Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise VIII. On Matrimony › Dissertation II. On Matrimony Itself › Part II. On Matrimony, Insofar as It Is a Sacrament, Particularly › Section III. On the Reception of the Sacrament of Marriage › Chapter III. On Diriment Impediments in Particular

Article — Wouters, Manual of Moral Theology

Article VI. Religion

784.

I. Religious who have professed solemn vows,1 or simple vows to which, by special prescription of the Apostolic See, the force of invalidating nuptials has been added, invalidly attempt marriage (canon 1073). Force of this sort has been added to simple vows emitted by scholastics in the Society of Jesus, as is evident from the Constitutions of Gregory XIII Quanto fructuosius2 and Ascendente Domino.3 Insofar as in the reception of the Subdiaconate a solemn vow of chastity is emitted which diriments marriage, see n. 782.

It is disputed whether a solemn vow diriments marriage by divine law, whether natural, that is, by its own force, or positive, or by ecclesiastical law. Now it seems to diriment marriage by ecclesiastical law alone: both because the former opinion is proved by no argument, although such force of a solemn vow is not to be asserted without an argument; and because Leo XIII,4 by reckoning the impediment of religion among ecclesiastical impediments, in the obvious sense excludes divine law; and because a solemn and a simple vow do not seem to differ in nature or substance (vol. I, n. 1218). Once this is posited, it is admitted with difficulty that invalidating force regarding marriage belongs to the former, since the same cannot be affirmed of the latter.

II. The penalties established against religious attempting marriage are:

  1. Excommunication. "Regulars or nuns after a solemn vow of chastity, and likewise all presuming to contract marriage, even only civilly, with one of the aforesaid persons, incur excommunication latae sententiae simply reserved to the Apostolic See... But if they are professed of perpetual simple vows, whether in Orders or in religious Congregations, all, as above, are held by excommunication latae sententiae reserved to the Ordinary" (canon 2388).

  2. Irregularity for those who are bound by religious vows, even simple and temporary vows (canon 985, 3°).

  3. Dismissal from religion. Religious are to be held by that very fact as legitimately dismissed if they attempt or contract marriage or even a civil bond, as they say (canon 646, § 1, 3°).

  4. If religious have been constituted in sacred Orders, they are moreover held by loss of office (canon 188, 5°), and if, after they have been warned during the time determined beforehand by the Ordinary according to the diversity of circumstances, they have not repented, they are to be degraded (canon 2388, § 1).

Note. The penalties set forth have been established also against those who contract merely civilly (cited canon).

III. Today the Church dispenses in solemn religious profession not only for a cause which concerns the public good, but also for a very grave cause regarding private good. Nevertheless a solemn vow of chastity is commonly not totally removed by the Holy See, but in such a way that the dispensed person, outside the licit use of marriage, also sins against the vow, and the faculty of marrying is restricted to one marriage.

IV. Things to be noted. 1. One who, having obtained an indult of secularization, leaves religion remains freed from vows, while the burdens annexed to major Order stand firm if he was in sacred Orders (canon 640, § 1, 2°); therefore the aforesaid indult does not remove the diriment impediment of sacred Order.

  1. The solemnity of vows is extinguished by that very fact in one who legitimately pronounces simple vows in another religious Congregation, unless something else is expressly provided in the apostolic indult (canon 636); and by the fact that the solemnity of vows is extinguished, the force of invalidating marriage also ceases.

1 A vow is solemn if it has been recognized as such by the Church; otherwise it is simple (canon 1308, § 2). But the Church recognizes as solemn the perpetual vows emitted in some religious Order, whether by regulars or by nuns. Nevertheless, although the vows of nuns are solemn by institute, for some places by prescription of the Apostolic See they are simple (canon 488, 2° and 7°).

2 February 1, 1583.

3 May 25, 1584.

4 Letters of the Holy Office, February 20, 1888 (Collectanea, n. 1685).

Solemn Vows and Sacred Orders