Case 20. Was She Free to Marry?

Caia, recently converted to the faith and formerly an Anglican, is sought in marriage by Titius, a Catholic man. Caia indeed had been joined in marriage with Lucius, a cousin who was likewise Anglican; but because of his cruelty and adultery, after the first child, while still an Anglican she had sought a divorce in a civil court, which she joyfully obtained. Now, however, Caia would like to marry Titius if this is permitted to her by the laws of God and the Church; hence she asks a confessor whether anything stands in the way of the desired marriage. Hence it is asked:

1. Whom do the diriment impediments of marriage bind?

2. By what law is the impediment of consanguinity established?

3. Is it lawful to contract marriage when an impediment is doubtful?

4. What is to be said of the case?

The first question was answered above, p. 292 and the second, p. 286.

3. Is it allowed to contract marriage with a doubtful impediment?

It is not allowed to contract marriage when there is a doubt whether it is not forbidden by the natural or divine law. When the doubt is whether it is not forbidden by positive ecclesiastica' law, the marriage may take place. When the doubt is of fact, as, for example, whether the parties are not related within he prohibited degrees, a dispensation should be asked for from the bishop, who can grant it ad cautelam.¹

1 Manual of Moral Theology, vol. ii, 336.

4. The case. As Caia and Lucius were cousins, and we must presume that they were baptized, their marriage was null and void by ecclesiastical aw. A divorce has been granted in the civil court, and so, if our suppositions are correct, Caia is free to marry. However, the confessor or the parish priest should make inquiries and satisfy himself about the facts of the case. When he has done this, he should submit the evidence to the bishop and await his decision, according to the rule laid down above, p. 283.