Page:Catholic Encyclopedia, volume 9.djvu/159

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poses illegitimacy. It is to be noted that all ohildren bom of marriage are presumed in canon law to be legitimate. This holds, not only for valid marriages, but also for such as are commonly reputed to be valid, though really invalid, provided sucn marriages were entered into, by at least one of the parties, in good faith. A marriage of this latter kind is called a puta- tive marriage. If both parties to such marriage were in bad faith, the children would be held legitimate in the external forum, as this bad faith would not be manifest. In case botn contractors were in good faith, the children would be legitimate, even if the marriage were afterwards declared to be null. Presumption of legitimac}^ is always in favour of the children born of a person in wedlock, unless evident proof be given that physical reasons make the paternity of the hus- band impossible, such as absence, impotence, etc.; and even a sworn confession of wrongdoing on the part of either reputed parent will not otherwise affect the legitimacy of the children. Infants bom before the usual time of gestation or after it, as, for example, at the beginning of the seventh month after the mar- riage ceremony, or at the completion of the tenth month after the death of the husband, are held to be legitimate. When marriage is entered into by two parties who suspect there is an impcKliment but make no inquiry into the truth, ana it afterwards be made plain that such obstacle to validitv did exist, their offspring is illegitimate, because affected igno- rance is equivalent to knowledge. If, however, the doubt arise after the consummation of the marriage, children conceived before a sentence of invalidity is rendered have the standing of legitimate children.

Illegitimate offspring are designated by various names in canon law, according to the circumstances attending their procreation: they are called natural (naturales) children, if bom of unmarried persons be- tween whom there could have been a legitimate mar- riage at the time either of the conception or the birth of their offspring; if bom of a prostitute, illegitimate children are called manzeres; if of a woman who is neither a prostitute nor a concubine, they are desig- nated bastardi; those who are sprung from parents, who either at the time of conception or of birth could not have entered into matrimony, are termed spurii; if, however, valid marriage would be impossible both at the time of the conception and of the birth of the children, the latter are said to be bom ex damnato coitu; when one parent is married, the illegitimate children are called nothi; if both are wedded, adtdte- rini; if the parents were related b^ collateral con- sanguinity or affinity, incestuosi; if related in the direct line of ascent or descent, nefarii. Illegitimate natural children are legitimatea by a valid or putative marriage subsequently contracted between tneir par- ents, even if that marriage be not consummated. Hence such a marriage could be contracted even by a dying person. But this privilege is extended only to those between whose parents a legitimate marriage would be possible either at the time of birth or concep- tion, or. at least, at some intermediate time, not to those whose parents, during that whole P^od, would be boimd by a diriment impediment. Tlie legitima- tion of children does not depend on the will of their parents, and takes place even when the latter are unwilling, or even when the marriage has been cele- brated after other marriages contracted during the interim. This legitimation extends to natural children who are already dead and consec^uently to their living descendants. An infant thus legitimated is held equsd to legitimate children in all respects as to sacred ord^ and as to ecclesiastical dignities, except the cardinalate. This last exception was made by Sixtus V (3 Dec., 1586). It is not required that mention of such legitimation be made either in public documents or nuptial banns. Such legitimation is termed plenior in canon law to distinguish it from the plena legitima-


tion which is fpranted by papal rescript, and from the pUniasima which follows on the radical validation of a marriage (sanatio in radice), Ille^timate children who are not naiurales cannot be legitimated by a sub- sequent marriage of their parents. This privilege may however be granted them by dispensation from the pope.

The sovereign pontiff has the power of legitimating all children bom out of wedlock and thus making them capable of hereditary succession, and of receiving sa- cred orders, honours, dignities, and ecclesiastical bene- fices. A legitimation by a civil law does not remove the canonical irregularity, as laymen have no ecclesias- tical jurisdiction. By conmion canon law, it is for- bidden to ordain illegitimate persons, unless they be lawfully dispensed or be professed in a religious oraer. In the latter case, however, they are not capable of receiving prelacies, unless a special rescript be con- ceded. For maior orders, dignities, and canonries in a cathedral church, the pope alone can dispense; the power of the bishop extends only to minor orders and simple benefices. If an episcopal see be vacant, the cathedral chapter has the same power as the bishop. Legitimation for Sacred orders carries with it the dis- pensation to obtain a benefice, but not that for minor orders, unless it be expressly stated. A son bom law- fully to one who afterwards receives Sacred orders can- not immediately succeed to the paternal benefice; if unlawfully begotten, he may not succeed at all. A father, however, may succeed his lawful son in a bene- fice without any dispensation, because there is then no question of hereditary succession. Canon law and the Roman civil law are not in accord in the matter of le^timation, as the latter restricts the privilege to children bom of concubinage, whose parents after- wards married. The church law, as we have seen, extends to all illegitimate children the benefit of possi- ble legitimation. The laws of England and those of many states of the American Union do not recognise legitimation of children as following upon a subsequent marriage.

Ferraris, Bibliotheca Canonica, s. v. Filius and LeoiUtnatio (Rome. 1886); Taunton, The Law of the Church, b. v. lOeoitir mate Children (London, 1906); Aichner, Compendium Juria Ecclesiastici (Brixen, 1895); Xaurentiub, InstittUionee juria eccleaiaatici (Freiburg, 1903). W. FANNING.

Le Gobien, Charles, French Jesuit and founder of the famous collection of *'Lettres (klifiantes et cur- ieuses'^ one of the most important sources of informa- tion for the history of Catholic missions, b. at St- Malo, Brittany, 25 November, 1671; d. at Paris, 5 March, 1708. He entered the Society of Jesus on 25 November, 1671. As professor of philoeophj^ and especially while procurator of the Franco-Chinese


specially ussion, he


mission, he sought in a series of admirable pai>ers to awaken the interest of the cultivated classes in the great work of Christianizing Eastern Asia. In 1697 appeared at Paris his *'Lettres sur les progr^ dela religion k la CJhine". Apropos of the violent literary feud then in progress concerning the so-called "Chi- nese Rites^ he published among other things "His- toire de T^dit de I'empereur de la Chine en faveur de La religion chr^tienne avec un dclaircissement sur les honneurs que les C^hinois rendcnt k Confucius et aux morts" (Paris, 1698); and in the year 1700: "Let- tre 2l un Docteur de la Faculty de Paris sur les propo- sitions d^f^^ en Sorbonne par M. Prioux". under the same date there appeared in Paris the "His- toire des Isles Mariannes nouvellement converties k la religion chr^tienne'\ The second part, trans- lated into Spanish by J. Delgado, is founa in the lat- ter's "Historia General de Filipinas" (Manila, 1892). In 1702 Pdre Le (jrobien published "Lettres de quel- ques missionnaires de la Compagnie de Jdsus, Writes de la Chine et des Indes Orientales; this was the begin- ning of the collection soon to become celebrated imder the title of "Lettree ^ifiantes et curieuses dqrites dea