28 July 2020

The Catechism of the Summa - Tertia Pars - XLIII. OF THE SACRAMENT OF MATRIMONY; OF ITS NATURE, IMPEDIMENTS, DUTIES; OF DIVORCE; OF SUBSEQUENT MARRIAGE; AND OF ESPOUSALS (E)

(N.B. The Canons referred to in this section are from the Pio-Benedictine Code of 1917, NOT the Johannine Code of 1983!)

(E)

Does the Church ever dispense from these diriment impediments?

She never dispenses and indeed she cannot dispense from those diriment impediments that arise from strict natural law or the divine law, as are, for instance, impotency, or the consummated marriage, or consanguinity in the direct line, or in the collateral line between two very nearly related as brother and sister. But as regards the other impediments which in the main are due to her own ruling she can dispense from them, but only does so for very grave reasons.

Is there not a diriment impediment that does not refer to the condition of the contracting parties, but is extrinsic to them?

Yes; and it is the impediment of clandestinity.

What is clandestinity?

It is a law of the Church which declares null and void the marriage contracted between baptized Catholics, or those who sometime or other were Catholics -- and between baptized and non-Catholics whether the latter be baptized or not -- and between Latins and Orientals-if the marriage is not contracted before the parish priest or before the bishop of the place, or before a priest delegated for this purpose, with at least the presence of two witnesses. If the parish priest or the bishop absolutely cannot be present or only under the greatest difficulties, and there is danger of death to one of the parties, or the difficulties be of such nature that it is impossible for either the parish priest or the bishop to be present for the space of a month, the marriage can be contracted validly with the testimony of two witnesses only (Code, Canons 1094-1099).

Next - The Catechism of the Summa - Tertia Pars - XLIII. OF THE SACRAMENT OF MATRIMONY; OF ITS NATURE, IMPEDIMENTS, DUTIES; OF DIVORCE; OF SUBSEQUENT MARRIAGE; AND OF ESPOUSALS (F)

No comments:

Post a Comment

Comments are subject to deletion if they are not germane. I have no problem with a bit of colourful language, but blasphemy or depraved profanity will not be allowed. Attacks on the Catholic Faith will not be tolerated. Comments will be deleted that are republican (Yanks! Note the lower case 'r'!), attacks on the legitimacy of Pope Francis as the Vicar of Christ (I know he's a material heretic and a Protector of Perverts, and I definitely want him gone yesterday! However, he is Pope, and I pray for him every day.), the legitimacy of the House of Windsor or of the claims of the Elder Line of the House of France, or attacks on the legitimacy of any of the currently ruling Houses of Europe.