Section — Prümmer, Manuale Theologiae Moralis
§ 3. Mixed Religion
22
22 Cf. Alban Stolz, Der verbotene Baum für Katholiken u. Protestanten; Jacob Niest, Die gemischte Ehe, 1920; Ries, Die Mischehe eine ernste Pastorationsfrage, 1918.
784. Notion. The impediment of mixed religion exists between validly baptized persons about to marry, of whom one is Catholic but the other is enrolled in heresy or schism.23
Mixed religion is not held to be present:
between two persons of whom one is not validly baptized. Then there is disparity of worship (concerning which there will be discussion below, n. 806 ff.).
between two persons, one of whom is Catholic, but the other (already from infancy) defected from the Catholic faith. Certainly this apostate is a true heretic, and therefore the parish priest should not assist at such a matrimony without the customary guarantees furnished by the apostate. But nevertheless, before this apostate is enrolled in some heresy, his matrimony is not held mixed and does not need a pontifical dispensation (Sacred Congregation of the Inquisition, January 30, 1867). But if such an apostate (from infancy) contracts matrimony with a heretical party, it is not established whether that matrimony is to be considered purely heretical or mixed, and therefore in judging the validity of such a matrimony entered without the assistance of the parish priest, recourse must be had in individual cases to the Holy Office.
between faithful observing diverse rites, for example, between a Catholic of the Latin rite and a Catholic of the Ruthenian rite. For North America the Constitution Ea semper of Pius X, June 14, 1907, established how one is then to act both with respect to the celebration of the matrimony and with respect to the education of the children.24
23 Code of Canon Law, can. 1060.
24 Analecta eccl. XV (1907), 431.
785. Morality of mixed matrimony. A mixed matrimony is sometimes prohibited by natural and divine law itself,25 namely, when a) there arises for the Catholic party a proximate danger of perversion and especially of losing the faith; b) the offspring to be born will not be educated in the Catholic faith, or even if their education will be neglected; c) there is communication in sacred things with heretics, made without an urgent cause. For the Catholic party administers the sacrament of matrimony to the heretic, which certainly is not lawful without an urgent reason.26 Hence Gregory XVI, in a letter to the Archbishop of Fribourg on May 23, 1846, declared: "It is known and established that Catholics (whether men or women) who rashly contract mixed nuptials and cast themselves and the offspring to be received therefrom into danger of perversion sin against natural and divine law." From these things it is evident that no one (not even the Supreme Pontiff) can dispense so that a Catholic may licitly contract a mixed matrimony unless every proximate danger of perversion both for the contracting party himself and for the offspring to be born is avoided.27 But if such a danger has been eliminated, then a mixed matrimony can be licit when a dispensation of the Church is added. Hence those authors who teach that mixed matrimony is always gravely illicit and is only tolerated by the Church, just as the Church also tolerates other evils under compulsion, seem to speak more severely than is fitting. In practice, however, even when a dispensation of the Church has been obtained, mixed marriages are often gravely illicit, because every danger of spiritual harm for the Catholic party and for the future offspring quite rarely ceases.
25 Code of Canon Law, can. 1060.
26 Leo XIII speaks most excellently concerning mixed marriages (Constitution Arcanum, February 10, 1880): "It can scarcely be hoped that minds dissenting concerning the discipline of religion will be in concord concerning other things. Indeed, it is especially clear that marriages of this kind are to be abhorred because they furnish occasion for forbidden association and communication in sacred things, create danger for the religion of the Catholic spouse, are an impediment to the good instruction of children, and very often impel minds to grow accustomed to holding all religions in equal regard, with the distinction of truth and falsity removed."
27 In the eighteenth century and at the beginning of the nineteenth century, the evil practice was permitted by some bishops that in mixed marriages boys be educated in the religion of the father, but girls in the religion of the mother. But the Supreme Pontiffs Benedict XIV, Pius VI, Pius VIII, and Gregory XVI vigorously opposed this practice, which so gravely conflicts with divine law.
786. Duty of the parish priest and confessor with respect to avoiding mixed marriages.
With all their strength, by exhortations, persuasions, and also rebukes, priests must strive that mixed marriages not be entered. All the faithful must know "what the Catholic Church herself has constantly held concerning marriages of this kind between Catholics and non-Catholics, since she has always disapproved them and held them as illicit and plainly pernicious, both because of criminal communication in divine things, because of the danger of perversion threatening the Catholic spouse, and because of the evil education of the offspring." Thus the Antonellian Instruction,28 which was again inculcated by the Holy Office on November 24, 1899. Leo XIII speaks in a similar manner in the Encyclical Arcanum, as do several particular Councils, especially those of Latin America, and the Code of Canon Law, can. 1064. - For preventing mixed marriages, it is very advantageous that all parish priests and confessors of each region or diocese collaborate with united strength and uniformly, and especially employ the following remedies: a) in catechesis and in preaching they should repeatedly instruct the faithful concerning the evils proceeding from mixed marriages; b) in the confessional they should prudently and also strenuously deter the faithful from mixed marriages and deny sacramental absolution to those who obstinately wish to enter a mixed matrimony without the prescribed guarantees; c) "after mixed nuptials have been celebrated, parish priests should know themselves to be burdened by a grave obligation of conscience to watch that the conditions promised by the spouses be observed and attain their effect."29
28 In this Antonellian Instruction of November 15, 1858 (Analecta eccl. IX [1901], 16 f.), the whole present discipline concerning mixed marriages is contained.
29 Thus the Sacred Congregation for the Propagation of the Faith, June 25, 1884 (Collect. de Prop. Fide, n. 1621), and Code of Canon Law, can. 1064, n. 3.
787. A dispensation for contracting a mixed matrimony pertains to the Holy See alone, namely, to the Holy Office.30 Hence the opinion of certain older moralists who thought that a bishop could dispense by his own authority from the impediment of mixed religion now has no probability. But by delegation of the Holy See very many bishops can dispense for the celebration of mixed marriages. By common law, not only when danger of death is urgent, but also when the matrimony cannot be deferred without probable danger of grave evil until a dispensation is obtained from the Holy See, the local Ordinary can dispense from this impediment. Indeed, if not even the local Ordinary can be approached, both the parish priest and the confessor possess the same faculty. But the latter only for the internal forum and in the act of sacramental confession.31
30 Sacred Congregation of the Inquisition, January 3, 1871.
788. The conditions required for a dispensation from the impediment of mixed religion are the following:
- Just and grave causes.
For example, grave danger of apostasy of the Catholic party if the dispensation is denied; fear that otherwise only a civil matrimony will be entered, or one only before a non-Catholic minister; a founded hope of conversion of the non-Catholic party.
- Guarantees furnished by a serious, explicit, and trustworthy promise, namely:
a) that all offspring of either sex be baptized and educated in the holy Catholic religion. Each spouse must promise this.31a
This condition applies to all offspring, not only those to be born from this matrimony, but also those illegitimately generated by the contracting parties themselves before the matrimony. Moreover, both the parish priest and the Catholic party must prudently take care that offspring perhaps born to the other spouse in a preceding union be withdrawn from heresy and educated as Catholics. For when one spouse obstinately wishes to educate in heresy offspring begotten from another union, a vehement fear is often induced that in the new matrimony he will not fulfill the prescribed conditions. Wherefore then the dispensation must be sought and put into execution very cautiously.
b) that every proximate danger of perversion be excluded from the Catholic party and that the exercise of his religion be entirely free to him. The non-Catholic spouse must promise this.
These guarantees are regularly to be given in writing.32 Moreover, it is required that those wishing to enter a mixed matrimony present themselves before a non-Catholic minister neither before nor after the matrimony. If the parish priest certainly knows that the spouses will approach, or have already approached, a non-Catholic minister, he should not assist at their matrimony except for the gravest causes, with scandal removed and the Ordinary first consulted. The Catholic spouse is bound prudently to procure the conversion of the non-Catholic spouse.33
31a See the Instruction of the Sacred Congregation of the Holy Office, January 14, 1932 (Acta Ap. Sed. XXIV, 25).
32 Code of Canon Law, can. 1061.
33 Ibid., can. 1062.
789. The rite to be observed in contracting a mixed matrimony. By common law the parish priest cannot concede (either validly or licitly) assistance so called passive in mixed marriages if the guarantees have not been furnished;34 but even if those guarantees have been furnished, he cannot employ a sacred rite, but without sacred garb and outside the church he must ask for and receive the matrimonial consent of those about to marry before two witnesses. But by particular law the proclamations and all the ceremonies contained in the Ritual are not rarely permitted, "the celebration of Mass, however, always excluded."35 Therefore the votive Mass for bridegroom and bride, or another Mass with the nuptial blessing, can never be said in the celebration of a mixed matrimony. It is not prohibited, however, that the contracting parties cause a private Mass to be celebrated on the day of the celebration of the matrimony and assist at this Mass as do the other faithful, provided, however, that from the circumstances this Mass cannot be regarded as a complement of the nuptial ceremony.36
34 Cf. above, n. 764.
35 Code of Canon Law, can. 1102, § 2; can. 1109, § 3.
36 Pontifical Commission, November 10, 1925 (Acta Ap. Sed. XVII, 583).
790. A mixed matrimony clandestinely contracted.
On August 23, 1877, the Holy Office responded to the question: "Whether, in marriages contracted with heretics, pastors of souls can with a safe conscience admit the penitent party to the reception of the sacraments, provided scandal is excluded? - As regards valid marriages, they can be admitted to receiving the sacraments without a previous renewal of consent, but are to be kept from receiving them until they have given true signs of repentance and have promised that with all their strength they will take care both for the conversion of the heretical party and for the education in the Catholic religion of all offspring born and perhaps to be born, and finally until they have obtained absolution from the censures incurred together with salutary penances in the event that they contracted before a heretical minister. - But as regards invalid marriages, since their matrimony is null, for example, through the defect of clandestinity, they are not to be admitted to receiving the sacraments unless they first promise that, after obtaining a dispensation from the impediment of mixed religion, they will faithfully fulfill all those conditions which are required in the aforesaid dispensation; and then unless they renew consent before the Catholic parish priest and two witnesses; and finally unless they first obtain absolution from the censures incurred together with salutary penances in the event that they attempted matrimony before a non-Catholic minister." - From this response of the Holy Office, and also from others, especially those of August 29, 1888, and May 11, 1892, three things follow:
- Those who validly contracted clandestine mixed marriages37 cannot receive sacramental absolution unless they have promised that with all their strength they will take care for the Catholic education of all the offspring.
Hence a Catholic husband can never receive sacramental absolution unless he seriously promises that all offspring to be born will be educated in the Catholic religion. With respect to offspring already born and not yet brought to puberty, the father is likewise altogether bound to procure a Catholic education. The reason is that according to civil laws the education of offspring is usually placed in the absolute power of the father, at least until puberty, whatever was stipulated beforehand. Therefore the father can, and consequently must, procure the education of all the offspring in the Catholic religion, even if certain material inconveniences arise for him therefrom. But if the offspring is no longer subject to paternal power, the father must at least most insistently exhort the offspring freely to accept the Catholic faith. - But a wife who contracted a valid mixed matrimony is indeed bound with all her strength to procure the education of all the offspring in the Catholic religion; nevertheless, because she is under the power of the husband, who perhaps in no way consents to this Catholic education, she can be sacramentally absolved even if, because of the husband's opposition, the offspring is not in fact educated in the Catholic religion. The reason is that no one is bound to the impossible. It is evident of itself that the scandal given by the woman must be repaired according to her ability.
- Those who invalidly contracted a clandestine mixed matrimony cannot be sacramentally absolved unless the matrimony has first been convalidated or dissolved.
This is evident, because concubinarians are unworthy of sacramental absolution, at least if they are not in good faith. But this good faith can scarcely ever be supposed. The convalidation of an invalid mixed matrimony is to be made in diverse ways: a) If the spouses are prepared to furnish the customary guarantees recounted above, nothing else is required except that, after a dispensation has been obtained from the impediment of mixed religion (and from other impediments perhaps existing), the matrimony be celebrated according to ecclesiastical law, that is, before the parish priest and two witnesses. b) But if neither spouse wishes to furnish the necessary guarantees, the matrimony ordinarily cannot be convalidated, because this would be to cooperate in something intrinsically evil. c) If at least the Catholic party sincerely promises to take care with all his strength for both the exercise of the true religion and the education of the offspring, insofar as this is possible, the bishop can concede by delegated power that the matrimony be convalidated by a radical sanation if otherwise the gravest inconveniences would arise.38
37 Clandestine mixed marriages were valid before the Decree Ne temere in all regions where the Declaration of Benedict XIV or a similar indult was in force; but now they are invalid everywhere in the world.
38 Cf. Wernz-Vidal, Ius can. V, n. 181; Vogt, Das kirchl. Eherecht, § 36, n. 10.
791. 3. Those who either validly or invalidly contracted a mixed matrimony before a non-Catholic minister39 incur a censure, namely, excommunication reserved to the Ordinary.40 This excommunication indeed is held to have been incurred in the external forum because a mixed matrimony is a public fact which can easily be proved in the external forum. Therefore absolution must also be sought and received in the external forum,41 unless, however, in some diocese an indult exists for granting absolution in the internal forum alone.
Since in the internal forum no censure is incurred unless the sinner had knowledge of the censure, a penitent who did not know that those contracting matrimony before a non-Catholic minister were punished by excommunication does not need absolution from the censure in the internal forum.42
Note. A Catholic party who not only contracted matrimony before a non-Catholic minister but also consented to the non-Catholic education of the offspring incurs a twofold excommunication. Therefore, in a petition for the faculty of absolving, both facts must be stated.43 If such a Catholic party died without signs of repentance, for example, suddenly struck by apoplexy, he cannot be granted ecclesiastical burial and obsequies.44
39 Code of Canon Law, can. 2319. It is required that the non-Catholic minister assist at the matrimony as one devoted to sacred things; hence excommunication is not incurred if he assists as an official of the civil government.
40 If, however, up to May 11, 1892, they were absolved from a fault of this kind without any previous absolution from censures, they do not seem to be disturbed further.
41 Thus, for example, in the Archdiocese of Cologne it is prescribed that, before obtaining absolution from censures, the Catholic party, by signing a document before the parish priest and two witnesses, declare in express words that he sincerely grieves for the things committed and will repair them according to his ability (cf. Vogt, loc. cit., n. 6).
42 Cf. Leitner, loc. cit.; Hollweck, Die kirchl. Strafgesetze, § 34, notes 1 and 3.
43 Code of Canon Law, can. 2319; cf. above, n. 522.
44 Thus the Holy Office, May 8, 1907 (Anal. eccl. XVI [1908], 487).
792. Scholion 1. On the matrimony of a public sinner. Because of the grave harms to follow, the faithful are to be deterred from matrimony with public sinners, for example, with those who notoriously cast off the Catholic faith, even if they did not pass into a non-Catholic sect; with those who are notoriously enrolled in societies condemned by the Church, for example, the Masonic sect or communist or anarchist societies; with those who are notoriously bound by a censure and do not wish to be reconciled with the Church. The parish priest is gravely prohibited from assisting at the aforesaid nuptials unless the Ordinary is consulted, who, after inspecting all the circumstances, can permit him to be present at the matrimony, provided that a) a grave cause is present; b) the danger of perversion of the other spouse is removed; c) sufficient provision is made for the Catholic education of all the offspring.45
45 Code of Canon Law, cann. 1065 and 1066. Although the Code in can. 1066 does not expressly require the latter two conditions enumerated, nevertheless they are required by divine-natural law itself.
793. Scholion 2. The prohibition of the Church is no longer discussed among matrimonial impediments in the Code of Canon Law, which nevertheless generally establishes in can. 1039: "Local Ordinaries can forbid matrimony in a particular case to all actually residing in their territory and to their subjects even outside the boundaries of their territory, but only for a time, for a just cause and while that cause endures. The Apostolic See alone can add an invalidating clause to the prohibition."