Xliii. Of The Sacrament Of Matrimony; Of Its Nature, Impediments, Duties; Of Divorce; Of Subsequent Marriage; And Of Esp
XLIII. OF THE SACRAMENT OF MATRIMONY; OF ITS NATURE, IMPEDIMENTS, DUTIES; OF DIVORCE; OF SUBSEQUENT MARRIAGE; AND OF ESPOUSALS
(A)
What is that sacrament instituted by Jesus Christ which by grace perfects the life of those whose duty regards the continuance of human ltfe in the society?
It is the sacrament of Matrimony (XLII.).
In what way is this sacrament ordained to the good of society in the supernatural order?
By the fact that it is ordained to the propagation of the human species whose members are called to be part of a supernatural society (XLI., XLII.).
What is the sacrament of Matrimony?
It is a union between man and woman, indissoluble until the death of one of the parties, and which of itself excludes all participation of a third. This union is contracted between baptized persons by mutual consent; by this contract each is given to the other, so that each in regard to the other has the right to certain acts, that children may be born to them for the continuance of society (XLI., XLII.).
Why has this union at the moment it is contracted the nature of a sacrament?
Because Jesus Christ wished it so; and He wished to elevate Matrimony to the dignity of signifying His own union with the Church (XLII. 2).
(B)
What is necessary on the part of the two who wish to make this contract?
It is necessary for both parties to be free to dispose of themselves, and that there be no obstacle opposing their union.
What obstacles can oppose this union?
They are those that are called the impediments of Matrimony.
Are all these impediments of the same nature?
No, for some of them make Matrimony illicit, whereas others make it null and void: the former are called prohibitory impediments, and the latter diriment impediments (Code, Canon 1036).
(C)
What are the prohibitory impediments?
They are the simple vow of virginity, the vow of perfect chastity or of not getting married, the vow of receiving Holy Orders, the vow of embracing the religious state; legal parentage, which results from adoption, in those countries where the civil law makes this a prohibitory impediment; lastly, the mixed marriage when one of the two baptized parties is a member of an heretical or schismatical sect (Code, Canons 1058, 1059, 1060).
When one of these impediments exists what is to be done so that marriage may take place?
It is necessary to ask the Church's dispensation from the impediment; and this the Church does not grant except for grave reasons, especially in the case of a mixed marriage; in this latter case the Church exacts that the non-Catholic party shall do nothing to hinder the other from practising the Catholic religion, and that the children born of the marriage shall receive both Catholic baptism and bringing up (Code, Canon 1061).
If one of the parties, without belonging to an heretical or schismatical sect, be notoriously impious and have rejected the Catholic faith and have joined some society condemned by the Church, would there in this case be an impediment of marriage?
No, not in the sense that the Church's dispensation is necessary, but the Church desires that all the faithful should avoid such unions because of the perils of all sorts attaching thereto (Code, Canon 1065).
(D)
What are the diriment impediments of Matrimony?
The following, and they are such as are to be found in the new Code of Canon Law: (1) Immature age, that is before sixteen complete years for the man, and before fourteen complete years for the woman; (2) impotency anterior to marriage and perpetual, whether on the part of the man or on the part of the woman, whether known or not known, whether absolute or relative; (3) the fact of being already married even though the marriage has not been consummated; (4) disparity of religion when one of the parties is not baptized, and the other has been baptized in the Catholic Church, or has returned to the Church by being converted from schism or heresy; (5) the fact of being in Holy Orders; (6) the fact of having taken solemn vows in religion, or also simple vows provided the Holy See has determined that these simple vows render marriage null and void; (7) rape or detention by force with a view to marriage, until the person so detained have the full use of liberty; (8) adultery with the promise, or the civil attempt, of marriage, or adultery followed by murder of the married partner committed by one of the two delinquents -- or the co-operation, without adultery, whether physical or moral, in the murder of the married partner; (9) consanguinity in direct line of descent always, and collaterally to the third degree inclusively, and this impediment is multiplied according as the root or stock common to the two parties is multiplied; (10) affinity in the direct line always, and collaterally to the second degree inclusively, and this impediment is multiplied according as the impediment of consanguinity which is the cause is multiplied, or by a subsequent marriage with a blood relation of the dead partner; (11) public honesty arising from an invalid marriage whether consummated or not, and from public concubinage -- this makes marriage null and void in the first and second degree in the direct line between a man and the blood relations of the woman, and vice versa; (12) spiritual parentage contracted between a person baptized and the one who baptizes and the godfather or the godmother; (13) legal parentage by adoption -- if the civil law holds this as an obstacle to the validity of marriage it becomes by the virtue of Canon Law a diriment impediment (Code, Canons 1067-1080; L.-LXII.).
(E)
Does the Church ever dispense from these diriment impediments?
She never dispenses and indeed she cannot dispense from those diriment impediments that arise from strict natural law or the divine law, as are, for instance, impotency, or the consummated marriage, or consanguinity in the direct line, or in the collateral line between two very nearly related as brother and sister. But as regards the other impediments which in the main are due to her own ruling she can dispense from them, but only does so for very grave reasons.
Is there not a diriment impediment that does not refer to the condition of the contracting parties, but is extrinsic to them?
Yes; and it is the impediment of clandestinity.
What is clandestinity?
It is a law of the Church which declares null and void the marriage contracted between baptized Catholics, or those who sometime or other were Catholics -- and between baptized and non-Catholics whether the latter be baptized or not -- and between Latins and Orientals-if the marriage is not contracted before the parish priest or before the bishop of the place, or before a priest delegated for this purpose, with at least the presence of two witnesses. If the parish priest or the bishop absolutely cannot be present or only under the greatest difficulties, and there is danger of death to one of the parties, or the difficulties be of such nature that it is impossible for either the parish priest or the bishop to be present for the space of a month, the marriage can be contracted validly with the testimony of two witnesses only (Code, Canons 1094-1099).
(F)
When all necessary conditions are present what must the two to be married do in order to receive the sacrament, and who is the minister of the sacrament?
The two parties must give themselves each to the other, actually, by free consent, without constraint or being forced thereto by grave fear; the consent must be formal and mutual, manifested by words or signs about which there can be no mistake; and the two contracting parties are themselves the ministers of the sacrament of Matrimony (Code, Canons 5085-5087; XLVII. 1-6).
(G)
If there is any error on the part of those contracting marriage, is the consent, which makes the marriage, invalid?
If this error touches the person of either party the marriage is null; but if it touches the qualities of the person it is illicit (Code, Canon 5083).
Is it a good thing on the occasion of the celebration of marriage for the contracting parties to assist at a special Mass in which their union is blessed by the priest?
Yes; and the Church wishes that all her children before receiving this great sacrament in which a special grace is conferred on them that they might fulfil the duties of their married life, should dispose themselves to receive this grace in all its fulness by a good confession and a fervent communion (Code, Canon 1101).
(H)
What is the special grace attaching to the sacrament of Matrimony?
It is the grace of perfect conjugal harmony which inspires a true, lasting, and supernatural affection; it is of such nature that it is able to resist all that might compromise this affection, until death; at the same time this grace brings with it a generosity whereby shortcomings and trials are overcome as regards the children which by the blessing of God may be the fruit of this union; and to this effect that they do nothing whatsoever that may hinder the coming into the world of their children. Moreover, this grace helps the parents to watch over their children with jealous care so that they may be healthy and strong both in body and soul (XLIX 1-6).
(I)
Can a validly contracted marriage be dissolved by civil divorce?
No. For no human law can separate what God has joined together. Even after a civil divorce the two parties are united by the bonds of matrimony, and if one or the other re-marries, in the eyes of God and the Church this new union is simply concubinage.
(J)
If one of the parties die may the surviving one re-marry?
Yes; this is permitted although, in itself, the state of remaining unmarried is more honourable. But in the case of re-marriage, the woman who has already received once the solemn nuptial blessing may not receive it again (LXIII.; Code, Canons 5142, 1143).
(K)
What are solemn espousals which are celebrated before marriage?
They consist essentially in the promise made by two aspiring to marriage to contract marriage with each other at some future time. For them to be valid in conscience and before the world it is necessary for this promise to be made in writing and that it be signed by both parties, and by the parish priest or the bishop of the place, or at least by two witnesses. If one does not know how to write or is unable to do so, the fact must be mentioned in the document and another witness brought forward as testimony thereof (XLIII. 1; Code, Canon 1017).
Do espousals or an engagement to marry give the right to the use of marriage before the marriage is celebrated?
No. Those fiancés who act thus, apart from the fact that they commit a mortal sin, arouse the anger of God, who, later on, may. make them pay dearly for the abuse of the holiness of their espousals.