Section II. On the Division of Matrimony

Matrimony is chiefly divided:

I. Into valid or true, and invalid. Invalid matrimony is called putative if it has been celebrated in good faith by at least one party, until each party becomes certain of its nullity (canon 1015, § 4).¹

II. Into legitimate, ratified, and ratified and consummated.

1. Legitimate is called: valid matrimony between non-baptized persons (canon 1015, § 3).

2. Ratified is: valid matrimony between baptized persons, not yet completed by consummation (canon 1015, § 1).² Under the name of ratified matrimony also seems to come matrimony validly contracted between non-baptized persons and persisting after the baptism of both spouses. But in canon law there does not seem to come under the name of ratified matrimony a matrimony validly contracted either between a baptized party and a non-baptized party, or between non-baptized parties of whom only one is baptized. Whether the said marriages are or are not a sacrament does not seem to matter, because it is a question of a canonical notion rather than of a theological fact.

3. Ratified and consummated is called valid matrimony between baptized persons if between the spouses there has taken place the conjugal act to which the matrimonial contract by its nature is ordered, and by which spouses become one flesh (canon 1015, § 1). But that the notion of consummation may be more fully developed, I note these things:

a) Only valid matrimony can be consummated, or consummation presupposes valid matrimony.

b) Matrimony is certainly consummated by intercourse, that is, by penetration, whether perfect or partial, of the female vessel together with effusion of seed in it.

c) It is disputed whether matrimony is consummated if male seed is deposited at the vulva and is received within the female vessel. Some affirm, especially if offspring arises, because in this way the spouses are made one flesh. But it seems that it must be denied altogether, because consummation is made by the conjugal act to which the conjugal contract is by its nature ordered; but an act of this kind is lacking in the posited hypothesis, since an act from which generation does not follow except accidentally, of which sort is the depositing of seed at the vulva, cannot be called the conjugal act to which the conjugal contract is by its nature ordered; in a word, there is lacking an act of itself apt for generation (St. Thomas, In IV, dist. 41, q. un., a. 1, sol. 4, ad 2).

d) A fortiori matrimony is not consummated if seed is introduced into the vagina merely by chance, for example on the occasion of pollution, or by means of artificial fecundation, as it is called.

e) Once matrimony has been celebrated, if the spouses have cohabited together, consummation is presumed until the contrary is proved (canon 1015, § 2).

III. Into public and secret, or of conscience. Public is that which is celebrated "in the face of the Church," as it is said, or with the usual publicity. Secret or of conscience is that which is celebrated with announcements omitted and secretly, according to the norm of canons 1105-1107 (canon 1104), about which it will be said later. Note also clandestine matrimony, as it was formerly called, that is, matrimony which was contracted without the legitimate form being employed, or without pastor and witnesses. Nowadays matrimony of this kind cannot be contracted validly except among non-Catholics (canon 1099, § 2).

IV. Into ecclesiastical and civil. Ecclesiastical is that which is entered according to ecclesiastical laws; civil, that which is contracted according to civil laws. The latter is called merely civil if ecclesiastical matrimony is entirely neglected.

Finally, and this it helps to note for completeness, morganatic matrimony is called that which a noble man contracts with a person of inferior condition, by this pact: that the wife and offspring to be received from her receive only a certain part from the goods of the man, and are excluded from the other goods and from the titles and dignities of the man. Matrimony of this kind especially had place among the Germans; it was called, as it seems, ad morganaticam, on account of the portion of goods which was granted to the wife on the second day of the marriage, and which in German is called Morgengabe.³

¹ The Code does not speak of matrimony which was formerly called presumed; hence it is judged already to have vanished.

² Ratified is said, that is, ratified or confirmed by the sacrament (chapter 7 De divortiis; St. Thomas, Supplement, q. 59, a. 5, ad 1).

³ Cf. Staatslexikon, s.v. Ebenburtigkeit.