Consult the declaration of Pope Benedict XIV. of Nov. 4, 1741. You will
find in it these words: "_Quod vero spectat ad ea conjugia quæ, absque
forma a Tridentino statuta, contrahuntur a catholicis cum hæreticis,
sive catholicus vir hæriticam feminam ducat, sive catholica fæmina
heretico viro nubat; si hujusmodi matrimonium sit contractum aut in
posterum contracti contingat, Tridentini forma non servata, declarat
Sanctitas sua, alio non concurrente impedimento, validum habendum esse,
sciat conjux catholicus se istius matrimonii vinculo perpetuo
ligatum._"--With respect to such marriages as, transgressing the
enactment of the Council of Trent, are contracted by Catholics with
heretics; whether by a Catholic man with a heretical woman, or by a
Catholic woman with a heretical man; if such matrimony already is, or
hereafter shall be contracted, the rules of the council not being
observed, his holiness declares, that if there be no other impediment,
it shall be held valid, the Catholic man or woman understanding that he
or she is by such matrimony bound until death.
By what astonishing contradiction is it, that the French laws in this
matter are more severe than those of the Church? The first law by which
this severity was established in France was the edict of Louis XIV., of
November, 1680, which deserves to be repeated.
"Louis,... The canons of the councils having forbidden marriages of
Catholics with heretics, as a public scandal and a profanation of the
sacrament, we have deemed it the more necessary to prevent them for the
future, as we have found that the toleration of such marriages exposes
Catholics to the continual temptation of perverting it, etc. For these
causes,... it is our will and pleasure, that in future our subjects of
the Roman Catholic and Apostolic religion may not, under any pretext
whatsoever, contract marriage with those of the pretended reformed
religion, declaring such marriages to be invalid, and the issue of them
illegitimate."
It is singular enough, that the laws of the Church should have been made
the foundation for annulling marriages which the Church never annulled.
In this edict we find the sacrament confounded with the civil contract;
and from this confusion have proceeded the strange laws in France
concerning marriage.
St. Augustine approved marriages of the orthodox with heretics, for he
hoped that the faithful spouse would convert the other; and Louis XIV.
condemns them, lest the heterodox should pervert the believer.
In Franche-Comté there exists a yet more cruel law. This is an edict of
the archduke Albert and his wife Isabella, of Dec. 20, 1599, which
forbids Catholics to marry heretics, on pain of confiscation of body and
goods.
The same edict pronounces the same penalty on such as shall be convicted
of eating mutton on Friday or Saturday. What laws! and what
law-givers!--"_A quels maîtres, grand Dieu, livrez-vous l'univers!_"
SECTION II.