The Irish Ecclesiastical Record, Volume 1, June 1865
Religion
The Irish Ecclesiastical Record, Volume 1, June 1865
Catholic Church -- Ireland -- Periodicals; Catholic Church -- Periodicals
Since you have been kind enough to set aside a portion of the
_Record_ for the insertion of correspondence upon theological and
liturgical subjects, I trust that you will allow me to offer a few
remarks upon a letter which has appeared in the number[21] for the
present month, regarding the method of applying for dispensations
_in gradu inaequali consanguinitatis_. Your correspondent justly
considers that the question is of great importance, and hence
it may be well to call attention to some inaccuracies which,
if uncorrected, would neutralize the good effects of his "hint
to fellow-labourers in the vineyard".
1. The question of which Gury treats at page 594, is the necessity
of mentioning the gradus _propior_, and not the gradus _remotior_,
as stated in your correspondent's letter.
2. According to the opinion now almost universally received,
this necessity does not exist--so far as the _validity_ of the
dispensation is concerned--except when the gradus propior is the
gradus _primus_, which should be always mentioned, whether it
concurs with the second, third, or fourth; and your correspondent
is quite correct in stating that a misapprehension of the
meaning of a constitution of Benedict XIV. has led St. Liguori
to adopt an opinion completely at variance with this. But it
is manifest that the Saint's mistake has not been "inserted in
the very latest editions of the works on moral theology most in
use at present--such as those of Gury and Scavini"; for, while
St. Liguori _extends_ the necessity to all those cases in which
the first _or second_ degree concurs with another more remote
(_Theol. Mor._, lib., n. 1136), Gury falls into the opposite
extreme by maintaining that in consanguinitate inaequali, even
the _first_ degree need not be mentioned, except when it concurs
with the _second_ (Gury, _Theol. Moralis_, 13th ed., p. 594,
n. 867, _not_ 876.)
3. Scavini certainly copied in the earliest editions of his work
the opinion of St. Liguori; but the mistake has been long since
corrected. In the Paris Edition of 1855, he says: "Declaravit
Benedictus XIV., Brevi _Etsi_, conjugium ... illicitum esse
sed non invalidum modo propinquitas non sit _primi_ gradus
consanguinitatis vel affinitatis, scilicet mixti cum caeteris
_usque ad quartum_ gradum"--t. 4, p. 503. I have examined several
editions which were published since the one from which I have
quoted, and in all these the same view is laid down.
4. Your correspondent states that the opinion of Gury was
adopted by Scavini. I think this statement is hardly correct.
Most certainly it is not correct with reference to any of the
editions of Scavini's works which are commonly used in Ireland.
Public-domain text, read in full here on John Shaqi.
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