Article 3. Whether compulsory consent invalidates a marriage?

Objection 1. It would seem that compulsory consent does not invalidate a marriage. For just as consent is necessary for matrimony, so is intention necessary for Baptism. Now one who is compelled by fear to receive Baptism, receives the sacrament. Therefore one who is compelled by fear to consent is bound by his marriage.

Objection 2. Further, according to the Philosopher (Ethic. iii, 1), that which is done on account of mixed violence is more voluntary than involuntary. Now consent cannot be compelled except by mixed violence. Therefore it is not entirely involuntary, and consequently the marriage is valid.

Objection 3. Further, seemingly he who has consented to marriage under compulsion ought to be counseled to stand to that marriage; because to promise and not to fulfill has an “appearance of evil,” and the Apostle wishes us to refrain from all such things (1 Thessalonians 5:22). But that would not be the case if compulsory consent invalidated a marriage altogether. Therefore, etc.

On the contrary, A Decretal says (cap. Cum locum, De sponsal. et matrim.): “Since there is no room for consent where fear or compulsion enters in, it follows that where a person’s consent is required, every pretext for compulsion must be set aside.” Now mutual contract is necessary in marriage. Therefore, etc.

Further, Matrimony signifies the union of Christ with the Church, which union is according to the liberty of love. Therefore it cannot be the result of compulsory consent.

I answer that, The marriage bond is everlasting. Hence whatever is inconsistent with its perpetuity invalidates marriage. Now the fear which compels a constant man deprives the contract of its perpetuity, since its complete rescission can be demanded. Wherefore this compulsion by fear which influences a constant man, invalidates marriage, but not the other compulsion. Now a constant man is reckoned a virtuous man who, according to the Philosopher (Ethic. iii, 4), is a measure in all human actions.

However, some say that if there be consent although compulsory, the marriage is valid in conscience and in God’s sight, but not in the eyes of the Church, who presumes that there was no inward consent on account of the fear. But this is of no account, because the Church should not presume a person to sin until it be proved; and he sinned if he said that he consented whereas he did not consent. Wherefore the Church presumes that he did consent, but judges this compulsory consent to be insufficient for a valid marriage.

Reply to Objection 1. The intention is not the efficient cause of the sacrament in baptism, it is merely the cause that elicits the action of the agent; whereas the consent is the efficient cause in matrimony. Hence the comparison fails.

Reply to Objection 2. Not any kind of voluntariness suffices for marriage: it must be completely voluntary, because it has to be perpetual; and consequently it is invalidated by violence of a mixed nature.

Reply to Objection 3. He ought not always to be advised to stand to that marriage, but only when evil results are feared from its dissolution. Nor does he sin if he does otherwise, because there is no appearance of evil in not fulfilling a promise that one has made unwillingly.

Article 4. Whether compulsory consent makes a marriage as regards the party who uses compulsion?

Objection 1. It would seem that compulsory consent makes a marriage, at least as regards the party who uses compulsion. For matrimony is a sign of a spiritual union. But spiritual union which is by charity may be with one who has not charity. Therefore marriage is possible with one who wills it not.

Objection 2. Further, if she who was compelled consents afterwards, it will be a true marriage. But he who compelled her before is not bound by her consent. Therefore he was married to her by virtue of the consent he gave before.

On the contrary, Matrimony is an equiparant relation. Now a relation of that kind is equally in both terms. Therefore if there is an impediment on the part of one, there will be no marriage on the part of the other.

I answer that, Since marriage is a kind of relation, and a relation cannot arise in one of the terms without arising in the other, it follows that whatever is an impediment to matrimony in the one, is an impediment to matrimony in the other; since it is impossible for a man to be the husband of one who is not his wife, or for a woman to be a wife without a husband, just as it is impossible to be a mother without having a child. Hence it is a common saying that “marriage is not lame.”

Reply to Objection 1. Although the act of the lover can be directed to one who loves not, there can be no union between them, unless love be mutual. Wherefore the Philosopher says (Ethic. viii, 2) that friendship which consists in a kind of union requires a return of love.

Reply to Objection 2. Marriage does not result from the consent of her who was compelled before, except in so far as the other party’s previous consent remains in force; wherefore if he were to withdraw his consent there would be no marriage.

Article 5. Whether conditional consent makes a marriage?

Objection 1. It would seem that not even a conditional consent makes a marriage, because a statement is not made simply if it is made subject to a condition. But in marriage the words expressive of consent must be uttered simply. Therefore a conditional consent makes no marriage.

Objection 2. Further, marriage should be certain. But where a statement is made under a condition it is rendered doubtful. Therefore a like consent makes no marriage.

On the contrary, In other contracts an obligation is undertaken conditionally, and holds so long as the condition holds. Therefore since marriage is a contract, it would seem that it can be made by a conditional consent.

I answer that, The condition made is either of the present or of the future. If it is of the present and is not contrary to marriage, whether it be moral or immoral, the marriage holds if the condition is verified, and is invalid if the condition is not verified. If, however, it be contrary to the marriage blessings, the marriage is invalid, as we have also said in reference to betrothals (Supplement:43:1. But if the condition refer to the future, it is either necessary, as that the sun will rise tomorrow—and then the marriage is valid, because such future things are present in their causes—or else it is contingent, as the payment of a sum of money, or the consent of the parents, and then the judgment about a consent of this kind is the same as about a consent expressed in words of the future tense; wherefore it makes no marriage.

This suffices for the Replies to the Objections.

Article 6. Whether one can be compelled by one’s father’s command to marry?

Objection 1. It would seem that one can be compelled by one’s father’s command to marry. For it is written (Colossians 3:20): “Children, obey your parents in all things.” Therefore they are bound to obey them in this also.

Objection 2. Further, Isaac charged Jacob (Genesis 28:1) not to take a wife from the daughters of Chanaan. But he would not have charged him thus unless he had the right to command it. Therefore a son is bound to obey his father in this.

Objection 3. Further, no one should promise, especially with an oath, for one whom he cannot compel to keep the promise. Now parents promise future marriages for their children, and even confirm their promise by oath. Therefore they can compel their children to keep that promise.

Objection 4. Further, our spiritual father, the Pope to wit, can by his command compel a man to a spiritual marriage, namely to accept a bishopric. Therefore a carnal father can compel his son to marriage.

On the contrary, A son may lawfully enter religion though his father command him to marry. Therefore he is not bound to obey him in this.

Further, if he were bound to obey, a betrothal contracted by the parents would hold good without their children’s consent. But this is against the law (cap. Ex litteris, De despon. impub.). Therefore, etc.

I answer that, Since in marriage there is a kind of perpetual service, as it were, a father cannot by his command compel his son to marry, since the latter is of free condition: but he may induce him for a reasonable cause; and thus the son will be affected by his father’s command in the same way as he is affected by that cause, so that if the cause be compelling as indicating either obligation or fitness, his father’s command will compel him in the same measure: otherwise he may not compel him.

Reply to Objection 1. The words of the Apostle do not refer to those matters in which a man is his own master as the father is. Such is marriage by which the son also becomes a father.

Reply to Objection 2. There were other motives why Jacob was bound to do what Isaac commanded him, both on account of the wickedness of those women, and because the seed of Chanaan was to be cast forth from the land which was promised to the seed of the patriarchs. Hence Isaac could command this.

Reply to Objection 3. They do not swear except with the implied condition “if it please them”; and they are bound to induce them in good faith.

Reply to Objection 4. Some say that the Pope cannot command a man to accept a bishopric, because consent should be free. But if this be granted there would be an end of ecclesiastical order, for unless a man can be compelled to accept the government of a church, the Church could not be preserved, since sometimes those who are qualified for the purpose are unwilling to accept unless they be compelled. Therefore we must reply that the two cases are not parallel; for there is no bodily service in a spiritual marriage as there is in the bodily marriage; because the spiritual marriage is a kind of office for dispensing the public weal: “Let a man so account of us as of the ministers of Christ, and the dispensers of the mysteries of God” (1 Corinthians 4:1).

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