Alphabetical Index of Subjects

Absence - of the qualified witness: what sort is required so that there is place for the celebration of matrimony with witnesses alone, 225.

¹ We render due thanks to Rev. Fr. John Brasseur, O.P., who helped the author not a little in neatly transcribing the text and preparing this index.

Non-Catholics exempt from the impediment of disparity of worship, 118, b.

• should not be admitted as witnesses, 221.

Active assistance of the priest is required in matrimony, 87; 217, 5, 6°, 3); 233.

Plaintiff in a divorce cause, 282.

Actual stay in the parish, 220, 5.

Adoption - prohibiting impediment: 94, 95; diriment impediment: 174-176.

Adultery as impediment: see crime; as cause of separation of spouses, 269.

Age as impediment: notion, 98; nature, 99; cessation, 100; wish of the Church, 101; over-adult age of the woman: canonical cause of dispensation, 195, b.

Affinity, its notion, 154; extension, 155; nature, 156; whether it is in force in legitimate matrimony, 157; dispensation, 158; law before the Code, 159-160.

Insanity with respect to matrimonial consent, 31, a.

Anaphrodisia, 103.

Straitness of place as a canonical cause of dispensation, 195, a.

Aphrodisia, 103.

Apostates with respect to matrimony, 90.

Condition appended to matrimonial consent, 90.

Passive assistance of the priest at matrimony is always invalid, 87; 217, 5, 6°; 233; of priest and witnesses at matrimony, 214, 217, 226.

Atrophy of both testicles, 103.

Banns to be published before matrimony: their notion, 67; obligation, 68; time, 69; form, 70; place, 71; dispensation, 72; obligation of revealing impediments, 73; what is to be done by the parish priest when an impediment is detected, 74; testimony concerning publications carried out, 75.

Doubtful baptism with respect to matrimony, 65, 3; 121.

Baptized persons, who are considered baptized in the Catholic Church, 119.

Book of the baptized: inscription of matrimony in it, 235.

Solemn nuptial blessing, 232.

Goods of matrimony, what they are, 4.

Canonical causes: see causes.

Absence of the male member, of both testicles, 103, 1 and 2; of the vaginal canal, 104; of the uterus or ovaries, 106.

Chastity to be observed by clerics in major orders by force of vow, 127; vow of chastity as prohibiting impediment, 92; dispensation, 93.

Cause of dispensation: necessity of a just cause, 193; division, 194; list of canonical causes, 195; non-canonical causes, 196; truth of causes, 197.

Advocate in a divorce cause, 283.

Celebration of matrimony: its external form. Law before the Code, 211-215; form prescribed by the Code in ordinary cases, 216-221; in extraordinary cases, 222-226; who are bound to this form, 227-230; liturgical prescriptions, 231-233.

One notoriously bound by censure with respect to matrimony, 90, c.

Cessation of public concubinage: canonical cause of dispensation, 196, q.

Civil matrimony: when it can be sanated in the root, 253, a, b; its danger as canonical cause of dispensation, 195, n; see also divorce.

Clandestine matrimonies: notion, 213.

Clauses of the rescript of dispensation: their force, 210.

Clerics in major orders must observe chastity by force of vow, 127.

Kinship as impediment: spiritual: its notion, 167; ambit, 168; conditions, 169; nature, 170; multiplication, 172; law before the Code, 173. legal: as an impeding impediment: its notion, 94; when it is in force, 95; as prohibiting impediment: its notion, 174; when it is in force, 175; cessation, 176.

Cohabitation as cause of dispensation, 195, g.

Perfect coitus: what it is, 102, a.

Stay: what is required for proclamation of banns, 71; for liceity of celebration of matrimony, 220.

Competence for dispensation, see Power.

Concubinage: public, 162, 2; danger of incestuous concubinage: canonical cause of dispensation, 195, m; its cessation, 195, q.

Appended condition: in betrothals, 66; to matrimonial consent, its influence on validity, 46-51.

Confessor: concerning his power in dispensing: see Power; concerning his office with respect to separation of spouses, 276; with respect to divorce, 285.

Competence of the Sacred Congregations, 182.

Spouses: their rights and duties, 257-261.

Conjugicide: as impediment see below, Crime.

Consanguinity as diriment matrimonial impediment: its notion, 148; extension, 149; law before the Code, 150; nature, 152; dispensation, 153.

Conscience: matrimony of conscience: notion, 237; conditions for liceity, 238; consequences, 239; inscription, 240.

Matrimonial consent: concerning its qualities, 26; defects, 30-56. Concerning its renewal in convalidation of invalid matrimony: 1° from diriment impediment. Necessity of renewal, 246; nature, 247; manner, 248. 2° from defect of consent. Necessity of new consent, 249; manner, 250. 3° from defect of form, 251.

Mutual consent: with respect to perpetual and total separation, 269, b; with respect to separation from the bed only, 271, 1; as cause of dissolution of betrothals, 63, a.

Consummated matrimony, what it is, 3.

Convalidation of matrimony: one of the remedies to be applied in invalid matrimony, 241; its notion, 242; simple convalidation and sanation in the root, 242, b; simple, 243; convalidation of matrimony invalid from a diriment impediment, 244-248; from defect of consent, 249-250; from defect of form, 251; see also sanation.

Converts, who they are, 120.

Cooperating vicars with respect to assistance at matrimony, 218.

Copula as canonical cause of dispensation, 195, h.

Crime as impediment of matrimony: its notion, 140; first form, 141; second form, 142; third form, 143; reason of the impediment, 144; multiplication, 145; quality, 146; dispensation, 147.

Criminal life: cause of separation of spouses, 270, c.

Disparity of worship: see disparity.

Care of children after separation of spouses, 270, c.

Condemned societies: their adherents with respect to matrimony, 90.

Defect of consent: see consent.

Defect of form: see form.

Delegated priest for assistance at matrimony: conditions for valid assistance, 218; conditions for licit assistance, 220.

Deficiency of dowry: canonical cause of dispensation, 195, c.

Dementia with respect to matrimonial consent, 31, b.

Disparity of worship as impediment: its notion, 117; extension, 118; nature, 122; cessation, 123; form to be observed in those matrimonies, 233.

Matrimonial dispensation: its notion, 177; division, 178; authority of dispensing, 179-192 (see also Power); causes of dispensation, 193-197; petition of dispensation, 198-206; execution, 207-210; with respect to legitimation of offspring, 266, 4.

Diriment impediment: what it is and how manyfold, 96-97.

Dissolution: of betrothals, 63; of conjugal life, 267; through separation of spouses, 268-276; through civil divorce, 277-285.

Civil divorce: state of the question, 277; its notion, 278; what is to be thought concerning the law permitting it, 279; what concerning the sentence itself of perfect divorce, 280; judge in divorce, 281; plaintiff, 282; advocate, 283; mayor, 284; concerning the manner of acting of parish priest and confessor, 285.

Christian doctrine: examination of nupturients concerning it, 66.

Domicile: what it is, 220, 1 and 3; quasi-domicile, 220, 2 and 3.

Doubtful impediment: what is to be judged concerning it, 79.

Doubtful baptism with respect to matrimony, 121, 165-3.

Education of offspring: incumbent upon parents, 261; non-Catholic: cause of separation of spouses, 270, b.

Effects: of betrothals, 62; of matrimony: rights and duties of spouses, 257-261; legitimacy of offspring, 262-266.

Choice of a more perfect state: cause of dissolution of betrothals, 63, d.

List of canonical causes of dispensation, 195.

Bishop: never dispensed from the impediment of sacred order, 128; the Eastern Church does not assume a married man as Bishop, 130, s.

Epispadias, 103.

Error as defect of matrimonial consent, 33-40.

Examination of nupturients: concerning free state, 65; concerning Christian doctrine and the state of matrimony, 66.

Excellence of merits as canonical cause of dispensation, 195, 2.

Exempt persons are bound to the canonical form of matrimony if they contract with a non-exempt party, 230.

Execution of dispensation: its necessity, 207; executor, 208; manner, 209; force of clauses of the rescript, 210; of sanation in the root, 256.

External form, see form.

Extraordinary cases: form of matrimony to be observed in them, 222; 1° in danger of death, 223; 2° outside danger of death, 224 and 226.

Suspect familiarity: canonical cause of dispensation, 195, g.

Fiction, see simulation.

Fiction of law: 252; see also sanation.

Fidelity: as good of matrimony, 4; violation of betrothal fidelity is sufficient cause of dissolution of betrothals, 63, c.

Minor children with respect to matrimony, 77; their education is incumbent upon parents, 261; legitimate, 263; illegitimate natural, 265, 1; spurious, 265, 2.

Ends of matrimony, 5.

Form: of the sacrament of matrimony, 19; external form of matrimony in ordinary cases: see validity and liceity; in extraordinary cases, 222; 1° in danger of death, 223; 2° outside danger of death, 224 and 226; its defect: convalidation of matrimony invalid from defect of form, 251; exempt from form, 229; bound to that form, 227-230.

Degrees in consanguinity, 148, b and c; in affinity, 154.

Sacramental grace of matrimony, 258; state of grace is required from spouses in receiving the sacrament, 22; in convalidation of matrimony, 248, 250, 256.

Heretics: matrimony with them without dispensation is prohibited, 83-84; see mixed religion; they are not bound to the form of the Code, 228-229; if a spouse falls into heresy, separation can be made, 270, a.

Public propriety as diriment impediment of matrimony: notion in the law of the Code, 162; multiplicity, 163; nature, 164; dispensation, 165; law before the Code, 166.

Hypospadias, 103, 4.

Ignorance as defect of matrimonial consent, 32.

Unknown impediment: what is to be judged concerning it, 80.

Illegitimacy, diverse modes, 265. See also legitimation.

Immune from observing the form of the canon, 229.

Impediments in general: their notion, 78; doubtful impediment, 79; unknown, 80; prohibiting or impeding, 81; diriment, what they are, 96; division, 97.

Impediment: convalidation of matrimony invalid from a diriment impediment, 244; cessation of impediment, 245; renewal of consent, 246-248.

Impotence: its notion, 102; who are impotent, 103-106; division, 107; when a diriment impediment, 108; doubtful before matrimony, 109; known after matrimony, 110; certain and detected after matrimony, 111; practical warning, 112.

Incestuous children, 265, 2; danger of incestuous concubinage: cause of dispensation, 195, m.

Indissolubility of matrimony, 9-14.

Infamy of the woman: cause of dispensation, 195, i.

Unbelievers: matrimony with them, see Disparity of worship; how their matrimony is dissoluble, 11-14.

Whether the innocent party has the right of recalling the dismissed party, 273; whether bound to admit the other party again, 274.

One notoriously bound by censure with respect to matrimony, 90, c.

Inscription of celebrated matrimony, in the book of matrimonies, 234; in the book of the baptized, 235; in extraordinary cases, 236; of matrimony of conscience, 240.

Interpellations required by the Pauline privilege, 13, 4°-6°.

Interpreter in matrimony, 27.

Invalid matrimony, 3; its convalidation, 244-251; see also convalidation.

Italo-Greeks: their matrimony after subdiaconate is invalid, 130, d.

Judge in a divorce cause, 281.

Rights and duties of spouses: toward each other, 259-260; toward offspring, 261.

Law: from what law impediments proceed, 78, b.

Legal kinship, see kinship.

Matrimonial legislation, 6.

Legitimation: what offspring can be legitimated, 185; its modes, 266; through subsequent matrimony, a, 1; through solemn profession, a, 2; through sanation in the root, a, 3; through dispensation, a, 4; through rescript of the Holy See, b; it is a canonical cause of dispensation, 195, h.

Legitimacy of children: its notion, 262; conditions, 263; proof, 264; see also illegitimacy and legitimation.

Legitimate matrimony, 3.

Civil law: what is to be thought concerning that law permitting civil divorce, 279.

Supplicatory libellus, 204-206.

Book of matrimonies, 234 and 236.

Book of the baptized, 235 and 236.

Free state, concerning which nupturients are to be examined, 65.

Liceity with respect to the external form of matrimony, 220-221.

Permission for assisting at the matrimony of non-subjects, 220-c.

Bond as impediment: its notion, 113; nature, 114; free state to be proved, 115; penalties against violators, 116.

Line in consanguinity, 148, b; in affinity, 154.

Litigations concerning succession of goods: canonical cause of dispensation, 195, d.

Letters: matrimony by letters, 29.

Liturgical prescriptions: their obligation, 231; solemn blessing, 232; form in mixed matrimonies and disparity of worship, 233.

Clerics in major orders must observe chastity by force of vow, 127.

Maronites: among them the Tridentine form is in force, 229, d; and matrimony of deacons is invalid, 130, d.

Matter of the sacrament of matrimony, 17-18.

Matrimonial consent: its qualities and defects, 30-56.

Book of matrimonies, 234.

Matrimony: its definition, 1; essence, 2; division, 3; goods, 4; ends, 5; as sacrament, 15-25. See also sacrament. Its inscription, 234-240. Matrimony of conscience, see conscience; danger of civil matrimony: canonical cause of dispensation, 195 n.

Monthly stay in the parish with respect to assistance at matrimony, 220-4.

Fear, see Force.

Minister of the sacrament of matrimony, 20; prohibition of approaching a non-Catholic minister as one attached to sacred things in the celebration of matrimony, 88.

Minor children with respect to matrimony, 77.

Mixed matrimonies: form to be observed in them, 233; mixed religion, see Religion.

Notable change: cause of dissolution of betrothals, 62, b.

Mutual consent: with respect to dissolution of betrothals, 63, a; with respect to separation of spouses, whether total, 269, b; or from the bed only, 271, 1.

Natural child, who it is, 265.

Notorious concubinage, 162.

Nuptials: when their solemnity must be omitted, 233, c. See also Matrimony.

Nuptial blessing, 232.

Vow of not marrying: it is a prohibiting impediment, 92.

Obligation - of banns, 68; of revealing impediments, 73; to the form of the Code: principle, 227; statute of canon law, 228-230. Who are immune, 229; to observing liturgical precepts, 231.

Occult impediment, 78; concerning power of dispensing from an occult impediment, 189.

Duties of spouses: see Rights.

Holy Office: its competence with respect to matrimonial dispensation, 182, a.

Local Ordinary, who he is, 59, a; his competence in dispensing, see Power; conditions for valid assistance at matrimony, 217; conditions for licit assistance at matrimony, 220.

Sacred order as impediment: notion, 124; extension, 125; nature, 126; dispensation, 127; penalties against transgressors, 129; in the Eastern Church, 130.

Ovaries: their absence, 106.

Peace: good of peace; canonical cause of dispensation, 195.

Sacred Penitentiary: its competence, 182, c.

Parish priest: who he is, 59, b; his office in examination of spouses, 64-66; in publishing banns, 67-75; conditions for valid assistance at matrimony, 217; for licit assistance, 220; his office with respect to separation of spouses, 276; his manner of acting with respect to divorce, 285. See also below, Power.

Passive assistance is invalid, 87; 217, 5; 233.

Who is presumed to be father, 264.

Pauline privilege, 12-13.

Poverty of the widow: canonical cause of dispensation, 195, e.

Public sinners with respect to matrimony, 90.

Perfect coitus, 102, a.

Danger: of mixed matrimony or of matrimony to be celebrated before a non-Catholic minister: canonical cause of dispensation, 195, 1; of incestuous concubinage, same, 195, m; of civil matrimony, same, 195, n. If a spouse causes grave danger to the other: cause of separation of spouses, 270, d.

Petition of dispensation: who should petition and to whom the petition should be directed, 198-203; what the supplicatory libellus should contain, 204-206; petition of sanation in the root, 255.

Polyandry, 8, II.

Polygamy, 8, III.

Power in dispensing: of the Supreme Pontiff: ambit of power, 180; exercise, 181; competence of the Sacred Congregations, 182. Of the local Ordinary: in the ordinary course of things, 183; in extraordinary circumstances, 185-186; in danger of death, 185; in other urgent cases, 186; delegated, 187. Of the parish priest or priest assisting at matrimony in danger of death, 188; in other urgent cases, 189. Of the confessor: in danger of death, 191; in other urgent cases, 192. Of conceding sanation in the root of matrimony: of the Supreme Pontiff, 254, a; Ordinaries in mission places, b; Legates and local Ordinaries, c.

Pregnancy: canonical cause of dispensation, 195, h.

Liturgical prescriptions, see Liturgical.

Pauline privilege, 12-13.

Procurator in matrimony, 28.

Solemn profession: as diriment impediment, 131-135. See also Vow. Legitimation by the fact itself through solemn profession, 226†, 2.

Prohibiting impediment, 81.

Offspring: sanation in the root for the good of the offspring, 252; duties of parents toward offspring, 261; its care after separation of spouses, 275. See also Legitimacy and legitimation.

Properties of matrimony, 7 and following.

Public matrimony, 3, b.

Public concubinage, 162, 2.

Putative matrimony, 3, c.

Quasi-domicile, 220, 223.

Raptus as diriment impediment: its notion, 136; existence, 137; necessary conditions, 138; cessation, 139.

Reason: its defect as defect of matrimonial consent, 3.

Ratified matrimony, 3.

Ratified and consummated matrimony, 3.

Mixed religion as prohibiting impediment: its notion, 82; existence of the impediment, 83; judgment of the Church concerning mixed matrimonies, 84; dispensation, 85-86; rites in mixed matrimonies, 87; prohibition of approaching a non-Catholic minister as one attached to sacred things, 88; penalties against delinquents, 89.

Religious: Sacred Congregation of Religious, its competence with respect to matrimonial dispensations, 182, b.

Removal of grave scandals: cause of dispensation, 185, p.

Renewal of consent in convalidation of matrimony, see Consent.

Rescript: its clauses to be observed, 209, b; force of its clauses, 210; when and where to be preserved, 209, h, i; of legitimation, 266, b.

Revalidation of matrimony: canonical cause of dispensation, 195, j.

To reveal: obligation of revealing matrimonial impediments, 73.

Romanians: their matrimony after subdiaconate is invalid, 130, d.

Ruthenians: their matrimony after presbyterate is invalid, 130, d; they are bound to observe the form of the decree Ne temere, 229.

Sacred order as diriment impediment, 124-130. See also order.

Sacrament of matrimony: its existence, 2-15; matter, 17-18; form, 19; minister, 20; subject, 21-25. Sacred Congregation of the Discipline of the Sacraments: its competence with respect to dispensation, 182, c.

Sacrilege is incurred by a cleric in sacred orders sinning against chastity even internally, 127; children born from sacrilege, 265, 1.

Cruelties: if they render common life too difficult, they are cause of separation of spouses, 270, c.

Sanation in the root of matrimony: its notion, 252; conditions, 253; competence for concession, 254; petition, 255; execution, 256; how it legitimates offspring, 266, 3.

Grave scandals: their removal: canonical cause of dispensation, 196, p.

Secret matrimony, 3, b.

Sentence: what is to be thought concerning the sentence of perfect civil divorce, 280; what concerning the judge, 281.

Separation of spouses: legitimate cause necessary, 268; causes of total and perpetual separation, 269; total, non-perpetual, 270; from the bed only, 271; by what authority to be made, 272; right of the innocent party of recalling the dismissed party, 273; whether the innocent party is bound to admit the dismissed party again, 274; care of children after separation of spouses, 275; offices of parish priest and confessor, 276.

Simple convalidation, 242, b; 243; vow, see vow.

Simulation in contracting matrimony, 41-45.

Society of Jesus: simple vow of scholastics is a diriment impediment, 132, b; cessation of the impediment, 134, b.

Condemned societies: their adherents with respect to matrimony, 90.

Solemn blessing of matrimony, 232.

Solemn profession, see vow and profession.

Dissolution of ratified non-consummated matrimony, 11; of legitimate matrimony, 12 and following.

Spiritual kinship, see kinship.

Betrothals: their notion, 57; necessary things for their validity, 58; appended condition, 61; effects, 62; dissolution, 63.

Spurious children, 265, 2.

Stock in consanguinity, 148, b.

Subject with respect to matrimony, 220, b.

Subject of the sacrament of matrimony, 21-25.

Subsequent matrimony with respect to legitimation of offspring, 266, 1.

Mayor: with respect to matrimony of those who are held by another legitimate matrimony, 284.

Witnesses in betrothals, 60; in matrimony, conditions for validity, 219; conditions for liceity, 221; qualified, conditions for validity, 217-218; conditions for liceity, 220.

Testicles: their absence or atrophy, 103, 2 and 3.

Testimony: of baptism necessary before proclamation of banns, 65; concerning publications of banns carried out, 75.

Bed: separation from the bed, 271.

Shameful condition appended to matrimonial consent, 48.

Unity of matrimony, 8.

Use of matrimony: duties and rights of spouses in the use of matrimony, 259, b.

Uterus: its absence, 106.

Wife: she becomes participant in the status of the husband concerning canonical effects, 260.

Vagi: their matrimony, 76; assistance at their matrimony, 220.

Vaginal canal: its absence, perfect occlusion, excessive narrowness, 104.

Vaginismus, 104.

Validity of the celebration of matrimony, 216-219.

Valid matrimony, 3, b.

Force of the clauses of the rescript of dispensation, 210.

Vasectomy, 105-106.

Truth of the causes of dispensation, 197.

Cooperating vicars, with respect to assistance at matrimony, 218; assistant vicars, with respect to assistance at matrimony, 218.

Poverty of the widow: canonical cause of dispensation, 195, e.

Violation of betrothal fidelity: cause of dissolution of betrothals, 63, e.

Absence of the male member, 103.

Vow of virginity - prohibiting impediment, 92.

Force and fear: as defect of matrimonial consent, 52-56.

Simple vow is a prohibiting impediment, 91-93; see also profession. Solemn vow is a diriment impediment: its notion, 131; extension, 132; nature, 133; dispensation, 134; penalties against violators, 135.