Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise VIII. On Matrimony › Dissertation II. On Matrimony Itself › Part I. On Matrimony in General › Section IV. On the Properties of Matrimony › Chapter II. On the Indissolubility of Matrimony

Section — Wouters, Manual of Moral Theology

Scholion II. On the Privilege of Faith

722.

The privilege of faith in a doubtful matter enjoys the favor of law (canon 1127). It is said:

I. The privilege of faith. Now the privilege of faith is the privilege which, by force of the Church's power of dissolving certain marriages, is granted to one converted to the faith, in relation to marriage.

II. In a doubtful matter, that is, in a matter doubtful after diligent examination has been undertaken; once this has been undertaken, the case is present:

  1. If there is doubt about the fact or about the validity of a marriage entered before Baptism.

  2. If there is doubt which was the first wife among several taken before Baptism.

  3. If there is doubt whether the requisites are present so that the convert, by force of the Pauline privilege, can contract a new marriage with a Catholic person. If, however, the doubt regards the interpellations, and no fruit is hoped from their repetition, a dispensation from the interpellations must be obtained.

  4. If there is doubt about the fact or about the validity of Baptism received by one party; but not if each party was baptized with doubtful validity. For the legislator, in declaring the principle established by canon 1127, does not distinguish between consummated and non-consummated marriages, so that, if in the latter hypothesis he does not regard consummated marriages, neither is he to be judged to regard the other species, in other words, no marriages. But in the latter hypothesis he does not regard consummated marriages, because these in that hypothesis are probably ratified and consummated, that is, entirely indissoluble. Therefore in the latter hypothesis he regards no marriages, or the principle cannot be applied.

III. It enjoys the favor of law, that is, in the cases set forth the converted party has the right of choosing what favors him in relation to marriage. Hence:

  1. In doubt about the validity of a marriage contracted before Baptism, he can enter a new marriage.

  2. In doubt which was the first wife, he can take whichever he prefers from the wives whom he assumed before Baptism.

  3. In doubt about the requisites so that the convert can enter a new marriage with a Catholic party, he has the right of doing this.

  4. In doubt about the fact or about the validity of Baptism received in the Catholic Church, he can contract a new marriage.

Note. Nevertheless, in each of the doubts set forth, recourse must be had to the Holy Office, so that it may examine the case (canon 247, § 3), or to another to whom that faculty may perhaps have been granted.

The Privilege of Faith