FREE BOOKS

Author's List




PREV.   NEXT  
|<   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98  
99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   >>   >|  
a, "may arise from the intellect or the will; hence we have two classes. Arising from the intellect we have: insanity; and total ignorance, even if in confuso of what marriage is (this ignorance, however, is not presumed to exist after the age of puberty has been reached); and lastly error, where the consent is not given to what was not intended. Arising from the will, a defect of consent may be caused through deceit or dissimulation, when one expresses exteriorly a consent that does not really exist; or from constraint imposed by an unjust external force, which causes the consent not to be free." Consanguinity and affinity are diriment impediments. Consanguinity "prohibits all marriages in the direct ascending or descending line in infinitum, and in the collateral line to the fourth degree or fourth generation." Affinity "establishes a bond of relationship between each of the married parties and the blood relations of the other, and forbids marriage between them to the fourth degree. Such is the case when the marriage springs from conjugal relations; but as canon law considers affinity to spring also from illicit intercourse, there is an illicit affinity which annuls marriage to the second degree only." Then there is "spiritual relationship"; for example, the marriage of one who stood as sponsor in confirmation with a parent of the child is null and void. Under the canon law, even more resources are open for the man who is tired of his wife; by the doctrine, namely, of "spiritual fornication." Adultery is, of course, recognised as the cause that admits a separation. But the canon law remarks that idolatry and all harmful superstition--by which is meant any doctrine that does not agree with that of the Church--is fornication; that avarice is also idolatry and hence fornication; that in fact no vice can be separated from idolatry and hence all vices can be classed as fornication; so that if a husband only tried a little bit, he could without much trouble find some "vice" in his wife that would entitle him to a separation.[391] When all these fail, recourse can be had to a dispensation. The Church reserves the right to give dispensations for all impediments. Canon III of the twenty-fourth session of Trent says: "If anyone shall say, that only those degrees of consanguinity and affinity which are set down in _Leviticus_ [xviii, 6 ff.] can hinder matrimony from being contracted, and dissolve it when contracted; and that
PREV.   NEXT  
|<   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98  
99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   >>   >|  



Top keywords:

marriage

 

consent

 

affinity

 

fourth

 

fornication

 

idolatry

 

degree

 
illicit
 

ignorance

 

Church


Consanguinity

 

relations

 

relationship

 

Arising

 

impediments

 

intellect

 
separation
 

doctrine

 

contracted

 

spiritual


classed

 

separated

 

husband

 

recognised

 

remarks

 

harmful

 
avarice
 

superstition

 

admits

 

Adultery


degrees

 

consanguinity

 

session

 

matrimony

 

dissolve

 

hinder

 

Leviticus

 

twenty

 
entitle
 

trouble


dispensations
 
reserves
 

recourse

 
dispensation
 

sponsor

 
unjust
 

external

 

imposed

 

constraint

 

expresses