Article II. On The Matter And Form Of The Sacrament Of Matrimony

Since it is certain that in Christian matrimony the sacrament is inseparable from the contract, so that as often as a matrimonial contract is validly entered into between Christians, so often the sacrament of matrimony is present,¹⁸⁷ hence the matter and form of the sacrament of matrimony are the same as the matter and form of the matrimonial contract; or, as Benedict XIV says in the Constitution Paucis of May 19, 1758: "The legitimate contract is at once the matter and form of the sacrament of matrimony."

¹⁸⁷ Cf. above, n. 628.

654. The remote matter of the sacrament of matrimony is the persons of the contracting parties, or, as others will, the mutual right over bodies in order to generation. The reason is that the remote matter of every contract is the thing concerning which the stipulation is made. Now in the matrimonial contract the stipulation is made concerning mutual dominion over bodies in order to generation.¹⁸⁸

The proximate matter is the signs or words insofar as they express the handing over of bodies, or, what is the same: consent insofar as it expresses reciprocal handing over. Thus holds the far more common opinion, which is held, for example, by Billuart,¹⁸⁹ Dominic Soto,¹⁹⁰ Bellarmine,¹⁹¹ Suarez,¹⁹² Christian Pesch,¹⁹³ De Smet,¹⁹⁴ and others. The reason is that in every sacrament the proximate matter is called that which applies the remote matter and which is altogether determined by the form supervening. But this handing over of bodies is the application of the remote matter, namely, of the mutual right over bodies; but it is determined by the form, which is the acceptance of this handing over (as will be said immediately), so that then the whole matrimonial contract is completed.

The form is the mutual acceptance of this handing over externally manifested. Thus again holds the common opinion, which the same cited authors hold. Billuart writes excellently concerning this matter:¹⁹⁵ "The sacrament of matrimony is nothing other than a civil contract elevated to the being of a sacrament, with no change made concerning matter and form. Therefore the matter and form of the sacrament are those of the contract. I subsume: but in civil contracts, and consequently in the matrimonial contract, the handing over of the thing, or consent to the handing over externally expressed, is the matter; the acceptance, or consent to the acceptance externally expressed, is the form. Therefore.... I prove the subsumption: that has the character of matter which is determinable; but that has the character of form which is determinative.... But in every civil contract the handing over is determinable and is completed in the character of a perfect contract through acceptance, which has itself as determinative. Therefore...."

In other sacraments, indeed, matter is distinguished from form, and therefore the Council of Florence defined that the sacraments are perfected by three things, namely: matter, form, and the intention of the minister; but in the sacrament of matrimony these three are not distinguished except according to a formal concept. For the same marital consent, under a diverse aspect, is simultaneously matter, form, and efficient cause. This indeed proceeds from the fact that the sacrament of matrimony alone was instituted by Christ after the manner of a contract. Moreover, in a contract these three can be united in the same person, as if someone hires himself out for service. For in this contract the contracting party himself is simultaneously the matter, form, and efficient cause.

Scholion. On other opinions. Following Melchior Cano, certain men taught that the matter of the sacrament of matrimony is the words expressing consent, but that the form is the blessing of the priest, who is also the minister of this sacrament. This opinion is false, as we shall prove in the following article when there will be discussion of the minister of the sacrament of matrimony. There is no leisure here to speak of other opinions now altogether obsolete concerning this matter.¹⁹⁶

¹⁸⁸ Thus Billuart, De matrimonio, diss. 1, a. 7, and St. Alphonsus, Theol. mor., l. 6, n. 880.

¹⁸⁹ Loc. cit.

¹⁹⁰ IV, dist. 25, q. 2, a. 3.

¹⁹¹ De matrimonio, c. 6.

¹⁹² De sacramentis in genere, disp. 2, sect. 1.

¹⁹³ Prael. dogm., VII, 758.

¹⁹⁴ Loc. cit., n. 109.

¹⁹⁵ Loc. cit.

¹⁹⁶ See Christian Pesch, Prael. dogm., VII, n. 754 ff.