Saturday, September 15, 2018

Ministers and Essence of Sacramental Matrimony

That the priestly blessing is not an absolute requirement of true marriage between Christians is proved by the Council of Trent's toleration of past clandestine marriages.

Tametsidubitandum non estclandestinamatrimonia libero contra hentiumconsensufacta rata et veraessematrimoniaquamdiu ecclesia eairrita non fecit…eos sancta synodus anathema tedamnat qui eavera ac rata essenegant...
Although is not to be doubted that clandestine marriages contracted by free consent are made authoritatively and truly to be marriages as long as the Church has not made them void...the holy Council condemns with anathema those who deny they are true and authoritative...

Some translate rata as "valid" and irrita as "invalid," which is acceptable but not the only possible meanings. The more precise terms are validus and invalidus. For example, validus is used in Session 24, Canon 9 condemning those who hold that clerics or those with solemn vows of chastity may contract a valid marriage.

It is taught by Pope Leo XIII (Arcanum, 23-24) and other Popes that the Sacrament of Matrimony is not some second thing added to Christian marriage. Rather, the marriage-contract itself is the sacrament, for Christ sanctified marriage itself.

“Let no one, then, be deceived by the distinction which some civil jurists have so strongly insisted upon - the distinction, namely, by virtue of which they sever the matrimonial contract from the sacrament, with intent to hand over the contract to the power and will of the rulers of the State, while reserving questions concerning the sacrament of the Church. A distinction, or rather severance, of this kind cannot be approved; for certain it is that in Christian marriage the contract is inseparable from the sacrament, and that, for this reason, the contract cannot be true and legitimate without being a sacrament as well. For Christ our Lord added to marriage the dignity of a sacrament; but marriage is the contract itself, whenever that contract is lawfully concluded.
Marriage, moreover, is a sacrament, because it is a holy sign which gives grace, showing forth an image of the mystical nuptials of Christ with the Church. But the form and image of these nuptials is shown precisely by the very bond of that most close union in which man and woman are bound together in one; which bond is nothing else but the marriage itself. Hence it is clear that among Christians every true marriage is, in itself and by itself, a sacrament; and that nothing can be further from the truth than to say that the sacrament is a certain added ornament, or outward endowment, which can be separated and torn away from the contract at the caprice of man. Neither, therefore, by reasoning can it be shown, nor by any testimony of history be proved, that power over the marriages of Christians has ever lawfully been handed over to the rulers of the State. If, in this matter, the right of anyone else has ever been violated, no one can truly say that it has been violated by the Church. Would that the teaching of the naturalists, besides being full of falsehood and injustice, were not also the fertile source of much detriment and calamity! But it is easy to see at a glance the greatness of the evil which unhallowed marriages have brought, and ever will bring, on the whole of human society.”

Once this is accepted, the position held by all Catholic theologians practically follows, as sententia certa. Marriage as such is a contract, and the essence of a contract (i.e., that which makes it a contract) is the consent of the parties. Since marriage between Christians and the Sacrament of Matrimony are one and the same thing, the essence of the sacrament must be the same, i.e., the consent of the parties. From this it follows that the betrothed are the ministers of the sacrament.


The blessing of the priest may be made a necessary condition for canonical validity, but this does not imply that the blessing is the essence or even the efficient cause of the sacrament. Earth and sky may be necessary conditions for a horse's existence, but they are not what makes a horse a horse, nor do they cause the horse to be. Likewise, the execution of a contract may require certain conditions, such as the presence of witnesses or a notary, but the essence of the contract remains the consent of the parties who thereby bring it into effect.

The modern Orthodox may find it scandalous to speak of the Sacrament of Matrimony in such worldly, juridical terms. Yet to refrain from this is to ignore in this case that Christ has the power to sanctify the earthly, not by adding something alien to it, but by operating within its essence.

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 “From the earliest times this fundamental proposition has been upheld: Matrimonium facit consensus, i.e. Marriage is contracted through the mutual, expressed consent. Therein is contained implicitly the doctrine that the persons contracting marriage are themselves the agents or ministers of the sacrament. However, it has been likewise emphasized that marriage must be contracted with the blessing of the priest and the approbation of the Church, for otherwise it would be a source not of Divine grace, but of malediction.
….
The opinion of Canus finds but little support in the expressions of the Fathers or in papal letters, which state that marriage without the priest is declared unholy, wicked, or sacrilegious, that it does not bring the grace of God but provokes His wrath. This is nothing more than what the Council of Trent says in the chapter "Tametsi" (XXIV, i, de ref. Matr.), namely, that "the Holy Church of God has always detested and forbidden clandestine marriages". Such statements do not deny the sacramental character of marriage so contracted; but they do condemn as sacrilegious that reception of the sacrament which indeed lays open the source of grace, yet places an obstacle in the way of the sacrament's efficacy.”
(Augustinus Lehmkuhl, "Sacrament of Marriage," The Catholic Encyclopedia. Vol. 9)

“It is likewise erroneous to consider the priest the minister of the sacrament; he is the authorized witness of the Church to the contract. The parties contracting really administer the sacrament to themselves.
Those who marry do so by signifying their consent to be man and wife. Consent is of the very essence of marriage, and it is in consequence of their free, deliberate consent that a man and a woman become husband and wife. Marriage being a contract forming essentially an indissoluble union, it is important to know whether the consent can be so defective as to make a marriage morally and canonically invalid.
As it is certain, therefore, from the point of view of the Church that marriage as a sacrament is fulfilled only through the mutual consent of the contracting parties, it is a matter of secondary consideration, how and in what sense the matter and form of this sacrament are to be taken.
As citizens of the State, Christians should certainly comply with the civil laws regulating marriage for certain civil effects, though they must not consider the marriage contract as something distinct from the sacrament, for the two are inseparable. One result of the defection from the Church in the sixteenth century was a belief that marriage is a civil ceremony. The opinion of several canonists, who, wishing to justify this view taught that the contract of marriage might possibly be separated from the sacrament, was condemned in the syllabus of Pius IX in 1864 (numbers 65 and 66). It is likewise erroneous to consider the priest the minister of the sacrament; he is the authorized witness of the Church to the contract. The parties contracting really administer the sacrament to themselves.”
(Joseph Selinger, "Moral and Canonical Aspect of Marriage," The Catholic Encyclopedia. Vol. 9)

In a pastoral statement on Orthodox/Roman Catholic Marriages, the Joint Committee of Orthodox and Catholic Bishops had this to say:

“In the teaching of our churches, a sacramental marriage requires both the mutual consent of the believing Christian partners and God's blessing imparted through the official ministry of the Church. At the present time, there are differences in the ways by which this ministry is exercised in order to fulfill the theological and canonical norms for marriage in our churches. The Orthodox Church, as a rule, accepts as sacramental only those marriages of Christians baptized in the name of the Holy Trinity which are sanctified in the Church's liturgy through the blessing of an Orthodox bishop or priest. The Catholic Church accepts as sacramental those marriages of Christians baptized in the name of the Holy Trinity which are witnessed by a Catholic bishop or priest (or, in more recent discipline, a deacon), but it also envisages some exceptional cases in which, whether by law or by dispensation, Catholics may enter into a sacramental marriage in the absence of a bishop, priest or deacon. There are also differences in our theological explanations of this diversity. As older presentations of sacramental theology indicate, Orthodox theologians often have insisted that the priest is the proper "minister of the Sacrament", whereas Roman Catholic theologians more often have spoken of the couple as "ministering the sacrament to each other".” (cf. CCC § 1623)

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