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Objection 1: It would seem that children born out of true marriage
are legitimate. For he that is born according to law is called a
legitimate son. Now everyone is born according to law, at least the
law of nature, which has more force than any other. Therefore every
child is to be called legitimate.
Objection 2: Further, it is the common saying that a legitimate
child is one born of a legitimate marriage, or of a marriage that is
deemed legitimate in the eyes of the Church. Now it happens sometimes
that a marriage is deemed legitimate in the eyes of the Church,
whereas there is some impediment affecting its validity; which
impediment may be known to the parties who marry in the presence of the
Church: or they may marry in secret and be ignorant of the
impediment, in which case their marriage would seem legitimate in the
eyes of the Church, for the very reason that it is not prevented by
the Church. Therefore children born out of true marriage are not
illegitimate.
On the contrary, Illegitimate is that which is against the law. Now
those who are born out of wedlock are born contrary to the law.
Therefore they are illegitimate.
I answer that, Children are of four conditions. Some are natural
and legitimate, for instance those who are born of a true and lawful
marriage; some are natural and illegitimate, as those who are born of
fornication; some are legitimate and not natural, as adopted
children; some are neither legitimate nor natural; such are those born
of adultery or incest, for these are born not only against the positive
law, but against the express natural law. Hence we must grant that
some children are illegitimate.
Reply to Objection 1: Although those who are born of an unlawful
intercourse are born according to the nature common to man and all
animals, they are born contrary to the law of nature which is proper to
man: since fornication, adultery, and the like are contrary to the
law of nature. Hence the like are not legitimate by any law.
Reply to Objection 2: Ignorance, unless it be affected, excuses
unlawful intercourse from sin. Wherefore those who contract together
in good faith in the presence of the Church, although there be an
impediment, of which however they are ignorant, sin not, nor are
their children illegitimate. If, however, they know of the
impediment, although the Church upholds their marriage because she
knows not of the impediment, they are not excused from sin, nor do
their children avoid being illegitimate. Neither are they excused if
they know not of the impediment and marry secretly, because such
ignorance would appear to be affected.
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