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