Systematic Index

chosen (i.e. not by a prince) 305, 339, 363, 960, 967, 1552; initiated into previous orders 454, and instructed with a due title 1551, 1553, C968 sec. 1, C973 ff., free from irregularities C983 ff., from which nevertheless he can be dispensed 1556, C990 f.; even monks can be ordained 90, 1580, C964. Simony in ordinations is condemned 354, 358 f., C729. Those validly ordained cannot be deprived of the (licit) use of the power 67, C2278.

Matrimony

XII o The espousal which precedes matrimony is under the power of the Church 1558, 2066, not the civil court 1774.

Matrimony is the association of a man and a woman 1853, divinely instituted 2225, subject to no merely human laws 2225, signifying the union of Christ with the Church 702, 2236, elevated by Christ to the dignity of a sacrament 88a, 144, 367, 402, 406, 424, 465, 490, 702, 969 f., 971, 1640, 1765, 1853, 2051, 2225, 2237, so that the contract itself is a sacrament 1766, 1854, C1012, and between the faithful there can be no valid contract without its being at the same time a sacrament 1640, 1773,* 2237, 5006; hence it is invalidated by a condition added against its nature, while a condition of something shameful is considered as not added 466, C1092.

The form of this sacrament is not the nuptial blessing 1766, but the very expressed consent itself alone 334, 397, 404, 702, 2225, 2237, C1081; which regularly is made in words in the presence 702, C1088 sec. 2, but can be made by signs 404, C1086 sec. 1, C1088 sec. a, in a legitimate way 990 ff., so the ecclesiastical form is valid, if no other civil form stands in the way 990 f., 1771, 1991 ff., 2067 ff.

Christian marriage is either sanctioned or consummated 976, C1015.

The end is the corporal increase of the Church 695, 2229.

The effect is grace sanctifying the marital union 969 ff., 2237, with a right to actual graces 2237 ff., C1110, and the threefold good: of the child, of faith, of indivisibility 702, 2227 ff., C1013; hence it follows that the unity of marriage is of divine natural law 1767, 2231, excluding polyandry and polygamy 88a, 408, 465, 969, 972, 1853, 2231, C1110, and indissolubility 52a, 88a, 250, 301, 395 f., 424, 702, 969, 975, 977, 1470, 1865, 2225, 2234 f., 2249 f., C1110, which is befitting marriage even only natural and legitimate 1767,* 2250.

Imperfect divorce can sometimes be decreed by the Church 702, 978, not, however, by the civil power alone 1640, 1767, 1865, C1129; perfect divorce is possible in a marriage that is sanctioned only 395 f., 2236, and is done especially by solemn profession 396 f., 409, 976, C1119, and by pontifical dispensation C1119; in one that is consummated it can in no way be done 406, 702, 969, 975, 977, 1470, 2236, C1118, except by the force of the Pauline privilege 405, 408, 2236, C1120.

The subject: A man and a woman capable and free from impediments 362, 407, 973, 979, 1853, C1035, which (impediments) are either impeding or invalidating 973 f., C1036 ff.; pagans are not under all of these 407.

Such impediments cannot be established or taken away by the civil power 1560, 1770 f., but by the Church alone 973 f., 1500a, 1559, 1768 ff., C1016, C1038. (Bonif. VIII was not the first to assert the impediment of orders 1772). Matrimonial cases belong to the ecclesiastical court: see IIh.

Marriages rightly accomplished are of themselves good and licit 36, 241, 424, 430, 537, even many successively 55, 424, 455, 465, 541, C1142; not however with infidels 301, C1070, and heretics 1455, 1496, 1499n, C1060 f.