Case XCIV: Dispensation from the Impediment of Crime

Case.—David and Lucilla were lawfully married in 1913, but they never lived together and the marriage was not consummated. David learned that Lucilla had been unfaithful to her marriage vows, and he obtained a divorce. Lucilla then married George, the co-respondent, before a civil magistrate. To this union several children were born. Subsequently George and Lucilla, repenting of their evil course of life, renewed their marriage consent before their parish priest, after a dispensation super matrimonio rato et non consummato had been granted, as David was still living. Question:

1. What is the impediment of crime?

2. What is the law regarding dispensation from this impediment?

3. Was the marriage of George and Lucilla invalidated by the impediment of crime?

Solution:

1. The diriment impediment of crime arises in three cases: (a) between those who in order to marry have conspired against and murdered the husband or wife of one of the parties; (b) between those who have committed adultery together and also promised or attempted marriage, during the life time of the injured husband or wife; (c) between adulterers, one of whom murders the injured spouse in order to contract marriage with the partner in guilt.

2. Since this impediment was established by ecclesiastical law, the Church may always dispense from it. In case of public homicide, however, it is never dispensed. When adultery has been joined with attempted marriage, the dispensation is granted only for grave reasons. The impediment is not incurred by infidels, but it holds if one of the parties is Christian. Whether ignorance of the impediment excuses is a disputed question, but the negative view is the more common. For while the impediment is intended as a punishment, the chief purpose of the Church is to remove the reason for such crimes by rendering the guilty ones disqualified for marriage. It can easily happen, though, that the impediment arising from adultery and attempted marriage be overlooked by those who, seeking to have their civil marriage validated, ask for a dispensation super matrimonio rato et non consummato, or a declaration of liberty on account of the presumed death of the former consort. Hence the Church, in order to prevent the danger of invalidity, has provided that in such cases the dispensation from the impediment of crime, so contracted, shall be considered as granted through the concession of the dispensation or declaration sought for. (S.C. Sacr. 3 Junii, 1912.) This decree is retroactive and grants the revalidation and sanation of any marriage that had for this reason been invalid before.

3. The first marriage of George and Lucilla was of course invalid. Moreover, it induced the impediment of crime. For from what was said in the first paragraph under (b) it follows that this impediment results when a divorced person contracts and consummates a civil union during the lifetime of the lawful spouse; so that even after the former husband or wife has died, the second marriage cannot be revalidated without a dispensation. However, the second marriage of George and Lucilla was valid. The’ dispensation granted them included the dispensation from the impediment of crime.