(c) After Ordination.--The nocturn (three Psalms and their antiphons) which the ordaining prelate imposes on the newly ordained subdeacons and deacons should be taken from the first nocturn of the day, whether it be feria, feast or Sunday, unless the bishop appoints otherwise. The three Ma.s.ses of the Holy Ghost, Blessed Virgin, and for the dead, imposed on the newly ordained priests, need not be applied for the bishop"s intention, and a stipend may be taken when they are said; but it is fitting that they be applied in thanksgiving and for the benefit of the bishop as well as of the whole Church on earth and in Purgatory.
These prayers and Ma.s.ses do not seem to oblige under sin, though some hold them to bind _sub gravi_. On the life duties of the clergy, see above (2596 sqq.).
2786. Registration of Ordinations.--As in the case of marriage, ordinations should be registered in a special book and notice of them (if subdiaconate was received) should be sent to the pastor of the parish of Baptism. A certificate of ordination is also to be given to the cleric ordained (Canons 1010, 1011).
2787. The Sacrament of Matrimony.--Marriage in general is defined as "the conjugal union of man and woman, contracted between two qualified persons, which obliges them to one another for life."
(a) The word union may be taken actively for the pa.s.sing act of internal and external consent, and then it refers to marriage in its state of becoming, as it is a contract and (among Christians) a Sacrament; or it may be taken, as it were pa.s.sively, for the bond that results from the mutual consent pledged by the parties, and then it refers to marriage as a permanent state of life.
(b) The marriage union is conjugal; that is, its end is the procreation and rearing of children, or the making of a family, and it therefore gives the right to the natural acts of generation. A contract which has other ends (e.g., a business agreement of labor or of partnership), or which excludes procreation (e.g., an agreement of onanistic concubinage), is not a marriage.
(c) Marriage is between qualified persons, for certain individuals are excluded by natural, divine or human law from making a valid contract of marriage.
(d) Marriage is between two, one man and one woman. This unity of marriage is its first property, resulting from its nature as a relationship intended primarily for the propagation of the race and its proper upbringing, and secondarily for the peace and contentment of the married couple, their mutual a.s.sistance to one another, and their protection against carnal temptations (299). For polyandry is opposed to both these ends, and therefore to natural law, while polygamy does not accord well with the secondary ends of matrimony and is forbidden for all by the law of Christ ("They shall be two in one flesh," Matt., xix. 3 sqq.). On the permission of polygamy in the later Old Testament ages, see 303, 311.
(e) Marriage obliges the parties to one another for life. This indissolubility of marriage is its second property, and also follows from the natural ends of marriage. For the right propagation of the human race is a matter that concerns not merely the married couple or human society, but also G.o.d Himself, who is matrimony"s immediate author and lawgiver, and G.o.d has decreed that marriage be unbreakable except in the few instances allowed by Himself: "What G.o.d hath joined together let no man put asunder" (Matt., xix. 6). Since the good of marriage is inferior to the good of faith, the divine law permits a dissolution of the bond in the case known as the Pauline Privilege (I Cor., vii. 12-15); similarly, in a very few instances where there is a serious good more important than the preservation of the bond (the faith of a convert from infidelity, the observance of the counsel of chast.i.ty, the public welfare), and where the bond itself has not the strength of sacramentality (i.e., in a non-Christian marriage), or has not been consummated in a Christian marriage, the divine law authorizes the Church, the representative of G.o.d, to decree a dissolution (see 363, 314). Not only are these cases few, but the conditions are strict (see Canons 1120-1127), and hence these exceptions are no menace to the ends of marriage. But once consummation has been added to consent in a Christian marriage, thereby perfecting the natural contract and extending the sacramental signification from the mystical and severable union of Christ with the soul by grace to the physical and perpetual union of Christ with the Church by the Incarnation, the indissolubility becomes complete and admits of no exception. The bill of divorce under the Mosaic Law seems to have been a true and complete dissolution of the marriage tie, but there is good reason to think that it was a toleration of the Jewish civil code, not a permission given by G.o.d. The valid marriages of infidels as such are not subject to the judgment of the Church; and the civil authority has no power to dissolve them (even when they are childless), otherwise individuals and the family and the State will suffer, as experience proves.
2788. Distinctions.--(a) In reference to validity, marriage may be true (i.e., validly contracted), or presumed (i.e., taken by the law to be validly contracted on account of some fact, as when the validity of a marriage was not attacked during the lifetime of the parties), putative (i.e., really invalid, but contracted in good faith by at least one of the spouses and not yet known by both to be certainly null), attempted (i.e., contracted invalidly in bad faith, at least one of the parties being aware of an invalidating impediment).
(b) In reference to perfection, marriage is legitimate (when it is validly contracted between non-baptized persons), ratified or sacramental (when it is celebrated between baptized persons), consummated (when the consent given in the contract is subsequently completed by the conjugal act). It seems that marriage lawfully contracted between a baptized and a non-baptized person is not ratified or sacramental, for, as the consent must be mutual, so should the Sacrament be mutual. But a marriage free from substantial defects is always a Sacrament, even though the contractants do not wish this, when it is contracted between Christians, whether they be Catholics or non-Catholics; and a marriage contracted between non-Christians becomes a Sacrament on the Baptism of the parties.
(c) In reference to its manner, marriage may be clandestine (i.e., not celebrated before the pastor and two witnesses), or secret (i.e., celebrated before the pastor and two witnesses pledged to secrecy, and without the publicity the Church ordinarily requires), public (i.e., celebrated before pastor and witnesses and with publicity such as announcement to the people and registration in the usual marriage book). The secret marriage is also known as a marriage of conscience (Canons 1104-1107).
(d) In reference to the law under which it is performed, marriage is either canonical or civil. A purely civil marriage between Catholics is invalid, as far as the bond is concerned, since their contract, as being a Sacrament, is subject to the Church. But the civil marriage, as far as the purely civil consequences are concerned, is a lawful ceremony, and is obligatory if required by law. A morganatic marriage is made between two persons of unequal condition (e.g., between a king and a plebeian woman) on condition that the inferior spouse and progeny shall not share entirely in the t.i.tles and property of the superior spouse.
2789. The Elements of the Contract of Marriage.--(a) The subject-matter of the contract is the conjugal right or the lawful power of exercising with the other party acts suitable for generation.
(b) The ends of the contract are, primarily, the good of the race and of the children, and secondarily the good of the couple through mutual a.s.sistance and protection in spiritual and temporal matters. To these general ends may be added others which a particular person has in view, such as dignity, wealth, honor, lawful pleasure.
(c) The essence of the contract is the consent, for every pact consists in mutual agreement. But if marriage be regarded as a permanent state, its essence is the bond of union, and consent is the efficient cause productive of the bond. Marriage consent must have the qualities (internal, external, mutual, free) that are necessary in every contract, as explained in 1883.
2790. Requirements for Valid Marriage Consent.--(a) Internal Consent.--If both or one of the parties internally and positively wills to exclude marriage, or the right to the conjugal act, or an essential property of marriage, the contract is null, since there is no purpose to contract a real marriage. Similarly, if both or one of the parties negatively (or by lack of all intention) excludes consent, there is no marriage. It should be noted that he who intends to get a divorce later on does not intend a permanent union or marriage, whereas he who intends to be unfaithful or to practise onanism may nevertheless intend to oblige himself to the duties of fidelity and of the lawful use of marriage, and therefore to a true marriage. Fict.i.tious consent, unless a serious reason excuses (e.g., when one is forced under grave fear to marry, when one becomes aware of a diriment impediment at the altar and cannot retire without great scandal), is a mortal sin, as being a lie in a very important matter and an injustice. If the other party was deceived, the party guilty of feigned consent is bound to make reparation for the damage done, and, unless the marriage has become impossible or inadvisable, the means of reparation should be a genuine consent revalidating the marriage. This is especially true when there is a conflict between the internal and the external forums on account of the inability to establish juridically the nullity of the invalid marriage.
(b) External Consent.--Both as contract and as Sacrament, matrimony requires some sensible manifestation of the internal consent. Since the contract of marriage between Christians falls under the jurisdiction of the Church, the manner of expressing the consent is regulated by Canon Law. The solemnities required for valid and lawful marriage will be treated below in 2826, 2827.
(c) Mutual Consent.--Both parties must agree to the marriage, since no one is obliged by a contract without his consent. But mutuality does not imply simultaneity, for, if the previous consent given by one party continues, the subsequent consent given by the other is joined to it and the consent becomes mutual.
(d) Free Consent.--If every contract must be deliberate and voluntary, this is especially true in the case of marriage, since it entails very heavy duties and its obligations are lifelong (cfr. 2195). In marriage there must be full and perfect consent, though it is not necessary that one think expressly on the essentials of the contract when a.s.senting to it.
2791. Defects in Consent.--Consent supposes sufficient knowledge, and hence it may be vitiated by a defect as to knowledge.
(a) Mental Derangement.--Those who are not in possession of their mental faculties cannot marry, whether the derangement be habitual (e.g., idiots, the completely insane, monomaniacs on the subject of marriage) or actual (e.g., infants, those who are completely drunk or doped, the hypnotized or delirious, somnambulists). But defectives who are not unbalanced all the time or on all subjects, may be able now and then to realize the meaning of marriage and to give deliberate consent, though the presumption is against them. Those whose mentality is of a low grade, but who are able to judge and reason correctly (e.g., stupid persons, the deaf and dumb, or blind), and those who have some little fanaticism or eccentricity are not excluded; otherwise very few of either s.e.x could marry.
(b) Ignorance.--Substantial ignorance, or the absence of knowledge about the essentials of marriage (viz., that it is a permanent a.s.sociation of man and woman for the purpose of raising children of their own), makes the contract null, for one does not consent to what one does not know. Accidental ignorance, on the contrary, does not nullify, for he who understands the main facts about marriage can intend to contract it as others do, even though he does not know its details or secondary features. Ignorance invalidates marriage, therefore, if one of the parties does not know that marriage is meant for the procreation of children or that children are procreated by carnal intercourse; but it does not invalidate if the parties are ignorant about physiology or scientific explanations. Substantial ignorance in persons of marriageable age (especially young women) is not uncommon even in these days, but it is not presumed after p.u.b.erty (Canon 1082, 2).
(c) Error.--Error which excludes consent to the essential object of the contract nullifies, and hence a substantial error about the person with whom one is contracting makes marriage of no effect (e.g., if t.i.tus thinks he is marrying Claudia, but is really marrying her twin sister, Semp.r.o.nia; if Balbus intends to marry Caia only on condition that she is a virgin and she is not a virgin; if Julius intends to marry the woman who is present solely as differentiated by a personal or individual characteristic which he mistakenly believes her to have, such as seniority among her sisters). Error which does not prevent essential consent does not nullify the contract. Hence, a mere accidental error about the other party (e.g., t.i.tus marries Claudia, thinking she is rich, whereas she is poor, and he would never have married her had he known her poverty) does not make marriage null, though the Church makes the marriage of no effect when a slave is married in the belief that he or she is free (Canon 1083, 2, n, 2). A mere speculative error about the properties of marriage (e.g., if one believes that marriage may be lawfully dissolved for adultery) or about the validity of one"s own marriage (e.g., if the bride erroneously believes that the marriage she is contracting is null) does not deprive the contract of its force, if there is really a purpose to marry as best one may; for such an error does not act upon the will or take away consent.
2792. Forced Consent.--Consent also supposes self-determination, and hence in certain cases force or fear makes a marriage null and unlawful.
(a) Effect on Validity.--Coercion nullifies marriage from natural law, when overpowering physical might extorts an external a.s.sent, or when moral violence so terrifies as to unsettle the reason; from church law at least, when being grave, external and unjustly caused, it compels one to marry in order to escape the evil it inflicts or threatens. In other cases fear does not void marriage, even though it be the cause of the contract, as when the fear is slight, or when it is induced by shipwreck or by the fear of sin, or when a seducer marries only because he is threatened with prosecution unless he marries the girl whom he seduced.
(b) Effect on Lawfulness.--He who by intimidation impels another to marry, sins gravely if the fear is unjust and grave, or unjust and productive of serious evils; he sins venially if the fear, though unjust, is light and not productive of serious evils; he sins not at all; if the fear is justly caused, unless he offends charity by his manner of acting; revengeful spirit, etc. He who marries knowing that the other party is forced into the contract, is guilty of serious injustice; and he who marries unwillingly, but with the purpose to live as if he were validly married, sins gravely by his will to live in impurity.
2793. Conditional Consent.--Conditional consent is that in which the agreement to marriage is made dependent on some fact or event.
(a) A condition makes marriage invalid if it neutralizes consent (e.g., if the condition is _de praesenti_ but unfulfilled; if it is _de futuro_ and against the substance of marriage; if it is impossible but seriously added); it suspends marriage if it is _de futuro_, possible, and not against the substance of marriage; it neither nullifies nor suspends if it is _de prsenti_ or _de prterito_ and fulfilled. In law the presumption is that _de futuro_ necessary or impossible conditions and shameful conditions are not serious, or are modes rather than conditions (see 1886), and of course in the external forum invalidity on account of a condition has to be proved. Conditions against the substance of marriage are such as deny essential conjugal rights or duties (i.e., the right to have conjugal intercourse, the duty of fidelity to the consort, of loyalty to the bond); but they should not be confused with the purpose to violate marriage engagements, or with a resolution, or a vow, or a pact in the form of a mode, not to make use of the right to conjugal intercourse.
(b) A condition added to marriage consent is gravely sinful, unless there is a very urgent reason for it; otherwise most serious evils would result. Moreover, there is responsibility in justice for culpable damages, as when one party gives consent conditionally without the knowledge or against the will of the other party. A suspensive condition (e.g., "if my parents will consent") is regularly unlawful without the bishop"s permission, and marriage rights may not be used in a marriage dependent on a condition whose fulfillment is not known to the parties. It is unlawful to make a vow or promise of chast.i.ty in the married life unless there is moral certainty that it will be kept.
2794. The Elements of Marriage as a Sacrament.--(a) The matter and form of marriage are found in the contract, for the Sacrament is the natural pact elevated to the dignity of a sacred sign productive of grace. The remote matter is, therefore, the bodies of the spouses, or the bodily rights which they give one another (I Cor., vii. 4). Since the indeterminate part of a contract is the offer or bestowal, and the determinate part the approval, the proximate matter of Matrimony is found in the grant of mutual conjugal rights externally manifested, and the form in the acceptance of that right externally manifested.
(b) The ministers and the recipients of Matrimony are the parties themselves, since it is they alone who make and receive the contract.
In order to be a recipient of the Sacrament it is necessary that a person be baptized and be free from all natural, divine and human impediments that make one incapable of the contract of marriage.
(c) The effects of Matrimony are _per se_ second grace, which increases sanct.i.ty and is of help especially for the due performance throughout life of the duties of the conjugal state and for domestic blessedness and happiness.
2795. Duties in Connection with Marriage.--The duties in reference to marriage as a permanent state of life were treated already in 2613 sqq., and we shall consider here only the duties that have to do with marriage as a contract and a Sacrament. These duties can be arranged under three heads: (a) before marriage, there are obligations in reference to the preparation for marriage, which consists remotely in engagement or espousals, and proximately in compliance with duties owed to divine, ecclesiastical, and civil law (e.g., license from the State, establishment of freedom to marry, proclamation of banns, dispensations, confession); (b) during marriage, in addition to the common obligations of intention and a state of grace, there are special duties in reference to the external form or rite of marriage; (c) after marriage, there is a duty of making canonical records and of validating defective marriages.
2796. Betrothal or Engagement.--Engagement is a promise of their future marriage made by competent persons.
(a) It is a promise, either unilateral or bilateral, the latter being espousals or betrothal in the strict sense of the word (1749). Like every promise, engagement is not binding unless it be made with requisite deliberation and freedom from force and fear. But a valid engagement to marry has not the same strength, either from divine or from human law, as a contract of marriage, and hence fraud or light fear unjustly produced and which induces one to become engaged leaves the engagement rescindable at the will of the innocent party. Canon Law requires certain formalities for a valid engagement, and without them there is no obligation in either forum. The law is that the contract of betrothal be in writing, and be signed by the parties and also by the pastor or local Ordinary or two witnesses, and that, if one or both of the parties be unable to write, this be noted in the doc.u.ment and an extra witness be added (Canon 1017).
(b) It is a promise made by competent persons. Hence, there is no valid engagement if a party is incapable either naturally (e.g., one who has not the use of reason) or canonically (e.g., one who has not attained the age of seven years). It is against good morals to be engaged to two persons at the same time, with the understanding that one will marry the second after the expected death of the first; and much more is it immoral for a married person to become engaged to marry another, the marriage to take place after the death of the present consort. Some canonists hold that engagements are not valid before the age of p.u.b.erty, on account of the lack of sufficient discretion.
(c) It is a promise of future marriage, that is, a contract to marry, not a contract of marriage. A nuptial engagement is invalid if the marriage promised is invalid or unlawful, for no one can bind himself to sin. An invalid marriage is promised if there is a diriment and not dispensable impediment in the way, or if in spite of a removable impediment the engagement is unconditional, unless the mind of the parties is to marry after the impediment has ceased. The Church seems to regard as null an engagement made on the condition that the Pope will dispense an impediment. An unlawful marriage is promised when the parties cannot marry without sin (e.g., when the marriage will bring great sorrow or disgrace on parents), or when they promise to marry in a sinful way (e.g., with the understanding that they will abuse marriage). But an unlawful promise of a lawful marriage is not necessarily invalid, and hence an engagement dependent on an immoral condition not opposed to the substance of marriage would become obligatory on fulfillment of the condition (see 1878 d, 1886).
2797. It should be noted that the former diriment and impedient impediments produced by espousals are no longer in force, and even a valid engagement gives no right to an action for the celebration of marriage.
2798. Is an Engagement Necessary before Marriage?--(a) An engagement is not strictly necessary. Neither the validity nor the lawfulness of marriage depends on espousals, for there is no law that requires this.
Hence, if for a reasonable cause a man and woman married without any previous binding pledge on either side, the marriage would be good and lawful. The formal engagements of Canon Law are not common in this country, but an informal engagement usually precedes matrimony.
(b) Engagement is most suitable and useful. Men are accustomed to fit themselves by long and serious study for the business of a profession or calling, and to enter into preliminary agreements about contracts of major importance (as in contracts to sell), and certainly marriage, a contract and vocation that binds until death and upon which the spiritual and temporal welfare of society and individuals rests, is among the most momentous of human agreements. The special advantage of engagement is that it affords a means of preventing hasty and ill-advised unions, of discovering impediments, of securing the consent of parents, and of preparing oneself in knowledge and virtue for the duties of the married state. If engagements were regarded and treated as a period of training for serious and sacred duties, not as a time for frivolity or enjoyment, there would be fewer divorces and less talk about trial marriages. On the duties of engaged persons to one another, see 2628, 2629.
2799. Duties to Parents or Guardians in Reference to Marriage.--(a) There is, _per se_, a duty of consulting with one"s parents about one"s marriage; for he who marries without their knowledge, generally exposes himself to the danger of making a serious mistake, and moreover as a rule the interests of parents themselves are bound up intimately with the marriages of their children. Hence, unless a very serious reason excuses, he who marries without advising with his parents sins grievously by his rashness or want of filial affection. The same is true, if a child wilfully disregards the wishes of his parents by stubbornly marrying when for a good reason they disapprove. If their opposition is imperative and emphatic, or if they are grief-stricken at thought of the imprudent marriage, the sin is serious; but if their opposition is mild and the match not a very bad one, the sin is venial.
The consent or counsel of parents is not necessary for validity, however, since it is not they who are getting married, and no law makes their consent or counsel an essential part of the compact. _Per accidens_, their consent or counsel is not even necessary for lawfulness, as when the children live far away from their parents, or when marriage has to be contracted without delay, or when the parents are unreasonable in their opposition.
(b) There is, _per se_, no duty of obeying one"s parents in the matter of marriage: first, because marriage supposes choice, admiration, and love, and these do not submit to dictation, even from parents; next, because in things that pertain to nature, such as self-preservation and procreation, children are not subject to their parents; finally, because the authority of parents does not extend to the whole lifetime of their children and marriage is a lifelong union. Hence, parents may not compel their children to marry or to remain single; they may not make the match for their children against the latters" will, they may not force a child to marry a person whom he or she detests, they may not veto a marriage that does not appeal to them if the son or daughter has good reasons for it. Those parents sin, then, who refuse their blessing to a marriage out of selfishness, and those parents sin gravely who force their children into loveless unions and so make them unhappy in this world and endanger their salvation for the world to come. _Per accidens_, there is a duty of obeying parents in reference to marriage when one is obliged even apart from their command to do what they prescribe, when the marriage which they forbid is also forbidden by law (e.g., if the child is needed at home to support his indigent parents, if the mate selected will bring disgrace upon the family and the match can easily be broken off), or when the marriage which they require is also demanded by duty (e.g., if a son will surely enter upon a wild and reckless life unless he marries). See above, 2228, 2627, 2633, 2636, 2347, 2348, 2361 sqq.
2800. Duties of Parents in Reference to Marriage.--(a) If there is question of the marriage of a child, parents should guide themselves by the rule of St. Paul: "Let her marry whom she will, only in the Lord"
(I Cor., vii. 39). Undue pressure should be avoided, but bad marriages should be opposed, and parents should a.s.sist their children to marry well. (b) If there is question of a parent"s second marriage, the children"s interests should be considered in making the choice of the step-father or step-mother, and, if the children are grown up, they should be consulted, or at least they should not be unreasonably saddened or harmed by the new marriage.
2801. Obstacles to Marriage.--Since marriage is a most important contract and a Sacrament, it is necessary to ascertain beforehand with moral certainty that there is no obstacle to its valid and lawful celebration. This imposes duties on the pastor, the couple themselves, and the faithful who know them.
(a) The pastor in virtue of his office is gravely obliged to make inquiries about the competency and fitness of the prospective husband and wife, and even in a death-bed marriage the obligation does not cease. Church law prescribes the method of inquiry, which should include an examination and instruction of the couple and a publication of the marriage. Of course, there is an obligation of confidential secrecy.
(b) The couple are bound to present themselves to the pastor within a reasonable time before the marriage in order to make these arrangements, and should bring with them the necessary papers (for example, their baptismal certificates, license to marry, testimonials).
They are gravely obliged to make known either to the pastor or to the confessor any impediment, even though it be of a secret and culpable nature, in order that their marriage may be valid and lawful, unless they wish to give up the marriage or seek a dispensation in some other way.
(c) The people who know of an impediment to a marriage are bound under pain of mortal sin to make it known in time to the pastor or Ordinary; for the natural and divine laws, as well as the law of the Church, hold one to speak when this will prevent irreverence to the Sacrament of Matrimony, sin and other serious evils to the neighbor. The obligation ceases, however, when the revelation is either impossible or useless.
Cases of impossibility are those in which revelation will cause great spiritual harm (e.g., public scandal), or great temporal harm of a public kind (e.g., violation of professional secret), or a great temporal harm of a private kind (e.g., persecution), unless a more serious evil will result from concealment. Revelation is useless when the marriage can be stopped or made legal in some other way (e.g., by persuading the couple to break their engagement or get a dispensation), or when one foresees that the revelation will have no effect.