Article I: On The Notion Of Matrimony

1962. DEFINITION. Matrimony (instituted by God the Creator) is the marital conjunction of man and woman, between legitimate persons, retaining an undivided companionship of life.¹

It is said 1. marital conjunction: by which words the very essence of matrimony is expressed, namely the mutual bond binding man and woman, from the fact that, through consent expressed concerning the present, they hand over to one another dominion of their bodies, in order to generation. - 2. Between legitimate persons: by which words are indicated the conditions of the subject, which ought to be such that the contracting parties are impeded by no law from contracting matrimony; - 3. retaining an undivided companionship of life, which words intimate the properties of matrimony, namely unity and indissolubility.

MATRIMONY, considered formally as a Sacrament, can be defined: the legitimate and indissoluble contract of baptized persons between a man and a woman, by which mutual power over bodies is handed over and accepted, in order to acts of themselves apt for the generation of offspring, elevated by Christ to the dignity of a Sacrament, and conferring grace ex opere operato. This definition will be made clear from what is to be said.

DIVISION. Matrimony is distinguished in many ways, namely:

1. Into legitimate, ratified, and consummated. - 1) Legitimate is that which is contracted by the non-baptized according to the norm of the natural law, and which lacks the power of a Sacrament; such is the matrimony of Jews and Infidels. - 2) Ratified, however, is that which has been contracted between baptized persons entangled by no natural or canonical impediment, between whom, however, after the contract, conjugal intercourse has not yet intervened. It is called ratified, insofar as the Church holds it valid. - 3) Finally matrimony is called consummated when to legitimate or ratified matrimony there has been added carnal conjunction of itself sufficient for the generation of offspring.²

2. Into true, presumed, and putative. True is that whose conditions all objectively stand. - Presumed is called that which, in certain circumstances, is presumed by law, without proofs being brought. - Putative is that which is judged to have been validly contracted, when nevertheless on the side of reality, on account of some latent impediment, it is null.

3. Into canonical, political or civil, and of conscience. Canonical is called that in which all things concur which are required by the canons of the Church. Political or civil is that (which, unless canonical matrimony is added, is called matrimony by injury) in which those things also intervene which civil law requires, such as dotal pacts, consent of parents, and other solemnities, without which it is deprived of civil effect. Matrimony of conscience is that which is contracted in the usual form, the denunciations being omitted, under this law, that it should always be hidden (cf. n. 2080 Note).

Near to this is morganatic matrimony, when a noble man, after the death of a wife who left him children, marries another less noble woman under this law, that she herself and her children are excluded from the dignity of the husband and father and are content with some gift (Morgengabe) for their honorable support; and further that they abstain from the other goods, titles, and paternal insignia, and this especially in favor of the children begotten from the former wife.

1963. Principles. I. The essence of matrimony considered in fieri consists in mutual consent duly expressed; considered in facto esse, in the permanent bond which arises from the aforesaid consent and has annexed to itself dominion or mutual right over the body of the other, without, however, the use of this right belonging to the essence of matrimony. The first part is clear from the decree to the Armenians, saying: "The efficient cause of matrimony is mutual consent regularly expressed by words concerning the present." From this the second part also is clear, both because from compact and consent there arise a mutual obligation and bond between the contracting parties;³ and because every legitimate handing over confers a right in the thing handed over, which thing in the matrimonial contract is the use of bodies in order to generation. Hence the Apostle (1 Cor. 7:4): "The woman does not have power over her own body, but the man. Likewise also the man does not have power over his own body, but the woman." But the third part is manifest from this, that the first parents before sin, at which time no intercourse of the flesh had intervened between them, as the Fathers testify, were plainly joined in true matrimony.⁴ It is confirmed also by the example of the Blessed Virgin Mary and St. Joseph, between whom it is altogether certain that true matrimony existed, yet no use intervened. Wherefore, in both laws the rule has been received: "Consent, not intercourse, makes nuptials."

1964. II. Matrimony of Christians, celebrated by legitimate rite, is a true Sacrament of the New Law. - It is of faith, from Trent (sess. 24, can. 1), defining: "If anyone shall have said that Matrimony is not truly and properly one of the seven Sacraments of the evangelical law, instituted by Christ the Lord, but invented by men in the Church, and that it does not confer grace: let him be anathema." Nor does Paul the Apostle obscurely intimate the truth of the proposition, saying (Eph. 5:25): "Men, love your wives, as Christ loved the Church and handed himself over for her," and soon adding (v. 32): "This is a great sacrament; but I speak in Christ and in the Church."⁵ And 1. indeed, it is a sign of a sacred thing, namely of that most holy bond by which Christ the Lord is joined with the Church, or the divine Word with human nature. - But 2. that grace also is signified and bestowed by this Sacrament, in which especially the nature of a Sacrament exists, these words of the Holy Synod declare: "But the grace which would perfect that natural love, and confirm the indissoluble unity, and sanctify the spouses, Christ himself, the institutor and perfecter of the venerable Sacraments, merited for us by his Passion." Nor 3. can it be doubted that, from the institution of Christ, matrimony, which before was only a natural and religious contract, was elevated to that dignity that it is a sign of a sacred thing, productive of grace, although it is not established concerning the time at which this was done. Therefore it is clear that nothing is lacking to matrimony from those things which belong to the nature of a Sacrament.⁶

It was said: matrimony of Christians; for matrimony of infidels, although perfect in the nature of a contract, cannot be a Sacrament, since Baptism is the gate of all the Sacraments.

But concerning the matrimony of INFIDELS who afterward were converted to the Christian faith, as also concerning the matrimony of a faithful person with an infidel, which has been contracted with previous pontifical dispensation: there are various opinions of Authors, since nothing has been defined by the Church, which may be seen discussed among the Dogmaticians. - Those things which are more approved by us are the following: 1. Matrimony contracted in infidelity, according to the opinion by far more probable, is raised to the nature of a Sacrament by the conversion of both spouses, but not by the conversion of only one spouse. When both turn themselves to the Faith, an express renewal of matrimonial consent is not required; sufficient for the nature of a Sacrament is that virtual consent by which the spouses, approaching Baptism, determine to persist in the matrimony previously entered upon, but in a Christian manner. 2. Matrimony which a faithful person contracts with an infidel, after previous dispensation of the Pontiff has been obtained, has, according to the truer opinion, the nature of a Sacrament on the part of the faithful person.⁷

1965. III. In Christian matrimony, the contract is NOT DISSOCIABLE from the Sacrament; and therefore a true and legitimate contract cannot stand without being by that very fact a Sacrament. - This is clear from the Encyclical Arcanum divinae sapientiae of Our Most Holy Lord Pope Leo XIII, in which the Pontiff speaks thus:⁸ "For Christ the Lord increased matrimony by the dignity of a Sacrament; but matrimony is the contract itself, if only it has been made by right. To this is added that matrimony is a Sacrament on this account, because it is a sacred sign and effective of grace, and bearing the image of the mystical nuptials with the Church. But the form and figure of these is expressed by that very bond of the highest conjunction by which man and woman are bound together among themselves, and which is nothing other than matrimony itself. And so it appears that every just union between Christians is in itself and through itself a Sacrament: and nothing is more abhorrent from truth than that the Sacrament is some adornment annexed, or a property having slipped on from without, which could be disjoined and separated from the contract by the will of men."⁹

From what has been said you will gather: 1. Matrimony is a contract sui generis, differing much from other contracts; and indeed: - 1) Matrimony has its origin and institution from natural and divine law; but other contracts from the law of nations, or from the special law of each nation. - 2) The object of matrimony has been determined by God in such a way that it cannot be modified by the stipulations of the contracting parties, while in other contracts many things are left to the judgment of the contracting parties. - 3) Matrimony, as regards validity, depends on divine, natural, and ecclesiastical law; but not, as civil contracts do, on civil law and the will of princes, who can do nothing in those things which pertain to the Sacraments (cf. n. 1994-1997).

2. Marriages entered into between HERETICS or SCHISMATICS, if no diriment impediment stands in the way, just as they are valid in the nature of a contract, so also truly have the nature of a Sacrament. But

IT IS ASKED. What is to be said of matrimony between BAPTIZED persons duly celebrated, with a positive will NOT TO RECEIVE the Sacrament?

Resp. Dist. 1. If the predominant intention was to exclude absolutely the nature of the Sacrament, and rather to omit matrimony than to receive the Sacrament, the matrimony is invalid in the nature of a Sacrament, and consequently also in the nature of a contract. - 2. If the predominant intention was to celebrate matrimony in the nature of a contract, and therefore to posit all things which are required for its validity, the matrimony is valid, both by reason of the contract and by reason of the Sacrament, although this has been received unworthily. - In doubt as to which was the predominant intention, judgment must be made in favor of matrimony; for everyone is presumed to will to exercise a valid contract, unless the opposite is proved.¹⁰

1966. IV. The ENDS which can be considered in matrimony are of three kinds, namely: intrinsic essential ends, intrinsic accidental ends, and accidental extrinsic ends.

1. The INTRINSIC ESSENTIAL ends are two: 1) the mutual handing over of bodies with the obligation of rendering the debt; 2) the indissoluble bond. - Hence it is certain that, if someone should contract while positively excluding these ends, namely with the mind of not undertaking the obligation of rendering the debt, or of contracting for a time, he would not only sin, but would enter into no matrimony.

2. The INTRINSIC ACCIDENTAL ends likewise are two: 1. The procreation of offspring: for just as matrimony, as a natural conjunction, was instituted from the beginning for propagating the human race, so afterward, that a people might be procreated and educated for the worship and religion of the true God and of Christ our Savior, the dignity of a Sacrament was bestowed on it. 2. The remedy of concupiscence, namely that he who is conscious to himself of his weakness, and does not wish to endure the battle of the flesh, may use the remedy of matrimony for avoiding sins of lust. Concerning which the Apostle (1 Cor. 7:2) writes: "On account of fornication let each man have his own wife, and let each woman have her own husband." And again (v. 9): "But if they do not contain themselves, let them marry; for it is better to marry than to burn." Wherefore neither does he sin in any way who marries principally on account of the remedy of concupiscence, provided he does not exclude the end of procreating offspring. For there is no disorder if, from two licit ends, the secondary is chosen before the primary, when the latter is not smothered by the former. - But if someone should exclude these two intrinsic accidental ends, he could contract not only validly but also sometimes licitly: for example, if he were an old man and married without hope of procreating offspring, nor intended the remedy of concupiscence; for it suffices that the substantial ends be saved.¹¹

3. The ACCIDENTAL EXTRINSIC ends can be very many, such as peace to be reconciled, nobility to be acquired, etc. Ends of this sort, if in themselves honorable, are not to be condemned, since they are not repugnant to the holiness of matrimony; indeed they can even be intended primarily, because it is not a disorder, as we already said, to choose one of the secondary honorable ends before the primary end, provided this is not excluded.¹²

IT IS ASKED. Whether matrimony is commanded by SOME LAW?

Resp. Although matrimony is ordered to the conservation of society, and it is necessary that some embrace this state, nevertheless concerning this no precept has been given to individuals. "But what was said by the Lord: Increase and multiply, looks to this, that the cause for which matrimony had been instituted be declared: not that it impose necessity on individual men. For now, the human race having already been increased, not only does no law compel anyone to take a wife, but rather virginity is commended exceedingly, and it is advised to each one in Sacred Scripture, as being more excellent than the state of matrimony, and containing in itself greater perfection and holiness"¹³ (cf. n. 764).

1967. V. "There are three GOODS of matrimony: offspring, fidelity, and Sacrament; by compensation of which those inconveniences are lessened which the Apostle indicates by these words (1 Cor. 7:28): 'such persons will have tribulation of the flesh'; and it is effected that conjunctions of bodies, which outside matrimony would deservedly have to be condemned, are joined with honorableness.

"The first good therefore is OFFSPRING, that is, children, who are received from a just and legitimate wife. For the Apostle esteemed this so greatly that he said (1 Tim. 2:15): The woman will be saved through the generation of children. Nor indeed must this be understood only of procreation, but also of the education and discipline by which children are instructed unto piety."¹⁴

"FIDELITY follows, which is the second good of matrimony, namely a certain faithfulness by which mutually the man binds himself to the woman and the woman to the man in such a way that one hands over to the other power over his or her body, and promises that he or she will never violate that holy covenant of marriage... But this fidelity of matrimony demands that husband and wife be joined by a certain singular, holy, and pure love; nor that they love each other as adulterers, but as Christ loved the Church."¹⁵

The third good is called SACRAMENT, and is found in the nature of a Sacrament.