Case 35. Revalidation of Marriage

Anna, an Anglican by religion, was staying for some weeks in a certain place to which many are accustomed to resort for the sake of health. There she asks Philip, the local Catholic missionary, to receive her into the Church. Philip finds her excellently instructed and well disposed, and that nothing seems to prevent her from being received into the Church immediately. Nevertheless, he finds that she is joined in marriage with a cousin who is likewise Anglican, who thinks the marriage is valid and would in no way consent to renew consent again publicly or privately. Hence it is asked:

1. Who are subject to the matrimonial laws of the Church? Are heretics?

2. Does ignorance or grave inconvenience excuse from a diriment impediment of marriage?

3. To which priest does it belong to treat matrimonial causes?

4. What must Philip do?

The first question was answered above, p. 292;

2. Does ignorance or grave inconvenience excuse from a diriment impediment of marriage?

Neither ignorance nor a grave inconvenience, affecting individuals only, excuses from a diriment impediment. A grave inconvenience of a public nature does excuse.¹

1 Manual of Moral Theology, vol ii, 285 f.

3. To whose office does it belong to treat of marriage cases?

Marriage is a parochial sacrament and it belongs to the parish priest to treat of anything concerning it. Where there are several priests who have the cure of souls in one parish, it belongs to the head priest to treat of marriage cases, but with due dependence on him the others may also undertake them.

4. The case. Ann’s marriage with her cousin was invalid on account of the diriment impediment of consanguinity in the second degree of the collateral line. It is of its own nature a public impediment, and if Ann does not know of it now, she may find it out at any time. To prevent future difficulties it should be revalidated, and also because if the parties are in good faith, even material sins should be prevented as far as possible. Philip therefore should write to the bishop of the diocese in which Ann is staying, if she has been there for at least a month, and where she will be received into the Church, and ask him to grant a dispensation for revalidating a mixed marriage between cousins in favor of one who has been converted. The dispensation should be granted to take effect when it is executed. Ann should induce her husband to appoint a proxy for him; it is to be presumed that he will do at least this to please his wife. Then on the day on which Ann is received into the Church, Philip can execute the dispensation at once, and revalidate the marriage by causing Ann and the proxy to go through the form of marriage before him and two witnesses. If

Ann has not lived at the place for a full month, she should be received into the Church and dispensed in her own diocese, unless her bishop has power to dispense his subjects during their absence from the diocese, as bishops sometimes have.¹

1 Putzer, Comment, in Facult. Apostol., n. 52.