Section — Noldin, Summa of Moral Theology
Section 11. Public Honesty.
601. Nature of the Impediment. 1. The impediment of public honesty consists in this, that matrimony is invalid between those who have contracted invalid matrimony (whether it has been consummated or not), likewise between those who live in public or notorious concubinage, and certain consanguineous persons.1
a. Public honesty in law is also called quasi-affinity, which from the new Code must be defined: the nearness of persons arising from invalid matrimony (whether consummated or not consummated) and from public or notorious concubinage between the man and the blood relatives of the woman, and conversely. This nearness is the foundation of this impediment.
b. As affinity arises from valid matrimony, so public honesty proceeds from invalid matrimony and from public or notorious concubinage. Therefore this impediment does not arise from carnal commerce outside concubinage, but only if it is joined with concubinage.
c. This impediment arises from matrimony invalid in any way whatever, whether it is invalid from defect of consent or from another impediment; therefore also from civil matrimony, since this matrimony among Catholics is invalid because of clandestinity.
The impediment of public honesty exists between the man who has contracted invalid matrimony or lives in public or notorious concubinage and the blood relatives of the woman; likewise between the woman who has contracted invalid matrimony or lives in concubinage and the blood relatives of the man.
The impediment of public honesty dirimently impedes matrimony in the first and second degree of the direct line between the man and the blood relatives of the woman, and conversely, but not likewise in the collateral line.2
This impediment is of ecclesiastical law. Natural law indeed shows that it is contrary to decency for someone to enter matrimony with the relatives of a person who has been publicly and intimately joined to him, but it does not show that matrimony of this sort is invalid. Wherefore this impediment is not contracted by infidels. Moreover, affinity dirimently impedes matrimony only by ecclesiastical law; therefore, a fortiori, public honesty.
Note. The ancient impediment of public honesty has been greatly changed both with regard to nature and with regard to extent.
a. Formerly the impediment arose from matrimony ratified whether valid or invalid, provided it was not invalid from defect of consent. Now it arises only from invalid matrimony, whatever the cause of invalidity may be, or from public or notorious concubinage.
b. Formerly this impediment dirimently impeded matrimony up to the fourth degree inclusively in each line, whether the matrimony was valid or invalid. Now public honesty dirimently impedes matrimony up to the second degree of the direct line only, whether the matrimony was consummated or not.
c. Hitherto this impediment also arose from valid betrothals (which from April 19, 1908, had to have been entered in writing) and absolute betrothals (not entered under a suspensive condition). Now no public honesty arises from betrothals.
1 Cn. 1078.
2 Cn. 1078.