QUAM
RELIGIOSA
ENCYCLICAL OF POPE LEO XIII ON
CIVIL MARRIAGE LAW
To
the Bishops of Peru.
Peru
and Christianity
The great
religious persistence with which Peru adhered to the Catholic faith is
a praiseworthy distinction for that illustrious country. This same nation
is united with Us and with the Apostolic See through allegiance and choice.
A number of things show this, among which are the prayers addressed to
Us to support the holy missions in the remotest districts of that land.
Priests and religious are needed, men whose devotion and piety would be
nourished by skill and zeal for daily growth. We remember with pleasure
that a large group of Catholics from the entire country met two years
ago in the capital of Peru, knowledgeable and virtuous men distinguished
by their position and wealth. From this group a certain new and joyful
spiritual love burst forth. Without hesitation they zealously promoted
the faith of their fathers, and with reverence and love they followed
this See of Peter in public discussions. Venerable
brothers, We have never avoided any opportunity to show Our singular good
will toward Peru with increased encouragement and open proof of Our benevolence.
There are many things We do not want to pass by, among which is
this: Peru has attained much dignity and authority from the honors and
special privileges attributed by the Apostolic See to its bishop.
These distinctions
fill Us with a certain hope that in whatever manner your ancestors carried
out their wonderful work, from this moment on the leaders of Peru might
employ as much effort on behalf of these matters. Furthermore, We hope
that they will fully approve everything which their steadfastness in defending
the Catholic faith has lawfully conferred on them.
Civil
Marriage in Peru
2. It
is with sorrow that We view the recently disseminated law in Peru. Under
the appearance of regulating the marriage of non-Catholics, it introduced
in effect, what is called a civil marriage, even though that law does
not affect people of all conditions. What is more, putting aside the authority
of the Church, a civil ceremony is permitted for mixed marriages whenever
the Holy See, for serious reasons and for the eternal salvation of the
Christian family, would consider it inappropriate to exempt anyone from
the law forbidding marriage between those of different faiths.
3. We
were seriously upset by these events, which have been perpetrated in violation
of the obedience
due to Our dignity and to the authority divinely invested in Our supreme
ministry. We urge you to preserve safe and sound the Catholic teaching
on marriage and assure the preservation of the Peruvian faithful.
Church
Doctrine on Marriage
4. We
are concerned about the whole Christian flock, as Our apostolic duties
require, for We have given frequent instruction concerning the sanctity
of marriage. Jesus Christ, the author of the new covenant, translated
the duty of nature into sacraments, and this duty cannot be divorced from
religion and immersed in worldly of fairs. Preceded by sacred rite, it
can bring about a more tranquil and happy life for the spouses, strengthen
family harmony, raise children more correctly, and suitably provide for
the welfare of its community. Indeed, We have treated this matter in greater
detail in Our apostolic letter Arcanum divinae sapientiae consilium. In
that letter We wanted to remind the faithful of the vigilant cares which
the Church has shown for preserving the honor and sanctity of marriage,
for the Church is the best guardian and avenger of mankind. We also reminded
the civil authorities of what matters they could rightfully regulate.
It is not necessary for Us to bring each of these examples to your attention.
It is, however, relevant to mention again that the leaders of the state
have authority in human affairs which led to marriage and generally concern
civil matters. However, in the truly Christian marriage, they have no
authority, for this matter should be left to the jurisdiction of the Church,
which is not established by men. If the marriage contract is properly
performed-that is, as Christ established it-then they will be able to
see if anything which pertains to civil law might follow. It is Catholic
teaching that the dignity of the sacrament adds to the marriage of Christians;
nobody can depart from this without losing faith. For that reason, these
matters should be governed by the divine authority of the Church alone.
No marriage can be considered firmly ratified unless it is joined according
to Church law and discipline. It is easy to
understand from this that wherever the Tridentine law of the chapter Tametsi(1)
would have been correctly promulgated, then any marriage contracted against
its prescription should be considered null and void. That Tridentine law
was not only promulgated in Peru, but it has been enforced for a long
time and faithfully observed. Therefore, the Apostolic See strongly desires
to keep this teaching.
Exhortation
to Reform
5.
Venerable Brothers, instruct the flock entrusted to your care more clearly
and fully, so they do not remain unaware of any part of this serious matter,
which greatly concerns the eternal salvation of many of them. We also
want you to use your authority and advice to influence those who are empowered
to make laws in Peru. Enter into their favor, so they consider the example
of the Catholic people. The courage of the blessed citizens Turibius and
Rose, great examples of virtue, comes to mind here. Publicly restore both
mind and will, so that they never depart from the Church's precepts in
making laws, which, if correctly observed, will bring about the natural
happiness of the people. They should promise that they will not allow
the recent decree to stand unchanged. They should also promise that civil
marriage laws will contain nothing contrary to the teaching of the Church.
6. Meanwhile,
filled with the hope of divine assistance and confident in your zeal and
skill, We lovingly bestow Our apostolic blessing as a pledge of heavenly
gifts and as a sign of Our special good wishes for you, Venerable Brothers,
and for all the clergy and people entrusted to each of you.
From
the Vatican, 16 August 1898
REFERENCE:
1. Session
24, de ref. matrim., chap. 1.
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