III. FALSE THEORIES
When we consider the great excellence of Chaste Wedlock,
Venerable Brethren, it appears all the more regrettable that particularly
in our day we should witness this Divine Institution often scorned and
on every side degraded.
For now, alas, not secretly nor under cover, but
openly, with all sense of shame put aside, now by word again by writings,
by theatrical productions of every kind, by romantic fiction, by amorous
and frivolous novels, by cinematographs portraying in vivid scene, in addresses
broadcast by radio telephony, in short by all the inventions of modern
science, the Sanctity of Marriage is trampled upon and derided; divorce,
adultery, all the basest vices either are extolled or at least are depicted
in such colors as to appear to be free of all reproach and infamy. Books
are not lacking which dare to pronounce themselves as scientific
but
which in truth are merely coated with a veneer of science in order that
they may the more easily insinuate their ideas. The doctrines
defended in these are offered for sale as the productions of modern genius,
of that genius namely, which, anxious only for truth, is considered to
have emancipated itself from all those old-fashioned and
immature opinions of the ancients; and to the number of these antiquated
opinions they regulate the Traditional Doctrine of Christian Marriage.
These thoughts are instilled into men of every class,
rich and poor, masters and workers, lettered and unlettered, married and
single, the godly and godless, old and young, but for these last, as
easiest prey, the worst snares are laid.
Not all the sponsors of these new doctrines are
carried to the extremes of unbridled lust; there are those who, striving
as it were to ride a middle course, believe nevertheless that something
should be conceded in our times as regards certain precepts of the Divine
and natural Law. But these likewise, more or less wittingly, are
emissaries of the great enemy who is ever seeking to sow cockle among the
wheat. (Matth. 13, 25.) We, therefore,
whom the Father has appointed over His field, We who are bound by Our most
Holy Office to take care lest the good seed be choked by the weeds, believe
it fitting to apply to Ourselves the most grave words of the Holy Ghost
with which the Apostle Paul exhorted his beloved Timothy: "Be thou vigilant....
Fulfill
thy ministry.... Preach the word, be instant in season, out
of season, reprove, entreat, rebuke in all patience and Doctrine."
(2
Tim. 4. 2-5.)
And since, in order that the deciets of the enemy
may be avoided, it is necessary first of all that they be laid bare;
since
much is to be gained by denouncing these fallacies for the sake of the
unwary, even though We prefer not to name these iniquities "as becometh
Saints," (Eph. 5, 3.) yet for the welfare of
souls We cannot remain altogether silent.
Denial of Divine Institution
To begin at the very source of these evils,
their basic principles lies in this, that Matrimony is repeatedly declared
to be not instituted by the Author of nature nor raised by Christ the Lord
to the dignity of a True Sacrament, but invented by man. Some confidently
assert that they have found no evidence for the existence of Matrimony
in nature or in her laws, but regard it merely as the means of producing
life and of gratifying in one way or another a vehement impulse; on the
other hand, others recognize that certain beginnings or, as it were, seeds
of True Wedlock are found in the nature of man since, unless men were bound
together by some form of permanent tie, the dignity of husband and wife
or the natural end of propagating and rearing the offspring would not receive
satisfactory provision. At the same time they maintain that in all
beyond this germinal idea Matrimony, through various concurrent causes,
is invented solely by the mind of man, established solely by his will.
How grievously all these err and how shamelessly
they leave the ways of honesty is already evident from what we have set
forth here regarding the origin and nature of Wedlock, its purposes and
the good inherent in it. The evil of this teaching is plainly seen
from the consequences which its advocates deduce from it, namely, that
the laws, institutions and customs by which Wedlock is governed, since
they take their origin solely from the will of man, are subject entirely
to him, hence can and must be founded, changed and abrogated according
to human caprice and the shifting circumstances of human affairs; that
the generative power which is grounded in nature itself is more Sacred
and has wider range than Matrimony--hence it may be exercised both outside
as well as within the confines of Wedlock, and though the purpose of Matrimony
be set aside, as though to suggest that the license of a base fornicating
woman should enjoy the same rights as the chaste motherhood of a lawfully
wedded wife.
Armed with these principles, some men go so far
as to concoct new species of unions, suited, as they say, to the present
temper of men and the times, which various new forms of Matrimony they
presume to label "temporary," "experimental," and "compassionate."
These offer all indulgence of Matrimony and its rights without, however,
the indissoluble bond, and without offspring, unless later the parties
alter their cohabitation into a matrimony in the full sense of the law.
Indeed there are some who desire and insist that
these practices be legitimatized by the law or, at least, excused by their
general acceptance among the people. They do not seem even to suspect
that these proposals partake of nothing of the modern "culture" in which
they glory so much, but are simply hateful abominations which beyond all
question reduce our truly cultured nations to the barbarous standards of
savage peoples.
IV. VICES OPPOSED TO
CHRISTIAN MARRIAGE
And now, Venerable Brethren, We shall explain
in detail the evils opposed to each of the benefits of Matrimony. First
consideration is due to the offspring, which many have the boldness to
call the disagreeable burden of Matrimony and which they say is to be carefully
avoided by married people not through virtuous continence (which Christian
Law permits in Matrimony when both parties consent) but by frustrating
the Marriage act. Some justify this criminal abuse on the ground
that they are weary of children and wish to gratify their desires without
their consequent burden. Others say that they cannot on the one hand
remain continent nor on the other can they have children because of the
difficulties whether on the part of the mother or on the part of family
circumstances.
But no reason, however grave may be put forward
by which anything intrinsically against nature may beome conformable to
nature and morally good. Since, therefore, the conjugal act is destined
primarily by nature for the begetting of children, those who in exercising
it deliberately frustrate its natural power and purpose sin against nature
and commit a deed which is shameful and intrinsically vicious.
Small wonder, therefore, if Holy Writ bears witness
that the Divine Majesty regards with greatest detestation this horrible
crime and at times has punished it with death. As St. Augustine notes,
"Intercourse even with one's legitimate wife is unlawful and wicked where
the conception of the offspring is prevented. Onan, the son of Juda,
did this and the Lord killed him for it." (St. August., De
coniug. adult., lib. II. a. 12; Gen. 38, 8-10.)
Since, therefore, openly departing from the uninterrupted
Christian Tradition some recently have judged it possible solemnly to declare
another doctrine regarding this question, the Catholic Church, to whom
God has entrusted the defense of the integrity and purity of morals, standing
erect in the midst of the moral ruin which surrounds her, in order that
she may preserve the Chastity of the Nuptial Union from being defiled by
this foul stain, raises her voice in token of her Divine Ambassadorship
and through Our mouth proclaims anew: any use whatsoever of Matrimony exercised
in such a way that the act is deliberately frustrated in its natural power
to generate life is an offense against the Law of God and of nature, and
those who indulge in such are branded with the guilt of a grave sin.
We admonish, therefore, Priests who hear confessions
and others who have the care of souls, in virtue of Our Supreme Authority
and in Our solicitude for the salvation of souls, not to allow the faithful
entrusted to them to err regarding this most grave Law of God; much more,
that they keep themselves immune from such false opinions, in no way conniving
in them. If any Confessor or Pastor of souls, which may God forbid,
lead the faithful entrusted to him into these errors or should at least
confirm them by approval or by guilty silence, let him be mindful of the
fact that he must render a strict account to God, the Supreme Judge, for
the betrayal of his Sacred Trust, and let him take to himelf the Words
of Christ: "They are blind and leaders of the blind: and if the blind lead
the blind, both fall into the pit." (Matth. 15, 14.)
As regards the evil use of Matrimony, to pass over
the arguments which are shameful, not infrequently others that are false
and exaggereated are put forward. Holy Mother Church very well understands
and clearly appreciates all that is said regarding the health of the mother
and the danger to her life. And who would not grieve to think of
these things? Who is not filled with the greatest admiration when
he sees a mother risking her life with heroic fortitude, that she may preserve
the life of the offspring which she has conceived? God alone, all
bountiful and all merciful as He is, can reward her for the fulfillment
of the office allotted to her by nature, and will assuredly repay her in
a measure full to overflowing. (Luke 6, 38.)
Holy Church knows well that not infrequently one
of the parties is sinned against rather than sinning, when for a grave
cause he or she reluctantly allows the perversion of the right order.
In such a case, there is no sin, provided that, mindful of the Law of Charity,
he or she does not neglect to seek to dissuade and to deter the partner
from sin. Nor are those considered as acting against nature who in
the married state use their right in the proper manner, although on account
of natural reasons either of time or of certain defects, new life cannot
be brought forth. For in Matrimony as well as in the use of Matrimonial
rights there are also secondary ends, such as mutual aid, the cultivating
of mutual love, and the quieting of concupiscence which husband and wife
are not forbidden to consider so long as they are subordinated to the primary
end and so long as the intrinsic nature of the act in preserved.
We are deeply touched by the sufferings of those
parents who, in extreme want, experience great difficulty in rearing their
children.
However, they should take care lest the calamitous
state of their external affairs should be the occasion for a much more
calamitous error. No difficulty can arise that justifies the putting
aside of the Law of God which forbids all acts intrinsically evil.
There is no possible circumstances in which husband and wife cannot, strengthened
by the Grace of God, fulfill faithfully their duties and preserve in Wedlock
their Chastity unspotted. This Truth of Christian Faith is expressed
by the Teaching of the Council of Trent. "Let no one be so rash as
to assert that which the Fathers of the Council have placed under anathema,
namely that there are Precepts of God impossible for the just to observe.
God does not ask the impossible, but by His commands, instructs you to
do what you are able, to pray for what you are not able that He may help
you." (Counc. Trid., Sess. VI, cap 11.)
This same Doctrine was again Solemnly repeated and
confirmed by the Church in the condemnation of the Jansenist heresy which
dared to utter this blasphemy against the goodness of God: "Some Precepts
of God are, when one considers the powers which man possess, impossible
of fulfillment even to the just who wish to keep the law and strive to
do so; Grace is lacking whereby these Laws could be fulfilled." (Const.
Apost., Cum occasione, 31 May 1653, prop. 1.)
But another very grave crime is to noted, Venerable
Brethren, which regards the taking of the life of the offspring hidden
in the mother's womb. Some wish it to be allowed and left to the
will of the father or the mother; others say it is unlawful unless there
are weighty reasons which they call by the name of medical, social,or eugenic
"indication." Because this matter falls under the penal laws of the
State by which the destruction of the offspring begotten but unborn is
forbidden, these people demand that the "indication," which in one form
or another they defend, be recognized as such by the public law and in
no way penalized. There are those, moreover, who ask that the public
authorities provide aid for these death-dealing operations, a thing, which,
sad to say, everyone knows is of very frequent occurrence in some places.
As to the "medical and therapeutic indication" to
which, using their own words, we have made reference, Venerable Brethren,
however much we may pity the mother whose health and even life is gravely
imperiled in the performance of the duty allotted to her by nature, nevertheless
what could ever be a sufficient reason for excusing in any way the direct
murder of the innocent? This is precisely what we are dealing
with here. Whether inflicted upon the mother or upon the child, it
is against the Precept of God and the Law of nature: "Thou shalt not kill."
(Exod. 20, 13; Decr. S. Offic. 4 May 1897, 24 July 1895;
31 May 1884.) The life of each is equally Sacred, and no
one has the power, not even the public authority, to destroy it.
It is of no use to appeal to the right of taking away life for here it
is a question of the innocent, whereas that right has regard only
to the guilty; nor is there here question of defense of bloodshed
against an unjust aggressor; (for who would call an innocent child an unjust
aggressor?) again there is no question here of what is called the "law
of extreme necessity" which could even extend to the direct killing of
the innocent. Upright and skillful doctors strive most praiseworthily
to guard and preserve the lives of both mother and child; on the contrary,
those show themselves most unworthy of the noble medical profession who
encompass the death of one or the other, through a pretense at practicing
medicine or through motives of misguided pity.
All of which agrees with the stern words of the
Bishop of Hippo in denouncing those wicked parents who seek to remain childless,
and failing in this, are not ashamed to put their offspring to death: "Sometimes
this lustful cruelty or cruel lust goes so far as to seek to procure a
baneful sterility, and if this fails the fetus conceived in the womb is
in one way or another smothered or evacuated, in the desire to destroy
the offspring before it has life, or if it already lives in the womb, to
kill it before it is born. If both man and woman are party to such
practices they are not spouses at all; and if from the first they
have carried on thus they have come together not for honest Wedlock,
but for impure gratification; if both are not party to these deeds,
I
make bold to say that either the one makes herself a mistress of the husband,
or the other simply the paramour of his wife." (St. August.,
De
nutp. et concupisc., cap. XV.)
What is asserted in favor of the social and eugenic
"indication" may and must be accepted, provided lawful and upright methods
are employed within the proper limits; but to wish to put forward reasons
based upon them for the killing of the innocent is unthinkable and contrary
to the Divine Precept Promulgated in the words of the Apostle: Evil is
not to be done that good may come of it. (Rom. 3, 8.)
Those who hold the reins of Government should not
forget that it is the duty of public authority by appropriate laws and
sanctions to defend the lives of the innocent, and this all the more
so since those whose lives are endangered and assailed cannot defend
themselves. Among whom we must mention in the first place infants
hidden in the mother's womb. And if the public magistrates not
only do not defend them, but by their laws and ordinances betray
them to death at the hands of doctors or of others, let them remember that
God is the Judge and Avenger of innocent blood which cries from earth to
Heaven. (Gen. 4, 10.)
Sterilization
Finally, that pernicious practice must be condemned
which closely touches upon the natural right of man to enter Matrimony
but affects also in a real way the welfare of the offspring. For
there are some who over solititous for the cause of eugenics, not only
give salutary counsel for more certainly procuring the strength and health
of the future child--which, in deed, is not contrary to right reason--but
put eugenics before aims of a higher order, and by public authority wish
to prevent from marrying all those whom, even though naturally fit for
marriage, they consider, according to the norms and conjectures of their
investigations, would through hereditary transmission, bring forth defective
offspring. And more, they wish to legislate to derpive these
of that natural faculty by medical action despite their unwillingness;
and this they do not propose as an infliction of grave punishment under
the authority of the State for a crime committed, nor to prevent future
crimes by guilty persons, but against every right and good they wish
the civil authority to arrogate to itself a power over a faculty which
it never had and can never legitimately possess.
Those who act in this way are at fault in losing
sight of the fact that the family is more Sacred than the State and that
men are begotten not for the earth and for time, but for Heaven and
Eternity. Although often these individuals are to be disssuaded
from entering into Matrimony, certainly it is wrong to brand men with
the stigma of crime because they contract marriage, on the ground that,
despite the fact that they are in every respect capable of Matrimony, they
will give birth only to defective children, even though they use all care
and diligence.
Public Magistrates have no direct power over
the bodies of their subjects: therefore, where no criime has taken
place and there is no cause present for grave punishment, they can never
directly harm, or tamper with the integrity of the body, either for the
reasons of eugenics or for any other reason. St. Thomas teaches this
when, inquiring whether human judges for the sake of preventing future
evils can inflict punishment, he admits that the power indeed exists as
regards certain other forms of evil, but justly and properly denies
it as regards the maiming of the body. "No one who is guiltless
may be punished by a human tribunal either by flogging to death, or mutilation,
or by beating." (Summ., theol., 2a, 2ae, q. 108 a
4 ad 2um.)
Furthermore, Christian Doctrine establishes, and
the light of human reason makes it most clear, that private individuals
have no power over the members of their bodies than that which pertains
to their natural ends: and they are not free to destroy or mutilate their
members, or in any other way to render themselves unfit for their natural
functions, except when no other provision can be made for the good of the
whole body.
We may now consider another class of errors concerning
conjugal faith. Every sin committed as regards the offspring becomes
in some way a sin against conjugal faith, since both these blessings are
essentially connected. However, We must mention briefly the sources
of error and vice corresponding to those virtues which are demanded by
conjugal faith, namely the Chaste Honor existing between man and wife,
the due subjection of wife to husband, and the True love which binds both
parties together.
"Thou Shalt Not Commit Adultery"
It follows therefore that they are destroying
mutual fidelity, who think that the ideas and morality of our present time
concerning a certain harmful and false friendship witha third party can
be countenanced, and who teach that a greater freedom of feeling and action
in such external relations should be allowed to man and wife, particularly
as many (so they consider) are possessed of an inborn sexual tendency which
cannot be satisfied within the narrow limits of monogamous marriage.
That rigid attitude which condemns all sensual affections and actions with
a third party they imagine to be a narrowing of mind and heart, something
obsolete, or an abject form of jealousy, and as a result they look upon
whatever penal laws are passed by the State for the preserving of conjugal
faith as void or to be abolished. Such unworthy and idle opinions
are condemned by that noble instinct which is found in every chaste husband
and wife, and even by the light of the testimony of nature alone,--a testimony
that is sanctioned and confirmed by the Command of God: "Thou shalt not
commit adultery," (Exod. 20, 14.) and the Words of
Christ: "Whosoever shall look on a woman to lust after her hath already
committed adultery with her in his heart." (Matth. 5, 28.)
The force of this Divine Precept can never be weakened by any merely human
custom, bad example or pretext of human progress, for just as it is the
one and the same "Jesus Christ, yesterday and today and the same forever,"
(Hebr. 13, 8.) so it is the one and the same Doctrine
of Christ that abides and of which not one jot or tittle shall pass away
till all is fulfilled. (Matth. 5, 18.)
The same false teachers who try to dim the luster
of conjugal faith and purity do not scruple to do away with the honorable
and trusting obedience which the woman owes to the man. Many of them
even go further and assert that such a subjectionof one party to the other
is unworthy of human dignity, that the rights of husband and wife are equal;
wherefore, they boldly proclaim, the emanicipation of women has been or
ought to be effected. This emancipation in their ideas must be threefold,
in the ruling of the domestic society, in the administration of family
affairs and in the rearing of the children. It must be social, economic,
physiological:--physiological, that is to say, the woman is to be freed
at her own good pleasure from the burdensome duties properly belonging
to a wife as companion and mother; (We have already said that this is
not an emancipation but a crime) social, inasmuch as the wife being
freed from the cares of children and family, should, to the neglect of
these, be able to follow her own bent and devote herself to business and
even public affairs; finally economic, whereby the woman even without the
knowledge and against the wish of her husband may be at liberty to conduct
and administer her own affairs, giving her attention chiefly to these rather
than to children, husband and family.
This, however, is not the true emancipation of woman,
nor that rational and exalted liberty which belongs to the noble office
of a Christian woman and wife; it is rather the debasing of the womanly
character and the dignity of motherhood, and indeed of the whole family,
as a result of which the husband suffers the loss of his wife, the children
of their mother, and the home and the whole family of an ever watchful
guardian. More than this, this false liberty and unnatural equality
with the husband is to the detriment of the woman herself, for if the woman
descends from her Truly Regal Throne to which she has been raised within
the walls of the home by means of the Gospel, she will soon be reduced
to the old state of slavery (if not in appearance, certainly in reality)
and become as amongst the pagans the mere instrument of man.
This equality of rights which is so much exaggerated
and distorted, must indeed be recognized in those rights which belong to
the dignity of the human soul and which are proper to the Marriage Contract
and inseparably bound up with Wedlock. In such things undoubtedly
both parties enjoy the same rights and are bound by the same obligations;
in the other things there must be a certain inequality and due accommodation,
which is demanded by the good of the family and the right ordering and
unity and stability of home life.
As, however, the social and economic conditions
of the married woman must in some way be altered on cccount of the changes
in social intercourse, it is part of the office of the public authority
to adapt the civil rights of the wife to modern needs and requirements,
keeping in view what the natural disposition and temperament of the female
sex, good morality, and the welfare of the family demands, and provided
always that the essential order of the domestic society remain intact,
founded as it is on something higher than human authority and wisdom, namely
on the Authority and Wisdom of God, and so not changeable by public laws
or at the pleasure of private individuals.
These enemies of Marriage go further, however, when
they substitute for that true and solid love, which is the basis of conjugal
happiness, a certain vague compatibility of temperament. This they
call sympathy and assert that, since it is the only bond by which husband
and wife are linked together, when it ceases the Marriage is completely
dissolved. What else is this than to build a house upon sand?--a
house that in the words of Christ would forthwith be shaken and collapse,
as soon as it was exposed to the waves of adversity "and the winds blew
and they beat upon that house. And it fell: and great was the fall
thereof." (Matth. 7, 17.) On the other hand,
the house built upon a rock, that is to say on mutual conjugal Chastity
and strengthened by a deliberate and constant union of spirit, will not
only never fall away but will never be shaken by adversity.
We have so far, Venerable Brethren, shown the excellency
of the first two blessings of Christian Wedlock which the modern subverters
of society are attacking. And now considering that the third
blessing, which is that of the Sacrament, far surpasses the other two,
we should not be surprised to find that this, because of its outstanding
excellence, is much more sharply attached by the same people. They
put forward in the first place that Matrimony belongs entirely to the profane
and purely civil sphere, that it is not to be committed to the Religious
Society, the Church of Christ, but to civil society alone. They then
add that the Marriage Contract is to be freed from any indissoluble bond,
and that separation and divorce are not only to be tolerated but sanctioned
by the law; from which it follows finally that, robbed of all its Holiness,
Matrimony should be enumerated amongst the secular and civil institutions.
The first point is contained in their contention that the civil act itself
should stand for the Marriage contract, (civil matrimony, as it is called)
while the Religious act is to be considered a mere addition, or at most
a concession to a too superstitious people. Moreover they want it
to be no cause for reproach that marriages be contracted by Catholics with
non-Catholics without any reference to Religion or recourse to the Ecclesiastical
Authorities. The second point, which is but a consequence of the
first is to be found in their excuse for complete divorce and in their
praise and encouragement of those civil laws which favor the loosening
of the bond itself. As the salient features of the Religious character
of all Marriage and particularly of the Sacramental Marriage of Christians
have been treated at length and supported by weighty arguments in the Encyclical
Letters of Leo XIII, letters which We have frequently recalled to mind
and expressly made Our own, We refer you to them, repeating here only a
few points.
Marriage a Sacrament
Even by the light of reason alone and particularly
if the ancient records of history are investigated, if the unwavering popular
conscience is interrogated and the manners and institutions of all races
examined, it is sufficiently obvious that there is a certain Sacredness
and Religious character attaching even to the purely natural union of man
and woman, "not something added by chance but innate, not imposed by men
but involved in the nature of things," since it has "God for its Author
and has been even from the beginning a foreshadowing of the Incarnation
of the Word of God." (Leo XIII, Encycl. Arcanum, 10
Febr. 1880.) This Sacredness of Marriage which is intimately
connected with Religion and all that is Holy, arises from the Divine Origin
we have just mentioned, from its purpose which is the begetting and educating
of children for God, and the binding of man and wife to God through Christian
love and mutual support; and finally it arises from the very nature of
Wedlock, whose institution is to be sought for in the farseeing Providence
of God, whereby it is the means of transmitting life, thus making the parents
the ministers, as it were, of the Divine Omnipotence. To this must
be added that new element of dignity which comes from the Sacrament, by
which the Christian Marriage is so ennobled and raised to such a level,
that it appeared to the Apostle as a great Sacrament, honorable in every
way. (Eph. 5, 32; Hebr. 13, 4.)
This Religious Character of Marriage, its sublime
signification of Grace and the union between Christ and the Church, evidently
requires that those about to Marry should show a Holy Reverence towards
it, and zealously endeavor to make their Marriage approach as nearly as
possible to the archetype of Christ and the Church.
Mixed Marriages
They, therefore, who rashly and heedlessly contract
mixed marriages, from which the Maternal Love and Providence of the Church
dissuades her children for very sound reasons, fail conspicuously in
this respect, sometimes with danger to their eternal salvation. This
attitude of the Church to mixed Marriages appears in many of her Documents,
all of which are summed up in the Code of Canon Law: "Everywhere and with
the greatest strictness the Church forbids Marriages between Baptized persons,
one of whom is a Catholic and the other a member of a schismatical or heretical
sect; and if there is, add to this, the danger of the falling away of the
Catholic party and the perversion of the children, such a marriage is forbidden
also by the Divine Law." (Col. iur. can., c. 1060.)
If the Church occasionally on account of circumstances does not refuse
to grant a dispensation from these strict laws, (provided that the Divine
Law remains intact and the dangers above mentioned are provided against
by suitable safeguards) it is unlikely that the Catholic party will not
suffer some detriment from such a marriage.
Whence it comes about not unfrequently, as experience
shows, that deplorable defections from Religion occur among the offspring,
or a least a headlong descent into the Religious indifference which is
closely allied to impiety. There is this also to be considered that
in these mixed Marriages it becomes much more difficult to imitate by a
lively conformity of spirit the mystery of which We have spoken, namely
that close union between Christ and His Church.
Assuredly, also, will there be wanting that close
union of spirit, which as it is the Sign and Mark of the Church of Christ,
so also should be the Sign of Christian Wedlock, its glory and adornment.
For,
where there exists diversity of mind, truth and felling, the bond of union
of mind and heart is wont to be broken, or at least weakened. From
this comes the danger lest the love of man and wife grow cold and the union
of hearts, be destroyed. Many centuries ago indeed, the old
Roman Law had proclaimed: "Marriages are the union of male and female,
a sharing of life and the communication of Divine and human rights." (Modestinus,
in Dig. [Lib. XXIII, II: De ritu nuptiarum], lib. I., Regularum.)
But especially, as We have pointed out, Venerable Brethren, the daily increasing
facility of divorce is an obstacle to the restoration of Marriage to that
state of perfection which the Divine Redeemer willed it should possess.
Legalized Divorce
The advocates of the neo-paganism of today have learned
nothing from the sad state of affairs, but instead, day by day, more and
more vehemently, they continue by Legislation to attack the indissolubility
of the Marriage Bond, proclaiming that the lawfulness of divorce must be
recognized, and that the antiquated laws should give place to a new and
more humane Legislation. Many and varied are the grounds put forward
for divorce, some arising from the wickedness and the guilt of the persons
concerned, others arising from the circumstances of the case; the former
they describe as subjective, the latter as objective; in a word, whatever
might make married life hard or unpleasant. They strive to prove
their contentions regarding these grounds for the divorce legislation they
would bring about, by various arguments. Thus, in the first place, they
maintain that it is for the good of either party that the one who is innocent
should have the right to separate from the guilty, or that the guilty should
be withdrawn from a union which is unpleasing to him and against his will.
In the second place, they argue, the good of the child demands this, for
either it will be deprived of a proper education or the natural fruits
of it, and will too easily be affected by the discords and shortcomings
of the parents, and drawn from the path of virtue. And thirdly the
common good of society requires that these marriages should be completely
dissolved, which are now incapable of producing their natural results,
and that legal reparations should be allowed when crimes are to be feared
as the result of the common habitation and intercourse of the parties.
This last, they say must be admitted to avoid the crimes being committed
purposely with a view to obtaining the desired sentence of divorce for
which the judge can legally loose the marriage bond, as also to prevent
people from coming before the courts when it is obvious from the state
of the case that they are lying and perjuring themselves,--all of which
brings the court and the lawful authority into contempt. Hence the
civil laws, in their opinion, have to be reformed to meet these new requirements,
to suit the changes of the times and the changes in men's opinions, civil
institutions and customs. Each of these reasons is considered by
them as conclusive, so that all taken together offer a clear proof of the
necessity of granting divorce in certain cases.
Others, taking a step further, simply state that
marriage, being a private contract, is, like other private contracts, to
be left to the consent and good pleasure of both parties, and so can be
dissolved for any reason whatsoever.
God Forbids Divorce
Opposed to all these reckless opinions,
Venerable
Brethren, stands the unalterable Law of God, fully confirmed by Christ,
a Law that can never be deprived of its force by the decrees of men, the
ideas of a people or the will of any legislator: "What God hath joined
together, let no man put asunder." (Matth. 19, 6.)
And if any man, acting contrary to this Law, shall have put asunder, his
action is null and void, and the consequence remains, as Christ Himself
has explicitly confirmed: "Everyone that putteth away his wife and marrieth
another, committeth adultry: and he that marrieth her that is put away
from her husband committeth aduletery." (Luke 16, 18.)
Moreover, these words refer to every kind of marriage, even that which
is natural and legitimate only; for, as has already been observed, that
indissolubility by which the loosening of the bond is once and for all
removed from the whim of the parties and from every secular power, is a
property of every True Marriage.
Let that Solemn Pronouncement of the Council of
Trent, be recalled to mind in which, under the stigma of anathema, it condemned
these errors: "If anyone should say that on account of heresy or the hardships
of co-habitation or a deliberate abuse of one party by the other the marriage
tie may be loosened, let him be anathema;" (Conc. Trid.,
Sess. XXIV, cap. 5.) and again: "If anyone should say that
the Church errs in having taught or in teaching that, according to the
teaching of the Gospel and the Apostles, the bond of marriage cannot be
loosed because of the sin of adultery of either party; or that neither
party, even though he be innocent, having given no cause for the sin of
adultery, can contract another marriage during the lifetime of the other;
and that he commits adultery who marries another after putting away his
adulterous wife, and likewise that she commits adultery who puts away her
husband and marries another: let him be anathema." (Conc.
Trid., Sess. XXIV, cap. 7.)
If therefore the Church has not erred and does not
err in teaching this, and consequently it is certain that the Bond of Marriage
cannot be loosed even on account of the sin of adultery, it is evident
that all the other weaker excuses that can be, and are usually brought
forward, are of no value whatsoever. And the objections brought against
the firmness of the Marriage Bond are easily answered. For, in certain
circumstances, imperfect separation of the parties is allowed, the Bond
not being severed. This separation, which the Church herself permits,
and expressly mentions in her Canon Law in those Canons which deal with
the separation of the parties as to marital relationship and cohabitation,
removes all the alleged inconveniences and dangers. (Cod.
iur. can., c. 1128 sqq.) It will be for the Sacred Law and,
to some extent, also the civil law, in so far as civil matters are effected,
to lay down the grounds, the conditions, the method and precautions to
be taken in a case of this kind in order to safeguard the education of
the children and the well-being of the family, and to remove all those
evils which threaten the married persons, the children and the State.
Now all those arguments that are brought forward to prove the indissolubility
of the Marriage Tie, arguments which have already been touched upon, can
equally be applied to excluding not only the necessity of divorce, but
even the power to grant it; while for all the advantages that can be put
forward for the former, there can be adduced as many disadvantages and
evils which are a formidable menace to the whole of human society.
Evils of Divorce
To revert again to the expressions of Our
Predecessor, it is hardly necessary to point out what an amount of good
is involved in the absolute indissolubility of Wedlock and what a train
of evils follows upon divorce. Whenever the Marriage Bond remains
intact, then we find Marriages contracted with a sense of safety and security,
while, when separations are considered and the dangers of divorce are present,
the Marriage Contract itself becomes insecure, or at least gives ground
for anxiety and surprises. On the one hand we see a wonderful strengthening
of good will and cooperation in the daily life of husband and wife, while,
on the other, both of these are miserably weakened by the presence of a
facility for divorce. Here we have at a very opportune moment a source
of help by which both parties are enabled to preserve their purity and
loyalty; there we find harmful inducements to unfaithfulness. On
this side we find the birth of children and their tuition and upbringing
effectively promoted, many avenues of discord closed amongst families and
relations, and the beginnings of rivalry and jealousy easily suppressed;
on that, very great obstacles to the birth and rearing of children and
their education, and many occasions of quarrels, and seeds of jealousy
sown everywhere. Finally, but especially, the dignity and position
of women in civil and domestic society is reinstated by the former; while
by the latter it is shamefully lowered and the danger is incurred "of their
being considered outcasts, slaves of the lust of men." (Loe
XIII, Encycl. Arcanum divinae sapientiae, 10 Febr. 1880.)
To conclude with the important words of Leo XIII,
since the destruction of family life "and the loss of national wealth
is brought about more by the corruption of morals than by anything else,
it is easily seen that divorce, whichis born of the perverted morals of
a people, and leads, as experiment shows, to vicious habits in public and
private life, is particularly opposed to the well-being of the family and
of the State. The serious nature of these evils will be the more
clearly recognized, when we remember that, once divorce has been allowed,
there will be no sufficient means of keeping it in check within any definite
bounds. Great is the force of example, greater still that
of lust; and with such incitements it cannot but happen that divorce
and its consequent setting loose of the passions should spread daily and
attack the souls of many like a contagious disease or a river bursting
its banks and flooding the land." (Encycl. Arcanun, 10
Febr. 1880.)
That, as we read in the same Letter, "unless things
change, the human family and State have every reason to fear lest they
should suffer absolute ruin." (Encycl. Arcanum, 10
Febr. 1880.) All this was written fifty years ago, yet
it is confirmed by the daily increasing corruption of morals and the unheard
of degradation of the family in those lands where Communism reigns unchecked.
Thus far, Venerable Brethren, We have admired with
due reverence what the all wise Creator and Redeemer of the human race
has Ordained with regard to human Marriage; at the same time we have
expressed Our grief that such a pious Ordinance of the Divine Goodness
should today, and on every side, be frustrated and trampled upon by
the passions, errors and vices of men.