Article — Merkelbach, Pastoral Questions
Article I: Age
- I. Notion of this impediment.
"A man before the completion of his sixteenth year of age, and a woman before the completion likewise of her fourteenth, cannot enter matrimony." (Can. 1067, § 1.)
Note: a) the years must be altogether completed, so that, if even one day is lacking, the matrimony is invalid.
b) the day of birth is not counted, so that one who was born on the 19th day of July is considered to have completed the fourteenth year of age only on the 20th day of July.
- II. Nature of this impediment.
a) It has force from ecclesiastical law alone. For by natural law no determinate age is required, provided that the use of reason is present, which suffices for giving true matrimonial consent.
b) Before the Code the age of legal puberty was assigned, i.e., twelve completed years for females and fourteen likewise completed years for males.
c) Moreover, in the preceding law the impediment of age was not absolute. For if before that age there were present together both sufficient knowledge of the matrimonial contract and the power for completing copula, matrimony was permitted. But there was need of a declaratory sentence of the Roman Pontiff or of the Bishop concerning the twofold fact, namely knowledge and physical power. And in this sense the condition affecting that impediment was understood: "Unless malice should supply age."
- III. Cessation of the impediment.
a) By the lapse of time, namely when the canonical age has been attained, it ceases with respect to contracting matrimony.
b) But if there is question of a matrimony already contracted and invalid under this head, renewal of consent is required after the due age has been completed and after the nullity of the matrimony has been known, and this in the face of the Church, if the nullity is public.
c) The Pope indeed can dispense, supposing sufficient discretion in those contracting. But he dispenses very rarely, and outside danger of death dispensation is never given without a public cause.
d) Once the dispensation has been granted and matrimony celebrated, cohabitation of the spouses is interdicted until puberty, on account of the danger of harming chastity.
- IV. The wish of the Church.