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Given by His
Holiness Pope Gregory XVI
May 27, 1832
Venerable
Brothers, Greetings and Apostolic Benediction.
The Apostolic See has always ensured that the canons forbidding the
marriages of Catholics with heretics have been observed religiously.
Occasionally such marriages have been tolerated in order to avoid more
serious scandals. But, even then, the Roman Pontiffs saw to it that the
faithful were taught how deformed these marriages are and what
spiritual dangers they present. A Catholic man or woman would be guilty
of a great crime if he presumed to violate the canonical sanctions in
this matter. And if the Roman Pontiffs themselves very reluctantly
relaxed this same canonical prohibition in some serious cases, they
always added to their dispensation a formal condition: that the
Catholic party must not be perverted, but rather must make every effort
to withdraw the non-Catholic party from error and that the offspring of
both sexes must be educated entirely in the Catholic religion.
Mixed Marriages
2. Therefore, guided by the example of Our predecessors, We are grieved
to hear reports from your dioceses which indicate that some of the
people committed to your care freely encourage mixed marriages.
Furthermore, they are promoting opinions contrary to the Catholic
faith: namely, they dare to affirm that a Catholic may freely and
legally contract marriage with a heterodox party, not only without
asking for a dispensation (which must be obtained from the Apostolic
See in each individual case), but also without agreeing to the
necessary obligations, especially the duty to educate all the offspring
in the Catholic religion. Indeed it has even come to the point that
these same persons insist that mixed marriages ought to be approved
when the heretical partner is a divorced person whose former spouse is
still alive. To this end they issue serious threats of punishments in
order to induce priests to announce mixed marriages in the churches
and, afterwards, to defend the act by which these marriages were
contracted or, at least, to grant the contracting parties what they
call dimissory letters. Finally some of these misguided people attempt
to persuade themselves and others that men are not saved only in the
Catholic religion, but that even heretics may attain eternal life.
Praiseworthy Situations
3. Some circumstances, however, lighten Our grief which arises from
this matter: namely, the constancy of most of the Bavarian people in
holding fast to the Catholic faith, their sincere obedience to
ecclesiastical authority, and the steadfastness of nearly all of their
clergy in carrying out their ministry according to the canons. We know
that, although you may not all hold the same opinion in this business
of mixed marriages, all of you are resolved to hearken to the Apostolic
See and, with its guidance, to protect the flocks entrusted to you, not
even fearing to encounter dangers in order to safeguard the sheep.
Help from King Louis
4. Through these letters We hope to strengthen your fraternity so that
in the matter under consideration you may continue to preach the
unchangeable Catholic teachings and to safeguard the observance of the
canons. Since Our opinion has been made known to you, We hope it will
result in a more perfect agreement between all of you and the Holy See.
We hope that Our dear son in Christ, Louis, the illustrious king of
Bavaria, when he understands the present problem, may assist Us and you
with his patronage because of his grandfather's zeal for the Catholic
religion which Louis has inherited. If he toes, the evils which
threaten the Catholic cause from this source may be prevented and our
most holy religion may be restored and protected throughout Bavaria.
Then Catholic clergy may enjoy complete liberty in carrying out their
ministry, just as was provided for in the agreement entered into with
the Apostolic See in 1817.
History of Dictum Against Mixed Marriages
5. Next let Us start with the things which concern the faith which, as
We mentioned above, some are endangering in order to introduce greater
freedom for mixed marriages. You know how zealously Our predecessors
taught that very article of faith which these dare to deny, namely the
necessity of the Catholic faith and of unity for salvation. The words
of that celebrated disciple of the apostles, martyred St. Ignatius, in
his letter to the Philadelphians are relevant to this matter: "Be not
deceived, my brother; if anyone follows a schismatic, he will not
attain the inheritance of the kingdom of God." Moreover, St. Augustine
and the other African bishops who met in the Council of Cirta in the
year 412 explained the same thing at greater length: "Whoever has
separated himself from the Catholic Church, no matter how laudably he
lives, will not have eternal life, but has earned the anger of God
because of this one crime: that he abandoned his union with Christ."
Omitting other appropriate passages which are almost numberless in the
writings of the Fathers, We shall praise St. Gregory the Great who
expressly testifies that this indeed is the teaching of the Catholic
Church. He says: "The holy universal Church teaches that it is not
possible to worship God truly except in her and asserts that all who
are outside of her will not be saved." Official acts of the Church
proclaim the same dogma. Thus, in the decree on faith which Innocent
III published with the synod of Lateran IV, these things are written:
"There is one universal Church of all the faithful outside of which no
one is saved." Finally the same dogma is also expressly mentioned in
the profession of faith proposed by the Apostolic See, not only that
which all Latin churches use, but also that which the Greek Orthodox
Church uses and that which other Eastern Catholics use. We did not
mention these selected testimonies because We thought you were ignorant
of that article of faith and in need of Our instruction. Far be it from
Us to have such an absurd and insulting suspicion about you. But We are
so concerned about this serious and well known dogma, which has been
attacked with such remarkable audacity, that We could not restrain Our
pen from reinforcing this truth with many testimonies.
Help the Bavarian People Avoid Mixed Marriages
6. Strive to eradicate these slithering errors with all your strength.
Inspire the populace of Bavaria to keep the Catholic faith and unity as
the only way of salvation with an ever more ardent zeal, and, thus, to
avoid every danger of forsaking it. Once the Bavarian faithful
understands this necessity of maintaining Catholic unity, admonitions
and warnings to them against joining in marriage with heretics will
certainly not be in vain. If on occasion some grave cause should
suggest such a mixed marriage, they will then apply for a dispensation
from the Church and observe the conditions We mentioned above. You and
their parents and others who have care of them are responsible for
teaching them what the judgment of the canons is in this matter. They
must be warned lest they should dare to break these canons and, thus,
jeopardize their souls. Hence if the circumstances suggest it, it may
be necessary to remind them of that wellknown precept of the natural
and divine law, which commands us to avoid not only sins but the next
occasion of sin as well. Remind them also of the other precept of the
same law which enjoins parents to rear their children in the discipline
and admonitions of the Lord (Eph 6.4). Therefore, they must instruct
them in the true worship of God, which is unique to the Catholic
religion. Hence, exhort your faithful to weigh seriously how great an
offense they commit against the supreme Deity and how cruelly they act
toward themselves and their future children when, by rashly contracting
a mixed marriage, they may expose themselves and their children to the
danger of perversion. So that the gravity of such danger may appear
more clearly, recall for them those salutary admonitions of the
Apostles, of the Fathers, and of the canons, which warn that familiar
association with heretics is to be shunned.
Responsibility of Clergy
7. But it may happen that these warnings and admonitions go unheeded
and that some Catholic man or woman is unwilling to give up his
perverse intention of entering upon a mixed marriage. If a dispensation
is not requested or not obtained from the Church or if the necessary
conditions or a certain one of them is not fulfilled, then it will be
the duty of the priest to abstain not only from honoring the marriage
itself with his presence, but also from announcing the marriage and
from granting dimissory letters. You must admonish the priests and
demand that they abstain from every such act. For one who has the care
of souls and who acts differently, especially in the circumstances
prevalent in Bavaria, would seem in some way to approve these illicit
marriages by his actions. His works would encourage the liberty of
those souls, a liberty which is pernicious to their salvation and even
to the cause of faith.
Cases Involving Divorce
8. After these things it is hardly necessary to add statements
concerning those other, far more serious, cases of marriages contracted
between Catholics and heretics in which the heretical party may have a
previous partner still living from whom he separated by divorce. You
know how strong by divine law the bond of marriage is. This bond cannot
be broken by human authority. Therefore, a mixed marriage in such cases
is not only illicit, but entirely invalid and adulterous. The only
exception is when the former marriage, which the heretical party
considers dissolved by divorce, was entirely invalid because of some
canonical impediment. In this last case, not only must all the things
which were said above be observed, but the new marriage must not be
permitted until after the first marriage has been declared invalid by
an ecclesiastical judgment made according to canonical standards.
9. These are the things, venerable brothers, which We thought should be
called to your attention in this matter. Meanwhile We do not cease to
ask our omnipotent and merciful God with fervent prayers to clothe you
and all the clergy of Bavaria with virtue from on high and to cover you
with His right hand and defend you with His holy arm. May the Apostolic
Benediction be a pledge of the great love with which We regard your
fraternity in the Lord. We most lovingly bestow this benediction on
you. Distribute it to the clergy and faithful laity of your dioceses.
Given in Rome, at St. Peter's under the ring of the Fisherman, May 27,
1832, the second year of Our Pontificate.
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