S.T. Supplement,
Q. 45, A. 5
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.
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