Front matter — Palmieri, On Christian Marriage
Index (as printed)
Thesis I. Setting aside for a little while the account of sacrament, the notion of matrimony in itself comes back to this: that it is the union of a man and a woman, situated in the mutual moral power over the body of the other for carnal copula and for the undivided society of life. - Page 1
Thesis II. There are several goods of Matrimony, intrinsic to it, each of which also separately can be an end on account of which it is contracted, although some one among them is the primary end. - Page 9
Thesis III. It is not repugnant to the essence of the matrimonial contract that a pact be added to it of preserving perpetual continence; and it can be that in this way the most blessed Mother of God and St. Joseph entered marriage. - Page 17
Thesis IV. Although the use of matrimony is good, nevertheless the state of virginity and celibacy excels it. - Page 28
Thesis V. Although according to the law of nature there is marriage, and it has at times deservedly been commanded by God to some, nevertheless there is not from the law of nature any obligation properly so called laid upon individuals or upon the community of procuring offspring. - Page 33
Thesis VI. Fornication, whether vague, or of one man with one woman, and this either transitory or constant, is prohibited by the law of nature; but even if there is added to it a pact of nourishing and educating offspring, the condition of the thing is not substantially changed. - Page 40
Parergon. At what time the nuptials were celebrated between the Blessed Virgin and St. Joseph. - Page 44
Thesis VII. In the Word of God handed down there is contained the Catholic doctrine that Christian Matrimony is truly and properly a Sacrament. - Page 54
Thesis VIII. By the written Word of God also it is shown that Christian matrimony, by reason of its state, has sanctifying grace joined to it; and that, when it is made, it is also the cause of this grace, is at least strongly persuaded from the words alone of the Scriptures, with the analogy of faith applied. - Page 66
Thesis IX. The arguments which are brought forward against the doctrine asserted in the two preceding theses are empty. - Page 75
Thesis X. In the marriage of Christians, the contract, that is, the marital union, and the sacrament are bound together by an indivisible nexus; these are not two things, but two necessary aspects or formalities of the same thing. Wherefore among Christians the conjunction of a man and a woman, if it is not a sacrament, is not marriage either; and if it is marriage, it is also a sacrament. - Page 78
Thesis XI. The ministers of the sacrament are the contracting parties themselves of matrimony, whose contract, insofar as it is the mutual handing over of power, can be regarded as the proximate matter, and insofar as it is the mutual acceptance of the same, as the form of the sacrament. Moreover, the contract is sacrament only; the grace which is conferred is the thing of the sacrament only; the bond which remains is thing and sacrament at once. - Page 87
Thesis XII. Simultaneous polyandry is illicit by the law of nature and invalid. Successive polyandry and polygamy are licit and honorable in themselves. - Page 104
Thesis XIII. Simultaneous polygamy is illicit by divine law and invalid for Christians. - Page 114
Thesis XIV. Polygamy compared with natural law is not opposed to its first precepts, by which the things that are essential are commanded, but it is opposed to those by which the things that are congruent are urged. - Page 120
Thesis XV. Finally, with regard had to the primitive divine institution, by it certainly a norm and exemplar of monogamy was furnished and its congruity signified; indeed, it also seems that there a law of the same was enacted there for all future marriages, although afterward God dispensed from that law for some time. - Page 125
Thesis XVI. Having distinguished intrinsic and extrinsic indissolubility, we first establish that intrinsic dissolubility permitted simply to the judgment of the spouses for any cause whatever is repugnant to the law of nature, but that a certain determinate intrinsic dissolubility is indeed repugnant to the secondary rights of nature, but not to the primary. - Page 136
Thesis XVII. By Catholic tradition it is established that Christian matrimony, not only consummated but even ratified only, is intrinsically indissoluble also in the case of adultery. - Page 150
Thesis XVIII. The things which are brought forward by adversaries with great apparatus do not diminish the force of the demonstrated Catholic Tradition. - Page 159
Thesis XIX. The same truth is demonstrated by the authority of the Apostle. - Page 179
Thesis XX. In order that we may prepare for ourselves the way to the interpretation of the doctrine handed down by Christ in the Gospels, after stating the variety of certain readings, we lay down first that in the words of Christ in Matthew V. 32 and XIX, and in the parallels of Mark and Luke, there is contained not a counsel but a law that will be valid perpetually, the old covenant having been abrogated; consequently, in these places Christ acted not as interpreter of the Mosaic law but as legislator of the new covenant. We lay down secondly that it is not rightly demanded that the interpretation of the testimonies of Mark and Luke on this matter be required according to the norm of Matthew's words on the ground that the more obscure are to be explained by the clearer, the fewer by the more numerous. - Page 182
Thesis XXI. From the words of Mark and Luke, and from the words of Matthew V. 31, 32 and XIX. 3 ff., we certainly gather the doctrine of Christ concerning the indissolubility of the conjugal bond even in the case of adultery. - Page 187
Thesis XXII. By the very law of the primitive institution, any marriage whatever is generally intrinsically indissoluble. - Page 200
Thesis XXIII. Reason also, well considered, shows how well matrimony is furnished with such indissolubility. - Page 204
Thesis XXIV. As regards extrinsic dissolubility or indissolubility, we teach first that Christian matrimony ratified and consummated cannot be dissolved even extrinsically. - Page 213
Thesis XXV. Ratified matrimony is dissolved extrinsically by religious profession, and then can be dissolved by the authority of the Roman Pontiff. - Page 217
Thesis XXVI. We teach besides that the matrimony of infidels, even consummated, can be dissolved extrinsically when, with one party converted to the faith, the other refuses to cohabit, or not without injury to the Creator or spiritual harm of the faithful party; and then that it can be dissolved extrinsically by the authority of the Roman Pontiff. - Page 229
Thesis XXVII. The Pauline privilege does not pertain only to those who follow the Catholic faith, but to all who have professed the Christian faith by reception of baptism. - Page 240
Preliminary Notes. - Page 245
Thesis XXVIII. In Canon 4 of Trent ("If anyone shall have said that the Church could not constitute impediments diriming marriage, or erred in constituting them, let him be anathema"), by the name of Church are signified not kings and princes of the age, but the sacred principate; and that canon is dogmatic. - Page 250
Thesis XXIX. It is historically established that the Church by its own judgment has established impediments diriming the marriage of Christians. - Page 253
Thesis XXX. To the Church belongs the power of constituting impediments diriming marriage, and this belongs to her by proper right. - Page 272
Thesis XXXI. Although the secular Prince has the right of making laws concerning the conditions and civil effects of matrimony, nevertheless it does not follow that he has the right of making laws concerning Christian matrimony itself. - Page 282
Thesis XXXII. The Church alone can place impediments diriming Christian matrimony; that is, the civil power has no right innate to itself of establishing diriment impediments which affect the bond itself of Christian matrimony. - Page 284
Thesis XXXIII. The arguments which adversaries heap together against the asserted truth, whether from the natures of things, or from history, or from the authority of doctors, are altogether weak. - Page 297
Thesis XXXIV. The power of the Church of constituting impediments for Christian marriage extends not only to Catholics, but in itself also to heretics. - Page 311
Thesis XXXV. The power of dispensing in ecclesiastical diriment impediments belongs to the Roman Pontiff, and to him alone, by proper right. But although the power of dispensing at times in some divine law could belong to him, nevertheless it is not consequent that this power also extends itself to impediments which are of positive divine law or of natural law. The same Roman Pontiff can revalidate matrimony with a dispensation, as they say, in the root; and it is fitting that regard be had to this dispensation also by the secular Prince as to civil effects, although perhaps he is not properly bound to it. - Page 314