Case 19. Crime

Titius, an Anglican, obtained a divorce from Titia, his wife who was likewise an Anglican, because of her adultery, and married Bertha, by whom he has children. Titia having recently died, Titius and Bertha are converted to the faith and ask Julius, a Catholic priest, to receive them into the Church; but, knowing well that the Catholic Church does not admit divorce, they ask him at the same time to bless their marriage. Julius, however, asks what he must do. Hence it is asked:

1. Are heretics subject to the diriment impediments of marriage?

2. How are heretics to be reconciled with the Church?

3. What is to be said of the case?

1. Are heretics subject to the diriment impediments of marriage?, v -

Yes, unless they have been specially excepted by competent authority as is the case with the impediment of clandestinity.¹

1 Manual of Moral Theology, vol. ii, 286.

2. This question was answered above, p. 287.

3. The case. Titius, an Anglican, divorced his wife Titia, who was also an Anglican, and married Bertha. We must presume that Titius and Titia were baptized, and so subject to the diriment impediments of the Church. The divorce was null and void, and so in attempting to marry Bertha during the lifetime of Titia and consummating the attempted marriage, he contracted with her the impediment of crime. Most probably they are in ignorance of this; however in foro externo it is not safe to follow the opinion that ignorance excuses from this impediment. Julius should leave them in good faith, at any rate till he has obtained the requisite dispensation, if Titius and Bertha think that they are married; otherwise they should not use marriage rights. After obtaining the dispensation from the impediment of crime and from banns, they should be married privately before the parish priest and two witnesses.¹

1 Gasparri, De Matrim., vol. i, 649.