Let us apply this doctrine by taking the simple case of a man and woman
who are accused of having committed adultery. We inquire first, whether
mutual love was the true motive, whether in fact the act of adultery was
an unpremeditated incident which occurred as naturally as the kiss which a
child gives to its mother. We draw a clear moral line between the sort of
assignation which has for its one object the gratification of physical
sensations, or the even lower motive, so far as the prostitute is
concerned, of substituting for love the earning of a few shillings. But
suppose we are satisfied that the physical act was not the object but the
result, and that there was love. We go on to ask how deep was the love,
and if a deep love is alleged, we ask why the parties are not married. For
it is doubtful whether normal love can be wholly spasmodic. It seems
contrary to the very nature of love that a man should love one woman for
an hour and then throw her over for someone else. The essence of love
tends to completeness and permanence.
But we will imagine that even these conditions are satisfied, and that
financial difficulties or parental objections alone prevent the formal
marriage. We have also discovered that the two people have loved each
other for some time, and that there is not therefore simply a sudden
fascination, but a love based on knowledge and matured by experience. We
are then left with a technical and not a moral offence. In effect a
marriage has taken place; there has been the consent which is the essence
of the union. It is only when the Catholic conception of the sacrament of
matrimony is abandoned that we find ourselves regarding the ceremony in
Church or registry-office as the union, and that therefore a moral offence
is committed in the sex-act where no such ceremony has taken place. It is
true that the parties would be in honour bound to receive the blessing of
the Church. The union is irregular; but it is a true union.
Incidentally, I suggest that this theory may be the basis of the
scriptural exception in St. Matthew's gospel made as regards divorce where
there has been "fornication," or a pre-marital sex-act--namely that by
this act a natural marriage has been consummated, and that the subsequent
marriage is therefore invalid.
Public-domain text, read in full here on John Shaqi.
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