149. Spiritual Relationship

1. "A certain Christian was sponsor of a certain infant baptized at home because of danger of death; afterward he took the infant's mother as wife. Because of the diverse opinions of theologians concerning the impediment of spiritual relationship, what must be judged concerning this marriage?

"R. The Most Holy One must be consulted for a dispensation of the marriage, insofar as there is need, upon the impediment of spiritual relationship, and also for sanation in the root." S. C. de P. F., March 18, 1817; Collect. n. 1250; I. M. 459.

2. Laurianus acted as sponsor in the baptism of all the children of Iacobus. Iacobus having died, Laurianus thinks of taking his widow as wife.

It is asked: Is Laurianus bound to the aforesaid widow by a multiple spiritual relationship, or only by a single relationship?

R. Spiritual relationship can indeed be multiple, and this multiplicity must be expressed in the supplicatory petition, so that the dispensation may be valid. But, in the case, there is not had a multiple spiritual relationship. For it is not multiplied when someone acts as sponsor of several children of someone in the same sacrament; but when each one in turn receives or holds the offspring of the other, and when someone, which is illicit, both receives the same child, or another child of the same person, in baptism, and holds him in confirmation. I. M. 1009.

3. Amandus, an infidel, had promised nuptials to Amalia, a Catholic. For the marriage to be celebrated, a dispensation from the impediment of disparity of cult was awaited. Meanwhile Amandus falls gravely ill, and, now near death, is converted to the faith by Amalia. On a certain day, when danger of death was imminent, since the missionary was far away and no other Catholic was present, Amalia herself administered baptism to Amandus. Having received baptism, Amandus recovered; and, to the common joy of all, since no dispensation was now needed any longer, he celebrates marriage before the missionary and witnesses.

It is asked: What is to be said to the case?

R. The marriage of Amandus and Amalia is null because of the impediment of spiritual relationship. But it is most difficult that a dispensation can be obtained in the case.

For first, it is altogether undoubted that spiritual relationship is contracted even by a layperson privately baptizing, and in necessity, an outsider who is not his own child, as is clear from Trent, sess. 24, c. 2, de R. M., where it is affirmed that relationship arises from true baptism, between the one baptizing and the baptized, and no distinction is made between baptism conferred solemnly and not solemnly, by a layperson or by a priest. Schmalz., l. 4, t. 11, n. 50, 51; L. 149.

But an impediment of spiritual relationship of this sort between spiritual father and spiritual son is such that the Apostolic See is not accustomed to dispense in it. Ancient and more recent theologians and canonists report scarcely one example, which nevertheless is referred to a sponsor and a goddaughter. Cf. De Iustis, de Dispens. matr., l. 2, c. 5, n. 72; Sanchez, l. 8, d. 24, n. 15; Pont., l. 8, c. 17, § 5, n. 28. The reason is that spiritual regeneration, from which this relationship arises, is likened to carnal generation, which altogether does not admit dispensation in the direct line. And the Sacred Canons define that there must be greater abstaining from the marriage of those who are spiritual relatives to us than of those who are carnal blood-relatives to us. C. 1, 2, 3, q. 3, c. 30; Schmalz., l. c., n. 57.

Second, with attention to the exposition of the case, there is altogether lacking, for obtaining dispensation of such an impediment, a just and proportionate cause. For "a most grave and most urgent cause is required, such as would be danger of life threatening the petitioners because of their carnal commingling; or another public cause, as Sanch. teaches, l. 8, d. 24, n. 15, Fagnanus in cap. Ex litteris De Cognat. Spirit., n. 18, and the distinguished Fr. Schmalz., v. 9, tit. 16, n. 144. And here De Iustis adds, lib. 2, cap. 5, n. 79, that, where a dispensation of this sort is to be obtained in the form for the poor, the petitioner is also bound to go to the City, in order to contribute his labor to the Fabric, although he be lame and weak." Giovine, de Dispens. matrim., Consultat. Canonic., tom. 1, p. 2, § 217, p. 391 seq.

Third, which is the chief point, theologians and canonists who assert the very great difficulty of obtaining a dispensation upon spiritual paternity and filiation, who require for it a most grave and most urgent cause, and who affirm that a marriage of this sort is most unbecoming, and therefore that the Holy See is not accustomed to dispense in it, and bring forward one example of dispensation, in reality speak only of spiritual paternity and filiation which exists between a sponsor and a goddaughter; by no means, however, of the paternity and filiation which exists between the one baptizing and the baptized. Namely, the aforesaid doctors seem to suppose that such a dispensation has altogether never in fact been conceded and is never to be conceded. Indeed that unbecomingness is still far greater in the marriage of one baptizing and one baptized; and if the one baptizing is a woman, as in the case, and the baptized person a man, the irreverence of marriage between a spiritual mother and a spiritual son appears still graver. Cf. Sanchez, l. 8, d. 19, n. 7; d. 24, n. 15; De Iustis, l. 2, c. 5, n. 80; Reiffenstuel, Append. n. 136; Corrad., l. 8, c. 8, n. 15.

Notwithstanding these things, a dispensation has in reality been conceded in the internal forum by the Sacred Penitentiary in more recent times. Therefore, should the case occur, it can be set forth to the Sacred Penitentiary.

Besides, this too must be noted: that the present impediment is not found excepted in the faculty granted to Ordinaries of places of dispensing the sick in very grave danger of death upon diriment impediments of marriage by ecclesiastical law, by force of the Decree of the Holy Office, Feb. 20, 1888.