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 IMPEDIMENTS

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IMPEDIMENTS

obligation by vow towards God is an obstacle to any marriage; consequently it too is an absolute proliibi- tory impediment (see Chastity, and Vow). (3) Mixed Marriage. — Whereas the marriage of a baptized per- son with an infidel is null and void, the marriage of a Catholic with a baptized non-Catholic is the object of a prohibitory impediment, mixed religion {mixta re- ligio); it is therefore a relative impediment. For the dispensation in case of mixed marriages and the condi- tions attached to it see Mixed Mabriages. (4) Veti- tum Ecclesiw, a prohibition, in the form of a precept, imposed by ecclesiastical authority on a particular individual, would also be a personal impediment if it had a general character; it affects only the capacity of an individual. This precept is imposed to delay a mar- riage until a given condition has been fulfilled, for instance, till the removal of the obstacle to a marriage arising from a preceding betrothal to another person. (5) Forbidden times {tempus clausum, tern pus feriatum) is only an impediment improperly so-called, because it does not affect the personal capacity of the contract- ing parties, and, because it prohibits, not the marriage itself, but only the solemn celebration of the marriage; although, in truth, it is used commonly as if it forbade the marriage. These forbidden periods, though for- merly much longer, were reduced by the Council of Trent (Sess. XXIV, cap. x, " De Reform. Matrim.") to the two following times: from Advent to the Epiph- any, and from Ash Wednesday to Low Sunday.

B. Diriment impediments, that is to say those that render the marriage null and void, form three groups: (1) Impediments properly so called, which are personal incapacities, some absolute, some relative. Two arise from the physical incapacity of the subject : impuberty and impotency. Puberty is the state of physical devel- opment requisite for generation. The age of puberty varies with the individual and the climate; the legal presumption of the Roman law fixed it at twelve years for girls and fourteen for boys. The church has fol- lowed this rule or presumption, but it has not made want of a fixed age an impechment properly so-called which would render the marriage void under every hypothesis. It is presumed that young people reach the age of puberty at twelve and fourteen; it is pre- sumed that they do not reach it before this time; but if as a matter of fact they have reached it, and a mar- riage be necessitated by the circumstances of the case (quando malitia siipplet ceiatem). the marriage is valid without dispensation. Formerly real dispensations from this impediment were granted, but on the condi- tion that the common life should begin only later. I m potency is the state of one who is incapable of nor- mal sexual relations. It is clear that an impotent person cannot validly contract marriage since he is physically incapable of realizing its object. For this particular impediment we must refer to the technical treatises on the subject and limit ourselves to some conclusions. The impotency which is a cause of nullity is the incapacity of having conjugal relations (impotenlia coeundi), not incapacity of engendering (impotentia generandi), in other words, sterility. No one is presumed impotent once he has reached the legal or real age of puberty; consequently, no one, except eunuchs, can be prevented by authority from marrying (Si.xtus V, 27 June, 1587). The different classifications of impotency, absolute or relative, antecedent or subsequent, perpetual or temporal, to be met with in various treatises, are of no practical importance now. Only perpetual antecedent impo- tency is a cause of nullity; nowadays it is seldom nec- essary to examine too closely into this matter, as all cases arising from it are treated as far as possible under the form of dispensations of non-consummated mar- riages.

Next we have an impediment based on the presump- tion of want of consent, abduction (raptus). In as far as it is an impediment, it is the incapacity of the abduc-

tor of contracting valid marriage with the woman whom he has aliducted, until she has first been allowed to go free. Two impediments arise from rehgious obhgations which exclude marriage with any person whosoever they are: A solemn vow (votum), that is to say, a vow taken in an order that has a solemn pro- fession of its members, whether men or women; and Holy orders (ordo), that is to say, the sub-diaconate and major orders. Another impediment of a religious nature is that called disparity of worship {cultus dis- paritas) ; it renders void the marriage of a Christian with an infidel, that is, of a baptized person with one who is unbaptized (see Dispaeity of Worship). Next in order we have a previous matrimonial engagement {ligamen), an impediment rendered void any marriage of a married person, during the lifetime of the person to whom he or she has been validl.y married. The re- spect due to marriage has caused to be prohibited the union of persons who have attacked the sanctity of the marriage of one or other of the parties by killing his or her partner, or by commiting adultery with a promise of marriage or an attempted marriage; that is the impediment of crime (crimen). (See Crime.)

Finally, respect due to family and kin forms the basis of the impediment of relationship (cognatio), which occurs in five forms: (a) natural relationship or community of blood (consanguinitas), which prohibits all marriages in the direct ascending or descending line in infinitum, and in the collateral line to the fourth degree or fourth generation; (b) aUiance or affinity {affniita^), which establishes a bond of relationship between each of the married parties and the blood relations of the other, and forbids marriage between them to the fourth degree. Sucli is the case when the affinity springs from conjugal relations; but as canon law considers affinity to spring also from illicit inter- course, there is an illicit affinity which annuls marriage to the second degree only; (c) public decorum (hones- tas publico), a legal anticipation of affinity; those who will be related by the consummation of marriage are already looked upon as related when they are be- trothed or have only ratified the marriage contract. This impediment is as extensive as affinity, if it springs from a reception of the Sacrament of Matrimony; if it arises solely from betrothal it extends only to the first degree; (d) spiritual relationship {cognatio spiritualis). Spiritual birth has been considered as producing a kind of relationship between those who took an active part in the rites of Christian initiation, baptism, and confirmation, and marriage between them is forbidden. The impediment arising from these sacraments has been restricted by the Council of Trent (Sess. XXIV, cap. ii, " De Ref. Matri.") ; it prevents the marriage of the sponsor with the child or with the child's parents, also the marriage of the minister of the sacrament with the person baptized or confirmed and with his parents. But we must remark that as far as the Sacrament of Confirmation is concerned there can be no question of the marriage of the minister; also as confirmation re- quires only one sponsor, who must be the same se.x as the person confirmed, this impediment cannot arise between them ; the only case therefore where it would occur is in a marriage of the sponsor in confirmation with the parent of the child, which would be null and void; (e) Lastly there is the purely legal relationship of adoption, with the prohibitions of marriage attached to it in Roman law; the church has merely accepted and ratified them.

(2) The second kind comprises the only diriment impediment that is based on a question of form, to wit, clandestinity.

(3) Next we have the impediments, improperly so called, which do not affect the capacity of the agent, the nullity of the marriage being caused by a defect of consent. This defect may arise from the intellect or the will; hence we have two classes. Arising from the intellect, we have: insanity; and total ignorance, even