Section — Prümmer, Manuale Theologiae Moralis
§ 12. Spiritual Relationship
848. Notion. Spiritual relationship is the proximity of persons arising from the conferral and reception of baptism or confirmation. For since in baptism we are born spiritually, and this birth receives, as it were, its final completion in confirmation, those persons who concur in these sacraments, namely, the minister and sponsors, are regarded as the spiritual parents of the baptized person. But spiritual relationship arising from confirmation no longer causes an impediment of matrimony.
849. Origin and extent of this impediment. In the first times of the Christian era this impediment seems to have been unknown. Nevertheless, explicit mention of it is already found in the Code of Justinian around A.D. 534.220 Statutes concerning spiritual relationship are found both in the Decree of Gratian,221 in the Decretals of Gregory IX,222 and in the sixth book of Boniface VIII;223 likewise in the Council of Trent.224 Finally, Benedict XV limited this impediment, establishing in the Code of Canon Law, cann. 768 and 1079: "From baptism only the baptizer and the sponsor contract spiritual relationship with the baptized person." But a sponsor does not contract this spiritual relationship if he was employed a) in supplying the ceremonies of baptism, b) in a conditional repetition of baptism (unless, however, the same sponsor was present at the first baptism and at the second conditionally repeated baptism).225
220 L. 26 (C. de nupt.) V, 4.
221 C. 30, q. 1, 2, 3.
222 Bk. 4, tit. 11.
223 Bk. 4, tit. 3.
850. The conditions required for this impediment to be present are the following:
1. The true and valid administration of baptism (whether private or solemn). From the supplying of sacramental ceremonies or from the invalid administration of this sacrament, spiritual relationship is in no way contracted; on the contrary, it seems to arise even from private baptism, and that not only between the baptized person and the baptizer, but also between the baptized person and a sponsor who perhaps was employed. For the law establishes without any distinction that spiritual relationship arises from baptism between the persons indicated. But if the law does not distinguish, neither ought we to distinguish.226 For the rest, sponsors are not wont to be employed in private baptism because of lack of time or other causes.
Figure 7. Spiritual Relationship from Baptism
Male sponsor ─────────────┐
Baptizer ─────────────────┼── Baptized person
Female sponsor ───────────┘
2. The minister of baptism and the sponsors must be baptized.
Therefore, non-baptized unbelievers assumed for such a function, since they are not subject to ecclesiastical laws, do not contract spiritual relationship,227 even if they themselves are afterward baptized. But if a validly baptized heretic were the minister of baptism, he would not be free from this impediment. The reason is that heretics are subject to ecclesiastical laws unless they are specially exempted. There is no reason for us to note again that a heretic or unbeliever is to be employed as minister of private baptism only in a case of urgent necessity, but never as a sponsor, who cannot even validly exercise this function and therefore does not contract the impediment of spiritual relationship either.
3. The sponsor must knowingly and freely exercise his function and have the other conditions required by law under pain of nullity.228
Hence, if someone lacks the actual use of reason, or if, compelled by force or fear or without the intention, he exercises the function of sponsor, or if he is only an honorary witness or a proxy acting in the place of another,229 or if he is not duly designated, he does not contract this impediment. Moreover, since the sponsor is said to receive or take up, hold or lift the baptized person, it is altogether required that he physically touch the baptized person (over the clothing, however) at the moment in which the essential form of the sacrament is pronounced; or at least that the sponsor receive the baptized person from the hands of the minister. If more than two sponsors were illicitly designated at baptism, were admitted, and truly wished knowingly and freely to undertake the office of sponsor and physically touched the baptized person, all seem to have contracted the impediment of spiritual relationship.230
4. Spouses baptizing or holding their own offspring do not contract spiritual relationship and therefore do not lose the right of seeking the debt.231
226 Thus also Vlaming, Prael. iur. matr., 3rd ed., I, 377; Cappello, De sacr. III, n. 559 ff.; Wernz-Vidal, Ius can. V, 393.
227 Cf. De Smet, De sponsal. et matrim., 3rd ed., n. 642.
228 Code of Canon Law, can. 765. Cf. above in the treatise on baptism, n. 145.
229 Sacred Congregation of the Council, June 11, 1881.
230 Cf. Leitner, Lehrb. d. kirchl. Eherechtes, § 33, p. 241; Vlaming, loc. cit., n. 379.
231 c. 2, X, 4, 11. Thus also De Smet, loc. cit., n. 234; Cappello, loc. cit., n. 565.
851. Cessation of this impediment is obtained through a dispensation of the Supreme Pontiff. In the petition the existing impediment must be described clearly and distinctly, namely, whether the spiritual relationship is simple or double. Nevertheless, double spiritual relationship (if the baptizer and sponsor are the same person) scarcely occurs. Since spiritual relationship is now numbered among those impediments which are removed by a dispensation of the lesser degree, a dispensation from it is always valid as though it had been imparted "of his own motion and from certain knowledge." Therefore, such a dispensation is now never invalid because of a defect of obreption or subreption.232 - In grave danger of death and in other more urgent cases, the parish priest or confessor can grant a dispensation from this impediment according to cann. 1043 and 1044.