidate matrimony. See Schmalzgrueber, book 4, title 6, no. 45.
2 The simple vows which, by a special privilege of Gregory XIII, are emitted in the Society of Jesus after two years of novitiate must be excepted, as we said elsewhere in the note to no. 759 above.
II. The Order diriment of matrimony, however, is sacred Order, namely, the Presbyterate, Diaconate, and Subdiaconate.
The First and Second Lateran Councils speak concerning each of these impediments, and the Council of Trent, session 24, canon 9, says: If anyone shall say that Clerics constituted in sacred Orders, or Regulars who have solemnly professed chastity, can contract matrimony, and that the matrimony contracted is valid notwithstanding ecclesiastical law or the vow, let him be anathema 3.
3 ** In the sole Clementine Constitution On Consanguinity and Affinity, a latae sententiae excommunication is imposed both against those who knowingly do not fear to contract matrimony with a nun and against nuns, Religious, and Clerics constituted in sacred Orders who contract matrimony. Moreover, this excommunication was not absolutely reserved, although the guilty could not be absolved before separation; but after separation they could be absolved by any confessor, unless perhaps the excommunicated persons had been denounced, for then the Bishop alone could absolve them. But under the new law this excommunication is altogether reserved to Bishops or Ordinaries. For in the Constitution Apostolicae Sedis issued by Our Most Holy Lord Pope Pius IX in the year 1869, among the latae sententiae excommunications reserved to Bishops or Ordinaries, this is read in the first place: Against Clerics constituted in sacred Orders, or Regulars and nuns after a solemn vow of chastity, presuming to contract matrimony, and also all those presuming to contract matrimony with any of the aforesaid persons.
- Questions. - QUESTION 1. By what law do the aforesaid impediments invalidate matrimony?
Reply 1. According to the common opinion, the impediment of Order invalidates only by ecclesiastical law 4. The reason is that, on the one hand, Order of itself is not repugnant to the conjugal state; nor, on the other hand, is there any divine prohibition found in Scripture or tradition. - St. Ligorius, no. 1059.
4 See the note above to no. 41.
Reply 2. Since the solemnity of a vow belongs to ecclesiastical law, by that very fact the Pope can dispense, provided that a sufficient cause is present, that is, one proportioned to the gravity of the matter 5.
5 That the Pontiff can dispense from this impediment is the most received opinion of Theologians and Canonists, a long series of whom Sanchez cites (On Matrimony, book 8, disputation 8, no. 7); and indeed examples of this dispensation having been granted are everywhere available, as can be seen in Schmalzgrueber, book 3, title 35, no. 48.
QUESTION 2. What conditions are required for a solemn vow and Order to invalidate matrimony?
Reply 1. As regards a vow, it must have been emitted: first, voluntarily and deliberately; second, with the true intention of binding oneself; otherwise the vow would not be valid.
Reply 2. As regards Order, it is required: first, that it was received validly; second, that it was received voluntarily. - Thus all.