Whether seven years is fittingly assigned as the age for betrothal?

Objection 1. It would seem that seven years is not fittingly assigned as the age for betrothal. For a contract that can be formed by others does not require discretion in those whom it concerns. Now a betrothal can be arranged by the parents without the knowledge of either of the persons betrothed. Therefore a betrothal can be arranged before the age of seven years as well as after.

Objection 2. Further, just as some use of reason is necessary for the contract of betrothal, so is there for the consent to mortal sin. Now, as Gregory says (Dial. iv), a boy of five years of age was carried off by the devil on account of the sin of blasphemy. Therefore a betrothal can take place before the age of seven years.

Objection 3. Further, a betrothal is directed to marriage. But for marriage the same age is not assigned to boy and girl.

Objection 4. Further, one can become betrothed as soon as future marriage can be agreeable to one. Now signs of this agreeableness are often apparent in boys before the age of seven. Therefore they can become betrothed before that age.

Objection 5. Further, if persons become betrothed before they are seven years old, and subsequently after the age of seven and before the age of maturity renew their promise in words expressive of the present, they are reckoned to be betrothed. Now this is not by virtue of the second contract, since they intend to contract not betrothal but marriage. Therefore it is by the virtue of the first; and thus espousals can be contracted before the age of seven.

Objection 6. Further, when a thing is done by many persons in common, if one fails he is supplied by another, as in the case of those who row a boat. Now the contract of betrothal is an action common to the contracting parties. Therefore if one be of mature age, he can contract a betrothal with a girl who is not seven years old, since the lack of age in one is more than counterbalanced in the other.

Objection 7. Further, those who at about the age of puberty, but before it, enter into the marriage contract by words expressive of the present are reputed to be married. Therefore in like manner if they contract marriage by words expressive of the future, before yet close on the age of puberty, they are to be reputed as betrothed.

I answer that, The age of seven years is fixed reasonably enough by law for the contracting of betrothals, for since a betrothal is a promise of the future, as already stated (Article 1), it follows that they are within the competency of those who can make a promise in some way, and this is only for those who can have some foresight of the future, and this requires the use of reason, of which three degrees are to be observed, according to the Philosopher (Ethic. i, 4). The first is when a person neither understands by himself nor is able to learn from another; the second stage is when a man can learn from another but is incapable by himself of consideration and understanding; the third degree is when a man is both able to learn from another and to consider by himself. And since reason develops in man by little and little, in proportion as the movement and fluctuation of the humors is calmed, man reaches the first stage of reason before his seventh year; and consequently during that period he is unfit for any contract, and therefore for betrothal. But he begins to reach the second stage at the end of his first seven years, wherefore children at that age are sent to school. But man begins to reach the third stage at the end of his second seven years, as regards things concerning his person, when his natural reason develops; but as regards things outside his person, at the end of his third seven years. Hence before his first seven years a man is not fit to make any contract, but at the end of that period he begins to be fit to make certain promises for the future, especially about those things to which natural reason inclines us more, though he is not fit to bind himself by a perpetual obligation, because as yet he has not a firm will. Hence at that age betrothals can be contracted. But at the end of the second seven years he can already bind himself in matters concerning his person, either to religion or to wedlock. And after the third seven years he can bind himself in other matters also; and according to the laws he is given the power of disposing of his property after his twenty-second year.

Reply to Objection 1. If the parties are betrothed by another person before they reach the age of puberty, either of them or both can demur; wherefore in that case the betrothal does not take effect, so that neither does any affinity result therefrom. Hence a betrothal made between certain persons by some other takes effect, in so far as those between whom the betrothal is arranged do not demur when they reach the proper age, whence they are understood to consent to what others have done.

Reply to Objection 2. Some say that the boy of whom Gregory tells this story was not lost, and that he did not sin mortally; and that this vision was for the purpose of making the father sorrowful, for he had sinned in the boy through failing to correct him. But this is contrary to the express intention of Gregory, who says (Dial. iv) that "the boy's father having neglected the soul of his little son, fostered no little sinner for the flames of hell." Consequently it must be said that for a mortal sin it is sufficient to give consent to something present, whereas in a betrothal the consent is to something future; and greater discretion of reason is required for looking to the future than for consenting to one present act. Wherefore a man can sin mortally before he can bind himself to a future obligation.

Reply to Objection 3. Regarding the age for the marriage contract a disposition is required not only on the part of the use of reason, but also on the part of the body, in that it is necessary to be of an age adapted to procreation. And since a girl becomes apt for the act of procreation in her twelfth year, and a boy at the end of his second seven years, as the Philosopher says (De Hist. Anim. vii), whereas the age is the same in both for attaining the use of reason which is the sole condition for betrothal, hence it is that the one age is assigned for both as regards betrothal, but not as regards marriage.

Reply to Objection 4. This agreeableness in regard to boys under the age of seven does not result from the perfect use of reason, since they are not as yet possessed of complete self-control; it results rather from the movement of nature than from any process of reason. Consequently, this agreeableness does not suffice for contracting a betrothal.

Reply to Objection 5. In this case, although the second contract does not amount to marriage, nevertheless the parties show that they ratify their former promise; wherefore the first contract is confirmed by the second.

Reply to Objection 6. Those who row a boat act by way of one cause, and consequently what is lacking in one can be supplied by another. But those who make a contract of betrothal act as distinct persons, since a betrothal can only be between two parties; wherefore it is necessary for each to be qualified to contract, and thus the defect of one is an obstacle to their betrothal, nor can it be supplied by the other.

Reply to Objection 7. It is true that in the matter of betrothal if the contracting parties are close upon the age of seven, the contract of betrothal is valid, since, according to the Philosopher (Phys. ii, 56), "when little is lacking it seems as though nothing were lacking." Some fix the margin at six months. but it is better to determine it according to the condition of the contracting parties, since the use of reason comes sooner to some than to others.


Whether a betrothal can be dissolved?

Objection 1. It would seem that a betrothal cannot be dissolved if one of the parties enter religion. For if I have promised a thing to someone I cannot lawfully pledge it to someone else. Now he who betroths himself promises his body to the woman. Therefore he cannot make a further offering of himself to God in religion.

Objection 2. Again, seemingly it should not be dissolved when one of the parties leaves for a distant country, because in doubtful matters one should always choose the safer course. Now the safer course would be to wait for him. Therefore she is bound to wait for him.

Objection 3. Again, neither seemingly is it dissolved by sickness contracted after betrothal, for no man should be punished for being under a penalty. Now the man who contracts an infirmity would be punished if he were to lose his right to the woman betrothed to him. Therefore a betrothal should not be dissolved on account of a bodily infirmity.

Objection 4. Again, neither seemingly should a betrothal be dissolved on account of a supervening affinity, for instance if the spouse were to commit fornication with a kinswoman of his betrothed; for in that case the affianced bride would be penalized for the sin of her affianced spouse, which is unreasonable.

Objection 5. Again, seemingly they cannot set one another free; for it would be a proof of greatest fickleness if they contracted together and then set one another free; and such conduct ought not to be tolerated by the Church. Therefore, etc.

Objection 6. Again, neither seemingly ought a betrothal to be dissolved on account of the fornication of one of the parties. For a betrothal does not yet give the one power over the body of the other; wherefore it would seem that they nowise sin against one another if meanwhile they commit fornication. Consequently a betrothal should not be dissolved on that account.

Objection 7. Again, neither seemingly on account of his contracting with another woman by words expressive of the present. For a subsequent sale does not void a previous sale. Therefore neither should a second contract void a previous one.

Objection 8. Again, neither seemingly should it be dissolved on account of deficient age; since what is not cannot be dissolved. Now a betrothal is null before the requisite age. Therefore it cannot be dissolved.

I answer that, In all the cases mentioned above the betrothal that has been contracted is dissolved, but in different ways. For in two of them—namely when a party enters religion, and when either of the affianced spouses contracts with another party by words expressive of the present—the betrothal is dissolved by law, whereas in the other cases it has to be dissolved according to the judgment of the Church.

Reply to Objection 1. The like promise is dissolved by spiritual death, for that promise is purely spiritual, as we shall state further on (Supplement:61:2.

Reply to Objection 2. This doubt is solved by either party not putting in an appearance at the time fixed for completing the marriage. Wherefore if it was no fault of that party that the marriage was not completed, he or she can lawfully marry without any sin. But if he or she was responsible for the non-completion of the marriage, this responsibility involves the obligation of doing penance for the broken promise—or oath if the promise was confirmed by oath—and he or she can contract with another if they wish it, subject to the judgment of the Church.

Reply to Objection 3. If either of the betrothed parties incur an infirmity which notably weakens the subject (as epilepsy or paralysis), or causes a deformity (as loss of the nose or eyes, and the like), or is contrary to the good of the offspring (as leprosy, which is wont to be transmitted to the children), the betrothal can be dissolved, lest the betrothed be displeasing to one another, and the marriage thus contracted have an evil result. Nor is one punished for being under a penalty, although one incurs a loss from one's penalty, and this is not unreasonable.

Reply to Objection 4. If the affianced bridegroom has carnal knowledge of a kinswoman of his spouse, or "vice versa," the betrothal must be dissolved; and for proof it is sufficient that the fact be the common talk, in order to avoid scandal; for causes whose effects mature in the future are voided of their effects, not only by what actually is, but also by what happens subsequently. Hence just as affinity, had it existed at the time of the betrothal, would have prevented that contract, so, if it supervene before marriage, which is an effect of the betrothal, the previous contract is voided of its effect. Nor does the other party suffer in consequence, indeed he or she gains, being set free from one who has become hateful to God by committing fornication.

Reply to Objection 5. Some do not admit this case. Yet they have against them the Decretal (cap. Praeterea, De spons. et matr.) which says expressly: "Just as those who enter into a contract of fellowship by pledging their faith to one another and afterwards give it back, so it may be patiently tolerated that those who are betrothed to one another should set one another free." Yet to this they say that the Church allows this lest worse happen rather than because it is according to strict law. But this does not seem to agree with the example quoted by the Decretal.

Accordingly we must reply that it is not always a proof of fickleness to rescind an agreement, since "our counsels are uncertain" (Wisdom 9:14).

Reply to Objection 6. Although when they become betrothed they have not yet given one another power over one another's body, yet if this [Referring to the contention of the Objection] were to happen it would make them suspicious of one another's fidelity; and so one can ensure himself against the other by breaking off the engagement.

Reply to Objection 7. This argument would hold if each contract were of the same kind; whereas the second contract of marriage has greater force than the first, and consequently dissolves it.

Reply to Objection 8. Although it was not a true betrothal, there was a betrothal of a kind; and consequently, lest approval should seem to be given when they come to the lawful age, they should seek a dissolution of the betrothal by the judgment of the Church, for the sake of a good example.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether matrimony is a kind of joining?

Objection 1. It would seem that matrimony is not a kind of joining. Because the bond whereby things are tied together differs from their joining, as cause from effect. Now matrimony is the bond whereby those who are joined in matrimony are tied together. Therefore it is not a kind of joining.

Objection 2. Further, every sacrament is a sensible sign. But no relation is a sensible accident. Therefore since matrimony is a sacrament, it is not a kind of relation, and consequently neither is it a kind of joining.

Objection 3. Further, a joining is a relation of equiparance as well as of equality. Now according to Avicenna the relation of equality is not identically the same in each extreme. Neither therefore is there an identically same joining; and consequently if matrimony is a kind of joining, there is not only one matrimony between man and wife.

On the contrary, It is by relation that things are related to one another. Now by matrimony certain things are related to one another; for the husband is the wife's husband, and the wife is the husband's wife. Therefore matrimony is a kind of relation, nor is it other than a joining.

Further, the union of two things into one can result only from their being joined. Now such is the effect of matrimony (Genesis 2:24): "They shall be two in one flesh." Therefore matrimony is a kind of joining.

I answer that, A joining denotes a kind of uniting, and so wherever things are united there must be a joining. Now things directed to one purpose are said to be united in their direction thereto, thus many men are united in following one military calling or in pursuing one business, in relation to which they are called fellow-soldiers or business partners. Hence, since by marriage certain persons are directed to one begetting and upbringing of children, and again to one family life, it is clear that in matrimony there is a joining in respect of which we speak of husband and wife; and this joining, through being directed to some one thing, is matrimony; while the joining together of bodies and minds is a result of matrimony.

Reply to Objection 1. Matrimony is the bond by which they are tied formally, not effectively, and so it need not be distinct from the joining.

Reply to Objection 2. Although relation is not itself a sensible accident, its causes may be sensible. Nor is it necessary in a sacrament for that which is both reality and sacrament [Cf. III:66:1] to be sensible (for such is the relation of the aforesaid joining to this sacrament), whereas the words expressive of consent, which are sacrament only and are the cause of that same joining, are sensible.

Reply to Objection 3. A relation is founded on something as its cause—for instance likeness is founded on quality—and on something as its subject—for instance in the things themselves that are like; and on either hand we may find unity and diversity of relation. Since then it is not the same identical quality that conduces to likeness, but the same specific quality in each of the like subjects, and since, moreover, the subjects of likeness are two in number, and the same applies to equality, it follows that both equality and likeness are in every way numerically distinct in either of the like or equal subjects. But the relations of matrimony, on the one hand, have unity in both extremes, namely on the part of the cause, since it is directed to the one identical begetting; whereas on the part of the subject there is numerical diversity. The fact of this relation having a diversity of subjects is signified by the terms "husband" and "wife," while its unity is denoted by its being called matrimony.


Whether matrimony is fittingly named?

Objection 1. It would seem that matrimony is unfittingly named. Because a thing should be named after that which ranks higher. But the father ranks above the mother. Therefore the union of father and mother should rather be named after the father.

Objection 2. Further, a thing should be named from that which is essential to it, since a "definition expresses the nature signified by a name" (Metaph. iv, 28). Now nuptials are not essential to matrimony. Therefore matrimony should not be called nuptials.

Objection 3. Further, a species cannot take its proper name from that which belongs to the genus. Now a joining [conjunctio] is the genus of matrimony. Therefore it should not be called a conjugal union.

On the contrary, stands the common use of speech.

I answer that, Three things may be considered in matrimony. First, its essence, which is a joining together, and in reference to this it is called the "conjugal union"; secondly, its cause, which is the wedding, and in reference to this it is called the "nuptial union" from "nubo" [The original meaning of 'nubo' is 'to veil'], because at the wedding ceremony, whereby the marriage is completed, the heads of those who are wedded are covered with a veil [This is still done in some countries]; thirdly, the effect, which is the offspring, and in reference to this it is called "matrimony," as Augustine says (Contra Faust. xix, 26), because "a woman's sole purpose in marrying should be motherhood." Matrimony may also be resolved into "matris munium" [i.e. munus], i.e. a mother's duty, since the duty of bringing up the children chiefly devolves on the women; or into "matrem muniens," because it provides the mother with a protector and support in the person of her husband; or into "matrem monens," as admonishing her not to leave her husband and take up with another man; or into "materia unius," because it is a joining together for the purpose of providing the matter of one offspring as though it were derived from monos and "materia"; or into "matre" and "nato," as Isidore says (Etym. ix), because it makes a woman the mother of a child.

Reply to Objection 1. Although the father ranks above the mother, the mother has more to do with the offspring than the father has. or we may say that woman was made chiefly in order to be man's helpmate in relation to the offspring, whereas the man was not made for this purpose. Wherefore the mother has a closer relation to the nature of marriage than the father has.

Reply to Objection 2. Sometimes essentials are known by accidentals, wherefore some things can be named even after their accidentals, since a name is given to a thing for the purpose that it may become known.

Reply to Objection 3. Sometimes a species is named after something pertaining to the genus on account of an imperfection in the species, when namely it has the generic nature completely, yet adds nothing pertaining to dignity; thus the accidental property retains the name of property, which is common to it and to the definition. Sometimes, however, it is on account of a perfection, when we find the generic nature completely in one species and not in another; thus animal is named from soul [anima], and this belongs to an animate body, which is the genus of animal; yet animation is not found perfectly in those animate beings that are not animals. It is thus with the case in point. for the joining of husband and wife by matrimony is the greatest of all joinings, since it is a joining of soul and body, wherefore it is called a "conjugal" union.


Whether matrimony is fittingly defined in the text?

Objection 1. It would seem that matrimony is unfittingly defined in the text* (Sent. iv, D, 27). [The definition alluded to is as follows: "Marriage is the marital union of man and woman involving living together in undivided partnership."] For it is necessary to mention matrimony in defining a husband, since it is the husband who is joined to the woman in matrimony. Now "marital union" is put in the definition of matrimony. Therefore in these definitions there would seem to be a vicious circle.

Objection 2. Further, matrimony makes the woman the man's wife no less than it makes the man the woman's husband. Therefore it should not be described as a "marital union" rather than an uxorial union.

Objection 3. Further, habit [consuetudo] pertains to morals. Yet it often happens that married persons differ very much in habit. Therefore the words "involving their living together [consuetudinem] in undivided partnership" should have no place in the definition of matrimony.

Objection 4. Further, we find other definitions given of matrimony, for according to Hugh (Sum. Sent. vii, 6), "matrimony is the lawful consent of two apt persons to be joined together." Also, according to some, "matrimony is the fellowship of a common life and a community regulated by Divine and human law"; and we ask how these definitions differ.

I answer that, As stated above (Article 2), three things are to be considered in matrimony, namely its cause, its essence, and its effect; and accordingly we find three definitions given of matrimony. For the definition of Hugh indicates the cause, namely the consent, and this definition is self-evident. The definition given in the text indicates the essence of matrimony, namely the "union," and adds determinate subjects by the words "between lawful persons." It also points to the difference of the contracting parties in reference to the species, by the word "marital," for since matrimony is a joining together for the purpose of some one thing, this joining together is specified by the purpose to which it is directed, and this is what pertains to the husband [maritum]. It also indicates the force of this joining—for it is indissoluble—by the words "involving," etc.

The remaining definition indicates the effect to which matrimony is directed, namely the common life in family matters. And since every community is regulated by some law, the code according to which this community is directed, namely Divine and human law, finds a place in this definition. while other communities, such as those of traders or soldiers, are established by human law alone.

Reply to Objection 1. Sometimes the prior things from which a definition ought to be given are not known to us, and consequently certain things are defined from things that are posterior simply, but prior to us; thus in the definition of quality the Philosopher employs the word "such" [quale] when he says (Cap. De Qualitate) that "quality is that whereby we are said to be such." Thus, too, in defining matrimony we say that it is a "marital union," by which we mean that matrimony is a union for the purpose of those things required by the marital office, all of which could not be expressed in one word.

Reply to Objection 2. As stated (Article 2), this difference indicates the end of the union. And since, according to the Apostle (1 Corinthians 11:9), the "man is not [Vulgate: 'was not created'] for the woman, but the woman for the man," it follows that this difference should be indicated in reference to the man rather than the woman.

Reply to Objection 3. Just as the civic life denotes not the individual act of this or that one, but the things that concern the common action of the citizens, so the conjugal life is nothing else than a particular kind of companionship pertaining to that common action. wherefore as regards this same life the partnership of married persons is always indivisible, although it is divisible as regards the act belonging to each party.

The Reply to the Fourth Objection is clear from what has been said above.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether consent is the efficient cause of matrimony?

Objection 1. It would seem that consent is not the efficient cause of matrimony. For the sacraments depend not on the human will but on the Divine institution, as shown above (Sent. iv, D, 2; III, 64, 2). But consent belongs to the human will. Therefore it is no more the cause of matrimony than of the other sacraments.

Objection 2. Further, nothing is its own cause. But seemingly matrimony is nothing else than the consent, since it is the consent which signifies the union of Christ with the Church.

Objection 3. Further, of one thing there should be one cause. Now there is one marriage between two persons, as stated above (Supplement:44:1); whereas the consents of the two parties are distinct, for they are given by different persons and to different things, since on the one hand there is consent to take a husband, and on the other hand consent to take a wife. Therefore mutual consent is not the cause of matrimony.

On the contrary, Chrysostom [Hom. xxxii in the Opus Imperfectum, falsely ascribed to St. John Chrysostom] says: "It is not coition but consent that makes a marriage."

Further, one person does not receive power over that which is at the free disposal of another, without the latter's consent. Now by marriage each of the married parties receives power over the other's body (1 Corinthians 7:4), whereas hitherto each had free power over his own body. Therefore consent makes a marriage.

I answer that, In every sacrament there is a spiritual operation by means of a material operation which signifies it; thus in Baptism the inward spiritual cleansing is effected by a bodily cleansing. Wherefore, since in matrimony there is a kind of spiritual joining together, in so far as matrimony is a sacrament, and a certain material joining together, in so far as it is directed to an office of nature and of civil life, it follows that the spiritual joining is the effect of the Divine power by means of the material joining. Therefore seeing that the joinings of material contracts are effected by mutual consent, it follows that the joining together of marriage is effected in the same way.

Reply to Objection 1. The first cause of the sacraments is the Divine power which works in them the welfare of the soul; but the second or instrumental causes are material operations deriving their efficacy from the Divine institution, and thus consent is the cause in matrimony.

Reply to Objection 2. Matrimony is not the consent itself, but the union of persons directed to one purpose, as stated above (Supplement:44:1), and this union is the effect of the consent. Moreover, the consent, properly speaking, signifies not the union of Christ with the Church, but His will whereby His union with the Church was brought about.

Reply to Objection 3. Just as marriage is one on the part of the object to which the union is directed, whereas it is more than one on the part of the persons united, so too the consent is one on the part of the thing consented to, namely the aforesaid union, whereas it is more than one on the part of the persons consenting. Nor is the direct object of consent a husband but union with a husband on the part of the wife, even as it is union with a wife on the part of the husband.


Whether the consent needs to be expressed in words?

Objection 1. It would seem that there is no need for the consent to be expressed in words. For a man is brought under another's power by a vow just as he is by matrimony. Now a vow is binding in God's sight, even though it be not expressed in words. Therefore consent also makes a marriage binding even without being expressed in words.

Objection 2. Further, there can be marriage between persons who are unable to express their mutual consent in words, through being dumb or of different languages. Therefore expression of the consent by words is not required for matrimony.

Objection 3. Further, if that which is essential to a sacrament be omitted for any reason whatever, there is no sacrament. Now there is a case of marriage without the expression of words if the maid is silent through bashfulness when her parents give her away to the bridegroom. Therefore the expression of words is not essential to matrimony.

On the contrary, Matrimony is a sacrament. Now a sensible sign is required in every sacrament. Therefore it is also required in matrimony, and consequently there must needs be at least words by which the consent is made perceptible to the senses.

Further, in matrimony there is a contract between husband and wife. Now in every contract there must be expression of the words by which men bind themselves mutually to one another. Therefore in matrimony also the consent must be expressed in words.

I answer that, As stated above (Article 1), the marriage union is effected in the same way as the bond in material contracts. And since material contracts are not feasible unless the contracting parties express their will to one another in words, it follows that the consent which makes a marriage must also be expressed in words, so that the expression of words is to marriage what the outward washing is to Baptism.

Reply to Objection 1. In a vow there is not a sacramental but only a spiritual bond, wherefore there is no need for it to be done in the same way as material contracts, in order that it be binding, as in the case of matrimony.

Reply to Objection 2. Although the like cannot plight themselves to one another in words, they can do so by signs, and such signs count for words.

Reply to Objection 3. According to Hugh of S. Victor (Tract. vii, Sum. Sent.), persons who are being married should give their consent by accepting one another freely. and this is judged to be the case if they show no dissent when they are being wedded. Wherefore in such a case the words of the parents are taken as being the maid's, for the fact that she does not contradict them is a sign that they are her words.


Whether consent given in words expressive of the future makes a marriage?

Objection 1. It would seem that consent given in words expressive of the future makes a marriage. For as present is to present, so is future to future. But consent given in words expressive of the present makes a marriage in the present. Therefore consent given in words expressive of the future makes a marriage in the future.

Objection 2. Further, in other civil contracts, just as in matrimony, a certain obligation results from the words expressing consent. Now in other contracts it matters not whether the obligation is effected by words of the present or of the future tense. Therefore neither does it make any difference in matrimony.

Objection 3. Further, by the religious vow man contracts a spiritual marriage with God. Now the religious vow is expressed in words of the future tense, and is binding. Therefore carnal marriage also can be effected by words of the future tense.

On the contrary, A man who consents in words of the future tense to take a particular woman as his wife, and after, by words of the present tense, consents to take another, according to law must take the second for his wife (cap. Sicut ex Litteris, De spons. et matr.). But this would not be the case if consent given in words of the future tense made a marriage, since from the very fact that his marriage with the one is valid, he cannot, as long as she lives, marry another. Therefore consent given in words of the future tense does not make a marriage.

Further, he who promises to do a certain thing does it not yet. Now he who consents in words of the future tense, promises to marry a certain woman. Therefore he does not marry her yet.

I answer that, The sacramental causes produce their effect by signifying it; hence they effect what they signify. Since therefore when a man expresses his consent by words of the future tense, he does not signify that he is marrying, but promises that he will marry, it follows that a consent expressed in this manner does not make a marriage, but a promise [sponsionem] of marriage, and this promise is known as a betrothal [sponsalia].

Reply to Objection 1. When consent is expressed in words of the present tense, not only are the words actually present, but consent is directed to the present, so that they coincide in point of time; but when consent is given in words of the future tense, although the words are actually present, the consent is directed to a future time, and hence they do not coincide in point of time. For this reason the comparison fails.

Reply to Objection 2. Even in other contracts, a man who uses words referring to the future, does not transfer the power over his property to another person—for instance if he were to say "I will give thee"—but only when he uses words indicative of the present.

Reply to Objection 3. In the vow of religious profession it is not the spiritual marriage itself that is expressed in words which refer to the future, but an act of the spiritual marriage, namely obedience or observance of the rule. If, however, a man vow spiritual marriage in the future, it is not a spiritual marriage, for a man does not become a monk by taking such a vow, but promises to become one.


Whether, in the absence of inward consent, a marriage is made by consent given in words of the present?

Objection 1. It would seem that even in the absence of inward consent a marriage is made by consent expressed in words of the present. For "fraud and deceit should benefit no man," according to the law (cap. Ex Tenore, De Rescrip., cap. Si Vir, De cognat. spir.). Now he who gives consent in words without consenting in heart commits a fraud. Therefore he should not benefit by it, through being released of the bond of marriage.

Objection 2. Further, the mental consent of one person cannot be known to another, except in so far as it is expressed in words. If then the expression of the words is not enough, and inward consent is required in both parties, neither of them will be able to know that he is truly married to the other; and consequently whenever he uses marriage he will commit fornication.

Objection 3. Further, if a man is proved to have consented to take a certain woman to wife in words of the present tense, he is compelled under pain of excommunication to take her as his wife, even though he should say that he was wanting in mental consent, notwithstanding that afterwards he may have contracted marriage with another woman by words expressive of consent in the present. But this would not be the case if mental consent were requisite for marriage. Therefore it is not required.

On the contrary, Innocent III says in a Decretal (cap. Tua Nos, De Spons. et matr.) in reference to this case: "Other things cannot complete the marriage bond in the absence of consent."

Further, intention is necessary in all the sacraments. Now he who consents not in his heart has no intention of contracting marriage; and therefore he does not contract a marriage.

I answer that, The outward cleansing stands in the same relation to baptism as the expression of words to this sacrament, as stated above (Article 2). Wherefore just as were a person to receive the outward cleansing, with the intention, not of receiving the sacrament, but of acting in jest or deceit, he would not be baptized; so, too, expression of words without inward consent makes no marriage.

Reply to Objection 1. There are two things here, namely the lack of consent—which benefits him in the tribunal of his conscience so that he is not bound by the marriage tie, albeit not in the tribunal of the Church where judgment is pronounced according to the evidence—and the deceit in the words, which does not benefit him, neither in the tribunal of his conscience nor in the tribunal of the Church, since in both he is punished for this.

Reply to Objection 2. If mental consent is lacking in one of the parties, on neither side is there marriage, since marriage consists in a mutual joining together, as stated above (Supplement:44:1). However one may believe that in all probability there is no fraud unless there be evident signs thereof; because we must presume good of everyone, unless there be proof of the contrary. Consequently the party in whom there is no fraud is excused from sin on account of ignorance.

Reply to Objection 3. In such a case the Church compels him to hold to his first wife, because the Church judges according to outward appearances; nor is she deceived in justice or right, although she is deceived in the facts of the case. Yet such a man ought to bear the excommunication rather than return to his first wife; or else he should go far away into another country.


Whether consent given secretly in words of the present makes a marriage?

Objection 1. It would seem that consent given secretly in words of the present does not make a marriage. For a thing that is in one person's power is not transferred to the power of another without the consent of the person in whose power it was. Now the maid is in her father's power. Therefore she cannot by marriage be transferred to a husband's power without her father's consent. Wherefore if consent be given secretly, even though it should be expressed in words of the present, there will be no marriage.

Objection 2. Further, in penance, just as in matrimony, our act is as it were essential to the sacrament. But the sacrament of penance is not made complete except by means of the ministers of the Church, who are the dispensers of the sacraments. Therefore neither can marriage be perfected without the priest's blessing.

Objection 3. Further, the Church does not forbid baptism to be given secretly, since one may baptize either privately or publicly. But the Church does forbid the celebration of clandestine marriages (cap. Cum inhibitio, De clandest. despons.). Therefore they cannot be done secretly.

Objection 4. Further, marriage cannot be contracted by those who are related in the second degree, because the Church has forbidden it. But the Church has also forbidden clandestine marriages. Therefore they cannot be valid marriages.

On the contrary, Given the cause the effect follows. Now the sufficient cause of matrimony is consent expressed in words of the present. Therefore whether this be done in public or in private the result is a marriage.

Further, wherever there is the due matter and the due form of a sacrament there is the sacrament. Now in a secret marriage there is the due matter, since there are persons who are able lawfully to contract—and the due form, since there are the words of the present expressive of consent. Therefore there is a true marriage.

I answer that, Just as in the other sacraments certain things are essential to the sacrament, and if they are omitted there is no sacrament, while certain things belong to the solemnization of the sacrament, and if these be omitted the sacrament is nevertheless validly performed, although it is a sin to omit them; so, too, consent expressed in words of the present between persons lawfully qualified to contract makes a marriage, because these two conditions are essential to the sacrament; while all else belongs to the solemnization of the sacrament, as being done in order that the marriage may be more fittingly performed. Hence if these be omitted it is a true marriage, although the contracting parties sin, unless they have a lawful motive for being excused. [Clandestine marriages have since been declared invalid by the Council of Trent (sess. xxiv). It must be borne in mind that throughout the treatise on marriage St. Thomas gives the Canon Law of his time.]

Reply to Objection 1. The maid is in her father's power, not as a female slave without power over her own body, but as a daughter, for the purpose of education. Hence, in so far as she is free, she can give herself into another's power without her father's consent, even as a son or daughter, since they are free, may enter religion without their parent's consent.

Reply to Objection 2. In penance our act, although essential to the sacrament, does not suffice for producing the proximate effect of the sacrament, namely forgiveness of sins, and consequently it is necessary that the act of the priest intervene in order that the sacrament be perfected. But in matrimony our acts are the sufficient cause for the production of the proximate effect, which is the marriage bond, because whoever has the right to dispose of himself can bind himself to another. Consequently the priest's blessing is not required for matrimony as being essential to the sacrament.

Reply to Objection 3. It is also forbidden to receive baptism otherwise than from a priest, except in a case of necessity. But matrimony is not a necessary sacrament: and consequently the comparison fails. However, clandestine marriages are forbidden on account of the evil results to which they are liable, since it often happens that one of the parties is guilty of fraud in such marriages; frequently, too, they have recourse to other nuptials when they repent of having married in haste; and many other evils result therefrom, besides which there is something disgraceful about them.

Reply to Objection 4. Clandestine marriages are not forbidden as though they were contrary to the essentials of marriage, in the same way as the marriages of unlawful persons, who are undue matter for this sacrament; and hence there is no comparison.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether an oath added to the consent that is expressed in words of the future tense makes a marriage?

Objection 1. It would seem that if an oath be added to a consent that is expressed in words of the future tense it makes a marriage. For no one can bind himself to act against the Divine Law. But the fulfilling of an oath is of Divine law according to Matthew 5:33, "Thou shalt perform thy oaths to the Lord." Consequently no subsequent obligation can relieve a man of the obligation to keep an oath previously taken. If, therefore, after consenting to marry a woman by words expressive of the future and confirming that consent with an oath, a man binds himself to another woman by words expressive of the present, it would seem that none the less he is bound to keep his former oath. But this would not be the case unless that oath made the marriage complete. Therefore an oath affixed to a consent expressed in words of the future tense makes a marriage.

Objection 2. Further, divine truth is stronger than human truth. Now an oath confirms a thing with the Divine truth. Since then words expressive of consent in the present in which there is mere human truth complete a marriage, it would seem that much more is this the case with words of the future confirmed by an oath.

Objection 3. Further, according to the Apostle (Hebrews 6:16), "An oath for confirmation is the end of all . . . controversy"; wherefore in a court of justice at any rate one must stand by an oath rather than by a mere affirmation. Therefore if a man consent to marry a woman by a simple affirmation expressed in words of the present, after having consented to marry another in words of the future confirmed by oath, it would seem that in the judgment of the Church he should be compelled to take the first and not the second as his wife.

Objection 4. Further, the simple uttering of words relating to the future makes a betrothal. But the addition of an oath must have some effect. Therefore it makes something more than a betrothal. Now beyond a betrothal there is nothing but marriage. Therefore it makes a marriage.

On the contrary, What is future is not yet. Now the addition of an oath does not make words of the future tense signify anything else than consent to something future. Therefore it is not a marriage yet.

Further, after a marriage is complete, no further consent is required for the marriage. But after the oath there is yet another consent which makes the marriage, else it would be useless to swear to a future marriage. Therefore it does not make a marriage.

I answer that, An oath is employed in confirmation of one's words; wherefore it confirms that only which is signified by the words, nor does it change their signification. Consequently, since it belongs to words of the future tense, by their very signification, not to make a marriage, since what is promised in the future is not done yet, even though an oath be added to the promise, the marriage is not made yet, as the Master says in the text (Sent. iv, D, 28).

Reply to Objection 1. The fulfilling of a lawful oath is of Divine law, but not the fulfilling of an unlawful oath. Wherefore if a subsequent obligation makes that oath unlawful, whereas it was lawful before, he who does not keep the oath he took previously does not disobey the Divine law. And so it is in the case in point; since he swears unlawfully who promises unlawfully; and a promise about another's property is unlawful. Consequently the subsequent consent by words of the present, whereby a man transfers the power over his body to another woman, makes the previous oath unlawful which was lawful before.

Reply to Objection 2. The Divine truth is most efficacious in confirming that to which it is applied. Hence the Reply to the Third Objection is clear.

Reply to Objection 4. The oath has some effect, not by causing a new obligation, but confirming that which is already made, and thus he who violates it sins more grievously.


Whether carnal intercourse after consent expressed in words of the future makes a marriage?

Objection 1. It would seem that carnal intercourse after consent expressed in words of the future makes a marriage. For consent by deed is greater than consent by word. But he who has carnal intercourse consents by deed to the promise he has previously made. Therefore it would seem that much more does this make a marriage than if he were to consent to mere words referring to the present.

Objection 2. Further, not only explicit but also interpretive consent makes a marriage. Now there can be no better interpretation of consent than carnal intercourse. Therefore marriage is completed thereby.

Objection 3. Further, all carnal union outside marriage is a sin. But the woman, seemingly, does not sin by admitting her betrothed to carnal intercourse. Therefore it makes a marriage.

Objection 4. Further, "Sin is not forgiven unless restitution be made," as Augustine says (Ep. cliii ad Macedon.). Now a man cannot reinstate a woman whom he has violated under the pretense of marriage unless he marry her. Therefore it would seem that even if, after his carnal intercourse, he happen to contract with another by words of the present tense, he is bound to return to the first; and this would not be the case unless he were married to her. Therefore carnal intercourse after consent referring to the future makes a marriage.

On the contrary, Pope Nicholas I says (Resp. ad Consult. Bulg. iii; Cap. Tuas dudum, De clandest. despons.), "Without the consent to marriage, other things, including coition, are of no effect."

Further, that which follows a thing does not make it. But carnal intercourse follows the actual marriage, as effect follows cause. Therefore it cannot make a marriage.

I answer that, We may speak of marriage in two ways. First, in reference to the tribunal of conscience, and thus in very truth carnal intercourse cannot complete a marriage the promise of which has previously been made in words expressive of the future, if inward consent is lacking, since words, even though expressive of the present, would not make a marriage in the absence of mental consent, as stated above (Supplement:45:4). Secondly, in reference to the judgment of the Church; and since in the external tribunal judgment is given in accordance with external evidence, and since nothing is more expressly significant of consent than carnal intercourse, it follows that in the judgment of the Church carnal intercourse following on betrothal is declared to make a marriage, unless there appear clear signs of deceit or fraud [According to the pre-Tridentine legislation] (De sponsal. et matrim., cap. Is qui fidem).

Reply to Objection 1. In reality he who has carnal intercourse consents by deed to the act of sexual union, and does not merely for this reason consent to marriage except according to the interpretation of the law.

Reply to Objection 2. This interpretation does not alter the truth of the matter, but changes the judgment which is about external things.

Reply to Objection 3. If the woman admit her betrothed, thinking that he wishes to consummate the marriage, she is excused from the sin, unless there be clear signs of fraud; for instance if they differ considerably in birth or fortune, or some other evident sign appear. Nevertheless the affianced husband is guilty of fornication, and should be punished for this fraud he has committed.

Reply to Objection 4. In a case of this kind the affianced husband, before his marriage with the other woman, is bound to marry the one to whom he was betrothed, if she be his equal or superior in rank. But if he has married another woman, he is no longer able to fulfill his obligation, wherefore it suffices if he provide for her marriage. Nor is he bound even to do this, according to some, if her affianced husband is of much higher rank than she, or if there be some evident sign of fraud, because it may be presumed that in all probability she was not deceived but pretended to be.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether a compulsory consent is possible?

Objection 1. It would seem that no consent can be compulsory. For, as stated above (Sent. ii, D, 25 [I-II, 6, 4]) the free-will cannot be compelled. Now consent is an act of the free-will. Therefore it cannot be compulsory.

Objection 2. Further, violent is the same as compulsory. Now, according to the Philosopher (Ethic. iii, 1), "a violent action is one the principle of which is without, the patient concurring not at all." But the principle of consent is always within. Therefore no consent can be compulsory.

Objection 3. Further, every sin is perfected by consent. But that which perfects a sin cannot be compulsory, for, according to Augustine (De Lib. Arb. iii, 18), "no one sins in what he cannot avoid." Since then violence is defined by jurists (i, ff. de eo quod vi metusve) as the "force of a stronger being that cannot be repulsed," it would seem that consent cannot be compulsory or violent.

Objection 4. Further, power is opposed to liberty. But compulsion is allied to power, as appears from a definition of Tully's in which he says that "compulsion is the force of one who exercises his power to detain a thing outside its proper bounds." Therefore the free-will cannot be compelled, and consequently neither can consent which is an act thereof.

On the contrary, That which cannot be, cannot be an impediment. But compulsory consent is an impediment to matrimony, as stated in the text (Sent. iv, D, 29). Therefore consent can be compelled.

Further, in marriage there is a contract. Now the will can be compelled in the matter of contracts; for which reason the law adjudges that restitution should be made of the whole, for it does not ratify "that which was done under compulsion or fear" (Sent. iv, D[29). Therefore in marriage also it is possible for the consent to be compulsory.

I answer that, Compulsion or violence is twofold. One is the cause of absolute necessity, and violence of this kind the Philosopher calls (Ethic. iii, 1) "violent simply," as when by bodily strength one forces a person to move; the other causes conditional necessity, and the Philosopher calls this a "mixed violence," as when a person throws his merchandise overboard in order to save himself. In the latter kind of violence, although the thing done is not voluntary in itself, yet taking into consideration the circumstances of place and time it is voluntary. And since actions are about particulars, it follows that it is voluntary simply, and involuntary in a certain respect (Cf. I-II:6:6). Wherefore this latter violence or compulsion is consistent with consent, but not the former. And since this compulsion results from one's fear of a threatening danger, it follows that this violence coincides with fear which, in a manner, compels the will, whereas the former violence has to do with bodily actions. Moreover, since the law considers not merely internal actions, but rather external actions, consequently it takes violence to mean absolute compulsion, for which reason it draws a distinction between violence and fear. Here, however, it is a question of internal consent which cannot be influenced by compulsion or violence as distinct from fear. Therefore as to the question at issue compulsion and fear are the same. Now, according to lawyers fear is "the agitation of the mind occasioned by danger imminent or future" (Ethic. iii, 1).

This suffices for the Replies to the Objections; for the first set of arguments consider the first kind of compulsion, and the second set of arguments consider the second.


Whether a constant man can be compelled by fear?

Objection 1. It would seem that "a constant man" [Cap. Ad audientiam, De his quae vi.] cannot be compelled by fear. Because the nature of a constant man is not to be agitated in the midst of dangers. Since then fear is "agitation of the mind occasioned by imminent danger," it would seem that he is not compelled by fear.

Objection 2. Further, "Of all fearsome things death is the limit," according to the Philosopher (Ethic. iii, 6), as though it were the most perfect of all things that inspire fear. But the constant man is not compelled by death, since the brave face even mortal dangers. Therefore no fear influences a constant man.

Objection 3. Further, of all dangers a good man fears most that which affects his good name. But the fear of disgrace is not reckoned to influence a constant man, because, according to the law (vii, ff, de eo quod metus, etc.), "fear of disgrace is not included under the ordinance, 'That which is done through fear'" [Dig. iv, 2, Quod metus causa]. Therefore neither does any other kind of fear influence a constant man.

Objection 4. Further, in him who is compelled by fear, fear leaves a sin, for it makes him promise what he is unwilling to fulfill, and thus it makes him lie. But a constant man does not commit a sin, not even a very slight one, for fear. Therefore no fear influences a constant man.

On the contrary, Abraham and Isaac were constant. Yet they were influenced by fear, since on account of fear each said that his wife was his sister (Genesis 12:12; 26:7).

Further, wherever there is mixed violence, it is fear that compels. But however constant a man may be he may suffer violence of that kind, for if he be on the sea, he will throw his merchandise overboard if menaced with shipwreck. Therefore fear can influence a constant man.

I answer that, By fear influencing a man we mean his being compelled by fear. A man is compelled by fear when he does that which otherwise he would not wish to do, in order to avoid that which he fears. Now the constant differs from the inconstant man in two respects. First, in respect of the quality of the danger feared, because the constant man follows right reason, whereby he knows whether to omit this rather than that, and whether to do this rather than that. Now the lesser evil or the greater good is always to be chosen in preference; and therefore the constant man is compelled to bear with the lesser evil through fear of the greater evil, but he is not compelled to bear with the greater evil in order to avoid the lesser. But the inconstant man is compelled to bear with the greater evil through fear of a lesser evil, namely to commit sin through fear of bodily suffering; whereas on the contrary the obstinate man cannot be compelled even to permit or to do a lesser evil, in order to avoid a greater. Hence the constant man is a mean between the inconstant and the obstinate. Secondly, they differ as to their estimate of the threatening evil, for a constant man is not compelled unless for grave and probable reasons, while the inconstant man is compelled by trifling motives: "The wicked man seeth when no man pursueth" (Proverbs 28:1).

Reply to Objection 1. The constant man, like the brave man, is fearless, as the Philosopher states (Ethic. iii, 4), not that he is altogether without fear, but because he fears not what he ought not to fear, or where, or when he ought not to fear.

Reply to Objection 2. Sin is the greatest of evils, and consequently a constant man can nowise be compelled to sin; indeed a man should die rather than suffer the like, as again the Philosopher says (Ethic. iii, 6,9). Yet certain bodily injuries are less grievous than certain others; and chief among them are those which relate to the person, such as death, blows, the stain resulting from rape, and slavery. Wherefore the like compel a constant man to suffer other bodily injuries. They are contained in the verse: "Rape, status, blows, and death." Nor does it matter whether they refer to his own person, or to the person of his wife or children, or the like.

Reply to Objection 3. Although disgrace is a greater injury it is easy to remedy it. Hence fear of disgrace is not reckoned to influence a constant man according to law.

Reply to Objection 4. The constant man is not compelled to lie, because at the time he wishes to give; yet afterwards he wishes to ask for restitution, or at least to appeal to the judge, if he promised not to ask for restitution. But he cannot promise not to appeal, for since this is contrary to the good of justice, he cannot be compelled thereto, namely to act against justice.


Whether compulsory consent invalidates a marriage?

Objection 1. It would seem that compulsory consent does not invalidate a marriage. For just as consent is necessary for matrimony, so is intention necessary for Baptism. Now one who is compelled by fear to receive Baptism, receives the sacrament. Therefore one who is compelled by fear to consent is bound by his marriage.

Objection 2. Further, according to the Philosopher (Ethic. iii, 1), that which is done on account of mixed violence is more voluntary than involuntary. Now consent cannot be compelled except by mixed violence. Therefore it is not entirely involuntary, and consequently the marriage is valid.

Objection 3. Further, seemingly he who has consented to marriage under compulsion ought to be counseled to stand to that marriage; because to promise and not to fulfill has an "appearance of evil," and the Apostle wishes us to refrain from all such things (1 Thessalonians 5:22). But that would not be the case if compulsory consent invalidated a marriage altogether. Therefore, etc.

On the contrary, A Decretal says (cap. Cum locum, De sponsal. et matrim.): "Since there is no room for consent where fear or compulsion enters in, it follows that where a person's consent is required, every pretext for compulsion must be set aside." Now mutual contract is necessary in marriage. Therefore, etc.

Further, Matrimony signifies the union of Christ with the Church, which union is according to the liberty of love. Therefore it cannot be the result of compulsory consent.

I answer that, The marriage bond is everlasting. Hence whatever is inconsistent with its perpetuity invalidates marriage. Now the fear which compels a constant man deprives the contract of its perpetuity, since its complete rescission can be demanded. Wherefore this compulsion by fear which influences a constant man, invalidates marriage, but not the other compulsion. Now a constant man is reckoned a virtuous man who, according to the Philosopher (Ethic. iii, 4), is a measure in all human actions.

However, some say that if there be consent although compulsory, the marriage is valid in conscience and in God's sight, but not in the eyes of the Church, who presumes that there was no inward consent on account of the fear. But this is of no account, because the Church should not presume a person to sin until it be proved; and he sinned if he said that he consented whereas he did not consent. Wherefore the Church presumes that he did consent, but judges this compulsory consent to be insufficient for a valid marriage.

Reply to Objection 1. The intention is not the efficient cause of the sacrament in baptism, it is merely the cause that elicits the action of the agent; whereas the consent is the efficient cause in matrimony. Hence the comparison fails.

Reply to Objection 2. Not any kind of voluntariness suffices for marriage: it must be completely voluntary, because it has to be perpetual; and consequently it is invalidated by violence of a mixed nature.

Reply to Objection 3. He ought not always to be advised to stand to that marriage, but only when evil results are feared from its dissolution. Nor does he sin if he does otherwise, because there is no appearance of evil in not fulfilling a promise that one has made unwillingly.


Whether compulsory consent makes a marriage as regards the party who uses compulsion?

Objection 1. It would seem that compulsory consent makes a marriage, at least as regards the party who uses compulsion. For matrimony is a sign of a spiritual union. But spiritual union which is by charity may be with one who has not charity. Therefore marriage is possible with one who wills it not.

Objection 2. Further, if she who was compelled consents afterwards, it will be a true marriage. But he who compelled her before is not bound by her consent. Therefore he was married to her by virtue of the consent he gave before.

On the contrary, Matrimony is an equiparant relation. Now a relation of that kind is equally in both terms. Therefore if there is an impediment on the part of one, there will be no marriage on the part of the other.

I answer that, Since marriage is a kind of relation, and a relation cannot arise in one of the terms without arising in the other, it follows that whatever is an impediment to matrimony in the one, is an impediment to matrimony in the other; since it is impossible for a man to be the husband of one who is not his wife, or for a woman to be a wife without a husband, just as it is impossible to be a mother without having a child. Hence it is a common saying that "marriage is not lame."

Reply to Objection 1. Although the act of the lover can be directed to one who loves not, there can be no union between them, unless love be mutual. Wherefore the Philosopher says (Ethic. viii, 2) that friendship which consists in a kind of union requires a return of love.

Reply to Objection 2. Marriage does not result from the consent of her who was compelled before, except in so far as the other party's previous consent remains in force; wherefore if he were to withdraw his consent there would be no marriage.


Whether conditional consent makes a marriage?

Objection 1. It would seem that not even a conditional consent makes a marriage, because a statement is not made simply if it is made subject to a condition. But in marriage the words expressive of consent must be uttered simply. Therefore a conditional consent makes no marriage.

Objection 2. Further, marriage should be certain. But where a statement is made under a condition it is rendered doubtful. Therefore a like consent makes no marriage.

On the contrary, In other contracts an obligation is undertaken conditionally, and holds so long as the condition holds. Therefore since marriage is a contract, it would seem that it can be made by a conditional consent.

I answer that, The condition made is either of the present or of the future. If it is of the present and is not contrary to marriage, whether it be moral or immoral, the marriage holds if the condition is verified, and is invalid if the condition is not verified. If, however, it be contrary to the marriage blessings, the marriage is invalid, as we have also said in reference to betrothals (Supplement:43:1. But if the condition refer to the future, it is either necessary, as that the sun will rise tomorrow—and then the marriage is valid, because such future things are present in their causes—or else it is contingent, as the payment of a sum of money, or the consent of the parents, and then the judgment about a consent of this kind is the same as about a consent expressed in words of the future tense; wherefore it makes no marriage.

This suffices for the Replies to the Objections.


Whether one can be compelled by one's father's command to marry?

Objection 1. It would seem that one can be compelled by one's father's command to marry. For it is written (Colossians 3:20): "Children, obey your parents in all things." Therefore they are bound to obey them in this also.

Objection 2. Further, Isaac charged Jacob (Genesis 28:1) not to take a wife from the daughters of Chanaan. But he would not have charged him thus unless he had the right to command it. Therefore a son is bound to obey his father in this.

Objection 3. Further, no one should promise, especially with an oath, for one whom he cannot compel to keep the promise. Now parents promise future marriages for their children, and even confirm their promise by oath. Therefore they can compel their children to keep that promise.

Objection 4. Further, our spiritual father, the Pope to wit, can by his command compel a man to a spiritual marriage, namely to accept a bishopric. Therefore a carnal father can compel his son to marriage.

On the contrary, A son may lawfully enter religion though his father command him to marry. Therefore he is not bound to obey him in this.

Further, if he were bound to obey, a betrothal contracted by the parents would hold good without their children's consent. But this is against the law (cap. Ex litteris, De despon. impub.). Therefore, etc.

I answer that, Since in marriage there is a kind of perpetual service, as it were, a father cannot by his command compel his son to marry, since the latter is of free condition: but he may induce him for a reasonable cause; and thus the son will be affected by his father's command in the same way as he is affected by that cause, so that if the cause be compelling as indicating either obligation or fitness, his father's command will compel him in the same measure: otherwise he may not compel him.

Reply to Objection 1. The words of the Apostle do not refer to those matters in which a man is his own master as the father is. Such is marriage by which the son also becomes a father.

Reply to Objection 2. There were other motives why Jacob was bound to do what Isaac commanded him, both on account of the wickedness of those women, and because the seed of Chanaan was to be cast forth from the land which was promised to the seed of the patriarchs. Hence Isaac could command this.

Reply to Objection 3. They do not swear except with the implied condition "if it please them"; and they are bound to induce them in good faith.

Reply to Objection 4. Some say that the Pope cannot command a man to accept a bishopric, because consent should be free. But if this be granted there would be an end of ecclesiastical order, for unless a man can be compelled to accept the government of a church, the Church could not be preserved, since sometimes those who are qualified for the purpose are unwilling to accept unless they be compelled. Therefore we must reply that the two cases are not parallel; for there is no bodily service in a spiritual marriage as there is in the bodily marriage; because the spiritual marriage is a kind of office for dispensing the public weal: "Let a man so account of us as of the ministers of Christ, and the dispensers of the mysteries of God" (1 Corinthians 4:1).

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether the consent that makes a marriage is a consent to carnal intercourse?

Objection 1. It would seem that the consent which makes a marriage is a consent to carnal intercourse. For Jerome [The words quoted are found implicitly in St. Augustine (De Bono Viduit ix)] says that "for those who have vowed virginity it is wicked, not only to marry, but even to wish to marry." But it would not be wicked unless it were contrary to virginity, and marriage is not contrary to virginity except by reason of carnal intercourse. Therefore the will's consent in marriage is a consent to carnal intercourse.

Objection 2. Further, whatever there is in marriage between husband and wife is lawful between brother and sister except carnal intercourse. But there cannot lawfully be a consent to marriage between them. Therefore the marriage consent is a consent to carnal intercourse.

Objection 3. Further, if the woman say to the man: "I consent to take thee provided however that you know me not," it is not a marriage consent, because it contains something against the essence of that consent. Yet this would not be the case unless the marriage consent were a consent to carnal intercourse. Therefore, etc.

Objection 4. Further, in everything the beginning corresponds to the consummation. Now marriage is consummated by carnal intercourse. Therefore, since it begins by the consent, it would seem that the consent is to carnal intercourse.

On the contrary, No one that consents to carnal intercourse is a virgin in mind and body. Yet Blessed John the evangelist after consenting to marriage was a virgin both in mind and body. Therefore he did not consent to carnal intercourse.

Further, the effect corresponds to its cause. Now consent is the cause of marriage. Since then carnal intercourse is not essential to marriage, seemingly neither is the consent which causes marriage a consent to carnal intercourse.

I answer that, The consent that makes a marriage is a consent to marriage, because the proper effect of the will is the thing willed. Wherefore, according as carnal intercourse stands in relation to marriage, so far is the consent that causes marriage a consent to carnal intercourse. Now, as stated above (Supplement:44:1; Supplement:45:2), marriage is not essentially the carnal union itself, but a certain joining together of husband and wife ordained to carnal intercourse, and a further consequent union between husband and wife, in so far as they each receive power over the other in reference to carnal intercourse, which joining together is called the nuptial bond. Hence it is evident that they said well who asserted that to consent to marriage is to consent to carnal intercourse implicitly and not explicitly. For carnal intercourse is not to be understood, except as an effect is implicitly contained in its cause, for the power to have carnal intercourse, which power is the object of the consent, is the cause of carnal intercourse, just as the power to use one's own property is the cause of the use.

Reply to Objection 1. The reason why consent to marriage after taking the vow of virginity is sinful, is because that consent gives a power to do what is unlawful: even so would a man sin if he gave another man the power to receive that which he has in deposit, and not only by actually delivering it to him. With regard to the consent of the Blessed Virgin, we have spoken about it above (Sent. iv, D, 3; III, 29, 2).

Reply to Objection 2. Between brother and sister there can be no power of one over the other in relation to carnal intercourse, even as neither can there be lawfully carnal intercourse itself. Consequently the argument does not prove.

Reply to Objection 3. Such an explicit condition is contrary not only to the act but also to the power of carnal intercourse, and therefore it is contrary to marriage.

Reply to Objection 4. Marriage begun corresponds to marriage consummated, as habit or power corresponds to the act which is operation.

The arguments on the contrary side show that consent is not given explicitly to carnal intercourse; and this is true.


Whether marriage can result from one person's consent to take another for a base motive?

Objection 1. It would seem that marriage cannot result from one person's consent to take another for a base motive. For there is but one reason for one thing. Now marriage is one sacrament. Therefore it cannot result from the intention of any other end than that for which it was instituted by God; namely the begetting of children.

Objection 2. Further, the marriage union is from God, according to Matthew 19:6, "What . . . God hath joined together let no man put asunder." But a union that is made for immoral motives is not from God. Therefore it is not a marriage.

Objection 3. Further, in the other sacraments, if the intention of the Church be not observed, the sacrament is invalid. Now the intention of the Church in the sacrament of matrimony is not directed to a base purpose. Therefore, if a marriage be contracted for a base purpose, it will not be a valid marriage.

Objection 4. Further, according to Boethius (De Diff., Topic. ii) "a thing is good if its end be good." But matrimony is always good. Therefore it is not matrimony if it is done for an evil end.

Objection 5. Further, matrimony signifies the union of Christ with the Church; and in this there can be nothing base. Neither therefore can marriage be contracted for a base motive.

On the contrary, He who baptizes another for the sake of gain baptizes validly. Therefore if a man marries a woman for the purpose of gain it is a valid marriage.

Further, the same conclusion is proved by the examples and authorities quoted in the text (Sent. iv, D, 30).

I answer that, The final cause of marriage may be taken as twofold, namely essential and accidental. The essential cause of marriage is the end to which it is by its very nature ordained, and this is always good, namely the begetting of children and the avoiding of fornication. But the accidental final cause thereof is that which the contracting parties intend as the result of marriage. And since that which is intended as the result of marriage is consequent upon marriage, and since that which comes first is not altered by what comes after, but conversely; marriage does not become good or evil by reason of that cause, but the contracting parties to whom this cause is the essential end. And since accidental causes are infinite in number, it follows that there can be an infinite number of such causes in matrimony, some of which are good and some bad.

Reply to Objection 1. This is true of the essential and principal cause; but that which has one essential and principal end may have several secondary essential ends, and an infinite number of accidental ends.

Reply to Objection 2. The joining together can be taken for the relation itself which is marriage, and that is always from God, and is good, whatever be its cause; or for the act of those who are being joined together, and thus it is sometimes evil and is not from God simply. Nor is it unreasonable that an effect be from God, the cause of which is evil, such as a child born of adultery; for it is not from that cause as evil, but as having some good in so far as it is from God, although it is not from God simply.

Reply to Objection 3. The intention of the Church whereby she intends to confer a sacrament is essential to each sacrament, so that if it be not observed, all sacraments are null. But the intention of the Church whereby she intends an advantage resulting from the sacrament belongs to the well-being and not to the essence of a sacrament; wherefore, if it be not observed, the sacrament is none the less valid. Yet he who omits this intention sins; for instance if in baptism one intend not the healing of the mind which the Church intends. In like manner he who intends to marry, although he fail to direct it to the end which the Church intends, nevertheless contracts a valid marriage.

Reply to Objection 4. This evil which is intended is the end not of marriage, but of the contracting parties.

Reply to Objection 5. The union itself, and not the action of those who are united, is the sign of the union of Christ with the Church: wherefore the conclusion does not follow.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether certain blessings are necessary in order to excuse marriage?

Objection 1. It would seem that certain blessings are not necessary in order to excuse marriage. For just as the preservation of the individual which is effected by the nutritive power is intended by nature, so too is the preservation of the species which is effected by marriage; and indeed so much the more as the good of the species is better and more exalted than the good of the individual. But no goods are necessary to excuse the act of the nutritive power. Neither therefore are they necessary to excuse marriage.

Objection 2. Further, according to the Philosopher (Ethic. viii, 12) the friendship between husband and wife is natural, and includes the virtuous, the useful, and the pleasant. But that which is virtuous in itself needs no excuse. Therefore neither should any goods be assigned for the excuse of matrimony.

Objection 3. Further, matrimony was instituted as a remedy and as an office, as stated above (Supplement:42:2). Now it needs no excuse in so far as it is instituted as an office, since then it would also have needed an excuse in paradise, which is false, for there, as Augustine says, "marriage would have been without reproach and the marriage-bed without stain" (Gen. ad lit. ix). In like manner neither does it need an excuse in so far as it is intended as a remedy, any more than the other sacraments which were instituted as remedies for sin. Therefore matrimony does not need these excuses.

Objection 4. Further, the virtues are directed to whatever can be done aright. If then marriage can be righted by certain goods, it needs nothing else to right it besides the virtues of the soul; and consequently there is no need to assign to matrimony any goods whereby it is righted, any more than to other things in which the virtues direct us.

On the contrary, Wherever there is indulgence, there must needs be some reason for excuse. Now marriage is allowed in the state of infirmity "by indulgence" (1 Corinthians 7:6). Therefore it needs to be excused by certain goods.

Further, the intercourse of fornication and that of marriage are of the same species as regards the species of nature. But the intercourse of fornication is wrong in itself. Therefore, in order that the marriage intercourse be not wrong, something must be added to it to make it right, and draw it to another moral species.

I answer that, No wise man should allow himself to lose a thing except for some compensation in the shape of an equal or better good. Wherefore for a thing that has a loss attached to it to be eligible, it needs to have some good connected with it, which by compensating for that loss makes that thing ordinate and right. Now there is a loss of reason incidental to the union of man and woman, both because the reason is carried away entirely on account of the vehemence of the pleasure, so that it is unable to understand anything at the same time, as the Philosopher says (Ethic. vii, 11); and again because of the tribulation of the flesh which such persons have to suffer from solicitude for temporal things (1 Corinthians 7:28). Consequently the choice of this union cannot be made ordinate except by certain compensations whereby that same union is righted. and these are the goods which excuse marriage and make it right.

Reply to Objection 1. In the act of eating there is not such an intense pleasure overpowering the reason as in the aforesaid action, both because the generative power, whereby original sin is transmitted, is infected and corrupt, whereas the nutritive power, by which original sin is not transmitted, is neither corrupt nor infected; and again because each one feels in himself a defect of the individual more than a defect of the species. Hence, in order to entice a man to take food which supplies a defect of the individual, it is enough that he feel this defect; but in order to entice him to the act whereby a defect of the species is remedied, Divine providence attached pleasure to that act, which moves even irrational animals in which there is not the stain of original sin. Hence the comparison fails.

Reply to Objection 2. These goods which justify marriage belong to the nature of marriage, which consequently needs them, not as extrinsic causes of its rectitude, but as causing in it that rectitude which belongs to it by nature.

Reply to Objection 3. From the very fact that marriage is intended as an office or as a remedy it has the aspect of something useful and right; nevertheless both aspects belong to it from the fact that it has these goods by which it fulfills the office and affords a remedy to concupiscence.

Reply to Objection 4. An act of virtue may derive its rectitude both from the virtue as its elicitive principle, and from its circumstances as its formal principles; and the goods of marriage are related to marriage as circumstances to an act of virtue which owes it to those circumstances that it can be an act of virtue.


Whether the goods of marriage are sufficiently enumerated?

Objection 1. It would seem that the goods of marriage are insufficiently enumerated by the Master (Sent. iv, D, 31), namely "faith, offspring, and sacrament." For the object of marriage among men is not only the begetting and feeding of children, but also the partnership of a common life, whereby each one contributes his share of work to the common stock, as stated in Ethic. viii, 12. Therefore as the offspring is reckoned a good of matrimony, so also should the communication of works.

Objection 2. Further, the union of Christ with the Church, signified by matrimony, is the effect of charity. Therefore charity rather than faith should be reckoned among the goods of matrimony.

Objection 3. Further, in matrimony, just as it is required that neither party have intercourse with another, so is it required that the one pay the marriage debt to the other. Now the former pertains to faith according to the Master (Sent. iv, D, 31). Therefore justice should also be reckoned among the goods of marriage on account of the payment of the debt.

Objection 4. Further, in matrimony as signifying the union of Christ with the Church, just as indivisibility is required, so also is unity, whereby one man has one wife. But the sacrament which is reckoned among the three marriage goods pertains to indivisibility. Therefore there should be something else pertaining to unity.

Objection 5. On the other hand, it would seem that they are too many. For one virtue suffices to make one act right. Now faith is one virtue. Therefore it was not necessary to add two other goods to make marriage right.

Objection 6. Further, the same cause does not make a thing both useful and virtuous, since the useful and the virtuous are opposite divisions of the good. Now marriage derives its character of useful from the offspring. Therefore the offspring should not be reckoned among the goods that make marriage virtuous.

Objection 7. Further, nothing should be reckoned as a property or condition of itself. Now these goods are reckoned to be conditions of marriage. Therefore since matrimony is a sacrament, the sacrament should not be reckoned a condition of matrimony.

I answer that, Matrimony is instituted both as an office of nature and as a sacrament of the Church. As an office of nature it is directed by two things, like every other virtuous act. one of these is required on the part of the agent and is the intention of the due end, and thus the "offspring" is accounted a good of matrimony; the other is required on the part of the act, which is good generically through being about a due matter; and thus we have "faith," whereby a man has intercourse with his wife and with no other woman. Besides this it has a certain goodness as a sacrament, and this is signified by the very word "sacrament."

Reply to Objection 1. Offspring signifies not only the begetting of children, but also their education, to which as its end is directed the entire communion of works that exists between man and wife as united in marriage, since parents naturally "lay up" for their "children" (2 Corinthians 12:14); so that the offspring like a principal end includes another, as it were, secondary end.

Reply to Objection 2. Faith is not taken here as a theological virtue, but as part of justice, in so far as faith [fides] signifies the suiting of deed to word [fiant dicta] by keeping one's promises; for since marriage is a contract it contains a promise whereby this man is assigned to this woman.

Reply to Objection 3. Just as the marriage promise means that neither party is to have intercourse with a third party, so does it require that they should mutually pay the marriage debt. The latter is indeed the chief of the two, since it follows from the power which each receives over the other. Consequently both these things pertain to faith, although the Boo of Sentences mentions that which is the less manifest.

Reply to Objection 4. By sacrament we are to understand not only indivisibility, but all those things that result from marriage being a sign of Christ's union with the Church. We may also reply that the unity to which the objection refers pertains to faith, just as indivisibility belongs to the sacrament.

Reply to Objection 5. Faith here does not denote a virtue, but that condition of virtue which is a part of justice and is called by the name of faith.

Reply to Objection 6. Just as the right use of a useful good derives its rectitude not from the useful but from the reason which causes the right use, so too direction to a useful good may cause the goodness of rectitude by virtue of the reason causing the right direction; and in this way marriage, through being directed to the offspring, is useful, and nevertheless righteous, inasmuch as it is directed aright.

Reply to Objection 7. As the Master says (Sent. iv, D, 31), sacrament here does not mean matrimony itself, but its indissolubility, which is a sign of the same thing as matrimony is.

We may also reply that although marriage is a sacrament, marriage as marriage is not the same as marriage as a sacrament, since it was instituted not only as a sign of a sacred thing, but also as an office of nature. Hence the sacramental aspect is a condition added to marriage considered in itself, whence also it derives its rectitude. Hence its sacramentality, if I may use the term, is reckoned among the goods which justify marriage; and accordingly this third good of marriage, the sacrament to wit, denotes not only its indissolubility, but also whatever pertains to its signification.


Whether the sacrament is the chief of the marriage goods?

Objection 1. It would seem that the "sacrament" is not the chief of the marriage goods. For the end is principal in everything. Now the end of marriage is the offspring. Therefore the offspring is the chief marriage good.

Objection 2. Further, in the specific nature the difference is more important than the genus, even as the form is more important than matter in the composition of a natural thing. Now "sacrament" refers to marriage on the part of its genus, while "offspring" and "faith" refer thereto on the part of the difference whereby it is a special kind of sacrament. Therefore these other two are more important than sacrament in reference to marriage.

Objection 3. Further, just as we find marriage without "offspring" and without "faith," so do we find it without indissolubility, as in the case where one of the parties enters religion before the marriage is consummated. Therefore neither from this point of view is "sacrament" the most important marriage good.

Objection 4. Further, an effect cannot be more important than its cause. Now consent, which is the cause of matrimony, is often changed. Therefore the marriage also can be dissolved and consequently inseparability is not always a condition of marriage.

Objection 5. Further, the sacraments which produce an everlasting effect imprint a character. But no character is imprinted in matrimony. Therefore it is not conditioned by a lasting inseparability. Consequently just as there is marriage without "offspring" so is there marriage without "sacrament," and thus the same conclusion follows as above.

On the contrary, That which has a place in the definition of a thing is most essential thereto. Now inseparability, which pertains to sacrament, is placed in the definition of marriage (Supplement:44:3, while offspring and faith are not. Therefore among the other goods sacrament is the most essential to matrimony.

Further, the Divine power which works in the sacraments is more efficacious than human power. But "offspring" and "faith" pertain to matrimony as directed to an office of human nature, whereas "sacrament" pertains to it as instituted by God. Therefore sacrament takes a more important part in marriage than the other two.

I answer that, This or that may be more important to a thing in two ways, either because it is more essential or because it is more excellent. If the reason is because it is more excellent, then "sacrament" is in every way the most important of the three marriage goods, since it belongs to marriage considered as a sacrament of grace; while the other two belong to it as an office of nature; and a perfection of grace is more excellent than a perfection of nature. If, however, it is said to be more important because it is more essential, we must draw a distinction; for "faith" and "offspring" can be considered in two ways. First, in themselves, and thus they regard the use of matrimony in begetting children and observing the marriage compact; while inseparability, which is denoted by "sacrament," regards the very sacrament considered in itself, since from the very fact that by the marriage compact man and wife give to one another power the one over the other in perpetuity, it follows that they cannot be put asunder. Hence there is no matrimony without inseparability, whereas there is matrimony without "faith" and "offspring," because the existence of a thing does not depend on its use; and in this sense "sacrament" is more essential to matrimony than "faith" and "offspring." Secondly, "faith" and "offspring" may be considered as in their principles, so that "offspring" denote the intention of having children, and "faith" the duty of remaining faithful, and there can be no matrimony without these also, since they are caused in matrimony by the marriage compact itself, so that if anything contrary to these were expressed in the consent which makes a marriage, the marriage would be invalid. Taking "faith" and "offspring" in this sense, it is clear that "offspring" is the most essential thing in marriage, secondly "faith," and thirdly "sacrament"; even as to man it is more essential to be in nature than to be in grace, although it is more excellent to be in grace.

Reply to Objection 1. The end as regards the intention stands first in a thing, but as regards the attainment it stands last. It is the same with "offspring" among the marriage goods; wherefore in a way it is the most important and in another way it is not.

Reply to Objection 2. Sacrament, even as holding the third place among the marriage goods, belongs to matrimony by reason of its difference; for it is called "sacrament" from its signification of that particular sacred thing which matrimony signifies.

Reply to Objection 3. According to Augustine (De Bono Conjug. ix), marriage is a good of mortals, wherefore in the resurrection "they shall neither marry nor be married" (Matthew 22:30). Hence the marriage bond does not last after the life wherein it is contracted, and consequently it is said to be inseparable, because it cannot be sundered in this life, but either by bodily death after carnal union, or by spiritual death after a merely spiritual union.

Reply to Objection 4. Although the consent which makes a marriage is not everlasting materially, i.e. in regard to the substance of the act, since that act ceases and a contrary act may succeed it, nevertheless formally speaking it is everlasting, because it is a consent to an ever lasting bond, else it would not make a marriage, for a consent to take a woman for a time makes no marriage. Hence it is everlasting formally, inasmuch as an act takes its species from its object; and thus it is that matrimony derives its inseparability from the consent.

Reply to Objection 5. In those sacraments wherein a character is imprinted, power is given to perform spiritual actions; but in matrimony, to perform bodily actions. Wherefore matrimony by reason of the power which man and wife receive over one another agrees with the sacraments in which a character is imprinted, and from this it derives its inseparability, as the Master says (Sent. iv, D, 31); yet it differs from them in so far as that power regards bodily acts; hence it does not confer a spiritual character.