…judges Francis’ idea on the indissolubility of marriage
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There is separation as regards cohabitation but not regarding the bond
If one of the faithful, previously dispensed, contracts marriage with an unbeliever, it is understood that it was contracted with the explicit condition that the unbeliever wishes to cohabitate with the other without offense to the Creator. Therefore, if the unbeliever does not fulfill the cited condition, remedies that the law determines for these situations should be applied such that they be kept; otherwise they should separate as regards the bed and co-habitation, but not with respect to the bond. In consequence, in the hypothesis which is dealt with, the faithful may not marry again, while the unfaithful spouse is still alive. (Clement XIII. Response Saepe contingit of the Holy Office to the Bishop of Cochin India, August 1, 1759)
