Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
_Readings_.--_Contra Gent_., iii., 124; Suarez, _De Legibus_, II.,
xv., 28.
SECTION III.--_Of the Indissolubility of Marriage_.
1. This section is pointed not so much against a _separation_--which
may take place by mutual consent, or without that, by grievous
infidelity or cruelty of one party--as against a divorce _a vinculo_,
which is a dissolution of a marriage in the lifetime of the parties,
enabling each of them validly and lawfully to contract with some
other. The unity of marriage is more essential than its
indissolubility. Nature is more against polygamy than against divorce.
Even Henry VIII. stuck at polygamy. In the present arrangement, a
divorce _a vinculo_ is obtainable in three cases. First, when of two
unbaptized persons, man and wife, the one is converted, and the
unconverted party refuses to live peaceably in wedlock, the convert
may marry again, and thereupon also the other party. So the Church
understands St. Paul, I Cor. vii. 13, 15. Again, the Pope can grant a
divorce _a vinculo_ in the marriage of baptized persons before
cohabitation. Such a marriage in that stage is also dissolved by the
profession of one of the parties in a religious order. Beyond these
three cases, the Catholic Church allows neither the lawfulness nor the
validity of any divorce _a vinculo_ by whomsoever given to whatsoever
parties.
2. It is ours to investigate the lie of the law of nature, having due
regard to the points marked, antecedently to our search, by the
definition of infallible authority. Nothing can be done in the Church
against the law of nature: since therefore divorce _a vinculo_ is
sometimes recognized in the Church, it may be contended that marriage
is not by nature absolutely indissoluble. On the other hand, it is a
proposition censured by Pius IX. in the Syllabus, n. 67: "By the law
of nature the bond of marriage is not indissoluble." Thus it appears
we must teach that marriage is naturally indissoluble, still not
absolutely so, just as a safe is justly advertised as fire-proof, when
it will resist any conflagration that is likely to occur, though it
would be consumed in a blast-furnace or in a volcano. So marriage is
indissoluble, if it holds good for all ordinary contingencies, for all
difficulties that may be fairly reckoned with and regarded as not
quite improbable, for every posture of affairs that the contracting
parties before their union need at all consider. Or, if the three
cases of divorce actually allowed are to be traced to the dominative
power of God (_Ethics_, c. vii., n. 2, p. 129), we may teach that
marriage is by nature absolutely indissoluble, and that divorce is as
much against the law of nature as the killing of an innocent man,
excepting in the case of God's dominion being employed to quash the
contract or the right to life. But against this latter view is to be
set the consideration, that God is manifestly averse to using His
dominative power to overturn natural ordinances. He does not hand the
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