23 February 2012

Reception vs Witnessing of Vows: Is there a Difference?

[[Sister Laurel,
What is the difference between private vows that are witnessed by a priest or even a Bishop, and vows that are received in the name of the Church by a priest or Bishop? I have heard someone with private vows say her vows were received by a priest. But were they?. . .]]

There are two ways of thinking and speaking about this. The first (and I would argue, the mistaken way) says all vows which are made to God in the presence of someone in the Church, usually a priest but sometimes a spiritual director, etc, are received but do not necessarily set up a legitimate relationship between the one receiving the vows and the one making them.  In such a case they may be private vows marking a private act of commitment or dedication and the person 'receiving' the vows does not become responsible in any way for the continued living out of these vows. The second and correct way of speaking reserves the use of the term received for those vows which are public, are received by a legitimate superior in the name of the Church, and result in public rights and obligations as well as establishing a legitimate relationship between the one making the vows and the one receiving them. For private vows which do not do this, the term witnessed is used instead.  Speaking in this second way distinguishes between receiving vows as a person acting in his/her own name because s/he does not have the intention or the authority to receive public vows in the name of the Church (which it calls witnessing these vows) and the act of one who has both the authority and the intent to receive these vows publicly in the name of the Church. In either case the real distinction is between private dedication and public profession and the shift in usage to the second way of speaking is meant to underscore this.

When one makes public vows one does so literally in the hands of a legitimate superior (a superior in law). This is reminiscent of the more ancient feudal oaths of fealty sworn by the subjects of Kings and other nobles in the hands of their superiors. The Lord/King received such an act of fealty and was bound himself by it. Such an act set up a mutual relations

In terms of public vows of religious/consecrated life, the act of profession/consecration sets up a similar relationship between the church in the person and office of a legitimate superior and the one making vows/being consecrated. Thus, for instance, the diocesan hermit has a right to certain expectations of her Bishop in assisting her to live out her vocation in the name of the Church, and the Bishop representing the Church as a whole has similar rights and expectations of the hermit. He commissions her to live out her vocation in the name of the Church. The reception of vows means that they are in this together: hermit and Bishop (and his successors) each with their own rights and obligations --- unless the relationship is substantially changed by the expiration, cessation (due to material changes in the situation) or the dispensation of vows. There is a mutuality of rights and obligations involved in reception of vows. In religious congregations individuals making public vows in the hands of a legitimate superior have the right to expect the superior (and his/her legitimate successors) to act in ways which nurture and protect the person/vocation, while the one making vows acquires rights and responsibilities she did not have before profession.

When vows are witnessed by priests, directors, or even Bishops, none of this occurs. One has committed a private act which is personally significant, but there is no explicit and mutual relationship set up in which both parties are responsible for the vocation being mediated, ratified, and lived out. Witnesses do not receive vows. Neither is there a correlative commissioning of the person to act in the name of the church. We see this kind of situation all the time in the execution of legal documents, etc. For instance, a person witnesses a will. In doing so they do not become part of a mutual relationship with regard to this will. They are not responsible in any way for the carrying out of the terms of the will because while they witness to the FACT of the will they are not a party to the actual legal arrangement being made. If the person executing the will never sees the witness again it is inconsequential to the nature of the document or the legal obligations which obtain. When a person makes public vows witnesses also sign the profession formula, but they do so as witnesses to the relationship and the rights and responsibilities entered into by individual and church in the act of profession. They do not themselves become part of the relationship or complex of mutual rights and obligations extended to or accepted by the one making her profession and the one in whose hands the profession was made.

By the way, it really does not matter if the witness is the Pope himself so long as he is not acting specifically and intentionally to receive these vows in the name of the Church and to enter into a relationship which both extends public rights and responsibilities to this person and accepts a legitimate place in the carrying out of these. But if the vows are private, then this intention (and often, the actual authority to act in this way) is absent. Conversely, if the intention and/or the authority to act in this way are absent, the vows are private. (An ordinary parish priest cannot receive public vows except when authorized to do so by a legitimate superior who may delegate this authority.) If the vows are public then this intention (and the authority to act in this way) are a part of the public nature of the vows themselves --- that is, these are part of what makes these vows public as opposed to private. Since the person you describe self-reported she made private vows, i.e., vows which were personally significant but issued in no legal rights or obligations beyond those already embraced in and mediated through Baptism and no differing legal relationship with her Bishop the second way of speaking would hold these vows were not received, but witnessed.
 
I hope this helps.