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Benedictus PP. XIV
Nimiam licentiam

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6. Therefore all avenues are closed by which one could determine whether a marriage is contracted with the necessary liberty and consent; when any such impediment exists between the contracting parties, the marriage must be dissolved and declared void. So the conditions are set for annulling marriages, even those consecrated in the Church. At times it is argued that the marriage was entered upon by force or by fear, in either case without the free consent of one or the other of the contracting parties; at other times a legitimate and canonical impediment is alleged, which could have been known before the marriage was contracted if it had not been purposefully concealed; also at times, and this happens more frequently, a marriage is annulled because it was contracted before another priest, even with the consent of the parish priest or of the ordinary bishop but without the necessary and usual formalities. Certainly it is clear that these dissolutions of marriages in Poland are a source of evil and an open door to crime. Furthermore the canonical benefit of appeal, which one of the spouses can enjoy after the case is decided in favor of the other, is impeded by these frauds and subterfuges. Finally these frequent marriage dissolutions are not without the gravest offense and scandal to the upright.




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