§ 5. Defect of Sacrament.

151. Declarations. Irregularity from defect of sacrament, namely of marriage, is also called irregularity from bigamy, because it has its origin from bigamy.

1. A threefold bigamy is distinguished: true, interpretative, and similitudinary.

a. True bigamy is had when someone successively contracts two valid marriages and consummates them by carnal copula. A bigamist is called a man who successively has had two wives and has known each; a man who successively has had three wives will be a trigamist, and so on.

b. Interpretative bigamy is had when someone indeed contracts only one marriage, which nevertheless by interpretation of law is twofold, and consummates it. But a marriage is judged twofold if a man marries a wife who already previously was known by another man (as if he marries a widow known by a previous husband, or a woman already corrupted by another), or if he approaches his own wife after she has committed adultery: for a woman who has known two or more is, as it were, a twofold wife.

c. Similitudinary bigamy is had: a. when someone contracts two marriages, one valid, the other invalid, and consummates each; b. when someone, after his wife has died, receives sacred order and then (invalidly) marries another wife and knows her; c. when someone, never before married, after religious profession or after sacred orders have been received, contracts marriage (invalidly) with a virgin and consummates it. In this case there is a twofold marriage, one spiritual with Christ, the other carnal with a woman. This bigamy is called similitudinary, because in an invalid marriage there is indeed not a sacrament, but nevertheless some likeness of a sacrament.

2. In order that the reason for this irregularity may be declared, it must be noted that marriage, from its institution, according to the Apostle, signifies the union of Christ with the Church, and this as one and indivisible.¹ The man represents Christ, the woman the Church. This signification is had fully and perfectly only in a marriage entered and consummated with a virgin. For just as Christ is joined to only one Church, so the man who contracts and consummates marriage with a virgin is joined to only one wife.

But bigamy is not suitable for perfectly representing the union of Christ with the Church, because the bigamist has joined himself to two wives. On account of this defect, which by its nature inheres in bigamy, a bigamist is declared irregular by the Church. And because the defect is in this, that bigamy cannot perfectly exhibit the signification which belongs to the sacrament of marriage from its institution, it is called irregularity from defect of sacrament, or rather from defect of the signification of the sacrament. Therefore the reason of the irregularity is the defect inhering in the sacrament which the bigamist has received, not the incontinence of a man passing to second nuptials. Therefore a man who has carnal knowledge of a woman outside marriage does not become irregular.

¹ Eph. 5, 32.

152. True, interpretative, and similitudinary bigamy induce irregularity.

1. Concerning true bigamy.

a. Irregularity from true bigamy is not established by divine law, but by ecclesiastical law. For although from Sacred Scripture a bishop or priest ought to be the husband of one wife,¹ nevertheless by these words the Apostle does not promulgate a divine law; but these words gave the Church occasion for establishing a law by her own authority.² For a law in which the Church truly dispenses cannot be divine law, but must be ecclesiastical law. On account of the analogy which each other bigamy has with true bigamy, the Church extended irregularity also to them.

b. Bigamy constitutes irregularity even if someone married two wives before baptism, or one before baptism and the other after baptism. For the defect on account of which irregularity was established inheres also in an unbelieving bigamist and cannot be washed away by baptism. Before baptism a bigamist is not indeed irregular except radically, but once baptism has been received he becomes formally irregular, as Innocent I expressly declared.³

2. Concerning interpretative bigamy.

The individual cases of interpretative bigamy are expressly established in law; namely, he is irregular: a. who marries a widow;⁴ b. who marries a corrupted woman;⁵ c. who has known an adulterous wife.⁶

This irregularity applies also to a cleric constituted in sacred orders who marries a widow or a corrupted woman, even if his marriage is invalid.⁷

3. Concerning similitudinary bigamy.

a. The first case of similitudinary bigamy, which is had if someone enters two marriages, one valid, the other invalid, St. Alphonsus refers to interpretative bigamy. But according to St. Alphonsus himself as witness, this irregularity is not had as expressed in law; authors establish it on account of similitude with another particular case expressed in law. But since an irregularity which is not expressed in law is not to be established, and since it is not licit to conclude from a case to a similar case, this irregularity is asserted gratuitously, or at least is doubtful.

b. The particular case expressed in law is this: if a cleric constituted in sacred orders, who before ordination had been joined in marriage and had known his wife, marries another wife (certainly invalidly) and knows her.⁸

c. The second case of similitudinary bigamy, which is had if someone after solemn profession or after sacred order has been received contracts marriage with a virgin and knows her, is indeed established by the common opinion of authors; but with Suarez as witness this case is not contained in law.⁹

¹ 1 Tim. 3, 2. In verse 12 it is established: deacons are to be husbands of one wife.

² C. Ut bigami 1 De bigamis (I. 21).

³ C. Si quis viduam 13. dist. 34.

⁴ C. De bigamis 3 De bigamis (I. 21).

⁵ C. Debitum 5 De bigamis (I. 21).

⁶ C. Si cuius 11. and C. Si laici 12. dist. 34.

⁷ C. A nobis ult. De bigamis (I. 21).

⁸ C. Nuper 4 De bigamis (I. 21).

⁹ Suarez disp. 49. sect. 4. n. 3.

153. Therefore no bigamy intervenes, and consequently no irregularity from bigamy, in the following cases.

a. If someone contracts espousals with two women, even if he has known them carnally, because the union of Christ with the Church is signified only by marital copula, not by fornicatory copula.

b. If someone enters marriage with two women, but consummates it with only one, because a division of flesh into two wives is not made.

c. If someone marries a widow carnally known neither by her husband nor by another, because she is not a twofold wife.

d. If someone marries a woman previously corrupted by himself, but not by another, because she is not a twofold wife.

e. If someone, whether unmarried or married, has fornicated with a prostitute, because fornicatory copula does not signify the union of Christ with the Church, or because a division of flesh into several wives is not made.