Page:Catholic Encyclopedia, volume 9.djvu/753

 700 MARRIAOB

marriage contract, but would impose the duty of riage bond is sacred; married life mnbolises the union

providmg for, and educating, children on the State, between Christ and His Chimsh (Ephes., v, 22 sqq.).

The ethical value of marriage is certainly lowered by and the Church protects both by such rules as wul

siich views. Marriage, thoueh contracted to preserve maintain their Christian characteristics under a&

order, would still remain subject to human caprice, circumstances.

It would not bind the couple to an inseparable union. C. The moral law looks to the conduct of those who

It would exclude polyandry, but not polygamy or marry; canon law regulates matrimonial courts of the

divorce. By principles borrowed from Christian Church. There is no marked point of difference be-

tradition, polygamy, strange to say, is proscribed tween them; they rather form a conoplete system of

even by those whose ethics of marriage are naturalistic, legislation concerning the Sacmment of Marriage. Of

evolutionary and socialistic. course baptized persons alone receive the sacraments.

II. Marriage in the Christian Dispensation. — Some theologians regard a marriage in which only one

Christ revoked the dispensation granted in the Mosaic party is baptised as a sacrament. Whether those

law. He promulgated the original Divine law of who have been baptized, but are not members of the

monogamic and indissoluble marriage; in addition, body of the Church, or unbaptized persons are ez-

He raised marriage to the dignity of a sacrament empt from all purely Church matrimonial law is a

(Gen., ii, 24; Matt., xix, 3 sqq.; Luke, xvi, 15 sqq.; disputed (question.

Mark, x, 11 sqq.; I Cor., vii, 2 sqq.). "If any one D. As citizens of the State, Christians should oer-

should say, matrimony is not truly and properly one tainly comply with the civil laws regulating marriage

of the seven sacraments of the Gospel law, instituted for certain civil effects, though they must not consider

byChrist, butan invention of man, notconferringcrooe, the marriage contract as something distinct from the

let him be anathema'' (Council of Trent, Sess. aXI, sacrament, for the two are inse^rable. One result

can. 1). Under the Christian law, therefore, the mar- of the defection from the Church m the sixteenth cen-

riage contract and the sacrament are inseparable and tury was a belief that marriage is a civil ceremony,

incu visible; for, in virtue of Christ's legislative act. The opinion of several canonists, who, wishing to jus-

the consent in marriage produces, besides sanctifying tify this view, taught that the contract of mamago

grace, its peculiar sacramental grace. Whenever the might possibly be separated from tfa« sacrament, was

marriage contract is duly made, the sacrament is trulv condemned in the syllabus of Pius IX in 1864 (num-

effected. That is undoubtedly the case when both bers 65 and 66). It is likewise erroneous to consider

parties to marriage are by baptism members of the the priest the minister of ^he sacrament; he is the au-

mystical body of Christ, for ' * This is a great sacrament; thonzed witness of the Church to the contract. The

but I speak m Christ and in the church" (Ephes., v, parties contracting really administer the sacrament to

32). Hence the moral and canonical aspect of matri- themselves.

mony in the Christian dispensation is necessarily E. It is historical fact that the Church alwajrs recog-

determined by the sacramental character of the mar- nized the right of the State to legislate in certain r&-

riage contract. spects concerning marriage, on account of its civil ef-

A. The Church being the Divinely appointed custo- fects. The enactment of laws fixing the dowry, the dian of aU sacraments, it belongs to her jurisdiction to right of succession, alimonv and other like matters, interpret and apply the Divine law of marriage. She belongs to the secular authorities, according to ths cannot repeal or change that law. Marriage is, in its common teaching of canonists. When, however, the essentii^ requirements, ever the same, monogamic and State enacts laws inimical to the marriage laws <tf indissoluble. The contract validly made and consum- the Church, practically denying her right to protect mated is dissolved by death alone. However, the the sacred character of matrimony,she cannot auow her Church must determine what is re<)uired for a valid children to submit to such enactments. She respects and licit marriage contract. Doubt in so grave a mat- the requirements of the State for the marriages of its ter, or uncertainty as to the form and duties of mar- citizens as long as those requirements are for the com- riage, would be disastrous for the temporal and spirit- mon good, and in keeping with the dignity and Di- ualgood of individuals and of society. The Church vine purpose of marriage. Thus, for instance, she safeguards the sacramental contract by unremitting recognizes that a defect of mind or a lack dF nroper solicitude and directs the consciences and conduct (3 discretion is an impediment to matrimony. Certain those who marry by moral teaching and canonical defects of bod v,parUcularlyimpotency,disqu2difylike- l^slation. The procedure of her courts in cases wise. The Church, on the other hand, justly expccta where the validity or legality of amarriage is involved, the State to treat her laws, such as those of celibacy^ is ordered by admirable insight. The Church derives with respect (see SchmalzgrOber. vol. IV, part I, sect, her power to lenslate in matrimonial affairs, not from 2; and vc^. IX, part II, title 22, for obsolete canonical the State, but from Christ; and acts, not on suffer- rules). A marriage is said to be canonical or civil: ance, but by Divine ri^ht. She recognizes the duty of canonical, when contracted in accordance with Church the State to take cognizance of Christian mairiage, in law; civil, if the ordinances of civil law are observed, order to insure certain civic effecte, but her jurisdio- In addition, we sometimes speak of a secret marriage, tion is superior and of Divine origin. or a marriage of conscience, that is, a marriage oC

B. The laws of the Church governing Christian which the banns have not been published, celebrated marriage are fundamental and unchangeable laws; or by the parish priest and witnesses under bond of

accidental, circumstantial, and changeable laws. The crecy, with the bishop's permission. A true marria^

natural law. Divine revealed law, and the Apostolic is one duly contractCNd and capable of being proved m

law of marriage are interpreted by the Church, but the ordinary way; a presumptive marriage, when the

never repealed or dispensed from. Circumstantial law presumes a marriage to exist; a putative marriage,

laws are enacted by the Church, and may vary or be when it is believed to be valid, but is in reality null

repealed. Hence disciplinary laws, regulating solem- and void, owing to the existence of a hidden diiiment

nities to be observed m marriage, and laws defining impediment.

qualifications of parties to marry, are not so rigid as There is, again, a special kind of marriage which

to admit of no change, if the Church sees fit to chanee needs explanation here. When a prince or a member

them, owing to difference of time and place; the of a ruling house weds a woman of inferior rank, es-

chan^e too may affect the validity or the legality of a pedaliv if her family is plebeian, the marriage is

mamage. The Church, therefore, has laid down the generally known as a mor^natic marriage. In this

conditions requisite for the validity of the matrimonial case it is as valid and licit before the Church as any

consent on the part of those who marry, and has legis- other lawful marriage, but there are certain civil dis-

lated on their respective rights and duties. The mar- abilities. First, the children bom in such wedlodc