OF BIGAMY AND OF THE IRREGULARITY CONTRACTED THEREBY (FIVE ARTICLES)
In the next place we must consider bigamy and the irregularity contracted thereby. Under this head there are five points of inquiry:
(1) Whether irregularity attaches to the bigamy that consists in having two successive wives?
(2) Whether irregularity is contracted by one who has two wives at once?
(3) Whether irregularity is contracted by marrying one who is not a virgin?
(4) Whether bigamy is removed by Baptism?
(5) Whether a dispensation can be granted to a bigamous person?
Whether irregularity attaches to bigamy?
Objection 1: It would seem that irregularity is not attached to the bigamy that consists in having two wives successively. For multitude and unity are consequent upon being. Since then non-being does not cause plurality, a man who has two wives successively, the one in being, the other in non-being, does not thereby become the husband of more than one wife, so as to be debarred, according to the Apostle ( 1 Tim. 3:2 ; Titus 1:6 ), from the episcopate.
Objection 2: Further, a man who commits fornication with several women gives more evidence of incontinence than one who has several wives successively. Yet in the first case a man does not become irregular. Therefore neither in the second should he become irregular.
Objection 3: Further, if bigamy causes irregularity, this is either because of the sacrament, or because of the carnal intercourse. Now it is not on account of the former, for if a man had contracted marriage by words of the present and, his wife dying before the consummation of the marriage, he were to marry another, he would become irregular, which is against the decree of Innocent III (cap. Dubium, De bigamia). Nor again is it on account of the second, for then a man who had committed fornication with several women would become irregular: which is false. Therefore bigamy nowise causes irregularity.
I answer that, By the sacrament of order a man is appointed to the ministry of the sacraments; and he who has to administer the sacraments to others must suffer from no defect in the sacraments. Now there is a defect in a sacrament when the entire signification of the sacrament is not found therein. And the sacrament of marriage signifies the union of Christ with the Church, which is the union of one with one. Therefore the perfect signification of the sacrament requires the husband to have only one wife, and the wife to have but one husband; and consequently bigamy, which does away with this, causes irregularity. And there are four kinds of bigamy: the first is when a man has several lawful wives successively; the second is when a man has several wives at once, one in law, the other in fact; the third, when he has several successively, one in law, the other in fact; the fourth, when a man marries a widow. Accordingly irregularity attaches to all of these.
There is another consequent reason assigned, since those who receive the sacrament of order should be signalized by the greatest spirituality, both because they administer spiritual things, namely the sacraments, and because they teach spiritual things, and should be occupied in spiritual matters. Wherefore since concupiscence is most incompatible with spirituality, inasmuch as it makes a man to be wholly carnal, they should give no sign of persistent concupiscence, which does indeed show itself in bigamous persons, seeing that they were unwilling to be content with one wife. The first reason however is the better.
Reply to Objection 1: The multitude of several wives at the same time is a multitude simply, wherefore a multitude of this kind is wholly inconsistent with the signification of the sacrament, so that the sacrament is voided on that account. But the multitude of several successive wives is a multitude relatively, wherefore it does not entirely destroy the signification of the sacrament, nor does it void the sacrament in its essence but in its perfection, which is required of those who are the dispensers of sacraments.
Reply to Objection 2: Although those who are guilty of fornication give proof of greater concupiscence, theirs is not a so persistent concupiscence, since by fornication one party is not bound to the other for ever; and consequently no defect attaches to the sacrament.
Reply to Objection 3: As stated above, bigamy causes irregularity, because it destroys the perfect signification of the sacrament: which signification is seated both in the union of minds, as expressed by the consent, and in the union of bodies. Wherefore bigamy must affect both of these at the same time in order to cause irregularity. Hence the decree of Innocent III disposes of the statement of the Master (Sent. iv, D, 27), namely that consent alone by words of the present is sufficient to cause irregularity.
Whether irregularity results from bigamy, when one husband has two wives, one in law, the other in fact?
Objection 1: It would seem that irregularity does not result from bigamy when one husband has two wives at the same time, one in law and one in fact. For when the sacrament is void there can be no defect in the sacrament. Now when a man marries a woman in fact but not in law there is no sacrament, since such a union does not signify the union of Christ with the Church. Therefore since irregularity does not result from bigamy except on account of a defect in the sacrament, it would seem that no irregularity attaches to bigamy of this kind.
Objection 2: Further, if a man has intercourse with a woman whom he has married in fact and not in law, he commits fornication if he has not a lawful wife, or adultery if he has. But a man does not become irregular by dividing his flesh among several women by fornication or adultery. Therefore neither does he by the aforesaid kind of bigamy.
Objection 3: Further, it may happen that a man, before knowing carnally the woman he has married in law, marries another in fact and not in law, and knows her carnally, whether the former woman be living or dead. Now this man has contracted marriage with several women either in law or in fact, and yet he is not irregular, since he has not divided his flesh among several women. Therefore irregularity is not contracted by reason of the aforesaid kind of bigamy.
I answer that, Irregularity is contracted in the two second kinds of bigamy, for although in the one there is no sacrament, there is a certain likeness to a sacrament. Wherefore these two kinds are secondary, and the first is the principal kind in causing irregularity.
Reply to Objection 1: Although there is no sacrament in this case there is a certain likeness to a sacrament, whereas there is no such likeness in fornication or adultery. Hence the comparison fails.
This suffices for the Reply to the Second Objection.
Reply to Objection 3: In this case the man is not reckoned a bigamist, because the first marriage lacked its perfect signification. Nevertheless if, by the judgment of the Church, he be compelled to return to his first wife and carnally to know her, he becomes irregular forthwith, because the irregularity is the result not of the sin but of imperfect signification.
Whether irregularity is contracted by marrying one who is not a virgin?