The Irish Ecclesiastical Record, Volume 1, June 1865 — John Shaqi
The Irish Ecclesiastical Record, Volume 1, June 1865
Religion
The Irish Ecclesiastical Record, Volume 1, June 1865
Catholic Church -- Ireland -- Periodicals; Catholic Church -- Periodicals
5. In a late edition of Gury's work, which, I suppose, has not
yet fallen under the notice of your correspondent, the error in
n. 867 is corrected by the following note: "Invalidatur in genere,
dispensatio _si reticetur primus gradus_ ... pro foro interno,
expressio propioris gradus non requiritur nisi sit primus".
_Editio tertia Germanica_ n. 867, p. 465.
6. Cardinal Gousset undoubtedly followed the view of St. Liguori;
but the reference to his work should be t. 2, n. 865, _not_
n. 1136.
7. In conclusion, I may remark that the theory suggested by your
correspondent as a possible explanation of St. Liguori's mistake,
does not appear to be admissible. The constitution _Etsi Matr._
had reference indeed to a case in which two impediments existed;
and the Pope declared that the marriage was invalid, because no
mention had been made of the _double_ impediment in the petition
for the dispensation. He explained, however, at some length
that the invalidity was caused by this defect alone, and that
no difficulty would have arisen in case there had been but
one impediment--relationship in the third and fourth degrees,
although the dispensation had been granted for the fourth without
any mention of the third.
Amongst other reasons for this decision, he speaks of the
common consent of theologians, who agree that in the case of
a relationship in the _third_ and _fourth_ degrees, it is not
necessary to mention the _gradus propinquior_ when seeking the
dispensation.
There can be no doubt that it was this passage which induced
St. Liguori to conclude that if the gradus propinquior were the
_first_ or _second_, it should be expressed in the petition.
He could hardly have committed such a mistake as to suppose that
_duplex_ impedimentum, meant an impediment of consanguinity in
the _second degree_. It is evident that he did not fall into this
error, for immediately afterwards, when discussing the question
regarding a _duplex impedimentum_ (n. 1138), he adopts the opinion
of Benedict XIV. on this subject, quoting the same constitution,
_Etsi_, in support of his view.
I remain, Reverend Gentlemen, respectfully yours,
DUBLINENSIS.
May 7th, 1865.
DOCUMENTS.
DECREE OF THE SACRED CONGREGATION OF PROPAGANDA.
I.
DECRETUM.
_S. Congregationis de Propaganda Fide habitae die 12 Aprilis, 1802._
Quum nomine Archiepiscoporum, Episcoporum, et Vicariorum Apostolicorum
M. Britanniae S. Congregationi de Propaganda Fide proposita fuerint tria
quaesita, nempe:
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