Chapter — Slater, Cases I

Case 1. Anglican Vows

¶1.

Lucia, an Anglican, makes the three perpetual vows of religion in a certain congregation of Anglican women called Saint Margaret’s. While she was faithfully observing her vows, by reading Catholic books she gradually became persuaded that the Catholic religion alone was true. Therefore she left the Anglican Church and the congregation without any permission of the superioress, and was received into the Catholic Church by Julius, a Catholic priest. She asked Julius whether and to what extent she was still bound by the vows made in the Anglican Church, and what she must do if she were bound; he answered that she was by no means bound by them, inasmuch as they had been made from error, and that even if she were bound, he dispensed her from them in such a way that she remained entirely free. Hence it is asked:

¶2.
  1. What is a vow, and to what extent is it invalid from ignorance or error?
¶3.
  1. What is the obligation of a vow, and how does it cease?
¶4.
  1. Who are able to dispense from vows?
¶5.
  1. What is to be said of the case?
¶6.

Solution

  1. What is a vow and how far is it rendered invalid by ignorance or mistake? A vow is a promise made to God concerning something which is possible and better than its opposite. Ignorance and mistake about the substance of the vow, or about some quality of it which is of great importance, makes the vow invalid; ignorance and mistake about accidental qualities of small moment do not invalidate the vow.
¶7.
  1. What is the obligation imposed by a vow and how does it cease?
¶8.

A vow produces an obligation to perform what was promised to God. This obligation, like that of a law, depends partly on the matter of the vow, partly on the intention of him who takes the vow. If the matter is serious, the obligation will be grave, unless he who made the vow expressly limited the obligation, and willed it to be light. The obligation of a vow ceases intrinsically or extrinsically. It ceases intrinsically if the matter of it becomes impossible, useless, or immoral; if it undergo a change of importance; if the final cause of it cease to exist; and on the non-fulfilment of a condition if the vow was conditional. It ceases extrinsically if it is annulled, dispensed, or commuted by competent authority.

¶10.

Those who have spiritual jurisdiction in the external forum can for good cause dispense from vows which are not reserved to a higher authority. The Pope, bishops, and Religious superiors can dispense by their ordinary authority; confessors and others who are capable of exercising ecclesiastical jurisdiction, by delegated authority.

¶11.
  1. The case. Lucy, an Anglican, took the perpetual vows of poverty, chastity, and obedience, in an Anglican order of St. Margaret. From reading Catholic books she became convinced that the Catholic Church is the true Church of Christ, left her convent without leave of her superioress, and asked Julius, a Catholic priest, to receive her into the Church. She further asked Julius whether and how far she was bound by her vows, and he answered that she was not bound at all, because they were taken under mistake, but in any case he said that he would dispense her from them as far as was necessary, so that she might be free.
¶12.

Julius was wrong in saying that the vows were invalid on account of mistake. Lucy was under mistake about the true Church, but not about her vows, as far as the case allows us to see. She was also in error about the Religious congregation to which she belonged, and if she only took her vows as a member of the order, and conditionally on her remaining in it, they would lapse on her leaving it. But as they were perpetual we must not presume such a condition; they were taken to God independently of the order in which she took them. She had promised God to observe during her life poverty, chastity, and obedience, and we must presume that she knew and intended what she promised. The Anglican Church, however, had no legitimate claim on her, nor had the Anglican sisterhood. Hence they will be private vows, not vows of religion in the strict sense. Julius, as confessor, would usually have faculties to dispense the vows of poverty and obedience; the perpetual vow of chastity is reserved to the Holy See, though special powers are often granted to bishops to dispense in it. If Lucy wants a dispensation from this vow, she may have recourse to the bishop either directly or through her confessor. The Sacred Penitentiary, Nov. 29, 1842, answered that the vows of a Protestant made orally and in writing before an Anglican minister are simple vows, and that the one vowing is bound to the observance of the vow if he had a true intention of vowing.1

1 Collectanea S. C. de P. F., n. 959. 2d ed.