Summa Theologica


MATRIMONY (Questions [41]-67)

Question: 41  OF THE SACRAMENT OF MATRIMONY AS DIRECTED TO AN OFFICE OF NATURE (FOUR ARTICLES)

   In the next place we must consider matrimony. We must treat of it (1) as directed to an office of nature; (2) as a sacrament; (3) as considered absolutely and in itself. Under the first head there are four points of inquiry:

    (1) Whether it is of natural law?

    (2) Whether it is a matter of precept?

    (3) Whether its act is lawful?

    (4) Whether its act can be meritorious?

Article: 1 

Whether matrimony is of natural law?

  Objection 1: It would seem that matrimony is not natural. Because "the natural law is what nature has taught all animals" [*Digest. I, i, de justitia et jure, 1]. But in other animals the sexes are united without matrimony. Therefore matrimony is not of natural law.

  Objection 1: Further, that which is of natural law is found in all men with regard to their every state. But matrimony was not in every state of man, for as Tully says (De Inv. Rhet.), "at the beginning men were savages and then no man knew his own children, nor was he bound by any marriage tie," wherein matrimony consists. Therefore it is not natural.

  Objection 3: Further, natural things are the same among all. But matrimony is not in the same way among all, since its practice varies according to the various laws. Therefore it is not natural.

  Objection 4: Further, those things without which the intention of nature can be maintained would seem not to be natural. But nature intends the preservation of the species by generation which is possible without matrimony, as in the case of fornicators. Therefore matrimony is not natural.

  On the contrary, At the commencement of the Digests it is stated: "The union of male and female, which we call matrimony, is of natural law."

   Further, the Philosopher (Ethic. viii, 12) says that "man is an animal more inclined by nature to connubial than political society." But "man is naturally a political and gregarious animal," as the same author asserts (Polit. i, 2). Therefore he is naturally inclined to connubial union, and thus the conjugal union or matrimony is natural.

  I answer that, A thing is said to be natural in two ways. First, as resulting of necessity from the principles of nature; thus upward movement is natural to fire. In this way matrimony is not natural, nor are any of those things that come to pass at the intervention or motion of the free-will. Secondly, that is said to be natural to which nature inclines although it comes to pass through the intervention of the free-will; thus acts of virtue and the virtues themselves are called natural; and in this way matrimony is natural, because natural reason inclines thereto in two ways. First, in relation to the principal end of matrimony, namely the good of the offspring. For nature intends not only the begetting of offspring, but also its education and development until it reach the perfect state of man as man, and that is the state of virtue. Hence, according to the Philosopher (Ethic. viii, 11,12), we derive three things from our parents, namely "existence," "nourishment," and "education." Now a child cannot be brought up and instructed unless it have certain and definite parents, and this would not be the case unless there were a tie between the man and a definite woman and it is in this that matrimony consists. Secondly, in relation to the secondary end of matrimony, which is the mutual services which married persons render one another in household matters. For just as natural reason dictates that men should live together, since one is not self-sufficient in all things concerning life, for which reason man is described as being naturally inclined to political society, so too among those works that are necessary for human life some are becoming to men, others to women. Wherefore nature inculcates that society of man and woman which consists in matrimony. These two reasons are given by the Philosopher (Ethic. viii, 11,12).

  Reply to Objection 1: Man's nature inclines to a thing in two ways. In one way, because that thing is becoming to the generic nature, and this is common to all animals; in another way because it is becoming to the nature of the difference, whereby the human species in so far as it is rational overflows the genus; such is an act of prudence or temperance. And just as the generic nature, though one in all animals, yet is not in all in the same way, so neither does it incline in the same way in all, but in a way befitting each one. Accordingly man's nature inclines to matrimony on the part of the difference, as regards the second reason given above; wherefore the Philosopher (Ethic. viii, 11,12; Polit. i) gives this reason in men over other animals; but as regards the first reason it inclines on the part of the genus; wherefore he says that the begetting of offspring is common to all animals. Yet nature does not incline thereto in the same way in all animals; since there are animals whose offspring are able to seek food immediately after birth, or are sufficiently fed by their mother; and in these there is no tie between male and female; whereas in those whose offspring needs the support of both parents, although for a short time, there is a certain tie, as may be seen in certain birds. In man, however, since the child needs the parents' care for a long time, there is a very great tie between male and female, to which tie even the generic nature inclines.

  Reply to Objection 2: The assertion of Tully may be true of some particular nation, provided we understand it as referring to the proximate beginning of that nation when it became a nation distinct from others; for that to which natural reason inclines is not realized in all things, and this statement is not universally true, since Holy Writ states that there has been matrimony from the beginning of the human race.

  Reply to Objection 3: According to the Philosopher (Ethic. vii) "human nature is not unchangeable as the Divine nature is." Hence things that are of natural law vary according to the various states and conditions of men; although those which naturally pertain to things Divine nowise vary.

  Reply to Objection 4: Nature intends not only being in the offspring, but also perfect being, for which matrimony is necessary, as shown above.
 
Article: 2 

Whether matrimony still comes under a precept?

  Objection 1: It would seem that matrimony still comes under a precept. For a precept is binding so long as it is not recalled. But the primary institution of matrimony came under a precept, as stated in the text (Sent. iv, D, 26); nor do we read anywhere that this precept was recalled, but rather that it was confirmed (Mt. 19:6): "What . . . God hath joined together let no man put asunder." Therefore matrimony still comes under a precept.

  Objection 2: Further, the precepts of natural law are binding in respect of all time. Now matrimony is of natural law, as stated above (Article [1]). Therefore, etc.

  Objection 3: Further, the good of the species is better than the good of the individual, "for the good of the State is more Godlike than the good of one man" (Ethic. i, 2). Now the precept given to the first man concerning the preservation of the good of the individual by the act of the nutritive power is still in force. Much more therefore does the precept concerning matrimony still hold, since it refers to the preservation of the species.

  Objection 4: Further, where the reason of an obligation remains the same, the obligation must remain the same. Now the reason why men were bound to marry in olden times was lest the human race should cease to multiply. Since then the result would be the same, if each one were free to abstain from marriage, it would seem that matrimony comes under a precept.

  On the contrary, It is written (1 Cor. 7:38): "He that giveth not his virgin in marriage doth better [*Vulg.: 'He that giveth his virgin in marriage doth well, and he that giveth her not doth better']," namely than he that giveth her in marriage. Therefore the contract of marriage is not now a matter of precept.

   Further, no one deserves a reward for breaking a precept. Now a special reward, namely the aureole, is due to virgins [*Cf. Question [96], Article [5]]. Therefore matrimony does not come under a precept.

  I answer that, Nature inclines to a thing in two ways. In one way as to that which is necessary for the perfection of the individual, and such an obligation is binding on each one, since natural perfections are common to all. In another way it inclines to that which is necessary for the perfection of the community; and since there are many things of this kind, one of which hinders another, such an inclination does not bind each man by way of precept; else each man would be bound to husbandry and building and to such offices as are necessary to the human community; but the inclination of nature is satisfied by the accomplishment of those various offices by various individuals. Accordingly, since the perfection of the human community requires that some should devote themselves to the contemplative life to which marriage is a very great obstacle, the natural inclination to marriage is not binding by way of precept even according to the philosophers. Hence Theophrastus proves that it is not advisable for a wise man to marry, as Jerome relates (Contra Jovin. i).

  Reply to Objection 1: This precept has not been recalled, and yet it is not binding on each individual, for the reason given above, except at that time when the paucity of men required each one to betake himself to the begetting of children.

   The Replies to objections 2 and 3 are clear from what has been said.

  Reply to Objection 4: Human nature has a general inclination to various offices and acts, as already stated. But since it is variously in various subjects, as individualized in this or that one, it inclines one subject more to one of those offices, and another subject more to another, according to the difference of temperament of various individuals. And it is owing to this difference, as well as to Divine providence which governs all, that one person chooses one office such as husbandry, and another person another. And so it is too that some choose the married life and some the contemplative. Wherefore no danger threatens.
 
Article: 3 

Whether the marriage act is always sinful?

  Objection 1: It would seem that the marriage act is always sinful. For it is written (1 Cor. 7:29): "That they . . . who have wives, be as if they had none." But those who are not married do not perform the marriage act. Therefore even those who are married sin in that act.

  Objection 2: Further, "Your iniquities have divided between you and your God." Now the marriage act divides man from God wherefore the people who were to see God (Ex. 19:11) were commanded not to go near their wives (Ex. 19:20); and Jerome says (Ep. ad Ageruch.: Contra Jovini, 18) that in the marriage act "the Holy Ghost touches not the hearts of the prophets." Therefore it is sinful.

  Objection 3: Further, that which is shameful in itself can by no means be well done. Now the marriage act is always connected with concupiscence, which is always shameful. Therefore it is always sinful.

  Objection 4: Further, nothing is the object of excuse save sin. Now the marriage act needs to be excused by the marriage blessings, as the Master says (Sent. iv, D, 26). Therefore it is a sin.

  Objection 5: Further, things alike in species are judged alike. But marriage intercourse is of the same species as the act of adultery, since its end is the same, namely the human species. Therefore since the act of adultery is a sin, the marriage act is likewise.

  Objection 6: Further, excess in the passions corrupts virtue. Now there is always excess of pleasure in the marriage act, so much so that it absorbs the reason which is man's principal good, wherefore the Philosopher says (Ethic. vii, 11) that "in that act it is impossible to understand anything." Therefore the marriage act is always a sin.

  On the contrary, It is written (1 Cor. 7:28): "If a virgin marry she hath not sinned," and (1 Tim. 5:14): "I will . . . that the younger should marry," and "bear children." But there can be no bearing of children without carnal union. Therefore the marriage act is not a sin; else the Apostle would not have approved of it.

   Further, no sin is a matter of precept. But the marriage act is a matter of precept (1 Cor. 7:3): "Let the husband render the debt to his life." Therefore it is not a sin.

  I answer that, If we suppose the corporeal nature to be created by the good God we cannot hold that those things which pertain to the preservation of the corporeal nature and to which nature inclines, are altogether evil; wherefore, since the inclination to beget an offspring whereby the specific nature is preserved is from nature, it is impossible to maintain that the act of begetting children is altogether unlawful, so that it be impossible to find the mean of virtue therein; unless we suppose, as some are mad enough to assert, that corruptible things were created by an evil god, whence perhaps the opinion mentioned in the text is derived (Sent. iv, D, 26); wherefore this is a most wicked heresy.

  Reply to Objection 1: By these words the Apostle did not forbid the marriage act, as neither did he forbid the possession of things when he said (1 Cor. 7:31): "They that use this world" (let them be) "as if they used it not." In each case he forbade enjoyment [*"Fruitionem," i.e. enjoyment of a thing sought as one's last end]; which is clear from the way in which he expresses himself; for he did not say "let them not use it," or "let them not have them," but let them be "as if they used it not" and "as if they had none."

  Reply to Objection 2: We are united to God by the habit of grace and by the act of contemplation and love. Therefore whatever severs the former of these unions is always a sin, but not always that which severs the latter, since a lawful occupation about lower things distracts the mind so that it is not fit for actual union with God; and this is especially the case in carnal intercourse wherein the mind is withheld by the intensity of pleasure. For this reason those who have to contemplate Divine things or handle sacred things are enjoined not to have to do with their wives for that particular time; and it is in this sense that the Holy Ghost, as regards the actual revelation of hidden things, did not touch the hearts of the prophets at the time of the marriage act.

  Reply to Objection 3: The shamefulness of concupiscence that always accompanies the marriage act is a shamefulness not of guilt, but of punishment inflicted for the first sin, inasmuch as the lower powers and the members do not obey reason. Hence the argument does not prove.

  Reply to Objection 4: Properly speaking, a thing is said to be excused when it has some appearance of evil, and yet is not evil, or not as evil as it seems, because some things excuse wholly, others in part. And since the marriage act, by reason of the corruption of concupiscence, has the appearance of an inordinate act, it is wholly excused by the marriage blessing, so as not to be a sin.

  Reply to Objection 5: Although they are the same as to their natural species, they differ as to their moral species, which differs in respect of one circumstance, namely intercourse with one's wife and with another than one's wife; just as to kill a man by assault or by justice differentiates the moral species, although the natural species is the same; and yet the one is lawful and the other unlawful.

  Reply to Objection 6: The excess of passions that corrupts virtue not only hinders the act of reason, but also destroys the order of reason. The intensity of pleasure in the marriage act does not do this, since, although for the moment man is not being directed, he was previously directed by his reason.
 
Article: 4

Whether the marriage act is meritorious?

  Objection 1: It would seem that the marriage act is not meritorious. For Chrysostom [*Hom. i in the Opus Imperfectum, falsely ascribed to St. John Chrysostom] says in his commentary on Matthew: "Although marriage brings no punishment to those who use it, it affords them no meed." Now merit bears a relation to meed. Therefore the marriage act is not meritorious.

  Objection 2: Further, to refrain from what is meritorious deserves not praise. Yet virginity whereby one refrains from marriage is praiseworthy. Therefore the marriage act is not meritorious.

  Objection 3: Further, he who avails himself of an indulgence granted him, avails himself of a favor received. But a man does not merit by receiving a favor. Therefore the marriage act is not meritorious.

  Objection 4: Further, merit like virtue, consists in difficulty. But the marriage act affords not difficulty but pleasure. Therefore it is not meritorious.

  Objection 5: Further, that which cannot be done without venial sin is never meritorious, for a man cannot both merit and demerit at the same time. Now there is always a venial sin in the marriage act, since even the first movement in such like pleasures is a venial sin. Therefore the aforesaid act cannot be meritorious.

  On the contrary, Every act whereby a precept is fulfilled is meritorious if it be done from charity. Now such is the marriage act, for it is said (1 Cor. 7:3): "Let the husband render the debt to his wife." Therefore, etc.

   Further, every act of virtue is meritorious. Now the aforesaid act is an act of justice, for it is called the rendering of a debt. Therefore it is meritorious.

  I answer that, Since no act proceeding from a deliberate will is indifferent, as stated in the Second Book (Sent. ii, D, 40, Question [1], Article [3]; FS, Question [18], Article [9]), the marriage act is always either sinful or meritorious in one who is in a state of grace. For if the motive for the marriage act be a virtue, whether of justice that they may render the debt, or of religion, that they may beget children for the worship of God, it is meritorious. But if the motive be lust, yet not excluding the marriage blessings, namely that he would by no means be willing to go to another woman, it is a venial sin; while if he exclude the marriage blessings, so as to be disposed to act in like manner with any woman, it is a mortal sin. And nature cannot move without being either directed by reason, and thus it will be an act of virtue, or not so directed, and then it will be an act of lust.

  Reply to Objection 1: The root of merit, as regards the essential reward, is charity itself; but as regards an accidental reward, the reason for merit consists in the difficulty of an act; and thus the marriage act is not meritorious except in the first way.

  Reply to Objection 2: The difficulty required for merit of the accidental reward is a difficulty of labor, but the difficulty required for the essential reward is the difficulty of observing the mean, and this is the difficulty in the marriage act.

  Reply to Objection 3: First movements in so far as they are venial sins are movements of the appetite to some inordinate object of pleasure. This is not the case in the marriage act, and consequently the argument does not prove.

Question: 42  OF MATRIMONY AS A SACRAMENT (FOUR ARTICLES)

   We must next consider matrimony as a sacrament. Under this head there are four points of inquiry:

    (1) Whether matrimony is a sacrament?

    (2) Whether it ought to have been instituted before sin was committed?

    (3) Whether it confers grace?

    (4) Whether carnal intercourse belongs to the integrity of matrimony?
 
Article: 1  

Whether matrimony is a sacrament?

  Objection 1: It would seem that matrimony is not a sacrament. For every sacrament of the New Law has a form that is essential to the sacrament. But the blessing given by the priest at a wedding is not essential to matrimony. Therefore it is not a sacrament.

  Objection 2: Further, a sacrament according to Hugh (De Sacram. i) is "a material element." But matrimony has not a material element for its matter. Therefore it is not a sacrament.

  Objection 3: Further, the sacraments derive their efficacy from Christ's Passion. But matrimony, since it has pleasure annexed to it, does not conform man to Christ's Passion, which was painful. Therefore it is not a sacrament.

  Objection 4: Further, every sacrament of the New Law causes that which it signifies. Yet matrimony does not cause the union of Christ with the Church, which union it signifies. Therefore matrimony is not a sacrament.

  Objection 5: Further, in the other sacraments there is something which is reality and sacrament. But this is not to be found in matrimony, since it does not imprint a character, else it would not be repeated. Therefore it is not a sacrament.

  On the contrary, It is written (Eph. 5:32): "This is a great sacrament." Therefore, etc.

   Further, a sacrament is the sign of a sacred thing. But such is Matrimony. Therefore, etc.

  I answer that, A sacrament denotes a sanctifying remedy against sin offered to man under sensible signs [*Cf. TP, Question [61], Article [1]; TP, Question [65], Article [1]]. Wherefore since this is the case in matrimony, it is reckoned among the sacraments.

  Reply to Objection 1: The words whereby the marriage consent is expressed are the form of this sacrament, and not the priest's blessing, which is a sacramental.

  Reply to Objection 2: The sacrament of Matrimony, like that of Penance, is perfected by the act of the recipient. Wherefore just as Penance has no other matter than the sensible acts themselves, which take the place of the material element, so it is in Matrimony.

  Reply to Objection 3: Although Matrimony is not conformed to Christ's Passion as regards pain, it is as regards charity, whereby He suffered for the Church who was to be united to Him as His spouse.

  Reply to Objection 4: The union of Christ with the Church is not the reality contained in this sacrament, but is the reality signified and not contained---and no sacrament causes a reality of that kind---but it has another both contained and signified which it causes, as we shall state further on (ad 5). The Master, however (Sent. iv, D, 26), asserts that it is a non-contained reality, because he was of opinion that Matrimony has no reality contained therein.

  Reply to Objection 5: In this sacrament also those three things [*Cf. TP, Question [66], Article [1]] are to be found, for the acts externally apparent are the sacrament only; the bond between husband and wife resulting from those acts is reality and sacrament; and the ultimate reality contained is the effect of this sacrament, while the non-contained reality is that which the Master assigns (Sent. iv, D, 26).
 
Article: 2 

Whether this sacrament ought to have been instituted before sin was committed?

  Objection 1: It would seem that Matrimony ought not to have been instituted before sin. Because that which is of natural law needs not to be instituted. Now such is Matrimony, as stated above (Question [41], Article [1]). Therefore it ought not to have been instituted.

  Objection 2: Further, sacraments are medicines against the disease of sin. But a medicine is not made ready except for an actual disease. Therefore it should not have been instituted before sin.

  Objection 3: Further, one institution suffices for one thing. Now Matrimony was instituted also after sin, as stated in the text (Sent. iv, D, 26). Therefore it was not instituted before sin.

  Objection 4: Further, the institution of a sacrament must come from God. Now before sin, the words relating to Matrimony were not definitely said by God but by Adam; the words which God uttered (Gn. 1:22), "Increase and multiply," were addressed also to the brute creation where there is no marriage. Therefore Matrimony was not instituted before sin.

  Objection 5: Further, Matrimony is a sacrament of the New Law. But the sacraments of the New Law took their origin from Christ. Therefore it ought not to have been instituted before sin.

  On the contrary, It is said (Mt. 19:4): "Have ye not read that He Who made man from the beginning 'made them male and female'"?

   Further, Matrimony was instituted for the begetting of children. But the begetting of children was necessary to man before sin. Therefore it behooved Matrimony to be instituted before sin.

  I answer that, Nature inclines to marriage with a certain good in view, which good varies according to the different states of man, wherefore it was necessary for matrimony to be variously instituted in the various states of man in reference to that good. Consequently matrimony as directed to the begetting of children, which was necessary even when there was no sin, was instituted before sin; according as it affords a remedy for the wound of sin, it was instituted after sin at the time of the natural law; its institution belongs to the Mosaic Law as regards personal disqualifications; and it was instituted in the New Law in so far as it represents the mystery of Christ's union with the Church, and in this respect it is a sacrament of the New Law. As regards other advantages resulting from matrimony, such as the friendship and mutual services which husband and wife render one another, its institution belongs to the civil law. Since, however, a sacrament is essentially a sign and a remedy, it follows that the nature of sacrament applies to matrimony as regards the intermediate institution; that it is fittingly intended to fulfill an office of nature as regards the first institution; and. as regards the last-mentioned institution, that it is directed to fulfill an office of society.

  Reply to Objection 1: Things which are of natural law in a general way, need to be instituted as regards their determination which is subject to variation according to various states; just as it is of natural law that evil-doers be punished, but that such and such a punishment be appointed for such and such a crime is determined by positive law.

  Reply to Objection 2: Matrimony is not only for a remedy against sin, but is chiefly for an office of nature; and thus it was instituted before sin, not as intended for a remedy.

  Reply to Objection 3: There is no reason why matrimony should not have had several institutions corresponding to the various things that had to be determined in connection with marriage. Hence these various institutions are not of the same thing in the same respect.

  Reply to Objection 4: Before sin matrimony was instituted by God, when He fashioned a helpmate for man out of his rib, and said to them: "Increase and multiply." And although this was said also to the other animals, it was not to be fulfilled by them in the same way as by men. As to Adam's words, he uttered them inspired by God to understand that the institution of marriage was from God.

  Reply to Objection 5: As was clearly stated, matrimony was not instituted before Christ as a sacrament of the New Law.

Article: 3  

Whether matrimony confers grace?

  Objection 1: It would seem that matrimony does not confer grace. For, according to Hugh (De Sacram. i) "the sacraments, by virtue of their sanctification, confer an invisible grace." But matrimony has no sanctification essential to it. Therefore grace is not conferred therein.

  Objection 2: Further, every sacrament that confers grace confers it by virtue of its matter and form. Now the acts which are the matter in this sacrament are not the cause of grace (for it would be the heresy of Pelagius to assert that our acts cause grace); and the words expressive of consent are not the cause of grace, since no sanctification results from them. Therefore grace is by no means given in matrimony.

  Objection 3: Further, the grace that is directed against the wound of sin is necessary to all who have that wound. Now the wound of concupiscence is to be found in all. Therefore if grace were given in matrimony against the wound of concupiscence, all men ought to contract marriage, and it would be very stupid to refrain from matrimony.

  Objection 4: Further, sickness does not seek a remedy where it finds aggravation. Now concupiscence is aggravated by concupiscence, because, according to the Philosopher (Ethic. iii, 12), "the desire of concupiscence is insatiable, and is increased by congenial actions." Therefore it would seem that grace is not conferred in matrimony, as a remedy for concupiscence.

  On the contrary, Definition and thing defined should be convertible. Now causality of grace is included in the definition of a sacrament. Since, then, matrimony is a sacrament, it is a cause of grace.

   Further, Augustine says (De Bono Viduit. viii; Gen. ad lit. ix, 7) that "matrimony affords a remedy to the sick." But it is not a remedy except in so far as it has some efficacy. Therefore it has some efficacy for the repression of concupiscence. Now concupiscence is not repressed except by grace. Therefore grace is conferred therein.

  I answer that, There have been three opinions on this point. For some [*Peter Lombard, Sent. iv, D, 2] said that matrimony is nowise the cause of grace, but only a sign thereof. But this cannot be maintained, for in that case it would in no respect surpass the sacraments of the Old Law. Wherefore there would be no reason for reckoning it among the sacraments of the New Law; since even in the Old Law by the very nature of the act it was able to afford a remedy to concupiscence lest the latter run riot when held in too strict restraint.

   Hence others [*St. Albert Magnus, Sent. iv, D, 26] said that grace is conferred therein as regards the withdrawal from evil, because the act is excused from sin, for it would be a sin apart from matrimony. But this would be too little, since it had this also in the Old Law. And so they say that it makes man withdraw from evil, by restraining the concupiscence lest it tend to something outside the marriage blessings, but that this grace does not enable a man to do good works. But this cannot be maintained, since the same grace hinders sin and inclines to good, just as the same heat expels cold and gives heat.

   Hence others [*St. Bonaventure, Sent. iv, D, 26] say that matrimony, inasmuch as it is contracted in the faith of Christ, is able to confer the grace which enables us to do those works which are required in matrimony. and this is more probable, since wherever God gives the faculty to do a thing, He gives also the helps whereby man is enabled to make becoming use of that faculty; thus it is clear that to all the soul's powers there correspond bodily members by which they can proceed to act. Therefore, since in matrimony man receives by Divine institution the faculty to use his wife for the begetting of children, he also receives the grace without which he cannot becomingly do so; just as we have said of the sacrament of orders (Question [35], Article [1]). And thus this grace which is given is the last thing contained in this sacrament.

  Reply to Objection 1: Just as the baptismal water by virtue of its contact with Christ's body [*Cf. TP, Question [66], Article [3], ad 4] is able to "touch the body and cleanse the heart" [*St. Augustine, Tract. lxxx in Joan.], so is matrimony able to do so through Christ having represented it by His Passion, and not principally through any blessing of the priest.

  Reply to Objection 2: Just as the water of Baptism together with the form of words results immediately not in the infusion of grace, but in the imprinting of the character, so the outward acts and the words expressive of consent directly effect a certain tie which is the sacrament of matrimony; and this tie by virtue of its Divine institution works dispositively [*Cf. Question [18], Article [1], where St. Thomas uses the same expression; and Editor's notes at the beginning of the Supplement and on that Article] to the infusion of grace.

  Reply to Objection 3: This argument would hold if no more efficacious remedy could be employed against the disease of concupiscence; but a yet more powerful remedy is found in spiritual works and mortification of the flesh by those who make no use of matrimony.

  Reply to Objection 4: A remedy can be employed against concupiscence in two ways. First, on the part of concupiscence by repressing it in its root, and thus matrimony affords a remedy by the grace given therein. Secondly, on the part of its act, and this in two ways: first, by depriving the act to which concupiscence inclines of its outward shamefulness, and this is done by the marriage blessings which justify carnal concupiscence; secondly, by hindering the shameful act, which is done by the very nature of the act. because concupiscence, being satisfied by the conjugal act, does not incline so much to other wickedness. For this reason the Apostle says (1 Cor. 7:9): "It is better to marry than to burn." For though the works congenial to concupiscence are in themselves of a nature to increase concupiscence, yet in so far as they are directed according to reason they repress concupiscence, because like acts result in like dispositions and habits.
 
Article: 4 

Whether carnal intercourse is an integral part of this sacrament?

  Objection 1: It would seem that carnal intercourse is an integral part of marriage. For at the very institution of marriage it was declared (Gn. 2:24): "They shall be two in one flesh." Now this is not brought about save by carnal intercourse. Therefore it is an integral part of marriage.

  Objection 2: Further, that which belongs to the signification of a sacrament is necessary for the sacrament, as we have stated above (Article [2]; Question [9], Article [1]). Now carnal intercourse belongs to the signification of matrimony, as stated in the text (Sent. iv, D, 26). Therefore it is an integral part of the sacrament.

  Objection 3: Further, this sacrament is directed to the preservation of the species. But the species cannot be preserved without carnal intercourse. Therefore it is an integral part of the sacrament.

  Objection 4: Further, Matrimony is a sacrament inasmuch as it affords a remedy against concupiscence; according to the Apostle's saying (1 Cor. 7:9): "It is better to marry than to burn." But it does not afford this remedy to those who have no carnal intercourse. Therefore the same conclusion follows as before.

  On the contrary, There was matrimony in Paradise, and yet there was no carnal intercourse. Therefore carnal intercourse is not an integral part of matrimony.

   Further, a sacrament by its very name denotes a sanctification. But matrimony is holier without carnal intercourse, according to the text (Sent. D, 26). Therefore carnal intercourse is not necessary for the sacrament.

  I answer that, Integrity is twofold. One regards the primal perfection consisting in the very essence of a thing; the other regards the secondary perfection consisting in operation. Since then carnal intercourse is an operation or use of marriage which gives the faculty for that intercourse, it follows, that carnal intercourse belongs to the latter, and not to the former integrity of marriage [*Cf. TP, Question [29], Article [2] ].

  Reply to Objection 1: Adam expressed the integrity of marriage in regard to both perfections, because a thing is known by its operation.

  Reply to Objection 2: Signification of the thing contained is necessary for the sacrament. Carnal intercourse belongs not to this signification, but to the thing not contained, as appears from what was said above (Article [1], ad 4,5).

  Reply to Objection 3: A thing does not reach its end except by its own act. Wherefore, from the fact that the end of matrimony is not attained without carnal intercourse, it follows that it belongs to the second and not to the first integrity.

  Reply to Objection 4: Before carnal intercourse marriage is a remedy by virtue of the grace given therein, although not by virtue of the act, which belongs to the second integrity.

Question: 43  OF MATRIMONY WITH REGARD TO THE BETROTHAL (THREE ARTICLES)

   In the next place we must consider matrimony absolutely; and here we must treat (1) of the betrothal; (2) of the nature of matrimony; (3) of its efficient cause, namely the consent; (4) of its blessings; (5) of the impediments thereto; (6) of second marriages; (7) of certain things annexed to marriage.

   Under the first head there are three points of inquiry:

    (1) What is the betrothal?

    (2) Who can contract a betrothal?

    (3) Whether a betrothal can be canceled?
 
Article: 1  

Whether a betrothal is a promise of future marriage?

  Objection 1: It would seem that a betrothal is not rightly defined "a promise of future marriage," as expressed in the words of Pope Nicholas I (Resp. ad Consul. Bulgar., iii). For as Isidore says (Etym. iv), "a man is betrothed not by a mere promise, but by giving his troth [spondet] and providing sureties [sponsores]". Now a person is said to be betrothed by reason of his betrothal. Therefore it is wrongly described as a promise.

  Objection 2: Further, whoever promises a thing must be compelled to fulfill his promise. But those who have contracted a betrothal are not compelled by the Church to fulfill the marriage. Therefore a betrothal is not a promise.

  Objection 3: Further, sometimes a betrothal does not consist of a mere promise, but an oath is added, as also certain pledges. Therefore seemingly it should not be defined as a mere promise.

  Objection 4: Further, marriage should be free and absolute. But a betrothal is sometimes expressed under a condition even of money to be received. Therefore it is not fittingly described as a promise of marriage.

  Objection 5: Further, promising about the future is blamed in James 4:13, seqq. But there should be nothing blameworthy about the sacraments. Therefore one ought not to make a promise of future marriage.

  Objection 6: Further, no man is called a spouse except on account of his espousals. But a man is said to be a spouse on account of actual marriage, according to the text (Sent. iv, D, 27). Therefore espousals are not always a promise of future marriage.

  I answer that, Consent to conjugal union if expressed in words of the future does not make a marriage, but a promise of marriage; and this promise is called "a betrothal from plighting one's troth," as Isidore says (Etym. iv). For before the use of writing-tablets, they used to give pledges of marriage, by which they plighted their mutual consent under the marriage code, and they provided guarantors. This promise is made in two ways, namely absolutely, or conditionally. Absolutely, in four ways: firstly, a mere promise, by saying: "I will take thee for my wife," and conversely; secondly, by giving betrothal pledges, such as money and the like; thirdly, by giving an engagement ring; fourthly, by the addition of an oath. If, however, this promise be made conditionally, we must draw a distinction; for it is either an honorable condition, for instance if we say: "I will take thee, if thy parents consent," and then the promise holds if the condition is fulfilled, and does not hold if the condition is not fulfilled; or else the condition is dishonorable, and this in two ways: for either it is contrary to the marriage blessings, as if we were to say: "I will take thee if thou promise means of sterility," and then no betrothal is contracted; or else it is not contrary to the marriage blessings, as were one to say: "I will take thee if thou consent to my thefts," and then the promise holds, but the condition should be removed.

  Reply to Objection 1: The betrothal itself and giving of sureties are a ratification of the promise, wherefore it is denominated from these as from that which is more perfect.

  Reply to Objection 2: By this promise one party is bound to the other in respect of contracting marriage; and he who fulfills not his promise sins mortally, unless a lawful impediment arise; and the Church uses compulsion in the sense that she enjoins a penance for the sin. But he is not compelled by sentence of the court, because compulsory marriages are wont to have evil results; unless the parties be bound by oath, for then he ought to be compelled, in the opinion of some, although others think differently on account of the reason given above, especially if there be fear of one taking the other's life.

  Reply to Objection 3: Such things are added only in confirmation of the promise, and consequently they are not distinct from it.

  Reply to Objection 4: The condition that is appended does not destroy the liberty of marriage; for if it be unlawful, it should be renounced; and if it be lawful, it is either about things that are good simply, as were one to say, "I will take thee, if thy parents consent," and such a condition does not destroy the liberty of the betrothal, but gives it an increase of rectitude. or else it is about things that are useful, as were one to say: "I will marry thee if thou pay me a hundred pounds," and then this condition is appended, not as asking a price for the consent of marriage, but as referring to the promise of a dowry; so that the marriage does not lose its liberty. Sometimes, however, the condition appended is the payment of a sum of money by way of penalty, and then, since marriage should be free, such a condition does not hold, nor can such a penalty be exacted from a person who is unwilling to fulfill the promise of marriage.

  Reply to Objection 5: James does not intend to forbid altogether the making of promises about the future, but the making of promises as though one were certain of one's life; hence he teaches that we ought to add the condition. "If the Lord will," which, though it be not expressed in words, ought nevertheless to be impressed on the heart.

  Reply to Objection 6: In marriage we may consider both the marriage union and the marriage act; and on account of his promise of the first as future a man is called a "spouse" from his having contracted his espousals by words expressive of the future; but from the promise of the second a man is called a "spouse," even when the marriage has been contracted by words expressive of the present, because by this very fact he promises [spondet] the marriage act. However, properly speaking, espousals are so called from the promise [sponsione] in the first sense, because espousals are a kind of sacramental annexed to matrimony, as exorcism to baptism.
 
Article: 2  

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.
 
Article: 3  

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 (Question [61], Article [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" (Wis. 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.

Question: 44  OF THE DEFINITION OF MATRIMONY (THREE ARTICLES)

   We must now consider the nature of matrimony. Under this head there are three points of inquiry:

    (1) Whether matrimony is a kind of joining?

    (2) Whether it is fittingly named?

    (3) Whether it is fittingly defined?
 
Article: 1  

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 (Gn. 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. TP, Question [66], Article [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.
 
Article: 2  

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.
 
Article: 3 

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 Cor. 11:9), the "man is not [Vulg.: '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.

Question: 45  OF THE MARRIAGE CONSENT CONSIDERED IN ITSELF (FIVE ARTICLES)

   In the next place we have to consider the consent; and the first point to discuss is the consent considered in itself; the second is the consent confirmed by oath or by carnal intercourse; the third is compulsory consent and conditional consent; and the fourth is the object of the consent.

   Under the first head there are five points of inquiry:

    (1) Whether the consent is the efficient cause of matrimony?

    (2) Whether the consent needs to be expressed in words?

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

    (4) Whether consent given in words expressive of the present, without inward consent, makes a true marriage outwardly?

    (5) Whether consent given secretly in words expressive of the present makes a marriage?
 
Article: 1  

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; TP, Question [64], Article [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 (Question [44], Article [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 Cor. 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 (Question [44], Article [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.

Article: 2 

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.

Article: 3 

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.

Article: 4  

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 (Question [44], Article [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.
 
Article: 5 

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.

Question: 46  OF THE CONSENT TO WHICH AN OATH OR CARNAL INTERCOURSE IS APPENDED (TWO ARTICLES)

   We must now consider the consent to which an oath or carnal intercourse is appended. Under this head there are two points of inquiry:

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

    (2) Whether carnal intercourse supervening to such a consent makes a marriage?
 
Article: 1 

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 Mt. 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 (Heb. 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.
 
Article: 2 

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 (Question [45], Article [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.

Question: 47  OF COMPULSORY AND CONDITIONAL CONSENT (SIX ARTICLES)

   We must now consider compulsory and conditional consent. Under this head there are six points of inquiry:

    (1) Whether compulsory consent is possible?

    (2) Whether a constant man can be compelled by fear?

    (3) Whether compulsory consent invalidates marriage?

    (4) Whether compulsory consent makes a marriage as regards the party using compulsion?

    (5) Whether conditional consent makes a marriage?

    (6) Whether one can be compelled by one's father to marry?
 
Article: 1 

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 [*FS, Question [6], Article [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. FS, Question [6], Article [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.
 
Article: 2

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 (Gn. 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" (Prov. 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.
 
Article: 3 

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 Thess 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.
 
Article: 4  

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.
 
Article: 5  

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, i