A. On Distinctions of Vow

7. I say that a vow of continence can be public or private; it can also be simple or solemn. And these distinctions are not the same, because both public and private vow can be simple or solemn; for a vow is not solemnized save in one of the ways that are set down in Boniface VIII Decretals Book Six III tit.15 ch.1.

8. Also Gregory IX, Decretals IV tit.6 ch.6, three modes are touched on in the gloss [ibid.], where is found the following: “A solemn vow is what is made when one of these solemnities intervenes, namely by reception of Orders, Gratian, Decretum, p.1 d.28 ch.8; again, by reception of sacred vestments, which should only be given to those who profess in the presence of witnesses by whom it could be proved (if he denied it), Gregory IX, Decretals III tit.31 ch.23; in a third way when one vow oneself, by profession, to some Religion or Abbot or Abbess [ibid.]. And in order that one not be able to deny it, let there be a public writing therefrom, Gratian, Decretum, p.2 cause 27 q.1 ch.36, in which writing let one profess that one want to live religiously. But otherwise, when a vow of continence has been made, even in the presence of many, it is said to be simple, as if not clothed with or instituted by any solemnity. This the gloss.

9. In brief these modes that are here set down, and those that are set down in the other chapter [n.7], are not matter of law save two, namely by reception of Holy Orders and by a true or presumed vow of Religion. It is presumed, indeed, when one receives the habit of the professed, when there is a distinction between the habit of novices and of the professed; and also when there is a stay beyond a year in a monastery, without protestation of not professing.

10. And the vow is called solemn, not because it is public, but because it has something annexed in it, so that it have to come into public notice, and by which the one who vows is put under the power of another man. And so it is precisely in the reception of Holy Orders and profession of Religion, because by reception of Holy Orders the receiver is made a minister of the Church and is under the power of the bishop differently than before, because the bishop can compel him to keep the clerical state and to avoid the things that are repugnant to the clerical state. Hence if he receive the aforesaid Orders in secret, it would still be solemn, for the reason already stated.

11. Thus too, profession of Religion, made in the hands of him who can receive it, has in itself something annexed whence it have to come to public notice, because such a person has to dismiss secular life and live life with others in the cloister of his order; and therefore it is solemn even if it were done in secret.