Article 2. Whether a spell can be an impediment to marriage?
Objection 1. It would seem that a spell cannot be an impediment to marriage. For the spells in question are caused by the operation of demons. But the demons have no more power to prevent the marriage act than other bodily actions; and these they cannot prevent, for thus they would upset the whole world if they hindered eating and walking and the like. Therefore they cannot hinder marriage by spells.
Objection 2. Further, God’s work is stronger than the devil’s. But a spell is the work of the devil. Therefore it cannot hinder marriage which is the work of God.
Objection 3. Further, no impediment, unless it be perpetual, voids the marriage contract. But a spell cannot be a perpetual impediment, for since the devil has no power over others than sinners, the spell will be removed if the sin be cast out, or by another spell, or by the exorcisms of the Church which are employed for the repression of the demon’s power. Therefore a spell cannot be an impediment to marriage.
Objection 4. Further, carnal copulation cannot be hindered, unless there be an impediment to the generative power which is its principle. But the generative power of one man is equally related to all women. Therefore a spell cannot be an impediment in respect of one woman without being so also in respect of all.
On the contrary, It is stated in the Decretals (XXXIII, qu. 1, cap. iv): “If by sorcerers or witches …,” and further on, “if they be incurable, they must be separated.”
Further, the demons’ power is greater than man’s: “There is no power upon earth that can be compared with him who was made to fear no one” (Job 41:24). Now through the action of man, a person may be rendered incapable of carnal copulation by some power or by castration; and this is an impediment to marriage. Therefore much more can this be done by the power of a demon.
I answer that, Some have asserted that witchcraft is nothing in the world but an imagining of men who ascribed to spells those natural effects the causes of which are hidden. But this is contrary to the authority of holy men who state that the demons have power over men’s bodies and imaginations, when God allows them: wherefore by their means wizards can work certain signs. Now this opinion grows from the root of unbelief or incredulity, because they do not believe that demons exist save only in the imagination of the common people, who ascribe to the demon the terrors which a man conjures from his thoughts, and because, owing to a vivid imagination, certain shapes such as he has in his thoughts become apparent to the senses, and then he believes that he sees the demons. But such assertions are rejected by the true faith whereby we believe that angels fell from heaven, and that the demons exist, and that by reason of their subtle nature they are able to do many things which we cannot; and those who induce them to do such things are called wizards.
Wherefore others have maintained that witchcraft can set up an impediment to carnal copulation, but that no such impediment is perpetual: hence it does not void the marriage contract, and they say that the laws asserting this have been revoked. But this is contrary to actual facts and to the new legislation which agrees with the old.
We must therefore draw a distinction: for the inability to copulate caused by witchcraft is either perpetual and then it voids marriage, or it is not perpetual and then it does not void marriage. And in order to put this to practical proof the Church has fixed the space of three years in the same way as we have stated with regard to frigidity (Article 1). There is, however this difference between a spell and frigidity, that a person who is impotent through frigidity is equally impotent in relation to one as to another, and consequently when the marriage is dissolved, he is not permitted to marry another woman. whereas through witchcraft a man may be rendered impotent in relation to one woman and not to another, and consequently when the Church adjudges the marriage to be dissolved, each party is permitted to seek another partner in marriage.
Reply to Objection 1. The first corruption of sin whereby man became the slave of the devil was transmitted to us by the act of the generative power, and for this reason God allows the devil to exercise his power of witchcraft in this act more than in others. Even so the power of witchcraft is made manifest in serpents more than in other animals according to Genesis 3, since the devil tempted the woman through a serpent.
Reply to Objection 2. God’s work may be hindered by the devil’s work with God’s permission; not that the devil is stronger than God so as to destroy His works by violence.
Reply to Objection 3. Some spells are so perpetual that they can have no human remedy, although God might afford a remedy by coercing the demon, or the demon by desisting. For, as wizards themselves admit, it does not always follow that what was done by one kind of witchcraft can be destroyed by another kind, and even though it were possible to use witchcraft as a remedy, it would nevertheless be reckoned to be perpetual, since nowise ought one to invoke the demon’s help by witchcraft. Again, if the devil has been given power over a person on account of sin, it does not follow that his power ceases with the sin, because the punishment sometimes continues after the fault has been removed. And again, the exorcisms of the Church do not always avail to repress the demons in all their molestations of the body, if God will it so, but they always avail against those assaults of the demons against which they are chiefly instituted.
Reply to Objection 4. Witchcraft sometimes causes an impediment in relation to all, sometimes in relation to one only: because the devil is a voluntary cause not acting from natural necessity. Moreover, the impediment resulting from witchcraft may result from an impression made by the demon on a man’s imagination, whereby he is deprived of the concupiscence that moves him in regard to a particular woman and not to another.
Article 3. Whether madness is an impediment to marriage?
Objection 1. It would seem that madness is not an impediment to marriage. For spiritual marriage which is contracted in Baptism is more excellent than carnal marriage. But mad persons can be baptized. Therefore they can also marry.
Objection 2. Further, frigidity is an impediment to marriage because it impedes carnal copulation, which is not impeded by madness. Therefore neither is marriage impeded thereby.
Objection 3. Further, marriage is not voided save by a perpetual impediment. But one cannot tell whether madness is a perpetual impediment. Therefore it does not void marriage.
Objection 4. Further, the impediments that hinder marriage are sufficiently contained in the verses given above (Article 50). But they contain no mention of madness. Therefore, etc.
On the contrary, Madness removes the use of reason more than error does. But error is an impediment to marriage. Therefore madness is also.
Further, mad persons are not fit for making contracts. But marriage is a contract. Therefore, etc.
I answer that, The madness is either previous or subsequent to marriage. If subsequent, it nowise voids the marriage, but if it be previous, then the mad person either has lucid intervals, or not. If he has, then although it is not safe for him to marry during that interval, since he would not know how to educate his children, yet if he marries, the marriage is valid. But if he has no lucid intervals, or marries outside a lucid interval, then, since there can be no consent without use of reason, the marriage will be invalid.
Reply to Objection 1. The use of reason is not necessary for Baptism as its cause, in which way it is necessary for matrimony. Hence the comparison fails. We have, however, spoken of the Baptism of mad persons (III:68:12).
Reply to Objection 2. Madness impedes marriage on the part of the latter’s cause which is the consent, although not on the part of the act as frigidity does. Yet the Master treats of it together with frigidity, because both are defects of nature (Sent. iv, D, 34).
Reply to Objection 3. A passing impediment which hinders the cause of marriage, namely the consent, voids marriage altogether. But an impediment that hinders the act must needs be perpetual in order to void the marriage.
Reply to Objection 4. This impediment is reducible to error, since in either case there is lack of consent on the part of the reason.
Article 4. Whether marriage is annulled by the husband committing incest with his wife’s sister?
Objection 1. It would seem that marriage is not annulled by the husband committing incest with his wife’s sister. For the wife should not be punished for her husband’s sin. Yet she would be punished if the marriage were annulled. Therefore, etc.
Objection 2. Further, it is a greater sin to know one’s own relative, than to know the relative of one’s wife. But the former sin is not an impediment to marriage. Therefore neither is the second.
Objection 3. Further, if this is inflicted as a punishment of the sin, it would seem, if the incestuous husband marry even after his wife’s death, that they ought to be separated: which is not true.
Objection 4. Further, this impediment is not mentioned among those enumerated above (Article 50). Therefore it does not void the marriage contract.
On the contrary, By knowing his wife’s sister he contracts affinity, with his wife. But affinity voids the marriage contract. Therefore the aforesaid incest does also.
Further, by whatsoever a man sinneth, by the same also is he punished. Now such a man sins against marriage. Therefore he ought to be punished by being deprived of marriage.
I answer that, If a man has connection with the sister or other relative of his wife before contracting marriage, even after his betrothal, the marriage should be broken off on account of the resultant affinity. If, however, the connection take place after the marriage has been contracted and consummated, the marriage must not be altogether dissolved: but the husband loses his right to marital intercourse, nor can he demand it without sin. And yet he must grant it if asked, because the wife should not be punished for her husband’s sin. But after the death of his wife he ought to remain without any hope of marriage, unless he receive a dispensation on account of his frailty, through fear of unlawful intercourse. If, however, he marry without a dispensation, he sins by contravening the law of the Church, but his marriage is not for this reason to be annulled.
This suffices for the Replies to the Objections, for incest is accounted an impediment to marriage not so much for its being a sin as on account of the affinity which it causes. For this reason it is not mentioned with the other impediments, but is included in the impediment of affinity.
Article 5. Whether defective age is an impediment to marriage?
Objection 1. It would seem that deficient age is not an impediment to marriage. For according to the laws children are under the care of a guardian until their twenty-fifth year. Therefore it would seem that before that age their reason is not sufficiently mature to give consent, and consequently that ought seemingly to be the age fixed for marrying. Yet marriage can be contracted before that age. Therefore lack of the appointed age is not an impediment to marriage.
Objection 2. Further, just as the tie of religion is perpetual so is the marriage tie. Now according to the new legislation (cap. Non Solum, De regular. et transeunt.) no one can be professed before the fourteenth year of age. Therefore neither could a person marry if defective age were an impediment.
Objection 3. Further, just as consent is necessary for marriage on the part of the man, so is it on the part of the woman. Now a woman can marry before the age of fourteen. Therefore a man can also.
Objection 4. Further, inability to copulate, unless it be perpetual and not known, is not an impediment to marriage. But lack of age is neither perpetual nor unknown. Therefore it is not an impediment to marriage.
Objection 5. Further, it is not included under any of the aforesaid impediments (Supplement:50, and consequently would seem not to be an impediment to marriage.
On the contrary, A Decretal (cap. Quod Sedem, De frigid et malefic.) says that “a boy who is incapable of marriage intercourse is unfit to marry.” But in the majority of cases he cannot pay the marriage debt before the age of fourteen (De Animal. vii). Therefore, etc.
Further, “There is a fixed limit of size and growth for all things in nature” according to the Philosopher (De Anima ii, 4): and consequently it would seem that, since marriage is natural, it must have a fixed age by defect of which it is impeded.
I answer that, Since marriage is effected by way of a contract, it comes under the ordinance of positive law like other contracts. Consequently according to law (cap. Tua, De sponsal. impub.) it is determined that marriage may not be contracted before the age of discretion when each party is capable of sufficient deliberation about marriage, and of mutual fulfilment of the marriage debt, and that marriages otherwise contracted are void. Now for the most part this age is the fourteenth year in males and the twelfth year in women: but since the ordinances of positive law are consequent upon what happens in the majority of cases, if anyone reach the required perfection before the aforesaid age, so that nature and reason are sufficiently developed to supply the lack of age, the marriage is not annulled. Wherefore if the parties who marry before the age of puberty have marital intercourse before the aforesaid age, their marriage is none the less perpetually indissoluble.
Reply to Objection 1. In matters to which nature inclines there is not required such a development of reason in order to deliberate, as in other matters: and therefore it is possible after deliberation to consent to marriage before one is able to manage one’s own affairs in other matters without a guardian.
Reply to Objection 2. The same answer applies, since the religious vow is about matters outside the inclination of nature, and which offer greater difficulty than marriage.
Reply to Objection 3. It is said that woman comes to the age of puberty sooner than man does (De Animal. ix); hence there is no parallel between the two.
Reply to Objection 4. In this case there is an impediment not only as to inability to copulate, but also on account of the defect of the reason, which is not yet qualified to give rightly that consent which is to endure in perpetuity.
Reply to Objection 5. The impediment arising from defective age, like that which arises from madness, is reducible to the impediment of error; because a man has not yet the full use of his free-will.
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