150. Legal Relationship, Public Honesty, Vow

1. "Whether adoption is to be held as a canonical impediment diriment of marriage in the Kingdom of Tunkin, when, according to the laws and customs of the same kingdom, a person not yet of his own right can adopt, and it is not required that the adopter be older by 25 years, just as little care is taken whether it be a male or a female; eunuchs themselves also are able to adopt, and no account is taken of the age of the adopter relative to the adopted person, nor is the presence of the adopted person required, or his consent in the adoption, so that even absent little children and girls, and those incapable of true consent, can be adopted as sons and daughters?

"R. Negatively." S. C. de P. F., Jan. 14, 1802; I. M. 1011.

2. Titius, a pagan, married Maevia, a pagan, and with her did not consummate the marriage. After the death of Maevia, Titius becomes a Christian. Can he marry Bertha, the sister of Maevia, who has become Christian from pagan?

R. Affirmatively. For the impediment of public honesty from a marriage not consummated does not subsist in the case. And the same would be so if only betrothals had intervened between Titius and Maevia. S. O., Sept. 26, 1837; I. M. 1014.

3. Titius, a spouse, having obtained permission from his spouse to set out for a time into America, entered Religion there and emitted solemn vows. Titia, his spouse, knowing the matter, recalled Titius, her spouse, to herself, since she had several children and herself labored under a grave illness. Titius returned, and, finding his spouse dead and the children still minors in age, entered a new marriage with Caia.

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

R. The religious profession of Titius, his wife being unwilling or not consenting, as in the case, was invalid. But Titia the wife wholly by right sought and recalled her husband, who, returning, was bound to render the debt to his wife. C. Quidam 3, c. Placet 12, de Convers. coniug.; Schmalzgr., l. 3, tit. 32, n. 24. But, since Titius, emitting religious profession, is presumed by force of law to obligate himself as much as he can, hence he is considered to emit a vow of continence, and therefore, while his wife was living, he could not have asked the debt; his wife being truly dead, he cannot enter another marriage. C. Quidam 3, de Convers. coniug. Nevertheless, if Titius, emitting religious profession, had altogether been unwilling to vow continence except dependently on religious profession, he would not then be held by the vow of continence, and could then have asked the debt, and now could contract another marriage; for presumption yields to truth; and this is valid both in the forum of conscience and also in the external forum, if it is duly proved. Schmalz., l. c., n. 24, 26. But if Titius had truly wished to obligate himself as much as he could, then, entering marriage after his wife had died, without dispensation, this indeed would have been illicit, but not invalid. C. Quidam cit. - G. 913; I. M. 899, 990, 1015.