Chapter II — On impedient impediments

I. A twofold kind of impedient impediments. One proceeds without a delict, another from a delict. Of the former kind are five, contained in these verses:

The Church's prohibition, and also a festal season, And catechism, betrothals — join a vow: These hinder marriages from being made, but permit them made to stand.

Of the latter kind are seven, contained in these other verses:

Incest, abduction, betrothal, the death of a wife, The raising of one's own offspring, the death of a presbyter, Or if a solemn penitent should take one that is his own: These forbid this marriage to be made.

II. The Church's prohibition signifies the prohibition of a superior, namely a parish priest or bishop, that matrimony be not celebrated at such a time. A festal season is from the first Sunday of Advent inclusively up to the Epiphany inclusively, and from the day of Ashes up to the octave of Easter inclusively. Catechism, or instruction of faith, brings in that impediment which he contracts who answers for an infant while the solemn ceremonies are supplied in the Church, when Baptism, necessity urging, has been administered privately. Godparents of Baptism contract a diriment impediment, godparents of catechism an impedient one. That this impediment was taken away by Trent very many contend. Betrothals lawfully contracted with any person whatsoever hinder matrimony with another. A simple vow of chastity, of not marrying, of receiving sacred Orders, of entering Religion, is an impediment hindering matrimony. A woman cannot lawfully contract with a man bound by one of these vows. Incest is copulation of a husband with the blood-relations of his wife, or conversely of a wife with the blood-relations of her husband. Of abduction it has already been said.

III. Wife-murder perpetrated not with a mind of contracting but out of anger, vengeance, or another cause, hinders matrimony with any other person whatsoever, even if the wife had been an adulteress. The raising of sons begets an impediment by reason of spiritual kinship, which then comes about if a spouse baptize the son either of the other spouse or of each, or raise him from the sacred font, or present him to be confirmed, with the mind of denying the conjugal debt. If nevertheless from necessity the son of the other spouse be baptized, no impediment is contracted. The killing of a presbyter brings in an impediment, when someone kills a presbyter. That anyone may incur this impediment nevertheless, he must be convicted of the killing in the external forum. Solemn penance begets an impediment so long as it lasts, since it does not befit those who give their labour to mourning and weeping to celebrate nuptials, which bring gladness. Marriage with a nun is the last impediment, which is then contracted if anyone knowingly does not fear to take in marriage a virgin espoused to God. He is in perpetuity deprived of the right of matrimony on account of the injury inflicted upon the divine spouse Christ.

IV. He who, bound by one of the recounted impediments, contracts matrimony, is not deprived of the right of asking the debt, save in the vow of chastity and in incest; he is nevertheless bound to render it even when bound by these. In the rest he can both ask and render. Authors advert that, the forbidden season, the vow, and betrothals being excepted, the other impediments have grown obsolete. Wherefore the impedient impediments which now are in force are expressed in this verse:

The Church's prohibition, a season, betrothals, a vow.

As regards this nevertheless one must cleave to custom.