Question Three: On Diriment Impediments

S. Th., Suppl., q. 50.

872. In present-day law thirteen diriment impediments are numbered, the fittingness of which matter can be shown thus, conformably to the doctrine of St. Thomas, q. 50:

"For someone can be impeded from contracting matrimony either simply or with respect to some person. If simply, so that he can contract matrimony with no one, this cannot be unless he is impeded from the matrimonial act. And this happens in two ways: first, because he cannot in fact, either because he cannot at all, and thus there is posited the impediment of impotence of coeundi..."; or because he cannot yet fittingly, and thus there is posited the impediment of age; "second, because he cannot licitly, and this according as he is obligated to continence, which happens in two ways: either because he is obligated from an office received, and thus there is the impediment of order; or from a vow emitted, and thus vow impedes. But if someone is impeded from matrimony not simply, but with respect to some person, either this is on account of an obligation to another person, as he who is joined to one in matrimony cannot be joined to another, and thus there is the bond of matrimony; or because proportion to the other person is lacking, and this on account of three things: first, indeed, on account of too great a distance from that person, and thus there is disparity of worship; second, on account of too great a nearness, and thus there is posited a threefold impediment, namely, kinship (whether carnal, spiritual, or legal), then affinity, which imports the nearness of two persons by reason of a third person joined in matrimony, and the justice of public honesty, in which there is nearness of two persons by reason of a third person... joined" illegitimately; "third, on account of an undue conjunction first made with that person, and thus crime impedes, namely of adultery previously committed with that person," or also abduction.