Folia Theologica et Canonica, Supplementum (2016)
Hanns Engelhardt, Marriage and Divorce In Anglican Canon Law
60 HANNSENGELHARDT also to be married by the Rites of the Church shall not constitute a reason for refusing such Rites to them nor shall it be held in disrepute by the Church, provided that the Priest who solemnizes the marriage shall be satisfied that both the persons are conversant with the principles of Christian Marriage and they intend that their marriage shall be monogamous and indissoluble. If there is any doubt as to whether any local practice is repugnant to Christian Doctrine or Law, the ruling of the Bishop is final. Understandably, the problem of polygamy is explicitly dealt with. A baptized person who becomes a polygamist is not admitted to Confirmation or Holy Communion (Sec. 4 [ 1 ]). A baptized member of the Church who marries a polygamist is not eligible for Confirmation, and, when a communicant member, is suspended from Holy Communion, as long as such a union exists; under exceptional circumstances the Bishop may permit Confirmation or restoration to Holy Communion (Sec. 5 [5]). This possibility apparently does not obtain in the case of the polygamist himself. An unbaptized polygamist is not admitted to Baptism unless under exceptional circumstances the Bishop gives direct permission in writing (Sec. 4 [11). The unbaptized wives of a polygamist may, subject to the provisions of Section 5 [5] of this Canon be admitted to Holy Baptism and shall not be precluded from Confirmation and Holy Communion solely on account of such marital circumstances (Sec. 4 [2]). The reference to Sec. 5 (5) in this paragraph is not quite clear to me; if the marital circumstances “shall not preclude” admitting those persons to Baptism, Confirmation and Holy Communion there seems no possibility of requiring additional “special circumstances”. V. Dissolution of Marriage With regard to the dissolution of a marriage and the possibility of remarriage a prefatory remark, a nota praevia so to speak, appears useful: In the documents the term “divorce” is sometimes used, as will be seen, somewhat loosely, including a sentence of annulment or even a separation a mensa et thorn38. In order to avoid misunderstandings I propose consistently to distinguish annulment - if a marriage is declared void from the beginning, separation - if a new marriage is not permitted, and divorce (proper) - if it is a vinculo, making a new marriage possible. 38 Even the “Act to amend the law relating to Divorce and Matrimonial Causes in England” of 1857 (20&21 Vic, c. 85) still speaks about “divorces a mensa et thoro”.
