# Lehre und Wehre_St. Louis Missouri_August 1862_S243
# AI translation — CHI Digital Archive (demonstration)

Excerpts as Contributions to Pastoral Casuistry. 243

be truly called and held an act of adultery, and that he, as her husband, was
obligated to keep faith with his wife just as she was to him; nevertheless,
because in the divine Law, Exod. 22:16, Deut. 22:28, the death penalty upon
one who lies with a virgin is set without restriction as to whether he himself
was married or single, so that through this penalty the authorities could
prevent such a matrimonium (marriage), we do not see for what motives
Theodosius could prevent this marriage. Nor can it simply be argued a
paritate (from parity), since there are many reasons why it has pleased the
wisest Lawgiver to punish adultery with a married person more severely than
with an unmarried one. As we see, God permitted in the Old Testament that
a man might have several wives, but never that a woman be allowed several
husbands, although his Law requires from both sides that a wife have no
less her own husband than a man have his own wife, 1 Cor. 7:2. In the
present case various circumstances present themselves as to why this
marriage is rather to be advised than advised against. For, not to dwell
further on the fact that the aforenamed Juliana was not a married but an
unmarried person, and was a girl of about 18 years when Sulpitius, Ottilia's
husband, got her with child and, while Ottilia still lived, begot a child with
her — the conscience of both can be no better served than if now, through a
legitimate marriage, Juliana — whom the stepson Crispinus, given
circumstances not unknown to him, cannot and will not marry with a good
conscience — is once again brought to honor, and likewise the still-living
child begotten with her in adultery becomes, ex illegitima, proles legitima*)
(out of an illegitimate one, a legitimate offspring).

To answer the second question:

Since Sulpitius, matters standing so, pays no heed to any remonstrance, and
also, suasu Theodosii (at Theodosius's urging), since he is bound to no
divine law requiring it, may not report himself to the authorities for
punishment on account of the adultery committed with Juliana, Theodosius
is nevertheless obliged to keep silent and to commit the matter to God,
because the deceased Ottilia sincerely forgave her husband Sulpitius this
deed, who repented of it bitterly, but disclosed it to Theodosius, as her
father confessor, shortly before her end, sub fide silentii (under the pledge
of silence), and asked that it be told and held before no one but her
husband, and that only after her death, so that he might all the more
persevere in constant penitence. Whereupon Theodosius also, after Ottilia
had died, took occasion to speak with Sulpitius, and found that he did not
deny the deed but rather repented of it with tears and showed other good
tokens of true repentance. Since Theodosius is presumably also Sulpitius's
father confessor —

*) Out of an unlawful one, a lawful offspring.