Moral Theology Part 145

2824. Opposition of Parents to Marriage.--In deciding whether the parental opposition to a marriage is reasonable or not, the pastor should take into consideration both the motives for the opposition and the reasons in favor of the marriage.

(a) The motives for the opposition are reasonable, if the parents object because of the undesirability of one of the couple, or their incompatibility, or the evil consequences that will follow the marriage. A person is undesirable on account of defects of soul (e.g., an atheist, a drunkard, a libertine, a man or woman of ill-fame, a cruel man, an ill-tempered woman), or of body (e.g., a person who is deformed, or malodorous, or afflicted with syphilis or other serious disease), or of mind (e.g., a half-witted person), or of economical ability (e.g., a man who is a gambler or spendthrift, or who is unable to earn a living; a woman who is loaded with debts or who cannot take care of a home). There is incompatibility when the ages of the couple or their rank in life, their race, their education, their tastes, or their dispositions are utterly different. There are evil consequences when scandals, hatreds, disgrace, or loss of temporal goods will ensue.

(b) The reason for the marriage, however, may suffice to prevail over the parental objections. Thus, if the strong disapproval of relatives is the only reason against a marriage and its abandonment will make the couple unhappy for life, charity does not oblige to such a sacrifice.

And the temporal advantage of a family should not be preferred to the spiritual benefit, if their son who is wild wishes to marry a poor girl who has a good influence over him rather than a wealthy girl whom he does not admire.

2825. Religious Duties before Marriage.--(a) Confession.--A public sinner (e.g., one who has been living in concubinage) is obliged to go to confession before marriage in order to repair his scandal. A sinner whose guilt is not public must repent before receiving the Sacrament of Matrimony, since it is a Sacrament of the Living and supposes the state of grace; but an act of contrition strictly suffices. It is recommended, however, that all persons go to confession as a preparation and that they make a general confession. The confessor should be told of any occult or incriminating impediment that was not disclosed to the pastor, and it is therefore advisable that the confession precede the ceremony by several days, so as to allow time for possible dispensations.

(b) Communion.--It is better that Communion be received on the day of one's marriage, but, if this is not convenient, it may be received several days before or several days after. There is no command as to this, but the Church's counsel is most earnest.

2826. The Celebration of Marriage.--(a) Requisites for Validity.--In order to be valid, a Catholic's marriage must be celebrated in the presence of the parish-priest or Ordinary, or of a priest delegated by either, and of at least two witnesses. There are two exceptions to this law, namely, in danger of death when the priest cannot be had and in the case of inability to appear before a priest within a month. This law is most suitable, since marriage is not a mere profane contract, but a Sacrament subject to the Church; the law is also necessary, since secret or clandestine marriages would be impossible of proof, and society and the family would be seriously harmed if they were permitted except in very extraordinary cases.

(b) Requisites for Lawfulness.--The pastor a.s.sists lawfully at a marriage if he has a.s.sured himself of the freedom of the parties to marry and of his own right to a.s.sist officially at their marriage. The pastor has the right to witness a marriage when the parties are his subjects by reason of their location in his parish, or when he has permission from their pastor or Ordinary to a.s.sist at the nuptials.

When the bride is from one parish and the groom from another, the rule is that the marriage should be held before the bride's pastor (Canons 1094 sqq.)

2827. The Rite of Marriage.--(a) The essential rite consists in the words of consent spoken by the bride and groom. The a.s.sisting priest asks for this consent, and then (except in a mixed marriage) blesses the newly married pair and the ring. Marriage by sign language or through an interpreter or proxy is not lawful without special permission, and marriage by letter is not recognized (Canons 1088 sqq.).

(b) The accidental rite is the nuptial blessing bestowed during the Nuptial Ma.s.s that follows on the marriage. This is omitted in mixed marriages, and also as a rule during Advent and Lent. The place for marriage is regularly in the parish church, if it is a Catholic marriage, but outside the church if it is a mixed marriage (see Canons 1100 sqq.). The Ordinary may dispense from the requirements of place (Canon 1109).

2828. Coperation in an Unworthy Marriage.--(a) The Priest.--The clergyman acts as the official representative of the Church, and hence only a serious reason will permit his a.s.sistance when the unworthiness of one of the parties is known to him in an extra-confessional way. A serious reason would be a threat of bodily harm to the priest or great spiritual detriment to the parties, such as their continuance in the state of sin. A more serious reason is required if one of the parties is an _excommunicatus vitandus_. Finally, at times only pa.s.sive a.s.sistance is permitted, as in certain mixed marriages in which the non-Catholic refuses to give guarantees, but there is greater danger of perversion without than with the a.s.sistance (see 2677 sqq.).

(b) The Spouses.--The bride and groom are the ministers as well as the recipients of Matrimony, and hence, if one of the parties knows that the other is not in the state of grace, there is an administration of a Sacrament to an unworthy recipient. But only charity would bid one to deny the Sacrament to that other party, if one could not induce him to dispose himself, and charity does not oblige with great inconvenience.

Hence the worthy party, if he or she has a suitable reason for marrying, does not sin by reason of the other party's unworthiness.

(c) The Witnesses.--The coperation of the witnesses is less than that of the priest and of the worthy party, and hence only in an extraordinary case do the witnesses sin by a.s.sisting at a marriage contracted before the Church. They may presume that all is well, if the pastor has agreed to the marriage; and even though they are certain that the bride or groom is in mortal sin, the fear of incurring displeasure or harm will ordinarily excuse the best man or bridesmaid from all sin, or at least from grave sin.

2829. Registration of Marriages.--The Code requires that marriages be recorded in the matrimonial and baptismal registers, and that notification be sent to the pastors of the parishes where the bride and the groom were baptized. This duty seems to be grave, since its end is to provide for stable conditions and secure proof of freedom to marry.

The entries should be made without delay (i.e., within three days at least), lest they be overlooked or be made incorrectly (Canon 1103).

2830. When an Impediment Is Discovered after Marriage.--A diriment impediment or other invalidating defect is sometimes discovered after the celebration of marriage. There are various solutions of this difficulty.

(a) If the marriage can be validated (or made valid), this should be done. The manner of simple validation of marriages null on account of diriment impediment, defective consent or lack of form, is declared in Canons 1133-1137.

(b) If the marriage cannot be validated simply, it may be made valid in certain cases by the special validation known as a _sanatio in radice_.

This supposes that a consent naturally sufficient, but juridically insufficient, was given, and that a renewal of consent cannot be obtained (see Canons 1138-1141).

(c) If marriage cannot be validated in any way (as in the case of an indispensable impediment), the parties should be separated, or permitted to live together as brother and sister, or left in good faith. Thus, if the nullity of the marriage is public, the parties should be separated after a declaration of nullity; if the nullity is secret and unprovable, the parties may be permitted to live together as brother and sister, if they know the marriage is null, but are not exposed to the danger of incontinence; if the parties are in good faith about their marriage and it is foreseen that serious evils would result were they told the truth (such as bad faith, or misfortunes for the children), they may be left as they are.

2831. The Lawfulness of Divorce and Separation.--(a) Complete divorce, or dissolution of the bond with the right to remarry during the lifetime of the other spouse, is never lawful, except in the cases mentioned in 2787 e. Moreover, the civil lawgiver has no right ever to dissolve the marriage tie, for the marriage bond of Christians is sacramental and not subject to the State, while the marriage bond of non-Christians is indissoluble by human authority. On the death of one spouse, however, the survivor is free to marry again, though chaste widowhood is more honorable.

(b) Incomplete divorce, or separation from bed and board, is allowed permanently to the innocent spouse in case of adultery, and temporarily when there are other good reasons. Thus, if one of the parties becomes an apostate, or gives non-Catholic education to the children, or leads a criminal or disgraceful life, or makes common life too hard by his cruelty, or endangers the other party in soul or body, the innocent spouse may separate after appealing to the Ordinary, or may depart on his or her own authority, if the facts are certain and there is danger in delay (Canons 1118 sqq.). With permission one may even seek a civil divorce, if it is a separation only, in order to be free as regards civil effects of marriage (1950).

APPENDIX I

SUMMARY OF COMMON LAW ON PROHIBITION OF BOOKS (Holy Office, 17 Apr., 1943) [placed at end of Volume I, after section 1625, in print edition]

Seeing that delays and omissions in denouncing the books frequently occur, and that many of the faithful are in a state of deplorable ignorance regarding the denunciation and prohibition of harmful books, the Supreme Sacred Congregation of the Holy Office deems it appropriate to call to mind the princ.i.p.al provisions of the sacred canons on this subject; for it is beyond doubt that bad or harmful writings expose purity of faith, integrity of morals, and the very salvation of souls to the greatest dangers.

Certainly the Holy See cannot by itself, with adequate care and in due time, prohibit the numberless writings against faith and morals which, especially in our time, are being published almost daily in various languages all over the world. Hence it is necessary that the Ordinaries of places, whose business it is to preserve sound and orthodox doctrine and to protect good morals (C, 343, 1), should, either personally or through suitable priests, be watchful as to the books which are published or sold in their territory (C. 1397, 4), and forbid to their subjects those which they judge should be condemned (C. 1395, 1). The right and duty to forbid books for just cause belongs also to an Abbot of an independent monastery and to the Superior General of a clerical exempt Inst.i.tute acting with his Chapter or Council; nay, in case of urgency, it belongs also to the other Major Superiors with their proper Council, it being understood, however, that these must as soon as possible report the matter to the Superior General (C. 1395, 3).

Nevertheless, books which require a more expert scrutiny, or in regard to which, for salutary results, the judgment of the supreme authority seems to be required, should be referred by the Ordinaries to the judgment of the Holy See (C. 1397, 5).

It is, of course, the duty of all the faithful, and especially of clerics, to denounce pernicious books to the proper authority; but this duty is especially inc.u.mbent on clerics who have some ecclesiastical dignity, such as the Legates of the Holy See and the Ordinaries of places, and on those who are eminent in doctrine, as for example the Rectors and Professors of Catholic Universities.

The denunciation is to be made either to this Congregation of the Holy Office or to the Ordinary of the place, giving by all means the reason why it is thought the book should be forbidden. The persons to whom such a report is made have a strict duty to keep secret the names of those who make it (C. 1397, 1, 2, 3).

Finally, Ordinaries of places and others who have the care of souls should duly inform the faithful of the following:

a) The prohibition of books has the effect that, unless due permission is obtained, the forbidden book may not be published, nor republished (without making the corrections and obtaining due approbation), nor read, nor retained, nor sold, nor translated into another language, nor in any way communicated to other persons (C. 1398, 1, 2);

b) Books condemned by the Holy See are considered as forbidden everywhere and in whatever language they may be translated (C. 1396);

c) The positive ecclesiastical law forbids not only those books which are individually condemned by a special decree of the Holy See and placed on the Index of Forbidden Books, or which are proscribed by particular Councils or Ordinaries for their subjects, but also the books which are forbidden by the common law itself, that is, in virtue of the rules contained in Canon 1399, which forbids in a general manner nearly all books which are bad and harmful in themselves;

d) The natural law forbids the reading of any book which occasions proximate spiritual danger, since it forbids anyone to place himself in danger of losing the true faith or good morals; accordingly, permission to use forbidden books, from whomsoever it be obtained, in no way exempts from this prohibition of the natural law (C. 1405, 1).

APPENDIX II

The "Ec.u.menical Movement"

[placed at end of Volume I, after the preceding Appendix, in print edition]

On December 20, 1949 the Holy Office issued an instruction on the "Ec.u.menical Movement" addressed to all local Ordinaries. In its prefatory remarks the Instruction insisted upon the Church's intense interest to attain to the full and perfect unity of the Church. It noted as an occasion of joy the desire of many separated from the Church to return to the unity of Christ's fold, a good intention, indeed, which, however, in being put into practice has not been regulated by right principles. Accordingly the Holy Office prescribed that local Ordinaries maintain due vigilance over the a.s.sociations seeking Church Unity, that they designate well-qualified priests to pay close attention to everything which concerns the "Movement," and that they supervise publications on this matter by Catholics or by non-Catholics, in as far as these are published, or read, or sold by Catholics. The manner and method of proceeding in this work is to be regulated by the Ordinaries, who are cautioned to prevent the growth of indifference to Catholic truth and fallacious hopes of unity based upon false or impossible foundations. With regard to mixed a.s.semblies of Catholics and non-Catholics, when there seems to be hope of spreading knowledge of Catholic doctrine, the Ordinary is instructed to designate well-qualified priests, to explain and defend the Church's teaching.

Special permission, however, must be obtained from Ecclesiastical Authority if Catholic laymen are to attend. Where no hope of good results exists, the meetings are to be ended or gradually suppressed.

The following specific instructions are given for the conduct of "Ec.u.menical meetings."

All the aforesaid conferences and meetings, public and non-public, large and small, which are called for the purpose of affording an opportunity for the Catholic and the non-Catholic party, for the sake of discussion, to treat of matters of faith and morals, each presenting on even terms the doctrine of his own faith, are subject to the prescriptions of the Church which were recalled to mind in the _Monitum, "c.u.m compertum_" of this Congregation under date of 5 June, 1948. Hence, mixed congresses are not absolutely forbidden; but they are not to be held without the previous permission of the competent Ecclesiastical Authority. The _Monitum_, however, does not apply to catechetical instructions, even when given to many together, nor to conferences in which Catholic doctrine is explained to non-Catholics who are prospective converts, even though the opportunity is afforded for the non-Catholics to explain also the doctrine of their church so that they may understand clearly and thoroughly in what respect it agrees with the Catholic doctrine and in what it differs therefrom.

Neither does the said _Monitum_ apply to those mixed meetings of Catholics and non-Catholics in which the discussion does not turn upon faith and morals, but upon ways and means of defending the fundamental principles of the natural law or of the Christian religion against the enemies of G.o.d who are now leagued together, or where the question is how to restore social order, or other topics of that nature. Even in these meetings, as is evident, Catholics may not approve or concede anything which is in conflict with divine revelation or with the doctrine of the Church even on social questions.

As to local conferences and conventions which are within the scope of the _Monitum_ as above explained, the Ordinaries of places are given, for three years from the publication of this Instruction, the faculty of granting the required previous permission of the Holy See on the following conditions:

1. That _communicatio in sacris_ be entirely avoided;

2, That the presentations of the matter be duly inspected and directed;

3. That at the close of each year a report be made to this Supreme Sacred Congregation, stating where such meetings were held and what experience was gathered from them.

4. As regards the colloquies of theologians above mentioned, the same faculty for the same length of time is granted to the Ordinary of the place where such colloquies are held, or to the Ordinary delegated for this work by the common consent of the other Ordinaries, under the same conditions as above, but with the further requirement that the report to this Sacred Congregation state also what questions were treated, who were present, and who the speakers were for either side.

As for the interdiocesan conferences and congresses, either national or international, the previous permission of the Holy See, special for each case, is always required; and, in the pet.i.tion asking for it, must also be stated what are the questions to be treated and who the speakers are to be. And it is not allowed, before this permission has been obtained, to begin the external preparation of such meetings or to collaborate with non-Catholics who begin such preparation.

5. Although in all these meetings and conferences any communication whatsoever in worship must be avoided, yet the recitation in common of the Lord's Prayer or of some prayer approved by the Catholic Church, is not forbidden for opening or closing the said meetings.