Case LXVII: Marriage by Priest Without Banns and Confession

Elvira, after a lapse of ten years since her last Confession, appeared in the confessional. In the interval she had been seduced by Alexis, and become a mother, had been civilly married to him, and borne him three children. Both husband and wife are highly esteemed by the community, and no one knows of their merely civil marriage. Father Titus refuses absolution until Elvira shall bring her husband to have their marriage performed by a priest. Next day she appears with Alexis. The priest questions them in regard to possible impediments and finds that there exist none. He can not, however, induce Alexis, who agrees to the church ceremony for Elvira's sake, to go to Confession, he declares that sooner than to do so, he would do without the church ceremony. Thereupon Father Titus decides to make use of his authority to marry persons living in concubinage, without previous publication of banns; he hears Elvira's Confession, gives her absolution and then joins the parties in marriage before two witnesses. Did he do right?

^* By A. Lehmkuhl, S.J.

Solution. Titus was quite correct; it would have been wrong to have acted otherwise.

The reasons for this decision are obvious. Of course the pastor is obliged to exclude as far as possible the unworthy from participating in the Sacraments. Matrimony being a Sacrament of the living, requires a state of grace; no one therefore can approach it, without having been previously purified from such grievous sins as he may have committed. Even if this can take place by an act of perfect contrition, yet the pastor ought to insist upon a good Confession, and the priestly absolution before marriage. But in matrimony the priest is not dispenser; he is only an authoritative witness. To prevent its unworthy reception he is under obligation only in so far as his is the duty of direction and furthermore the duty to avoid becoming accessory to sin. This duty is, however, superseded when weighty reasons are opposed to it.

In our case there are the weightiest reasons why lawful marriage between Alexis and Elvira should take place, especially considering Elvira, who earnestly desires to be reconciled to God and who is anxious to have her relation to Alexis put in proper order. She is for her own sake, and for the sake of her children, entitled to a lawful marriage ceremony; without such she would be compelled to leave Alexis, to throw herself penniless upon the world, and to see her children dishonored; or else she would remain in the near occasion of sinning. If, therefore, Alexis consents to the church ceremony, to make their marriage lawful, but without being reconciled with God, therefore on his part sacrilegious, the pastor, as well as Elvira, has sufficient reason not to refuse on his part the necessary material cooperation; indeed the pastor is bound to lend his priestly assistance in the marriage, if he otherwise fails to find any impediment. This question is treated in a detailed and thorough manner in Lugo's De Sacramentis in Genere, disp. 8 (sect. 13 and 14).