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 II. On Matrimony, Insofar as It Is a Sacrament, Particularly › Section III. On the Reception of the Sacrament of Marriage › Chapter II. On Impedient Impediments in Particular (canons 1058-1066) › Article III. Mixed Religion

Section — Wouters, Manual of Moral Theology

Scholion. On Marriage with an Unworthy Person

¶1.

It remains for us to treat the prohibitions which are not reckoned among impediments properly so called, but are committed to the judgment of the Ordinary and pastors.

The Church's prohibition; close time

769.

I. Notion. By the name of unworthy persons here are understood those of whom canons 1065 and 1066 speak, that is: 1° those who have notoriously cast off the Catholic faith, even if they have not gone over to a non-Catholic sect; 2° those who have been enrolled in societies condemned by the Church; 3° public sinners; 4° those notoriously bound by a censure.

  1. One casts off the Catholic faith who has wished his name to be erased from the registers of Catholics; who by repeated attacks professes that he rejects the dogmas of faith, etc.1

  2. Societies condemned by the Church are Masonic sects or other associations of the same kind which plot against the Church or legitimate civil powers (canon 2335), but not societies which are merely prohibited or dangerous.

  3. Who are included under the name of public sinners, see n. 28.

  4. Those notoriously bound by a censure are the personally interdicted, and those notoriously excommunicated or suspended.

II. Marriage with an unworthy person. The faithful are also to be deterred from contracting marriage with those who notoriously have either cast off the Catholic faith, even if they have not gone over to a non-Catholic sect, or have been enrolled in societies condemned by the Church (canon 1065, § 1). These things are also to be applied to public sinners and to those notoriously bound by a censure, unless they are converted.

III. Assistance at the marriage of an unworthy person. 1. A pastor should not assist at the nuptials of those who have cast off the Catholic faith or have been enrolled in a condemned society unless the Ordinary has been consulted; and the Ordinary, after inspecting all the circumstances of the matter, will be able to permit him to take part in the marriage, provided a grave cause urges and, according to his prudent judgment, the Ordinary judges that sufficient provision has been made for the Catholic education of all the offspring and for the removal of the danger of perversion of the other spouse (canon 1065, § 2).

  1. If a public sinner or one notoriously bound by a censure has first refused to approach sacramental confession or to be reconciled with the Church, the pastor should not assist at that person's marriage unless a grave cause urges, concerning which, if it can be done, he should consult the Ordinary (canon 1066). As regards public sinners, the Ordinary should everywhere grant license if only one or the other remains publicly in sin. If each is a public sinner and denies confession, the Ordinary should permit assistance when graver evils are to be feared from denial, such as concubinage to be begun or continued, merely civil marriage, etc.

1 Vermeersch, Epitome Iuris Canonici II, n. 335.

The Church's prohibition; close time