Article — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Article II. On the Subject of Matrimony
- Principles. - I. The subject of the Sacrament of Matrimony is every baptized person laboring under no impediment, whether natural, divine, or canonical.
I said, first, every baptized person, for unbaptized persons are not capable of the Sacraments of the Church, as is evident. I said, second, laboring under no impediment, for although of himself every baptized person is a subject capable of the Sacrament of Matrimony, nevertheless, per accidens, many are prevented from contracting matrimony validly because of various impediments of natural, divine, or ecclesiastical law, as will be said below in its proper place, no. 794.
Hence, first, the matrimony of infidels, although it can be valid under the nature of a contract, nevertheless is not a Sacrament. Indeed, a faithful person contracting matrimony with an infidel, even with a dispensation of the Pope, according to the common opinion against a few 1, will not receive the Sacrament. For the sign of the union of Christ with the Church, which confers sacramental grace, consists neither in the union of the man nor in the union of the woman, but in the union of both.
1 Let the studious reader choose the opinion more pleasing to him, since eminent Theologians and Doctors fight for each. Thus Clericatus (On Matrimony, decision 4, no. 25). For the affirmative opinion, that it becomes a Sacrament for the faithful party, among others are Andrew Vega, a Tridentine theologian, and Ferraris, who (Canonical Library, word Matrimony, article 1, no. 19) diligently defends it and cites others for it. But the reason added by the Author for the negative opinion is of little weight, both because the essence of a Sacrament is that it signify the grace which it confers, and because from the most frequent doctrine of the Fathers the signification of the union of Christ with the Church was found even in matrimony before the evangelical law. But these things contribute little to practice.
Second, heretics and schismatics who, in entering matrimony, accurately and completely observe the laws 2 of the Church contract validly and are fortified by the Sacrament, since there is nothing which can obstruct the validity of this Sacrament. The practice of the Church itself confirms this, for she in no way compels them either to renew consent or to receive the nuptial blessing if, returning to their senses, they return to the unity of the Catholic Church. - Thus all.
2 Understand the laws which pertain to the substance of the matter, among which is not the nuptial blessing which the Author soon mentions.
- II. Spouses contracting matrimony ought to be in the state of grace, because matrimony is a Sacrament of the living. Those who contract while defiled by mortal sin become guilty of sacrilege and do not receive the sacramental graces necessary to spouses. Probably, however, those graces are only suspended and, when the obstacle or mortal sin is removed, are applied to the soul, as we said when treating the Sacraments in general, no. 232. For practice, if no fruit is hoped from an admonition, it will almost be better not to admonish the unworthy person concerning the sacrilege of approaching unworthily, so that at least in this way he may sin less; and he should rather be induced at least to approach confession as soon as possible.
- Questions. - QUESTION 1. Ought the Pastor to require that confession precede matrimony, or that a certificate of confession be exhibited by the spouses?
Reply 1. He cannot require this absolutely of himself unless a law or precept of the Bishop establishes it. The reason is that although the state of grace is required for receiving this Sacrament, confession is nevertheless not necessarily required, since contrition can absolutely suffice even for those who are in the state of mortal sin. Moreover, it is generally not known to the Pastor that the spouses are not in the state of grace.
Reply 2. Where a particular law exists, as in many places, the Pastor must require confession or at least testimony of it. Nevertheless, cases can sometimes occur in which this law appears to admit an exception, as if the matrimony has already been contracted civilly and one party exhibits the required testimony of confession, etc. Moreover, if the spouse is not a public sinner and his unworthiness is not established, even less grave reasons can suffice. But for circumstances of this kind, it is more advisable that the Pastor learn from the Bishop himself how he ought generally to conduct himself.
- QUESTION 2. Is it licit to enter matrimony with a public sinner?
Reply. Yes, if the person cannot withdraw from the matrimony without inconvenience. - Thus more commonly. For although the contracting parties confect the Sacrament, they nevertheless are not ministers deputed to this.
For the same reason, a Catholic woman who has grave reasons, for example, because of the circumstances of families or other motives of great weight, for entering matrimony with a heretic does not sin by contracting it, although she in some way supplies matter of sin to the other; but a dispensation must first be sought, as will be said below.
See many other things concerning the subject of matrimony in the following chapter, where the impediments of matrimony are treated.