Section — Konings, Theologia Moralis
§ IV. By What Reason the Obligations Existing from Profession Cease or Are Changed
- Although obligations existing from valid Profession are by their nature perpetual, yet they can cease, or even be changed.
They cease by dispensation of the Supreme Pontiff, or of him to whom this power has been given by the Supreme Pontiff, for example through the Rule. This is clear from those things which we said in the Treatise on Laws n. 158 and on the Second Precept n. 391. - Indeed even in solemn vows the Supreme Pontiff can dispense for a most grave cause. The reason is that solemnity of vows was instituted from ecclesiastical Law alone, as is clear from the Extravagant of John XXI, tit. 6, and from the bull Ascendente Domino, in which Gregory XIII says: "We considering that the solemnity of the vow was invented by the constitution of the Church alone," etc. Therefore the Supreme Pontiff can dispense in solemn vows, just as in simple vows, since that by which the former differ from these is of mere ecclesiastical institution. But according to all he can dispense in simple vows. Therefore, etc. This is also clear from various examples related in ecclesiastical history, that several Supreme Pontiffs used power of this kind. Especially in most recent times Pius VII granted several dispensations of this kind to solemnly professed monks and nuns for revalidating marriages sacrilegiously entered.
- Change in obligations existing from profession can happen in three ways, namely: 1° through ejection from Religion, in which case those ejected are undoubtedly bound per se by both the substantial vows of Religion and the other peculiar vows of their Order, yet in such a way that the vow of chastity indeed must be guarded by them without change, but the remaining vows of poverty, obedience, and any others annexed to their profession undergo a certain moderation in use and practice itself, which is adapted and congruent to the peculiar circumstances of each; but they must be subject to the jurisdiction of the Ordinary of the place and obey his commands. Cf. Benedict XIV;1 2° through transition to another Religion (n. 1157. 2°. d); 3° through indult of secularization, which sometimes for a just cause is granted by the Supreme Pontiff, yet for the most part with the caution that, as far as can be done, the three vows emitted be observed, and that some trace of the religious habit be continually worn in the world. - But a Religious who is assumed to the Episcopate is not by that very fact released from the vows (since personal vows accompany the person), although their observance is modified under these circumstances. For the one promoted can legitimately acquire goods; but he acquires the use for himself, and the property for the church over which he presides and of whose goods he is dispenser. Likewise the vow of obedience does not cease, since he obtains the Supreme Pontiff as Superior.1
As regards the Rule, a regular Bishop, according to the prescription of the Constitution of Benedict XIII Custodes, is held to observe the rules of his Religion which determine the matter of the vow of poverty; likewise he is held to observe other rules and observances not repugnant to Episcopal dignity and office, with the same obligation, grave or light, by which he was held before he attained Episcopal dignity: yet in such a way that in particular cases he can prudently bring judgment whether they agree with dignity and office.2 But he is held to recite the divine Office according to the rite of his diocese.3 Say almost the same concerning observance of the Rule concerning a regular promoted to a parish. (t) p. 483.
Appendix annotation (t), to n. 1184. p. 454. col. 2. A regular Bishop is held to retain the habit of his Religion as to color, not as to form. Except Canons Regular of St. Augustine, regular clerics, and universally those who have emitted only simple vows. Ferraris, V. Episcopus, art. VII. n. 62. Th. C. T. III. 65.