Bigamy (a second marriage)

Marriage as a sacrament symbolizes the union of Christ with his Church, but to represent that union perfectly it should be a marriage of one man with one woman. In a second marriage the representation is less perfect, and such a bigamous marriage gives rise to the irregularity from defect of the sacrament.

A man becomes irregular from bigamy when he has contracted two or more valid marriages in succession.

1. Philiarchus, after he committed fornication with two women, wishing to ascend to the priesthood, received first tonsure and minor orders. But, inconstant in soul, he entered marriage with a certain widow woman, who afterward was known to be his kinswoman in the fourth degree. Since therefore a marriage of this sort was void, he again intends to ascend to the priesthood; but he doubts whether he is irregular.

R. That Philiarchus first fornicated with two women gives rise to no bigamy from that, and therefore no impediment of bigamy, since there is no true, similitudinary, or interpretative marriage. I. M. 1343. But that, in an invalid marriage, already an acolyte, he married a widow, according to the more common opinion, is interpretative bigamy because of the affection of the intention, as if the husband of a widow, C. ult. de Big., and therefore irregularity is present. The less common opinion denies it, because in the aforesaid C. ult. there is question only of one ordained in sacred orders, and not of an acolyte nor of a layman; and in odious matters extension is not made from case to case, and thus Navarrus affirms that it was concluded in the Sacred Penitentiary. And D'Annib. says that he follows this opinion, ed. 3, p. 1, n. 419.

2. Titius married Caia invalidly because of an occult impediment of affinity. Caia having died, he married Sempronia, but also invalidly because of another occult impediment of affinity. The invalidity of each marriage having become known, Titius, wishing to receive sacred orders, thinks that he is bound by no impediment from this. Is this rightly thought?

R. Titius, according to the most common opinion of the doctors, is irregular from interpretative bigamy, namely if each marriage, as is supposed, was consummated. I. M. 1343.

The reason is that here not the thing itself, but the thought of the soul and the affection of the intention is attended to. C. 4, de Bigam. If this reason is valid when someone, his wife having died, receives sacred order, and then marries another wife and consummates the marriage, which second marriage is in reality null, the same reason consequently is valid when someone, although initiated in no sacred order, contracts and consummates a double marriage, although invalid. Whence it is also clear that although this irregularity, like others, is not expressed in the law, nevertheless it is most commonly affirmed. And D'Annibale, who calls the same irregularity doubtful, nevertheless, because it is most commonly affirmed, "does not dare to recede from this opinion, although received against all rules of law." Ed. 3, p. 1, n. 418.

617. 4. Defect of bigamy (which is also called defect of the sacrament) is true bigamy, namely, when a man successively marries several wives.

Already St. Paul established that bishops, priests, and deacons be husbands of one wife.¹³² For marriage signifies the union of the one Christ with the one Church. Therefore a marriage which a man contracts (successively) with two women imperfectly signifies this union and causes a certain stain in the man. Hence arose the irregularity of the sacrament, or of bigamy.

¹³² Cf. 1 Tim. 3:2, 12; Titus 1:6.

Whether marriages of this sort are held illicit for all, and because of their special malice those who have contracted them are prohibited from the clergy, or whether such men are kept from it only because of the propriety of the clerical order, just as bigamists are kept away, is not evident of itself from this canon. Yet if you consider other canons either of the same or of a very near age, you will easily understand to what this one tends. Cf. Canon LXI of Elvira below.

Canon I. It has seemed good that after this synod no one ... from among bigamists or husbands of women whose marriage has been interrupted (that is, of widows) can be ordained a cleric. Nor must it be asked whether, initiated in the divine sacraments or Gentiles, they have stained themselves with this necessity of an unhappy lot, since the form of the divine precept is chaste.

Decree VIII. He reproves bigamists advanced to the diaconate and Priesthood.

Canon I. It pleased the council concerning bigamists or husbands of women whose marriage has been interrupted that, although the statutes of the fathers have decreed otherwise, those who have been ordained up to this time, compassion having been had, retain only the name of the presbyterate or diaconate; but such deacons are not to presume the office of a presbyter in consecrating and ministering.

Chapter I. We command bigamous presbyters and deacons, and husbands of widows or repudiated women, to be separated, and, after penance has been completed, to return to their order. And those who are unwilling to dismiss illicit marriages ought to be degraded according to the institutes of the canon. But we command the separated women to be returned to their parents; and because they were not legitimate, if they wish, let it be lawful for them to be married.

Since the women are said not to be legitimate, it is clear that the discourse is about those who were accepted after orders had been received. Therefore, calling them bigamous, the Fathers are dealing with those presbyters and deacons who entered marriage twice and establish that at least the second marriage after ordination is no marriage; but concerning the first they decree something economically in chapter III. Cf. what we shall say under chapter III.

4°. Bigamists: this irregularity has now become simple by force of this canon; it arises from the fact that someone successively and validly entered two or more marriages, because in bigamy the perfect signification of the indissoluble union of one Christ with one Church is lacking. This irregularity is called from defect of Sacrament; in the second valid marriage, or third, the perfect signification of that great sacrament, concerning which St. Paul to Ephes. V. 32, is lacking. True bigamy, and it alone, constitutes irregularity. A bigamist is not said to have sinned, "but to have lost the norm of the sacrament necessary not for the merit of life but for the seal of ecclesiastical ordination." C. 2, D. XXVI.

XXVIII. Bigamy is called a defect of sacrament, because it does not represent the union of Christ with the Church. Bigamists are reputed irregular both on account of incontinence, and on account of the division of affection which they transfer from a deceased wife to another, and on account of the defect of sacrament. From this impediment the Supreme Pontiff can dispense, but not bishops.