Mixed Marriage

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(LatinMatrimonia mixta).

Technically, mixed marriages are those betweenCatholics and non-Catholics, when the latter have beenbaptized in someChristiansect. The term is also frequently employed to designate unions betweenCatholics and infidels. From the very beginning of its existence theChurch of Christ has been opposed to such unions. As Christ raised wedlock to the dignity of a Sacrament, a marriage between aCatholic and a non-Catholic was rightly looked upon as degrading the holy character of matrimony, involving as it did a communion in sacred things with those outside the fold. TheApostle St. Paul insists strongly onChristian marriage being a symbol of the union between Christ and HisChurch, and hence sacred. The very intimacy of the union necessarily established between those joined in wedlock requires a concordance above all in their religious sentiments. Holding thisdoctrine, it was but natural andlogical for theChurch to do all in her power to hinder her children from contracting marriage with those outside her pale, who did not recognize thesacramental character of the union on which they were entering (see Marriage). Hence arose the impediments to a marriage with aheretic (mixta religio) and with an infidel (disparitas cultus). As regards marriage with an infidel, the early Church did not consider such unions invalid, especially when aperson had been converted to thefaith after such marriage. It was hoped that the converted wife or husband would be the means of bringing the other party to theknowledge of thetruefaith, or at least safeguarding theCatholic upbringing of the children of the union. This held even forJews, though theChurch was naturally more opposed to wedlock between them andChristians, even than withpagans, owing to the intense Jewishhatred for the sacred name of Christ. By degrees, however, the objection to a marriage between aCatholic and an infidel grew stronger as the necessity for such unions decreased, and so in the course oftime, more by custom than by positive enactment, the impediment ofdisparitas cultus making such marriages null and void began to have force. When theDecretum of Gratian was published in the twelfth century, this impediment was recognized as a diriment one and it became part of the canon law of theChurch. (Decretum Grat., c. 28, q. 1.) From that time forward, all marriages contracted betweenCatholics and infidels were held to be invalid unless adispensation for such union had been obtained from theecclesiastical authority. Marriages, however, betweenCatholics andheretics were not subject to the same impediment. They were held as valid, though illicit if adispensationmixtæ religionis had not been obtained. The opposition of theChurch to such unions is, however very ancient, and early councils, legislated against marriages of this character. Such enactments are found in the fourth century Councils of Elvira (can. 16) and ofLaodicea (can. 10, 31.). The GeneralCouncil of Chalcedon (can. 14) prohibits such unions especially between members of the lowerecclesiastical grades andhereticalwomen. While theWestern Church forbade thesemarriages, it did not declare them invalid. In theEastern Church, however, the seventh centuryCouncil in Trullo, declared marriages betweenCatholics andheretics null and devoid (can. 72), and this discipline has since been maintained in the Greek Schismatical Church. The latter has also shown itself opposed to marriages between members of theOrthodox Church andCatholics, and inRussia variouslaws were passed ordering that such marriages be not permitted unless the children of the union are to be brought up as schismatics.

The advent ofProtestantism in the sixteenth century renewed the problem of mixed marriages in a heightened degree. The danger of perversion for theCatholic party or for the children, and the almost certain unhappiness awaiting the members of such unions caused more stringent legislation on the part of theChurch. This was emphasized by the impediment ofclandestinity enacted by theCouncil of Trent. We say enacted by theCouncil of Trent, because from the twelfth century the validity ofclandestine marriages had been recognized by theChurch. This was not, however, the original discipline, for it had anciently been looked on as proper forChristians to contract marriages onlyin facie Ecclesiae (Tertullian,On Pudicity 4). Marriages contracted otherwise were held as null and void by various decrees of the Roman Emperors of the East and capitularies of French Kings, and the same is evident from theFalse Decretals. TheCouncil of Trent therefore in declaring all matrimonial unions betweenCatholics and non-Catholics null and void, unless entered into before theecclesiastical authority, was rather inaugurating a return to the old discipline existent before the twelfth century than making an entirely new law. By itsdecree the Council requires the contract to be entered into before theparishpriest or some otherpriest delegated by him, and in the presence of two or three witnesses under penalty of invalidity. Marriages otherwise contracted are calledclandestine marriages. TheChurch did not find it possible, however, to insist on the rigour of thislegislation in all countries owing to strongProtestant opposition. Indeed, in many countries, it was not found advisable topromulgate the decrees of theCouncil of Trent at all, and in such countries the impediment ofclandestinity did not obtain. Even in countries where theTametsi (q.v.)decree had been published, serious difficulties arose. As a consequencePope Benedict XIV, choosing the lesser of two evils, issued a declaration concerning marriages inHolland andBelgium (Nov. 4, 1741), in which he declared mixed unions to be valid, provided they were according to the civillaws even if theTridentine prescriptions had not been observed. A similar declaration was made concerning mixed marriages inIreland byPope Pius, in 1785, and gradually the "Benedictinedispensation" was extended to various localities. The object of theCouncil of Trent in issuing itsdecree had been partly to deterCatholics from such marriages altogether, and partly to hinder any communion in sacred things withheretics. By degrees, however, the Popes felt constrained to make various concessions for mixed marriages, though they were always careful to guard the essential principles on which theChurch found her objections to such unions. ThusPius VI allowed mixed marriages inAustria to take place in the presence of apriest, provided no religious solemnity was employed, and with the omission of publicbanns, as evidence of the unwillingness of theChurch to sanction such unions. Similar concessions were later made, first for various states ofGermany, and then for other countries.

Another serious difficulty arose for theChurch where the civillaws prescribed that in mixed marriages the boys born of the union should follow the religion of the father and the girls that of the mother. Without betraying their sacred trust, thepopes could never sanction such legislation, but in order to avoid greater evils they permitted in some states ofGermany a passive assistance on the part of theparishpriest at marriages entered into under such conditions. As to a mixed marriage contracted before a non-Catholic minister,Pope Pius IX issued an instruction, 17 Feb., 1864. He declared that in places where theheretical preacher occupied the position of a civil magistrate and thelaws of the country required marriages to be entered into before him in order that certain legal effects may follow, it is permitted to theCatholic party to appear before him either before or after the marriage has taken place in presence of theparishpriest. If, however, theheretical minister is held to be discharging a religiousduty in such witnessing of a marriage, then it is unlawful for aCatholic to renew consent before him as this would be a communion in sacred things and an implicit yielding toheresy. Parishpriests are also reminded that it is their strictduty to tellCatholics who ask for information that such going before a minister in a religious capacity is unlawful and that they thereby subject themselves toecclesiastical censure. Where, however, thepriest is not asked, and he has reason to fear that his admonitions will prove unavailing, he may keep his peace provided there be noscandal and the other conditions required by theChurch be fulfilled. When aCatholic party has gone before anheretical minister before coming to theparishpriest, the latter cannot be present at the marriage until full reparation has been made. For the issuing of adispensation for a mixed marriage, theChurch requires three conditions; that theCatholic party be allowed free exercise of religion, that all the offspring are to be brought upCatholics and that theCatholic party promise to do all that is possible to convert the non-Catholic. It is not to be supposed, however, that even when these precautions have been taken, this is all the suffices for the issuance of adispensation. In an instruction to the Bishops ofEngland, 25 March 1869, theCongregation of the Propaganda declared that the above conditions are exacted by the natural anddivine law to remove the intrinsic dangers in mixed marriages, but that in addition there must be some grave necessity, which cannot otherwise be avoided, for allowing thefaithful to expose themselves to the grave dangers inherent in these unions, even when the prescribed conditions have been fulfilled. Thebishops are therefore to warnCatholics against such marriages and not to grantdispensations for them except for weighty reasons and not at the mere will of the petitioner. The latest legislation affecting mixed marriages is that of thedecree Ne temere which went into effect 18 April, 1908. By thisdecree all marriages everywhere in theLatin Church betweenCatholics and non-Catholics are invalid unless they take place in the presence of an accreditedpriest and two witnesses, and this even in countries where theTridentine law was not binding. By a laterdecree, Provida, theHoly See exemptedGermany from the new legislation. (SeeCLANDESTINITY;DISPARITY OF WORSHIP;DISPENSATION;SACRAMENT OF MARRIAGE).

Appendix: later decisions of the Holy Office

Since the article on this subject was written, the following decisions have been issued by the Congregation of the Holy Office, 21 June, 1913. Thedispensation from the impediment of disparity is never to be granted except with all the explicit guarantees or safeguards. If granted, it is not valid, and the ordinary can declare the nullity in such cases, without recourse to theHoly See for a definitive sentence. The prescription of theDecree "Ne Temere" on the asking and receiving by theparish-priest, for the validity of marriage, of the consent of the parties, in mixed marriages in which due guarantees are obstinately refused by them, henceforth does not apply, but strict observance is to be paid to preceding concessions and instructions of theHoly See on the subject, especially ofPope Gregory XVI, Apostolical Letter, 30 April, 1841, to the Bishops ofHungary.

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