SCRIPTURA

Thomas Aquinas · Summa Theologica, First Half · 1123 of 1210

II–II · Q. 88, Art. 8: Whether those who are subject to another's power are hindered from taking vows?

Translated by Fathers of the English Dominican Province

Whether those who are subject to another's power are hindered from taking vows?

Objection 1: It would seem that those who are subject to another's power are not hindered from taking vows. The lesser bond is surpassed by the greater. Now the obligation of one man subject to another is a lesser bond than a vow whereby one is under an obligation to God. Therefore those who are subject to another's power are not hindered from taking vows.

Objection 2: Further, children are under their parents' power. Yet children may make religious profession even without the consent of their parents. Therefore one is not hindered from taking vows, through being subject to another's power.

Objection 3: Further, to do is more than to promise. But religious who are under the power of their superiors can do certain things such as to say some psalms, or abstain from certain things. Much more therefore seemingly can they promise such things to God by means of vows.

Objection 4: Further, whoever does what he cannot do lawfully sins. But subjects do not sin by taking vows, since nowhere do we find this forbidden. Therefore it would seem that they can lawfully take vows.

On the contrary, It is commanded (Num. 30:4-6) that "if a woman vow any thing . . . being in her father's house, and yet but a girl in age," she is not bound by the vow, unless her father consent: and the same is said there (Num. 30:7-9) of the woman that has a husband. Therefore in like manner other persons that are subject to another's power cannot bind themselves by vow.

I answer that, As stated above (A 1), a vow is a promise made to God. Now no man can firmly bind himself by a promise to do what is in another's power, but only to that which is entirely in his own power. Now whoever is subject to another, as to the matter wherein he is subject to him, it does not lie in his power to do as he will, but it depends on the will of the other. And therefore without the consent of his superior he cannot bind himself firmly by a vow in those matters wherein he is subject to another.

Reply to Objection 1: Nothing but what is virtuous can be the subject of a promise made to God, as stated above (A 2). Now it is contrary to virtue for a man to offer to God that which belongs to another, as stated above (Q 86, A 3). Hence the conditions necessary for a vow are not altogether ensured, when a man who is under another's power vows that which is in that other's power, except under the condition that he whose power it concerns does not gainsay it.

Reply to Objection 2: As soon as a man comes of age, if he be a freeman he is in his own power in all matters concerning his person, for instance with regard to binding himself by vow to enter religion, or with regard to contracting marriage. But he is not in his own power as regards the arrangements of the household, so that in these matters he cannot vow anything that shall be valid without the consent of his father.

A slave, through being in his master's power, even as regards his personal deeds, cannot bind himself by vow to enter religion, since this would withdraw him from his master's service.

Reply to Objection 3: A religious is subject to his superior as to his actions connected with his profession of his rule. Wherefore even though one may be able to do something now and then, when one is not being occupied with other things by one's superior, yet since there is no time when his superior cannot occupy him with something, no vow of a religious stands without the consent of his superior, as neither does the vow of a girl while in (her father's) house without his consent; nor of a wife, without the consent of her husband.

Reply to Objection 4: Although the vow of one who is subject to another's power does not stand without the consent of the one to whom he is subject, he does not sin by vowing; because his vow is understood to contain the requisite condition, providing, namely, that his superior approve or do not gainsay it.

II–II · Q. 88, Art. 9: Whether children can bind themselves by vow to enter religion?

Whether children can bind themselves by vow to enter religion?

Objection 1: It would seem that children cannot bind themselves by vow to enter religion. Since a vow requires deliberation of the mind, it is fitting that those alone should vow who have the use of reason. But this is lacking in children just as in imbeciles and madmen. Therefore just as imbeciles and madmen cannot bind themselves to anything by vow, so neither, seemingly, can children bind themselves by vow to enter religion.

Objection 2: Further, that which can be validly done by one cannot be annulled by another. Now a vow to enter religion made by a boy or girl before the age of puberty can be revoked by the parents or guardian (20, qu. ii, cap. Puella). Therefore it seems that a boy or girl cannot validly make a vow before the age of fourteen.

Objection 3: Further, according to the rule of Blessed Benedict [*Ch. 58] and a statute of Innocent IV, a year's probation is granted to those who enter religion, so that probation may precede the obligation of the vow. Therefore it seems unlawful, before the year of probation, for children to be bound by vow to enter religion.

On the contrary, That which is not done aright is invalid without being annulled by anyone. But the vow pronounced by a maiden, even before attaining the age of puberty, is valid, unless it be annulled by her parents within a year (20, qu. ii, cap. Puella). Therefore even before attaining to puberty children can lawfully and validly be bound by a vow to enter religion.

I answer that, As may be gathered from what has been said above (A 7), vows are of two kinds, simple and solemn. And since, as stated in the same article, the solemnization of a vow consists in a spiritual blessing and consecration bestowed through the ministry of the Church, it follows that it comes under the Church's dispensation. Now a simple vow takes its efficacy from the deliberation of the mind, whereby one intends to put oneself under an obligation. That such an obligation be of no force may happen in two ways. First, through defect of reason, as in madmen and imbeciles, who cannot bind themselves by vow so long as they remain in a state of madness or imbecility. Secondly, through the maker of a vow being subject to another's power, as stated above (A 8). Now these two circumstances concur in children before the age of puberty, because in most instances they are lacking in reason, and besides are naturally under the care of their parents, or guardians in place of their parents: wherefore in both events their vows are without force. It happens, however, through a natural disposition which is not subject to human laws, that the use of reason is accelerated in some, albeit few, who on this account are said to be capable of guile: and yet they are not, for this reason, exempt in any way from the care of their parents; for this care is subject to human law, which takes into account that which is of most frequent occurrence.

Accordingly we must say that boys or girls who have not reached the years of puberty and have not attained the use of reason can nowise bind themselves to anything by vow. If, however, they attain the use of reason, before reaching the years of puberty, they can for their own part, bind themselves by vow; but their vows can be annulled by their parents, under whose care they are still subject.

Yet no matter how much they be capable of guile before the years of puberty, they cannot be bound by a solemn religious vow, on account of the Church's decree [*Sext. Decret. cap. Is qui, de Reg. et transeunt. ad Relig.] which considers the majority of cases. But after the years of puberty have been reached, they can bind themselves by religious vows, simple or solemn, without the consent of their parents.

Reply to Objection 1: This argument avails in the case of children who have not yet reached the use of reason: for their vows then are invalid, as stated above.

Reply to Objection 2: The vows of persons subject to another's power contain an implied condition, namely, that they be not annulled by the superior. This condition renders them licit and valid if it be fulfilled, as stated above.

Reply to Objection 3: This argument avails in the case of solemn vows which are taken in profession.