The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1903-04-11

whether in baptism or confirmation,
does not subject himself to the i'm
pediment of spiritual affinity. The
absentee, who is the real sponsor, may
not marry the child baptized or the
child's oarent
1t is frequently asked whether the
impeachment is contracted by those who
assist 1t conditional baptism Theo-
loSIans maintain that everything de-
Ponds on the degree or kind of doubt.
II the former baptism is in all prob
ability invalid, those who are identified
with the second or conditional baptism
are considered bound by the impedi-
ment: because we have no really solid
foundation for believing that the sac
T2ment was administered in the first
case. On the contrary, when the doubt
IS so slight that the first baptism
seems, in all probability. valid, the
conditional baptism is probably ad-
llnlnstered without giving rise to the
impeachment. But should a marriage
6e arranged between those who assist
at the ceremony or between them and
Others affected by the spiritual rela-
uonsnip. the circumstance should be
made known to the pastor.
In private baptism. the participants
and the parents of the child in all
prcba bility, contract the impeachment,
80 says a response of the Sacred Con-
Sregation of the Council. Some main
tam. however, that this response has
never been sufficiently promulgated.
At any rate, the duty Of those con-
ceIned is quite plain. All who are con-
hected with such a baptism should re-
member that they are probably af-
fected by the impediment and should
not think of intermarrying without
laying the whole matter before com
petent authority. But when the solemn
ceremonies proper to the sacrament
are supplied after private baptism, no
spiritual relationship is contracted, be-
cause no generation takes place.
Parents who baptize their own il
legitimate children contract the i'm
pediment Thus. if Sara baptiZes the
child of her misfortune. and after
wards desires to marry its father. she
cannot do so without first being dis
pensed from the impeachment of spir-
itual affinity
The impeachment of spiritual affinity
comes from the ecclesiastical law. The
old Roman law made it impossible for
the father to marry his adopted
daughter, and for the mother to marry
her adopted son. The reason of this
legislation was to preserve purity in
the family and to promote public
honesty" which last term viii be de
fined later on. The church, finding
this legislation most excellent in it's
results. incorporated it into her own
code and dignitied it with her strongest
sanction, that of diriment impeachment.
The Roman code distinguishes a
tWo-fold adoption-perfect and i'm
perfect. The adoption is perfect
when it receives the sanction and seal
of the supreme magistrate 1t is i'm
perfect when it is authorized by a
lesser official only. It should be re-
membered. however, that the person
adopted should be sui juris and should
pass into the family out of the legal
parent and be reputed one of the chill
dren.
All canonists agree that perfect
adoption invalidates marriage. Most,
on the other hand, argue that imper-
feet adoption does not invalidate mar
riage. When the state recognizes
legal adoption and when the adoption
is made according to the civil statute
the impediment seems 10 have place
nowadays. At any rate, the matter
is grave enough to he brought before
the ecclesiastical tribunal, where alone
1t can be adequately judged.
The impeachment of legal affinity is
three-fod and is euphoniously de-
scribed as arising from paternity fra
ternity and affinity. The first or that
which arises from paternity, invali-
dates marriage between the adopter
and the adopted, and the offspring of
the latter. and that, too, in perpetuity
even though the bond of adoption be
severed. The second. or that which
comes from fraternity, invalidates mar
riage between the person adopted and
the other children of the adopter. In
this case the impeachment ceases when
the bond of adoption is severed. or
when the person adopted passes from
the jurisdiction of his legal parent.
The third. or that which comes from
affinity, invalidates marriage between
the person adopted and the wife OF his
adopter; also between the wife of the
adopted party and the father who
adopted him. In this case the impedi-
ment is perpetual.-Pro Tenn in Hart
ford Catholic Transcript
One must possess a great deal of
true charity to bring oneself to believe
in the good faith of those who period
icallY resurrect and launch against
the church ISLANDERS that have time
and time again been shown to be
without shadow of truth If the
good faith Of the accusers be actually
admitted. it can only be at the ex-
pense of their scholarship or their in
telligence Take, for instance. the
comments on the Holy Sees "annul-
ling certain marriage
made of late in a number of European
journals. and quite likely to be re-
produced in American papers of sim
liar tastes and proclivities. The theme
is discussed, of course, in connection
with the recent scandal in the royal
house of Saxony; and the statement is
made that there have been instances
in which Rome has really granted a
divorce in the full sense of the word
that is, has dissolved the bond of a
genuine and contaminated marriage
and allowed the husband or wife. OF
both. to contract forthwith another
marriage.
It need not be said that the state
ment is an untruth no matter by
whom asserted; as made by a good
many. it is in all probabilities lie as
we'll The church for sufficient rea-
sons has authorized, does authorize
and doubtless will continue to author
ize, separation from bed and board
in the case of Catholics really mar
ried: but she does not declare thai
the bond of marriage has ceased tC
bind: she does not permit either party
to marry again within the lifetime OF
the other.