of marriage are found in the contract, for the Sacrament is the natural
pact elevated to the dignity of a sacred sign productive of grace. The
remote matter is, therefore, the bodies of the spouses, or the bodily
rights which they give one another (I Cor., vii. 4). Since the
indeterminate part of a contract is the offer or bestowal, and the
determinate part the approval, the proximate matter of Matrimony is
found in the grant of mutual conjugal rights externally manifested, and
the form in the acceptance of that right externally manifested.
(b) The ministers and the recipients of Matrimony are the parties
themselves, since it is they alone who make and receive the contract.
In order to be a recipient of the Sacrament it is necessary that a
person be baptized and be free from all natural, divine and human
impediments that make one incapable of the contract of marriage.
(c) The effects of Matrimony are _per se_ second grace, which increases
sanctity and is of help especially for the due performance throughout
life of the duties of the conjugal state and for domestic blessedness
and happiness.
2795. Duties in Connection with Marriage.--The duties in reference to
marriage as a permanent state of life were treated already in 2613
sqq., and we shall consider here only the duties that have to do with
marriage as a contract and a Sacrament. These duties can be arranged
under three heads: (a) before marriage, there are obligations in
reference to the preparation for marriage, which consists remotely in
engagement or espousals, and proximately in compliance with duties owed
to divine, ecclesiastical, and civil law (e.g., license from the State,
establishment of freedom to marry, proclamation of banns,
dispensations, confession); (b) during marriage, in addition to the
common obligations of intention and a state of grace, there are special
duties in reference to the external form or rite of marriage; (c) after
marriage, there is a duty of making canonical records and of validating
defective marriages.
2796. Betrothal or Engagement.--Engagement is a promise of their future
marriage made by competent persons.
(a) It is a promise, either unilateral or bilateral, the latter being
espousals or betrothal in the strict sense of the word (1749). Like
every promise, engagement is not binding unless it be made with
requisite deliberation and freedom from force and fear. But a valid
engagement to marry has not the same strength, either from divine or
from human law, as a contract of marriage, and hence fraud or light
fear unjustly produced and which induces one to become engaged leaves
the engagement rescindable at the will of the innocent party. Canon Law
requires certain formalities for a valid engagement, and without them
there is no obligation in either forum. The law is that the contract of
betrothal be in writing, and be signed by the parties and also by the
pastor or local Ordinary or two witnesses, and that, if one or both of
the parties be unable to write, this be noted in the document and an
extra witness be added (Canon 1017).
(b) It is a promise made by competent persons. Hence, there is no valid
engagement if a party is incapable either naturally (e.g., one who has
not the use of reason) or canonically (e.g., one who has not attained
the age of seven years). It is against good morals to be engaged to two
persons at the same time, with the understanding that one will marry
the second after the expected death of the first; and much more is it
immoral for a married person to become engaged to marry another, the
marriage to take place after the death of the present consort. Some
canonists hold that engagements are not valid before the age of
puberty, on account of the lack of sufficient discretion.
(c) It is a promise of future marriage, that is, a contract to marry,
not a contract of marriage. A nuptial engagement is invalid if the
marriage promised is invalid or unlawful, for no one can bind himself
to sin. An invalid marriage is promised if there is a diriment and not
dispensable impediment in the way, or if in spite of a removable
impediment the engagement is unconditional, unless the mind of the
parties is to marry after the impediment has ceased. The Church seems
to regard as null an engagement made on the condition that the Pope
will dispense an impediment. An unlawful marriage is promised when the
parties cannot marry without sin (e.g., when the marriage will bring
great sorrow or disgrace on parents), or when they promise to marry in
a sinful way (e.g., with the understanding that they will abuse
marriage). But an unlawful promise of a lawful marriage is not
necessarily invalid, and hence an engagement dependent on an immoral
condition not opposed to the substance of marriage would become
obligatory on fulfillment of the condition (see 1878 d, 1886).
2797. It should be noted that the former diriment and impedient
impediments produced by espousals are no longer in force, and even a
valid engagement gives no right to an action for the celebration of
marriage.
2798. Is an Engagement Necessary before Marriage?--(a) An engagement is
not strictly necessary. Neither the validity nor the lawfulness of
marriage depends on espousals, for there is no law that requires this.
Hence, if for a reasonable cause a man and woman married without any
previous binding pledge on either side, the marriage would be good and
lawful. The formal engagements of Canon Law are not common in this
country, but an informal engagement usually precedes matrimony.
(b) Engagement is most suitable and useful. Men are accustomed to fit
themselves by long and serious study for the business of a profession
or calling, and to enter into preliminary agreements about contracts of
major importance (as in contracts to sell), and certainly marriage, a
contract and vocation that binds until death and upon which the
spiritual and temporal welfare of society and individuals rests, is
among the most momentous of human agreements. The special advantage of
engagement is that it affords a means of preventing hasty and
ill-advised unions, of discovering impediments, of securing the consent
of parents, and of preparing oneself in knowledge and virtue for the
duties of the married state. If engagements were regarded and treated
as a period of training for serious and sacred duties, not as a time
for frivolity or enjoyment, there would be fewer divorces and less talk
about trial marriages. On the duties of engaged persons to one another,
see 2628, 2629.
2799. Duties to Parents or Guardians in Reference to Marriage.--(a)
There is, _per se_, a duty of consulting with one’s parents about one’s
marriage; for he who marries without their knowledge, generally exposes
himself to the danger of making a serious mistake, and moreover as a
rule the interests of parents themselves are bound up intimately with
the marriages of their children. Hence, unless a very serious reason
excuses, he who marries without advising with his parents sins
grievously by his rashness or want of filial affection. The same is
true, if a child wilfully disregards the wishes of his parents by
stubbornly marrying when for a good reason they disapprove. If their
opposition is imperative and emphatic, or if they are grief-stricken at
thought of the imprudent marriage, the sin is serious; but if their
opposition is mild and the match not a very bad one, the sin is venial.
The consent or counsel of parents is not necessary for validity,
however, since it is not they who are getting married, and no law makes
their consent or counsel an essential part of the compact. _Per
accidens_, their consent or counsel is not even necessary for
lawfulness, as when the children live far away from their parents, or
when marriage has to be contracted without delay, or when the parents
are unreasonable in their opposition.
(b) There is, _per se_, no duty of obeying one’s parents in the matter
of marriage: first, because marriage supposes choice, admiration, and
love, and these do not submit to dictation, even from parents; next,
because in things that pertain to nature, such as self-preservation and
procreation, children are not subject to their parents; finally,
because the authority of parents does not extend to the whole lifetime
of their children and marriage is a lifelong union. Hence, parents may
not compel their children to marry or to remain single; they may not
make the match for their children against the latters’ will, they may
not force a child to marry a person whom he or she detests, they may
not veto a marriage that does not appeal to them if the son or daughter
has good reasons for it. Those parents sin, then, who refuse their
blessing to a marriage out of selfishness, and those parents sin
gravely who force their children into loveless unions and so make them
unhappy in this world and endanger their salvation for the world to
come. _Per accidens_, there is a duty of obeying parents in reference
to marriage when one is obliged even apart from their command to do
what they prescribe, when the marriage which they forbid is also
forbidden by law (e.g., if the child is needed at home to support his
indigent parents, if the mate selected will bring disgrace upon the
family and the match can easily be broken off), or when the marriage
which they require is also demanded by duty (e.g., if a son will surely
enter upon a wild and reckless life unless he marries). See above,
2228, 2627, 2633, 2636, 2347, 2348, 2361 sqq.
2800. Duties of Parents in Reference to Marriage.--(a) If there is
question of the marriage of a child, parents should guide themselves by
the rule of St. Paul: “Let her marry whom she will, only in the Lord”
(I Cor., vii. 39). Undue pressure should be avoided, but bad marriages
should be opposed, and parents should assist their children to marry
well. (b) If there is question of a parent’s second marriage, the
children’s interests should be considered in making the choice of the
step-father or step-mother, and, if the children are grown up, they
should be consulted, or at least they should not be unreasonably
saddened or harmed by the new marriage.
2801. Obstacles to Marriage.--Since marriage is a most important
contract and a Sacrament, it is necessary to ascertain beforehand with
moral certainty that there is no obstacle to its valid and lawful
celebration. This imposes duties on the pastor, the couple themselves,
and the faithful who know them.
(a) The pastor in virtue of his office is gravely obliged to make
inquiries about the competency and fitness of the prospective husband
and wife, and even in a death-bed marriage the obligation does not
cease. Church law prescribes the method of inquiry, which should
include an examination and instruction of the couple and a publication
of the marriage. Of course, there is an obligation of confidential
secrecy.
(b) The couple are bound to present themselves to the pastor within a
reasonable time before the marriage in order to make these
arrangements, and should bring with them the necessary papers (for
example, their baptismal certificates, license to marry, testimonials).
They are gravely obliged to make known either to the pastor or to the
confessor any impediment, even though it be of a secret and culpable
nature, in order that their marriage may be valid and lawful, unless
they wish to give up the marriage or seek a dispensation in some other
way.
(c) The people who know of an impediment to a marriage are bound under
pain of mortal sin to make it known in time to the pastor or Ordinary;
for the natural and divine laws, as well as the law of the Church, hold
one to speak when this will prevent irreverence to the Sacrament of
Matrimony, sin and other serious evils to the neighbor. The obligation
ceases, however, when the revelation is either impossible or useless.
Cases of impossibility are those in which revelation will cause great
spiritual harm (e.g., public scandal), or great temporal harm of a
public kind (e.g., violation of professional secret), or a great
temporal harm of a private kind (e.g., persecution), unless a more
serious evil will result from concealment. Revelation is useless when
the marriage can be stopped or made legal in some other way (e.g., by
persuading the couple to break their engagement or get a dispensation),
or when one foresees that the revelation will have no effect.
2802. Duties of the Pastor in the Examination of Engaged Persons.--(a)
He should question both the man and the woman separately and prudently
about their freedom to marry, even though he is certain that there are
no impediments. He should inquire especially whether there has been a
previous marriage, and should also ask specifically about any
impediment that seems likely. About impediments of a defamatory kind he
should not interrogate before others, leaving that matter if necessary
to his doctrinal instruction or to the confessor. (b) He should ask
both of them, and especially the woman, whether they have decided on
marriage freely, without force or pressure from any person. But
children who live with their parents should be asked whether or not
they have obtained their parents’ consent to the proposed marriage.
2803. Special Proofs of Freedom to Marry.--(a) Proof of Baptism.--A
baptismal certificate should be presented by the parties (if baptized
in another parish), even by one who is a baptized non-Catholic. If a
certificate cannot be had, other proofs are necessary. In danger of
death, the sworn testimony of the parties suffices; outside danger of
death, the testimony of a reliable witness, or of the person himself,
if he can remember his Baptism, or, it seems, a certificate of
Confirmation or First Communion will do. If Baptism cannot be proved
and there is a prudent doubt, it should be administered conditionally.
(b) Proof of Single State.--If it is manifest that a previous civil
marriage was null and was dissolved by divorce, the proof of the facts
suffices. If the husband or wife of a previous marriage has died, but
the pastor has no personal knowledge of this, positive proof of the
decease in the form of a public document or of sworn testimony of two
or at least one reliable witness is necessary, and if the pastor cannot
obtain these he must have recourse to the Ordinary.
2804. Matrimonial Impediments.--(a) Definition.--An impediment is a
circumstance directly affecting the contract of marriage and rendering
it illicit or invalid. Thus, an impediment differs from an unfitness
that refers immediately to marriage as a sacred rite or Sacrament (such
as lack of proper intention or a state of mortal sin), or that does not
directly affect the parties (such as forbidden time).
(b) Division.--In reference to effects, an impediment is either
impedient (i.e., one that forbids marriage under pain of grave sin but
does not render it null and void) or diriment (i.e., one that not only
forbids marriage, but also makes it null and void).
2805. Sinfulness of Marrying with an Impediment.--(a) If the impediment
is certain, grave sin is committed; for deception and disobedience are
committed in a grave and sacred matter, and, if the impediment is
diriment, the marriage contract is made null. Great necessity, however,
would sometimes excuse.
(b) If the impediment is uncertain, no sin is committed when the
impediment is one of ecclesiastical law and the doubt is one of law,
for in such a case the legislator removes the obligation (Canon 15);
nor when the impediment is impotency (Canon 1068), in view of the fact
that the general law of propagation of the race leaves a natural
presumption against impotency, which can be overcome only by a certain
impediment. It would be an intolerable hardship if marriage were made
impossible by a doubt where proof is so difficult. There is a serious
sin, however, in other cases, because one is either exposing the
Sacrament to nullity or is refusing, contrary to a serious command of
the Church, to seek a dispensation.
2806. The Impedient or Prohibitive Impediments (Canons 1058-1066).--(a)
Vow.--The following simple vows make marriage illicit: the vow of
virginity, that of perfect chastity, the vow not to marry, the vow to
receive Sacred Orders, the vow to enter religious life, the simple vows
of religion. A vow to abstain from the use of marriage is not against
the substance of marriage, but it is difficult to keep in the married
state; the vows to enter religion, or take Sacred Orders, or not to
wed, are incompatible with marriage. Hence, the Church forbids one who
has these vows to marry, unless the vow be first dispensed. Those who
marry while bound by one of these vows sin gravely, and are held to
keep the vow if this is possible or the other party’s rights do not
prevent.
(b) Legal Relationship.--In those countries where relationship from
adoption makes marriage illicit, there is also an impedient impediment
of Canon Law. The Church wishes, in so far as possible, to preserve
harmony between her own law and that of the State. Hence, she includes
in her Code the civil law regulations that forbid marriage to certain
persons on account of the intimate relation that exists between them
through civil law adoption. The law of some European (e.g., France,
Germany, Switzerland) and South American countries have a prohibitive
impediment of adoption, but in the United States, the British Empire,
and many other countries adoption is no such hindrance to marriage.
(c) Mixed Religion.--Marriage between two baptized persons, one a
Catholic and the other a member of an heretical or schismatical sect,
is severely forbidden by the Church. Mixed marriages in themselves are
opposed to divine and natural law, inasmuch as they offer an occasion
for communication in false worship and a danger of perversion; and
hence they have been disapproved from the very beginning of the Church
(II John, X. 11; I Cor., v. 10; Tit., iii. 10). But the divine
prohibition ceases if appropriate measures are used to safeguard the
faith of the Catholic and the children, and the Church will grant a
dispensation, though reluctantly and only for just and grave causes.
2807. Duties in Reference to Mixed Marriages.--(a) The Pastor.--A
dispensation should not be sought unless there is first a sufficient
reason, all things considered, and generally the reason should be the
public good (such as the relative fewness of Catholics in a district,
hope of conversion of the non-Catholic, avoidance of scandal).
Secondly, there must be guarantees given by the non-Catholic that the
faith of the Catholic will not be interfered with, and both parties
must promise that all the children will receive Catholic and no other
baptism and education. Finally, these promises must be such as to
produce moral certainty of fulfillment, and as a rule it should be
required that they be given in writing. After the marriage has been
celebrated the pastor is held both in charity and in justice to do what
he can to have the promises faithfully lived up to.
(b) The Parties.--Neither before nor after the marriage in the Catholic
Church is it lawful to have any non-Catholic religious ceremony (see
956 sqq.); and if the pastor knows that this has been done or will be
done, he may not assist at the marriage without permission from the
Ordinary, which is granted for a most grave reason (scandal being
avoided). After the marriage the parties are bound in justice to keep
the promises made, and the Catholic is held in charity to seek
prudently, by good example and advice, to convert the non-Catholic.
2808. Marriages with Bad Catholics.--(a) If the bad Catholic is
unworthy in the matter of faith, because he has notoriously given up
the Church (even though he has not joined any other religion), or
because he is a member of a forbidden society, there is a danger of
perversion. In such a case the pastor may not assist at the marriage
unless the Ordinary decides that there is a sufficient reason, that the
danger of perversion is made remote, and that the Catholic education of
the children is provided for.
(b) If the bad Catholic is unworthy in the matter of morals, because he
is a public sinner (e.g., one who neglects the Easter duty), or
notoriously under censure and therefore a person to whom the Sacraments
must be denied, the pastor is confronted with the law that one may not
cooperate formally, even by assistance, in the profanation of a
Sacrament. As the guilt of the unworthy person is public in these
cases, there must be public reparation before the marriage can be
sanctioned by the presence of the Church’s representative. The
reparation is to be made either by the sinner going to confession or by
the censured person obtaining absolution. But since the priest’s
presence can be only a material cooperation, it may be permitted by the
Ordinary for a grave reason when the unworthy person refuses to comply
with the conditions.
2809. Other Obstacles to Marriage.--Other obstacles which forbid
marriage, though they are not strictly canonical impediments, are the
following:
(a) valid engagement gravely forbids marriage with a third party. This
is a natural obstacle which results from the very nature of a binding
promise;
(b) special prohibition of the Church at times gravely forbids a
particular marriage, as when the Holy See in granting a dispensation
for a present marriage forbids a future marriage. If an irritant clause
is added, the prohibition has the force of a diriment impediment. The
Ordinary also may forbid a particular marriage for a time, as when
there is suspicion of a secret impediment, or when great damage will
likely ensue from a marriage. This prohibition is for a special case or
time or person, and thus it differs from the impediments of the law;
(c) closed times (Lent and Advent) are the seasons when, on account of
the penitential and mournful character of the liturgy then in use, the
solemn blessing of marriage is not regularly permitted. This is not
really an impediment, since marriage itself may be contracted at any
time of the year, according to the general law.
2810. Diriment Impediments to Marriage.--The diriment or nullifying
impediments to marriage are personal incapacities in a person which
render him or her incapable, from divine or ecclesiastical law, of
contracting marriage with anyone (absolute impediments), or of
contracting marriage with a certain individual (relative impediments).
2811. The absolute diriment impediments are the following: (a) those
that are due to a personal defect making one unable to promise with
sufficient discretion (impediment of age) or to perform what is
promised (impediment of impotency); (b) those that are due to a
voluntary act which consecrates one to God with the obligation of
perpetual celibacy (the impediments of Orders and vows).
2812. The relative impediments are the following: (a) that one which is
due to an obligation to one’s present husband or wife (the impediment
of bond); (b) that one which is due to too great a difference between
two parties (impediment of disparity of cult); those that are due to
too close a kinship between two parties, whether natural (impediments
of consanguinity and affinity) or like to the natural (impediments of
public decency, spiritual kinship, legal kinship); (d) those that are
due to a relationship caused by a crime that makes it unsuitable for
two parties to marry. If one party is perpetrator and the other the
victim, there is the impediment of abduction; if the two parties are
accomplices, there is the impediment of crime.
2813. The Impediment of Age.--(a) Nature.--This impediment exists in
males who have not completed their sixteenth year, and in females who
have not completed their fourteenth year. These ages are set by the
general law, because all parts of the world have to be considered and
sufficient discretion may be presumed at those ages everywhere. But
substantial ignorance even after those years invalidates consent, and
moreover, in colder countries where development is slower, marriage is
generally inadvisable before the parties are 18 and 16 respectively.
The marriageable ages according to the statute law in most of our
States are 18 and 16 with parental consent, and 21 and 18 without it.
(b) Effect.--This impediment is of ecclesiastical law in so far as the
precise determination of age is concerned, but of natural law in so far
as the use of reason is demanded. Hence, the Church may dispense, and
hence also the impediment as ecclesiastical does not bind the
unbaptized, even when being underaged they marry Christians.
2814. The Impediment of Impotency.--(a) Nature.--Impotency is the
inability to exercise the sexual act in a way suitable for procreation.
The requisites for this act are _immissio membri virilis in vaginam
mulieris cum seminis effusione_, and hence those are impotent who lack
sexual organs (such as the emasculated or spayed), or who on account of
psychical or physical abnormalities are unable to have complete
intercourse (e.g., anaphrodisiacs, some hermaphrodites, those who
suffer from hypospadias, vaginism, etc.). Sterility, or the mere
inability to procreate from sexual intercourse (as in old persons), is
not the same thing as impotency, and is not an impediment to marriage.
Authorities are not agreed whether or not the operations of male
vasectomy and evariotomy produce impotency or sterility. But many
regard the former operation as unlawful except for a most grave cause
(such as the saving of life), since it takes away a power given by
nature for the benefit of society, exposes the individual to very
serious temptations, and opens the way to terrible abuses.
(b) Effect.--Impotency anterior to marriage and perpetual, whether in
the man or in the woman, whether known to the other party or not, voids
marriage from the law of nature itself, and hence is not dispensable.
But impotency that arises after marriage or that is only temporary does
not invalidate, and impotency that is relative (i.e., in reference to
one person only) does not nullify marriage except in reference to a
determinate person. In justice to the other spouse, married persons who
have an easily curable impotency should have this defect removed.
2815. The Impediments of Orders and Vows.--(a) Orders.--Those who are
in Sacred Orders (priesthood, deaconship and, in the Latin Church,
subdeaconship) cannot marry validly. The impediment is decreed by
ecclesiastical law alone, and hence the Church has the power to
dispense. One who was ordained through compulsion or in ignorance of
the duty of celibacy, is permitted to marry, if he does not wish to
ratify his ordination; but he then loses all right to exercise his
Order (2235).
(b) Vows.--Professed religious with solemn vows or simple vows that
annul marriage cannot marry validly. It is more probable that this
impediment, in so far as solemn vows are concerned, is of divine right;
but the Pope, as the Vicar of Christ, is able to dispense (see 2194,
2234, 2235, 1787 e).
2816. The Impediment of Bond.--(a) A person who is already validly
married cannot marry again until the bond of the existing marriage is
removed by the death of the other spouse or by dissolution. An
exception is the case of the Pauline Privilege; but even then the bond
of the first marriage remains till the second is contracted (see 2787
e).
(b) This impediment is of natural and divine law, and it binds all men,
the unbaptized as well as the baptized. No dispensation can be granted
from the impediment as long as it continues; and moreover those who
would contract a second marriage must offer proof that the bond of the
first marriage was non-existent, or that it has ceased. Nullity of a
previous marriage must be established by canonical process (Canons 1986
sqq.); dissolution of an unconsummated marriage through vow or Papal
dispensation is proved sufficiently by an authentic document; cessation
of bond through death of consort must be demonstrated with moral
certainty, if it is not manifest (see 2803). The procedure to be
observed in cases of the Pauline Privilege is explained by commentaries
on Canons 1120 sqq. of the Code.
2817. The Impediment of Disparity of Cult.--(a) A marriage of a
Catholic (i.e., of a person baptized in or converted to the Catholic
Church) with an unbaptized person is null and void. This impediment
bars the marriage of a professed ex-Catholic with an infidel, but not
the marriage of a non-Catholic with an infidel; and by infidel is
understood here not only a non-Christian (such as a Jew), but also a
Christian unbaptized or invalidly baptized. A person accidentally
baptized by a Catholic is not considered a Catholic if born of
heretical or schismatical parents and reared by them in their sect.
(b) This impediment as prohibitive is of divine ordinance, for the same
reasons as in the case of mixed marriages (see 2806 c): “Bear not the
yoke with unbelievers” (II Cor., vi. 14). But neither natural nor
divine law nullifies such a marriage with unbelievers; for the
substantial ends of marriage (i.e., procreation and education of
children) can be had even in such unions, and very holy personages have
contracted marriage even with pagans (e.g., Jacob with the daughters of
Laban, Joseph with the daughter of Putiphar, Moses with the daughter of
Jethro, Esther with Assuerus, St. Cecilia with Valerian, St. Monica
with Patricius, St. Clotilda with Clovis, etc.). The Church, however,
has made disparity of cult a diriment impediment on account of the
special danger, and it grants no dispensation unless the precautions
decreed for mixed marriages be observed (see 824, 2807).
2818. The Impediments of Kinship.--(a) Consanguinity.--Marriage is null
when contracted between blood relatives, that is, persons descended
from one another or from one common ancestor within certain limits. In
the direct line consanguinity invalidates marriage between all
ascendants and descendants, legitimate or natural, that is, between a
man and all his female ancestry (mother, grandmother, etc.) and
posterity (daughter, etc.), and between a woman and all her male
ancestors and posterity. In the collateral line it invalidates to the
third degree inclusively, that is, between a man and a woman whose
parents are related as first cousins or even more closely. The degree
of consanguinity between this man and woman is first, second or third,
according as one, two or three generations separate them (i.e., both or
the one farthest removed) from the nearest ancestor of both (see Canons
96 and 1076). Consanguinity is multiplied when two parties are
descended from several common stocks. This impediment is of the natural
law as regards the first, and probably all the other degrees of the
direct line; for reverence due to parents forbids one to marry them.
Marriage between brother and sister is not opposed to the absolute or
primary law of nature, but to the relative or secondary law (see 303);
for natural inclination teaches that it is unbecoming for members of
the same family to intermarry, and further the children of their unions
are very apt to be weakly or defective. In other degrees consanguinity
is an impediment of church law only, and may be dispensed for a good
reason, but a more serious reason is necessary for nearer relationship.
(b) Affinity.--Marriage is null when contracted between
relatives-in-law, or those who are kin by valid, even though
unconsummated, marriage. But the impediment exists only between the
husband and his wife’s blood relatives, and vice versa. In the direct
line it includes all degrees; in the collateral line it extends to the
second degree inclusive. Hence, a widower is impeded from marrying all
the lineal relatives of his deceased wife (her mother, grandmother,
daughter, granddaughter, etc.), and the following of her collateral
relatives: her sisters, her aunts, her nieces, her first cousins.
Affinity is multiplied by multiplication of the consanguinity on which
it is based (e.g., when a woman is doubly related to one’s deceased
wife), and by successive marriages (e.g., when a woman is the sister of
a man’s two deceased wives). The impediment of affinity is justified by
moral reasons--by the mutual reverence that should exist between those
who are closely related by marriage, by the dangers to which their
relationship would be exposed if they were able to marry, and by the
good of society, which is promoted when marriage is not confined within
to narrow a circle. But the impediment is entirely ecclesiastical, for
the Church can dispense in all degrees, and the relationship is only an
imperfect copy of consanguinity.
(c) Public Decency.--This impediment, also known as quasi-affinity,
arises from an invalid, even though unconsummated, marriage, and from
public or notorious concubinage; and it annuls marriage in the first
and second degrees of the direct line between the man and the blood
relatives of the woman, and vice versa. The reason for the impediment
is the unbecomingness of marriage with the near relatives (i.e., the
mother, daughter, grandmother, granddaughter of the woman, and the
father, son, grandfather, grandson of the man) of a person with whom
one has lived in putative marriage or concubinage. The impediment is
less strict than that of affinity, and is of ecclesiastical law only.
(d) Spiritual Relationship.--This impediment nullifies marriage between
a baptized person and the person who baptized him or her or who stood
for him or her in Baptism. The minister and the sponsor contract a
relationship of spiritual parenthood to the baptized person, since
Baptism is a supernatural birth and the godparents are charged with the
religious welfare of the godchild. Reasons of respect and of intimate
relationship make marriage between such persons unbecoming, and hence
the Church from early times has ruled against it.
(e) Legal Relationship.--Persons who in civil law are unable to marry
one another on account of the relationship arising from legal adoption
are also barred from marriage in Canon Law. The relations between an
adopted person and the members of the family into which he is adopted
are so close that human lawmakers have often felt it necessary to
declare adoption an impediment to marriage.
2819. Matrimonial Impediments Produced through Misdeeds.--(a)
Abduction.--There can be no valid marriage between a man who holds a
woman under restraint in order to compel her to marry him, if she has
been abducted by him or is violently detained by him in her residence
or elsewhere. If the woman who has been carried away or who is held
against her will marries unwillingly, the marriage is invalid according
to natural law; if she marries willingly, the marriage is invalid from
church law. Hence the impediment of abduction is of positive law only
and does not oblige infidels (see Canon 1064).
(b) Crime.--There can be no valid marriage between the following: those
who during a legitimate marriage have consummated adultery together and
have mutually promised future marriage or have attempted marriage, even
though only civilly (Canon 1075); those who during the same lawful
marriage have consummated adultery together, and of whom one has
committed conjugicide; those who have cooperated physically or morally,
even though they are not adulterers, to murder the spouse of one of
them. The purpose of this impediment is to safeguard the fidelity and
rights of married persons, and to punish those who resort to adultery
or murder in the hope of a new marriage. The impediment is
ecclesiastical and does not affect infidels.
2820. Duties of the Pastor After the Inquiry about Impediments.--(a)
Dispensation.--If the pastor finds an impediment of natural or divine
law (e.g., the bond of an existing marriage), or an impediment which is
never dispensed (e.g., consanguinity in the first degree of the
collateral line, notorious conjugicide, when there is no danger of
death), he cannot proceed with the marriage. If he discovers another
impediment, he must inquire whether or not there is sufficient reason
for dispensation. For the impediments of occult crime, disparity of
cult outside of mission countries, age, Sacred Orders and religious
profession (also for neglecting the form of marriage), a grave reason
is necessary to permit marriage; but for the remaining impediments, a
less grave reason is required. The usual or grave reasons for
dispensation include the public good (e.g., peace between peoples,
prevention of serious litigations), a great private good (e.g., a
suitable marriage offered to a woman who on account of age or locality
can hardly find another such chance), great spiritual good (e.g.,
prevention of a mixed or civil marriage or great scandal, termination
of open concubinage), great temporal good (e.g., means to support the
family of a poor widow); but other and lesser reasons sometimes
suffice, as when the woman is illegitimate, an orphan, deflowered,
sickly, or homely, or the man needs someone to take care of him or of
his small children from a previous marriage, or when the marriage has
already been announced or will be of great advantage to the parents of
one of the parties. In case of urgent necessity or of danger of death,
the pastor and also the confessor or priest who assists at the marriage
are empowered to grant certain dispensations; in other cases
dispensation can be granted only by the local Ordinary or by the Holy
See. The petition for a dispensation must state the facts truthfully,
but must conceal the identity of the petitioner when the impediment is
occult. In executing a dispensation one must observe the conditions
laid down by the superior who granted it (see commentaries on Canons
1043 sqq.).
(b) Publication.--Even though it is morally certain that there is no
impediment, the banns of marriage should be proclaimed beforehand and
in the place where the parties have their domicile or quasi-domicile
(or residence, if they are _vagi_), and also, if necessary, in other
places where they have lived. This is a grave duty, since its purpose
is to ensure the validity and lawfulness of marriages. If it is morally
certain that there is no impediment, the Ordinary may dispense for a
good reason (see commentaries on Canons 1022 sqq.).
2821. After the Examination and Proclamation.--(a) If it is certain
that there is an impediment, the procedure will be that given in 2820
a; (b) if it is doubtful whether there is a diriment impediment, the
matter should be investigated more fully, but without defamation of the
parties, and if the doubt remains, the question should be submitted to
the Ordinary (see above, 2805 b); (c) if no impediment, certain or
doubtful, has been discovered, the pastor should approve the parties
for marriage.
2822. Duties of the Pastor as Regards the Religious Instruction of the
Engaged Couple.--(a) The pastor should require those who are not
confirmed to receive Confirmation before their marriage, if they can do
this without serious inconvenience.
(b) He should instruct the parties in the essentials of Christian
doctrine, if they are ignorant in these matters (see 920 sqq.), and he
should point out to them the nature of marriage as a contract and as a
Sacrament, its purposes and properties, the grace it confers and the
conjugal and parental duties it imposes, the necessity of preparing for
the Sacrament and of receiving it in the state of grace. He should also
speak about the impediments, so that the couple may understand the
disqualifications for a valid and lawful marriage; but this should be
done prudently, so as not to shock the innocent or to help others to
evade the law. But ignorance of the Catechism is not strictly an
impediment; and if the parties are unwilling to take instruction, they
should be married without it. In a mixed marriage it is often very
useful to give the non-Catholic a short course in Catholic teaching,
and all couples who are preparing for marriage would do well to read
some of the good works prepared especially for the use of engaged or
newly married people. The Code requires of pastors that in their
sermons they instruct the people on marriage and exhort them to avoid
mixed marriages and marriages with the unworthy (Canons 1018, 1064,
1065).
2823. The Pastor and the Duties of Engaged Couple.--The pastor should
also inquire about duties owed by the couple to others.
(a) Duties to Parents.--He should seriously admonish minors subject to
parental authority not to marry without the knowledge or against the
reasonable wishes of their parents. If the parents are opposed to the
marriage, the pastor should decide from the circumstances whether the
opposition is justified or not; if one parent only is unwilling, the
wishes of the father _per se_ have preference over those of the mother,
as he is the head of the family. If the engaged couple will not heed
the pastor, he is seriously bound to refuse to marry them until the
case has been presented to the Ordinary for decision (Canon 1034).
(b) Duties to Civil Law.--The State has no power over the Sacrament of
Matrimony, its bond, or its inseparable temporal effects (such as the
rights and duties of spouses, legitimacy of children and the like), but
it is competent in reference to merely civil effects and conditions,
which are temporal circumstances separable from the substance of
marriage. Hence, those who are getting married should comply with civil
formalities that do not trespass on church rights, such as registration
or marriage license.
2824. Opposition of Parents to Marriage.--In deciding whether the
parental opposition to a marriage is reasonable or not, the pastor
should take into consideration both the motives for the opposition and
the reasons in favor of the marriage.
(a) The motives for the opposition are reasonable, if the parents
object because of the undesirability of one of the couple, or their
incompatibility, or the evil consequences that will follow the
marriage. A person is undesirable on account of defects of soul (e.g.,
an atheist, a drunkard, a libertine, a man or woman of ill-fame, a
cruel man, an ill-tempered woman), or of body (e.g., a person who is
deformed, or malodorous, or afflicted with syphilis or other serious
disease), or of mind (e.g., a half-witted person), or of economical
ability (e.g., a man who is a gambler or spendthrift, or who is unable
to earn a living; a woman who is loaded with debts or who cannot take
care of a home). There is incompatibility when the ages of the couple
or their rank in life, their race, their education, their tastes, or
their dispositions are utterly different. There are evil consequences
when scandals, hatreds, disgrace, or loss of temporal goods will ensue.
(b) The reason for the marriage, however, may suffice to prevail over
the parental objections. Thus, if the strong disapproval of relatives
is the only reason against a marriage and its abandonment will make the
couple unhappy for life, charity does not oblige to such a sacrifice.
And the temporal advantage of a family should not be preferred to the
spiritual benefit, if their son who is wild wishes to marry a poor girl
who has a good influence over him rather than a wealthy girl whom he
does not admire.
2825. Religious Duties before Marriage.--(a) Confession.--A public
sinner (e.g., one who has been living in concubinage) is obliged to go
to confession before marriage in order to repair his scandal. A sinner
whose guilt is not public must repent before receiving the Sacrament of
Matrimony, since it is a Sacrament of the Living and supposes the state
of grace; but an act of contrition strictly suffices. It is
recommended, however, that all persons go to confession as a
preparation and that they make a general confession. The confessor
should be told of any occult or incriminating impediment that was not
disclosed to the pastor, and it is therefore advisable that the
confession precede the ceremony by several days, so as to allow time
for possible dispensations.
(b) Communion.--It is better that Communion be received on the day of
one’s marriage, but, if this is not convenient, it may be received
several days before or several days after. There is no command as to
this, but the Church’s counsel is most earnest.
2826. The Celebration of Marriage.--(a) Requisites for Validity.--In
order to be valid, a Catholic’s marriage must be celebrated in the
presence of the parish-priest or Ordinary, or of a priest delegated by
either, and of at least two witnesses. There are two exceptions to this
law, namely, in danger of death when the priest cannot be had and in
the case of inability to appear before a priest within a month. This
law is most suitable, since marriage is not a mere profane contract,
but a Sacrament subject to the Church; the law is also necessary, since
secret or clandestine marriages would be impossible of proof, and
society and the family would be seriously harmed if they were permitted
except in very extraordinary cases.
(b) Requisites for Lawfulness.--The pastor assists lawfully at a
marriage if he has assured himself of the freedom of the parties to
marry and of his own right to assist officially at their marriage. The
pastor has the right to witness a marriage when the parties are his
subjects by reason of their location in his parish, or when he has
permission from their pastor or Ordinary to assist at the nuptials.
When the bride is from one parish and the groom from another, the rule
is that the marriage should be held before the bride’s pastor (Canons
1094 sqq.)
2827. The Rite of Marriage.--(a) The essential rite consists in the
words of consent spoken by the bride and groom. The assisting priest
asks for this consent, and then (except in a mixed marriage) blesses
the newly married pair and the ring. Marriage by sign language or
through an interpreter or proxy is not lawful without special
permission, and marriage by letter is not recognized (Canons 1088 sqq.).
(b) The accidental rite is the nuptial blessing bestowed during the
Nuptial Mass that follows on the marriage. This is omitted in mixed
marriages, and also as a rule during Advent and Lent. The place for
marriage is regularly in the parish church, if it is a Catholic
marriage, but outside the church if it is a mixed marriage (see Canons
1100 sqq.). The Ordinary may dispense from the requirements of place
(Canon 1109).
2828. Cooperation in an Unworthy Marriage.--(a) The Priest.--The
clergyman acts as the official representative of the Church, and hence
only a serious reason will permit his assistance when the unworthiness
of one of the parties is known to him in an extra-confessional way. A
serious reason would be a threat of bodily harm to the priest or great
spiritual detriment to the parties, such as their continuance in the
state of sin. A more serious reason is required if one of the parties
is an _excommunicatus vitandus_. Finally, at times only passive
assistance is permitted, as in certain mixed marriages in which the
non-Catholic refuses to give guarantees, but there is greater danger of
perversion without than with the assistance (see 2677 sqq.).
(b) The Spouses.--The bride and groom are the ministers as well as the
recipients of Matrimony, and hence, if one of the parties knows that
the other is not in the state of grace, there is an administration of a
Sacrament to an unworthy recipient. But only charity would bid one to
deny the Sacrament to that other party, if one could not induce him to
dispose himself, and charity does not oblige with great inconvenience.
Hence the worthy party, if he or she has a suitable reason for
marrying, does not sin by reason of the other party’s unworthiness.
(c) The Witnesses.--The cooperation of the witnesses is less than that
of the priest and of the worthy party, and hence only in an
extraordinary case do the witnesses sin by assisting at a marriage
contracted before the Church. They may presume that all is well, if the
pastor has agreed to the marriage; and even though they are certain
that the bride or groom is in mortal sin, the fear of incurring
displeasure or harm will ordinarily excuse the best man or bridesmaid
from all sin, or at least from grave sin.
2829. Registration of Marriages.--The Code requires that marriages be
recorded in the matrimonial and baptismal registers, and that
notification be sent to the pastors of the parishes where the bride and
the groom were baptized. This duty seems to be grave, since its end is
to provide for stable conditions and secure proof of freedom to marry.
The entries should be made without delay (i.e., within three days at
least), lest they be overlooked or be made incorrectly (Canon 1103).
2830. When an Impediment Is Discovered after Marriage.--A diriment
impediment or other invalidating defect is sometimes discovered after
the celebration of marriage. There are various solutions of this
difficulty.
(a) If the marriage can be validated (or made valid), this should be
done. The manner of simple validation of marriages null on account of
diriment impediment, defective consent or lack of form, is declared in
Canons 1133-1137.
(b) If the marriage cannot be validated simply, it may be made valid in
certain cases by the special validation known as a _sanatio in radice_.
This supposes that a consent naturally sufficient, but juridically
insufficient, was given, and that a renewal of consent cannot be
obtained (see Canons 1138-1141).
(c) If marriage cannot be validated in any way (as in the case of an
indispensable impediment), the parties should be separated, or
permitted to live together as brother and sister, or left in good
faith. Thus, if the nullity of the marriage is public, the parties
should be separated after a declaration of nullity; if the nullity is
secret and unprovable, the parties may be permitted to live together as
brother and sister, if they know the marriage is null, but are not
exposed to the danger of incontinence; if the parties are in good faith
about their marriage and it is foreseen that serious evils would result
were they told the truth (such as bad faith, or misfortunes for the
children), they may be left as they are.
2831. The Lawfulness of Divorce and Separation.--(a) Complete divorce,
or dissolution of the bond with the right to remarry during the
lifetime of the other spouse, is never lawful, except in the cases
mentioned in 2787 e. Moreover, the civil lawgiver has no right ever to
dissolve the marriage tie, for the marriage bond of Christians is
sacramental and not subject to the State, while the marriage bond of
non-Christians is indissoluble by human authority. On the death of one
spouse, however, the survivor is free to marry again, though chaste
widowhood is more honorable.
(b) Incomplete divorce, or separation from bed and board, is allowed
permanently to the innocent spouse in case of adultery, and temporarily
when there are other good reasons. Thus, if one of the parties becomes
an apostate, or gives non-Catholic education to the children, or leads
a criminal or disgraceful life, or makes common life too hard by his
cruelty, or endangers the other party in soul or body, the innocent
spouse may separate after appealing to the Ordinary, or may depart on
his or her own authority, if the facts are certain and there is danger
in delay (Canons 1118 sqq.). With permission one may even seek a civil
divorce, if it is a separation only, in order to be free as regards
civil effects of marriage (1950).
APPENDIX I
SUMMARY OF COMMON LAW ON PROHIBITION OF BOOKS
(Holy Office, 17 Apr., 1943)
[placed at end of Volume I, after section 1625, in print edition]
Seeing that delays and omissions in denouncing the books frequently
occur, and that many of the faithful are in a state of deplorable
ignorance regarding the denunciation and prohibition of harmful books,
the Supreme Sacred Congregation of the Holy Office deems it appropriate
to call to mind the principal provisions of the sacred canons on this
subject; for it is beyond doubt that bad or harmful writings expose
purity of faith, integrity of morals, and the very salvation of souls
to the greatest dangers.
Certainly the Holy See cannot by itself, with adequate care and in due
time, prohibit the numberless writings against faith and morals which,
especially in our time, are being published almost daily in various
languages all over the world. Hence it is necessary that the Ordinaries
of places, whose business it is to preserve sound and orthodox doctrine
and to protect good morals (C, 343, Sec.1), should, either personally
or through suitable priests, be watchful as to the books which are
published or sold in their territory (C. 1397, Sec.4), and forbid to
their subjects those which they judge should be condemned (C. 1395,
ASec.1). The right and duty to forbid books for just cause belongs also
to an Abbot of an independent monastery and to the Superior General of
a clerical exempt Institute acting with his Chapter or Council; nay,
in case of urgency, it belongs also to the other Major Superiors with
their proper Council, it being understood, however, that these must as
soon as possible report the matter to the Superior General (C. 1395,
Sec.3). Nevertheless, books which require a more expert scrutiny, or
in regard to which, for salutary results, the judgment of the supreme
authority seems to be required, should be referred by the Ordinaries to
the judgment of the Holy See (C. 1397, Sec.5).
It is, of course, the duty of all the faithful, and especially of
clerics, to denounce pernicious books to the proper authority; but this
duty is especially incumbent on clerics who have some ecclesiastical
dignity, such as the Legates of the Holy See and the Ordinaries of
places, and on those who are eminent in doctrine, as for example the
Rectors and Professors of Catholic Universities.
The denunciation is to be made either to this Congregation of the Holy
Office or to the Ordinary of the place, giving by all means the reason
why it is thought the book should be forbidden. The persons to whom
such a report is made have a strict duty to keep secret the names of
those who make it (C. 1397, Sec.1, 2, 3).
Finally, Ordinaries of places and others who have the care of souls
should duly inform the faithful of the following:
a) The prohibition of books has the effect that, unless due permission
is obtained, the forbidden book may not be published, nor republished
(without making the corrections and obtaining due approbation), nor
read, nor retained, nor sold, nor translated into another language, nor
in any way communicated to other persons (C. 1398, Sec.1, 2);
b) Books condemned by the Holy See are considered as forbidden
everywhere and in whatever language they may be translated (C. 1396);
c) The positive ecclesiastical law forbids not only those books which
are individually condemned by a special decree of the Holy See and
placed on the Index of Forbidden Books, or which are proscribed by
particular Councils or Ordinaries for their subjects, but also the
books which are forbidden by the common law itself, that is, in virtue
of the rules contained in Canon 1399, which forbids in a general manner
nearly all books which are bad and harmful in themselves;
d) The natural law forbids the reading of any book which occasions
proximate spiritual danger, since it forbids anyone to place himself in
danger of losing the true faith or good morals; accordingly, permission
to use forbidden books, from whomsoever it be obtained, in no way
exempts from this prohibition of the natural law (C. 1405, Sec.1).
APPENDIX II
The “Ecumenical Movement”
[placed at end of Volume I, after the preceding Appendix, in print
edition]
On December 20, 1949 the Holy Office issued an instruction on the
“Ecumenical Movement” addressed to all local Ordinaries. In its
prefatory remarks the Instruction insisted upon the Church’s intense
interest to attain to the full and perfect unity of the Church. It
noted as an occasion of joy the desire of many separated from the
Church to return to the unity of Christ’s fold, a good intention,
indeed, which, however, in being put into practice has not been
regulated by right principles. Accordingly the Holy Office prescribed
that local Ordinaries maintain due vigilance over the associations
seeking Church Unity, that they designate well-qualified priests to
pay close attention to everything which concerns the “Movement,” and
that they supervise publications on this matter by Catholics or by
non-Catholics, in as far as these are published, or read, or sold by
Catholics. The manner and method of proceeding in this work is to be
regulated by the Ordinaries, who are cautioned to prevent the growth of
indifference to Catholic truth and fallacious hopes of unity based upon
false or impossible foundations. With regard to mixed assemblies of
Catholics and non-Catholics, when there seems to be hope of spreading
knowledge of Catholic doctrine, the Ordinary is instructed to designate
well-qualified priests, to explain and defend the Church’s teaching.
Special permission, however, must be obtained from Ecclesiastical
Authority if Catholic laymen are to attend. Where no hope of good
results exists, the meetings are to be ended or gradually suppressed.
The following specific instructions are given for the conduct of
“Ecumenical meetings.”
All the aforesaid conferences and meetings, public and non-public,
large and small, which are called for the purpose of affording an
opportunity for the Catholic and the non-Catholic party, for the
sake of discussion, to treat of matters of faith and morals, each
presenting on even terms the doctrine of his own faith, are subject
to the prescriptions of the Church which were recalled to mind in the
_Monitum, “Cum compertum_” of this Congregation under date of 5 June,
1948. Hence, mixed congresses are not absolutely forbidden; but they
are not to be held without the previous permission of the competent
Ecclesiastical Authority. The _Monitum_, however, does not apply to
catechetical instructions, even when given to many together, nor to
conferences in which Catholic doctrine is explained to non-Catholics
who are prospective converts, even though the opportunity is afforded
for the non-Catholics to explain also the doctrine of their church so
that they may understand clearly and thoroughly in what respect it
agrees with the Catholic doctrine and in what it differs therefrom.
Neither does the said _Monitum_ apply to those mixed meetings of
Catholics and non-Catholics in which the discussion does not turn upon
faith and morals, but upon ways and means of defending the fundamental
principles of the natural law or of the Christian religion against the
enemies of God who are now leagued together, or where the question is
how to restore social order, or other topics of that nature. Even in
these meetings, as is evident, Catholics may not approve or concede
anything which is in conflict with divine revelation or with the
doctrine of the Church even on social questions.
As to local conferences and conventions which are within the scope of
the _Monitum_ as above explained, the Ordinaries of places are given,
for three years from the publication of this Instruction, the faculty
of granting the required previous permission of the Holy See on the
following conditions:
1. That _communicatio in sacris_ be entirely avoided;
2, That the presentations of the matter be duly inspected and directed;
3. That at the close of each year a report be made to this Supreme
Sacred Congregation, stating where such meetings were held and what
experience was gathered from them.
4. As regards the colloquies of theologians above mentioned, the same
faculty for the same length of time is granted to the Ordinary of the
place where such colloquies are held, or to the Ordinary delegated for
this work by the common consent of the other Ordinaries, under the same
conditions as above, but with the further requirement that the report
to this Sacred Congregation state also what questions were treated, who
were present, and who the speakers were for either side.
As for the interdiocesan conferences and congresses, either national
or international, the previous permission of the Holy See, special for
each case, is always required; and, in the petition asking for it,
must also be stated what are the questions to be treated and who the
speakers are to be. And it is not allowed, before this permission has
been obtained, to begin the external preparation of such meetings or to
collaborate with non-Catholics who begin such preparation.
5. Although in all these meetings and conferences any communication
whatsoever in worship must be avoided, yet the recitation in common of
the Lord’s Prayer or of some prayer approved by the Catholic Church, is
not forbidden for opening or closing the said meetings.
6. Although each Ordinary has the right and duty to conduct, promote,
and preside over this work in his own diocese, yet the cooperation of
several Bishops will be appropriate or even necessary in establishing
offices and works to observe, study, and control this work as a
whole. Accordingly it will rest with the Ordinaries themselves to
confer together and consider how a proper uniformity of action and
coordination can be obtained.
7. Religious Superiors are bound to watch and to see to it that their
subjects adhere strictly and faithfully to the prescriptions laid down
by the Holy See or by the local Ordinaries in this matter.
In order that so noble a work as the “union” of all Christians in one
true faith and Church may daily grow into a more conspicuous part of
the entire care of souls, and that the whole Catholic people may more
earnestly implore this “union” from Almighty God, it will certainly
be of assistance that in some appropriate way, for example through
Pastoral Letters, the faithful be instructed regarding these questions
and projects, the prescriptions of the Church in the matter, and the
reasons on which they are based. All, especially priests and religious,
should be exhorted and warmly encouraged to be zealous by their prayers
and sacrifices to ripen and promote this work, and all should be
reminded that nothing more effectively paves the way for the erring to
find the truth and to embrace the Church than the faith of Catholics,
when it is confirmed by the example of upright living.
INDEX TO VOLUMES I-II
The numbers refer to the sections in the text. Nos. 1-1625 are
contained in Volume I [of the print edition].
Abjectedness, definition, 2561.
Abnormal Mental States, as obstacles to voluntariness of acts, 40, 55;
effect on voluntariness of acts, 55.
Abortion, canonical penalties for, 1851 a.
Absolute Standard, in grave matter, 1899.
Abstemiousness, subjective part of temperance, 2465 a; definition,
2466; degrees of abstemiousness, 2467 a; austerity, 2468; excellence of
fasting and abstinence, 2469 a; sins opposed to abstemiousness, 2470 a.
See also Gluttony; Sobriety.
Abstinence, excellence of, 2469 a.
Abstinence, Total, see Sobriety.
Accession, title to private ownership, 1872 a; principles of accession,
1874.
Accusation, Judicial, obligation, 1966; when a malefactor is bound to
accuse himself, 1968; ethical conditions for lawful accusation or
denunciation, 1969; persons who may not act as accusers, 1970; judicial
accusation and fraternal correction, 1972; unjust accusation, 1973;
cessation of duty of accusation, 1794. See also Complaint.
Accused, see Defendant.
Act, Virtuous, intrinsic and extrinsic modes of performing, 1554;
essential and ideal modes, 1555.
Acts, Human, 22-62; definition, 23; knowledge requisite for, 24;
ignorance renders them involuntary, 28; effect of error, forgetfulness
and inadvertence on, 32-33; consent requisite for, 34; free and
necessary, 35 a; perfectly and imperfectly voluntary, 35 b; voluntary
absolutely and under a certain aspect, 35 c; voluntary in themselves or
directly and in their cause or indirectly, 35 d; voluntary, approvingly
and permissively, 36; omissions, 37-39; obstacles which destroy or
lessen voluntariness, 40 sqq.; voluntary acts either elicited or
commanded by the will, 56-62; intellectual, 61-62; sensible, 61-62;
external corporal, 61-62; morality of, 63 sqq.; acts forbidden to
clerics, 2603 a.
Acts, Meritorious, 106 sqq.
Acts, Moral, 63 sqq.; good, 76-78; bad, 79-80; indifferent, 82 sqq.;
morality of external act, 89 sqq.; morality of act indirectly willed,
94-95; morality of consequences of act, 96, imputability, 97 sqq,;
imputability in cases of double result, 103 sqq.; acts that are
objectively efficaciously and subjectively unjust, 1763 a, b, c. See
also Acts, Meritorious.
Acts of Charity, see Charity.
Acts of Faith, see Faith.
Acts of Hope, see Hope.
Acts, Voluntary, 35-39. See also Acts, Human.
Adjuration, definition, 2263; species of adjuration, 2264; solemn or
simple adjuration, 2264 a; imperative or deprecative adjuration, 2264
b; qualities of lawful adjuration, 2265; persons who may be adjured,
2266; use of exorcisms, 2267; effects of adjurations, 2268.
Adoration, see Religion.
Adornment, when lascivious, 1456 b.
Adulation, sin against affability, 2423 a.
Adultery, definition, 2530; sinfulness of adultery, 2530 b; degrees of
malice, 2530 c.
Advertence, full and partial, 174 sqq., 153, 196.
Advisor, implicit, 1779 c.
Aeromancy, form of divination, 2284 G.
Affability, virtue of, 2143 b; definition, 2421; offices of affability,
2422; sins against affability, 2423.
Affectation, vice opposite to modesty, 2566 b.
Afflictions, Medicinal, as remedies against sin, 283.
_Agapae_, in Early Church, 2185 a.
Age of Reason, Puberty and Majority, 433.
Agency, 1749 a.
Aggression, Unjust, 1831.
Albigensianism, 822 c.
Almsgiving, external effect of charity, 1210; definition, 1216; manner
of giving, 1217; forms of almsgiving, 1218; seven corporal works of
mercy, 1221; seven spiritual, 1222; comparison of corporal and
spiritual alms, 1224; duty of almsgiving, 1226 sqq.; three classes of
needy persons distinguished, 1233; three degrees of corporal need,
1236; rules on giving alms, 1237; gravity of the obligation, 1238;
refusal of alms and restitution, 1240; alms from ill-gotten goods, 1241
sqq.; almsgiving from the goods of another, 1244-1246; order of charity
in almsgiving, 1247; amount to be given, 1249, 1253; employment as
alms, 1249 b; when alms are excessive, 1250; clerics and almsgiving,
1252; time for almsgiving, 1255; manner, 1256; public charity cannot
take the place of almsgiving, 1257.
Alphonsus Liguori, Saint, preference for Equiprobabilism, 696, 697,
698; on obligation of judge when evidence is contrary to his personal
knowledge, 1951 c.
Ambiguous Answers, lawfulness of, 2402.
Ambition, as incentive to envy, 1330; vice against greatness of soul,
2450 b.
Amendment, Resolution of, 2736.
American Law on Bankruptcy, 1788.
Amusements, forbidden to Clerics, 2603 c.
Anarchists, condemned by Church, 947 b.
Anger, 269; immediate cause of fighting, 1431; a cause of contumely,
2017 c; definition, 2546; gravity of the sin of anger, 2547; anger
compared with hatred and envy, 2548; one of the seven capital vices,
2549.
Annuities, 1749 b.
Anti-Nationalism, sin against piety, 2349 b.
Anti-Tutiorism, 672 b.
Apology, as reparation for contumely, 2023 b; manner of apologizing,
2024.
Apostasy, definition, 835; comparative gravity of sins of apostasy,
837; objectively speaking, no reason can justify apostasy, 838;
apostasy to non-Catholic and anti-Catholic sects, 839.
Appeal, right of accused, 1982.
Appetites, Sensible, 46.
Appetites, Sensitive, as subject of sin, 231.
Appetites, Spiritual, 46.
Arianism, 822 c.
Art, intellectual virtue, 146 b; one of the two practical virtues of
intellect, 1627 a.
Assent, External and Internal, 760 a, b; objects, 761 d.
Assistant Priest, special duties of, 2607 c.
Astrology, a form of divination, 2285 c.
Astuteness, a form of evil prudence, 1651 a.
Attrition, see Contrition.
Augury, a form of divination, 2285 d.
Auspice, a form of divination, 2285 d.
Austerity, nature and kinds, 2468.
Authority, can supply indirect certitude, 652; kind necessary to make
opinion solidly probable, 707.
Avarice, 269; opposed to liberality, 2426; comparison of avarice and
prodigality, 2429.
Backbiting, see Defamation.
Bailments, 1749.
Bankruptcy in American Law, 1788.
Baptism, Sacrament of, faith necessary for adult candidate, 791;
the most necessary Sacrament, 2686; effect is regeneration, 2686 a;
material element of Baptism, 2686 b; formal element, 2686 c; Solemn
Baptism, 2637 a; Private Baptism, 2687 b; duties of pastors, 2688;
duties of parents and guardians, 2689; sponsors required by Church
from very early times, 2690; requirements for validity and lawfulness
of sponsors, 2690 a, b; duties of sponsors, 2691; duties of adult
recipients of Baptism, 2692; duties of minister of Baptism, 2693.
Barter, 1749 c.
Beatitudes, 159 c, 164, 1662; rewards promised, 165; Third, 811; First,
1058; Seventh, 1619; Sixth, 1662; Fourth and Fifth, 2433; Eighth, 2457;
Second, 2571.
Beneficence, external effect of charity, 1211 sqq.; regulated by
the order of charity, 1213-15; sins against, 1444 sqq. See Scandal;
Obscenity; Seduction; Cooperation.
Benefices, Ecclesiastical, 1758; institution of benefices, 2185 h.
Bestiality, form of impurity, 2534 d.
Betrothal, duties of persons engaged to marry, 2627; duties imposed by
engagement to marry, 2628; courtship, 2628; duty to manifest defects,
2628 b; fidelity during the engagement, 2628 c; right to manifest
affection, 2628 c; formal promise to marry imposes duty of marriage
within a reasonable time, 2628 d; breaking of engagement, 2628 d; duty
of restitution in breach of promise, 2628 d; signs of affection between
engaged persons, 2629.
Bills, unjust refusal to pay, 1794.
Birth-Control, see Matrimony, Sacrament of.
Bishop, interpreter of diocesan laws, 486; special duties, 2607 a.
Blackstone, on purely penal character of civil laws, 570 b.
Blasphemy, Sin of, 887 sqq.; heretical and non-heretical, 889;
interpreting cases of doubtful blasphemy, 894; sinfulness of blasphemy,
895; the greatest sin against faith, 895 b; species of blasphemy, 897;
circumstances which aggravate, 897 d; blasphemies against the Three
Divine Persons, 898; despair and presumption as blasphemy, 899 a; sin
against Holy Ghost, 900; state of malicious sin, 901; remedies against
blasphemy, 902; absolution, 903.
Blessed Sacrament, Confraternities of, 955 a.
Bluntness, vice opposite to modesty, 2566 b.
Bonaventure, Saint, on obligation of judge when evidence is contrary to
his personal knowledge, 1951 c.
Bond, definition of, 1886 a.
Bonds, purchase by clerics, 2605 e.
Books, when obscene, 1456 e; forbidden, see Writings, Forbidden.
Booty, obligation to make restitution, 1414.
Borrowing, Sinful, 1879 b.
Brahmanism, 822 a.
Breach of Promise, damages resultant on, 1888 a.
Bribery, Judicial, see Judge.
Broth, use forbidden on Friday, 2586 c.
Buddhism, 822 a.
Buying and Selling, 1749 b.
Calumny, definition, 2030 e; worst kind of defamation, 2032 d. See also
Defamation.
Candidates for Public Office, lawfulness of revelations about, 2071.
Capital Vices, Seven, 269 sqq.
Carbonari, forbidden by Church, 947 h.
Cardinal Virtues, 150. See also Prudence; Justice; Fortitude;
Temperance.
Carelessness, caused by sloth, 1324, 1326 c, 1327.
Casuistic Method, in Moral Theology, 13.
Catholic Daughters of America, 955 b.
Caution, integral part of prudence, 108 b.
Celibacy, origin and obligation, 2602 a.
Censorship, Government, not desirable, 1458 e.
Censures, by the Church, 761 c.
Ceremonial Law, see Law, Mosaic.
Certainty, of knowledge, 1630; certainty of practical truth, 1630.
Certitude, necessary for prudence, 1630.
Certitude of Conscience, necessity, 641-642; kinds, 643 sqq.;
metaphysical, physical and moral, 644 sqq.; speculative and practical,
647; demonstrative and probable, 649; direct and indirect, 651;
principle of authority and reflex principles supply indirect certitude,
652.
Charity, theological virtue of, 151; compared with faith and hope,
157; remains in the blessed, 158; Fruit of the Holy Ghost, 163;
definition, 1105; charity and natural love, 1106 sqq.; true friendship
with God, 1112; uncreated and created charity, 1113-1114; excellence
of, 1115; charity and beatific vision, 1116; production of charity,
1121; origin, 1122; may be increased, 1124; perfect charity, 1129;
three degrees, 1130; decline of charity, 1131; loss of, 1132; object
of, 1133; love of creatures not always charity, 1134; sinful, natural
and supernatural self-love, 1136; friendship and charity, 1137-1141;
love of neighbor, 1139; charity for sinners, 1142-1147; for enemies,
1148 sqq.; common signs of charity, 1154; refusal of greeting a lack
of charity, 1157; general order of charity, 1158; character of love of
God, 1160 sqq.; sacrifice of spiritual goods for neighbor’s sake, 1163;
love of the body, 1164; order of charity between neighbors, 1171 sqq.;
order of charity between relations, 1176 sqq.; acts of, 1183 sqq.;
exercise of act, 1184; internal effects of charity, 1103; joy, 1194;
peace, 1195 sqq.; reconciliation with God effected by charity, 1196;
what reconciliation with enemies demands, 1198; manner and time of
seeking reconciliation, 1202 sqq.; external effects of charity, 1210;
beneficence (q.v.), 1211; almsgiving (q.v.), 1216; fraternal correction
(q.v.), 1258 sqq.; hate (q.v.), 1295 sqq.; sins against peace, 1347
sqq.; opposition between schism and charity, 1371; schism greatest sin
against neighbor, 1372; duty of owner towards one in dire need, 1925 a.
Charity, Commandments of, in Old Testament, 1547 a; in New Testament,
1547 b; precepts of secondary acts of charity, 1551; prohibitions of
uncharitableness, 1552; commandment of love of God, 1553 sqq.; modes
of performing act of love of God, 1554-1555; must be subjectively
and objectively great, 1556; actual and habitual, 1557; degrees of
perfection of this act, 1560; commandment of love of self, 1561;
pursuit of supernatural, intellectual and corporal goods, 1563-1564;
care of the mind, 1564; commandment of love of neighbor, 1579 sqq.;
conditions, 1582; fulfillment of the commandments of charity, 1585
sqq.; various ways of fulfillment, 1586; external acts must be
accompanied by internal love, 1588; internal act must be explicit,
1589; proper intention, 1590; obligation is universal, 1592; times
when the precepts of charity oblige, 1593 sqq.; ignorance as excuse
for omission, 1596; cases when love of neighbor must be explicit,
1603; necessity of habit of charity, 1604; order of charity is also
commanded, 1606.
Chastity, Fruit of the Holy Ghost, 163; subjective part of temperance,
2465 a; definition of chastity, 2486; fruit of Fear of the Lord, 2571
c; vow and virtue of chastity, 2612 b.
Chauvinism, sin against piety, 2349 a.
Children, compensation of, 2631; sex education of children, 2632;
duties of children, charity and piety, 2633; special love of parents,
2633 a; respect and assistance owed to parents, 2633 b.
Chiromancy, form of divination, 2285 b.
Christian Doctrine, Confraternities of, 955 a.
Christian Science, 823 b; refusal of medicine or hygienic care, 2304.
Circumspection, 1638 b.
Clairvoyance, form of divination, 2285 a.
Clemency, definition, 2551; vices opposed to clemency, 2552 a.
Clergy, duty of charity to the poor, 2608 a; disposition of superfluous
wealth by beneficed clergy, 2609 a. See also Clerics.
Clerics, special duties of, 2596; duties before entering clerical
state, 2596 a; duties after entering clerical state, 2596 b; internal
vocation, 2597 a; external vocation, 2597 b; sinfulness of disregarding
vocation, 2598 a; positive duties of clerics, 2599 a; obligation of
Divine Office, 2600 a; excuses from the obligation of Divine Office,
2601 a; precept of clerical celibacy, 2602 a; negative duties of
clerics, 2603; forbidden acts, 2603 a; forbidden occupations, 2603 b;
forbidden amusements, 2603 c; prohibition against trading, 2604 a;
clerics and purchase and sale of stocks and bonds, 2605 a; duties of
clerical superiors, 2606 a; special duties of those who have care of
souls, 2607 a.
Clients, duties to lawyers, 2651 b.
Coercion, as obstacle to consent, 40; effect on voluntariness of acts,
52.
Coition, Unnatural, form of impurity, 2534 b.
Commandments, natural and supernatural, 330; of faith, 913 sqq.; hope,
1092 sqq.; charity, 1547 sqq.; prudence, 1657; justice, 2434-2436;
fortitude, 2458-2460; temperance, 2572.
Commandments, Ten, 2436 sqq.
_Commodatum_, 1749 a.
Communication, Dangerous, 882 sqq.; civil and religious communication,
882; when non-religious communication is sinful, 883; when religious
communication is sinful, 884; communication in worship, 956 sqq.;
private and public, 956; participation of non-Catholics in Catholic
worship, 957-958; restriction of this participation, 959; performance
of Catholic rites by non-Catholics, 960.
Communion, Holy, minister, 2703; recipient of the Eucharist, 2704;
persons who may receive Communion, 2704 a; persons who must receive
Communion, 2704 b; requirements in candidates for First Communion, 2704
b; dispositions for worthy Communion, 2705; confession, preparation and
thanksgiving, 2705 a; Rite in which Communion may be received, 2705
a; dispositions of body (Eucharistic fast and external reverence),
2705 b; necessary dispositions for frequent Communion, 2706 a; useful
dispositions for frequent Communion, 2706 b; duties of parents, pastors
and confessors in reference to Communion, 2707. See also Eucharist,
Holy.
Commutations, involuntary, 1748 a; voluntary, 1748 b.
Commutative Justice, see Justice.
Compensation, various kinds of, 1927; lawfulness of occult
compensation, 1928; unlawful occult compensation and restitution,
1929; conditions required by commutative justice for occult
compensation, 1930; occult compensation in doubt of law, 1931 b;
where there is strict right to compensation, 1932; where there is no
right to compensation, 1933; compensation of children and employees,
1934; conditions required by legal justice for occult compensation,
1935; conditions required by charity for occult compensation, 1936;
lawfulness of open compensation, 1937.
Compensationism, 731 sqq. See also Systems, Moral.
Complaint, duty of making complaint about private wrongs, 1967; persons
in whose favor one may denounce a private wrong, 1971. See also
Accusation, Judicial.
Complicity, see Cooperation.
Concupiscible Passions, 118-119. See also Passions.
Condemnations, of error by the Church, 761 b.
Condign Merit, see Merit.
Condiments, not forbidden on Friday, 2586 c.
Confession, see Penance, Sacrament of.
Confessors, duties of, regarding obligation of restitution, 1760; need
of prudence, 1650 a. See also Penance, Sacrament of.
Confirmation, Sacrament of, 2694; remote and proximate matter,
2694 a; form, 2694 b; minister of Confirmation, 2695; recipient of
Confirmation, 2696; sponsors in Confirmation, 2697; qualifications
and duties of sponsors, 2697 a, b; duties of pastor in reference to
Confirmation, 2698.
Confucianism, 822 a.
Congruous Merit, see Merit.
Conscience, and Moral Theology, 2; definition, 575; variously divided,
576; true or false, 577; good (right) or bad (wrong), 578 a; certain
or uncertain, 578 b; obligation of, 580; authority not unlimited, 581;
no autonomous morality, 581 a; when conscience must be followed, 582;
erroneous and doubtful conscience, 585; results of following erroneous
conscience, 588; results of disobeying erroneous conscience, 589-591;
a good conscience, 593 sqq.; antecedent and consequent conscience,
594; vigilant, tender and timorous conscience, 595; scrupulous
conscience, 596; lax conscience, 596 sqq.; malicious or non-malicious
laxity (reprobate or weak conscience), 598; partial or entire laxity,
599-600; Pharisaic conscience, 600; inculpable and culpable laxity,
601; causes of a lax conscience, 601; dangers of lax conscience, 602;
rules regarding sins due to lax conscience, 603-604; opinion as state
of conscience, 662 sqq.; remedies for lax conscience, 605; scrupulous
differs from strict (tender) conscience, 607 a; scrupulous conscience
differs from scrupulosity, 607 b; rules regarding scrupulous conscience
and sins, 608; dangers of scrupulous conscience, 609; perplexed
conscience, 611 sqq.; directions of St. Alphonsus regarding perplexed
conscience, 612; scrupulosity, 614 sqq.; distinct from scrupulous
conscience, 614 a; from a tender conscience, 614 b; from anxious,
doubtful or guilty conscience, 614 c; chief subjects of scruples, 615;
signs of scrupulosity, 616; internal causes of scrupulous conscience,
617; external causes, 618; sometimes tolerated by God, 619; dangers of
scrupulosity, 620; rules for the scrupulous, 621; qualities necessary
for successful direction of scrupulous, 625; scrupulous and past
confessions, 626; scrupulous and present confessions, 627; scrupulous
and performance of duties, 628; scrupulous and commission of sin,
630; remedies for scruples, 632 sqq.; signs of a good conscience,
638; certain conscience, 640 sqq.; kinds of certitude, 643 sqq.;
uncertain conscience, 654-655; doubt and suspicion, 656; presumption,
658; reflex principles to settle doubts, 657 sqq.; opinion, 662
sqq.; accusing or excusing, 668 a; forbidding or permitting, 668 b;
the moral systems, 672 sqq.; Tutiorism, 676 sqq.; Laxism, 680 sqq.;
Probabiliorism, 683 sqq.; Equiprobabilism, 688 sqq.; Probabilism, 701
sqq.; Compensationism, 731 sqq.; respective merits and use of the rival
systems of conscience, 740 sqq.; use by confessors, 741.
Conscience, Systems of, see Systems, Moral, and Conscience.
Consent, act of will, 59; consent of the will, condition of mortal
sin, 178, 184, 196; obstacles to, see Obstacles to Consent; qualities
necessary for valid consent, 1883; defects that invalidate consent,
1884.
Consolations, Spiritual, differ from devotion, 2151 b.
Contention, definition, 1355; sinfulness, 1357; causes, 1362.
Continence, potential part of temperance, 2465 c; nature of, 2544.
Continency, fruit of Fear of the Lord, 163, 2571 c.
Contraception, see Matrimony, Sacrament of.
Contract, forms of, 1749; gratuitous contracts, 1749 a; contract
as title to private ownership, 1892 b; elements of contract, 1877;
subject-matter of contract, 1878; when contracts are immoral, 1878
a; sinful contracts, 1879; qualities necessary for valid consent,
1833; defects that invalidate consent, 1884; when fear invalidates
consent to contract, 1884 c; form of contract, 1885; accidentals
of a contract, 1886; conditions added to contract, 1886 c; modes
of contract, 1886 d; obligation of entering into contract, 1887 a;
obligation of valid contract, 1888; quality of obligation in onerous
and gratuitous contracts, 1588 a; quantity of obligation in onerous and
gratuitous contracts, 1888 b; objects of obligation of contract, 1888
d; obligation of quasi-contract, 1888 d; cessation of obligation, 1889;
unilateral and bilateral contracts, 1749 a; onerous contracts, 1749
b, c; subsidiary contracts, 1749 d; immoral contracts, 1878 d; sinful
contracts, 1879; illegal contracts, 1880; unenforceable contracts, 1880
a; voidable contracts, 1880 c; contracts _ipso facto_ void, 1880 d;
qualities necessary in the parties contractant, 1881; legal privileges
of minors in connection with contracts, 1882; principles obligatory in
all forms of contracts, 2137; gratuitous contracts, 2137 a; onerous
contracts, 2137 b; aleatory contracts, 2137 c; fraudulent contracts,
2138.
Contractor’s Agreement, 1749 b.
Contrition, the first act of the penitent, 2729; perfect contrition,
2730 a; imperfect contrition or attrition, 2730 b; attrition based
solely on fear of punishment, 2731; servile fear of God, 2731 b;
slavish fear, 2731 b; attrition in the Sacrament of Penance, 2732;
disinterested love not required in Penance, 2732 b; interested love
necessary in Penance, 2732 e; conditions for valid contrition and
attrition, 2733; internal sorrow; 2733 a; supernatural sorrow, 2733
b; universal sorrow, 2733 c; sovereign sorrow, 2733 d; properties of
contrition, 2735.
Contumely, definition, 2010; various forms of, 2012; manner of
confessing contumely in Sacrament of Penance, 2013; sinfuless of
contumely, 2014; gravity of matter in contumely, 2015; causes of
contumely, 2017; duty of bearing with contumely, 2018; reasons for
resistance to contumely or detraction, 2019; duty of one who answers
contumely or detraction, 2020; duty of restitution for contumely, 2021;
what kind of reparation should be made, 2023; method of apologizing
for contumely, 2024; cessation of obligation of restitution, 2026; the
differences between defamation and contumely, 2029.
Cooperation, and restitution, 1775; positive cooperators in injury,
1779; negative cooperators, 1780; distinction between cooperators
as equal or unequal causes of injury, 1782; cooperation in suicide,
1855; cooperation in defamation, 2076 sqq.; cooperation in sinful
oaths, 2252; cooperation in divination or other form of superstition,
2296; cooperation in the sin of drunkenness, 2483 a; cooperation and
restitution, see Restitution. See also Cooperation in Sin.
Cooperation in Religious Activities, 976 sqq.; immediate and mediate,
976 sqq.; lawfulness of material cooperation, 978; most usual cases
of cooperation, 980; contributions to false worship, 981; building of
houses of false worship, 983-984; preparing for non-Catholic services,
985-986; resemblance to scandal, 1460 b.
Cooperation in Sin, definition, 1506; how it differs from complicity,
1507; formal or material, 1508 a; positive or negative, 1508 b;
occasional or effective, 1509 a; immediate or mediate, 1509 b;
indispensable or not indispensable, 1509 c; unjust or unlawful, 1510;
explicit or implicit, 1511; proximate or remote, 1512; sinfulness,
1513; lawfulness of material cooperation, 1515; gravity of reasons
necessary for cooperation, 1520 sqq.; lawfulness of immediate
cooperation, 1526; special cases, 1528; formal cooperation with evil
reading matter, 1529; with evil dances or plays, 1531; material
cooperation with evil dances or plays, 1532; cooperation by manufacture
of sinful objects, 1533 sqq.; cooperation in supplying food and
drink, 1537-1539; in renting houses, rooms, etc., 1540-1541; lawful
and unlawful cooperation of employees, 1542; duties of confessors,
1545-1546.
Correction, Fraternal, definition, 1258; distinct from judicial
correction and censure of vice, 1258 a, e; includes prevention of sin,
1258 d; duty, 1259-1261, 1282, 1284; when advisable and inadvisable,
1262-1263; doubtful cases, 1264; sin committed by omission or delay,
1265-1266; when person not a superior should make correction, 1267;
obligation of inquiring into suspected wrongdoing, 1269; private spying
uncharitable, 1269 c; faults that call for correction, 1270 sqq.;
correction of vincibly and invincibly ignorant, 1273 sqq.; past sins do
not demand correction, 1276; persons to be corrected, 1277; correction
of superior, 1278; persons to administer correction, 1279; persons
excused from duty, 1283; manner of correction, 1285-1291; secret and
public corrections, 1286; obligation of reporting an occult sin, 1287;
duties of superior when subject is reported for fraternal correction,
1292-1293; obligations for private individuals summarized, 1294.
Council of Trent, Catechism of the, points about which explicit faith
is required, 765.
Counsel, Gift of the Holy Ghost, 160 a.
Counsels of New Testament, 7, 364 sqq.; the three chief, 368;
superiority of, 366.
Counterclaim, definition, 1927 a.
Courage, inferior to justice, 1716 a.
Courtship, see Betrothal.
Cowardice, caused by sloth, 1324; sin against fortitude, 2446 b.
Creditors, order of preference among, 1787.
Credulity, 847.
Creed, knowledge of necessary, 920.
Creeds, summarize formulas of Christian teaching, 767; what articles
deal with, 767; Apostles’, Nicene and Athanasian Creeds, 769; Summary
of teaching of Apostles’ Creed, 770 sqq.
Cremation, societies for the promotion of, forbidden by Code, 946 b;
cremation of corpses, 2595 b.
Criticism, when sinful, 2038; when injustice is committed by
professional critics, 2075.
Cruelty, vice opposed to clemency, 2552 a.
Culpability, see Guilt.
Cunning, 1651 a.
Curiosity, compared with impurity, 2492 a.
Cursing, definition, 2111; when cursing is not sinful, 2112; sinfulness
of cursing, 2113; gravity of sin of cursing, 2114; circumstances that
change moral species of cursing, 2115; numerical multiplication in
sins of cursing, 2116; cursing of evil, 2117; unlawful cursing of an
irrational creature, 2119.
Custom, effect on law, 391 sqq.; kinds of, 392. See also Customs in
Canon Law.
Customs in Canon Law, 506 sqq.; may interpret, abrogate or introduce
law, 506; kinds of, 507; origin of, 508 a; legal force of, 508 b; time
required for acquisition of legal force, 511; cessation of, 513.
_Damnum_, definition, 1724 b.
Dances, when obscene, 1456 d; evil, formal cooperation with, 1531;
evil, material cooperation with, 1532.
Danger, of formal sin, 675 a, 678; of material sin, 675 b.
Dangerous Reading, see Reading, Dangerous.
Debates on Religion, generally inexpedient, 998.
Debt, moral and legal debt, 1692, 2141-43; moral degrees of, 2143.
Debt, Conjugal, 2614-17.
Decalogue, invincible ignorance of generally impossible, 321; Laws
of the First and Second Tables, 338; the precepts contained in the
Decalogue, 2436.
Deceit, form of lying, 2391 b.
Decency, subjective part of temperance, 2465 a; definition of decency,
2486 b.
Decision, Wise, potential part of prudence, 1646 b.
Defamation, definition, 2028; self-defamation, 2028 e; different forms
of defamation, 2030; differences between defamation and contumely,
2029; implicit and explicit defamation, 2030 b; direct and indirect
defamation, 2030 d; examples of indirect defamation, 2031; examples of
direct defamation, 2032; defamation by innuendo, 2033 a; defamation by
plain speech, 2033 b; sinfulness of detraction, 2036; right to true and
false reputation, 2037; sinfulness of gossip or criticism about real
and known defects, 2038; moral species of defamation, 2039; species
of sins of defamation, 2040; numerical multiplication of defamations,
2041; theological species of defamation, 2042; harm done by defamation,
2043; comparison of defamation with other injuries against neighbor,
2044; rule for determining seriousness of defamation, 2046; harm done
by reason of defects revealed, 2047; revelation of secret faults,
2048; harm done by reason of person defamed, 2049; meaning of the
expression “infamous in a certain place,” 2051 sqq.; revelation about
a person juridically in disrepute elsewhere, 2054; revelation about a
person actually in disrepute elsewhere, 2055; notoriety in a closed
community, 2057; revelation about a person formerly in disrepute,
2058; when the name of person defamed is not given, 2059; defamation
of deceased and legal persons, 2060; harm done by reason of person of
defamer, 2061; defamation at second hand, 2062; harm done by reason of
listeners, 2063; detraction to one discreet person, 2065; belittling
a person to himself, 2066; disclosing matters detrimental to third
party, 2067; rights that have precedence over false reputation, 2068;
unlawful attack on another’s false reputation, 2069; conditions that
justify revelation of another’s defects, 2070; revelations about
public officials or candidates for public office, 2071; revelations
about historical personages, 2072; revelations about persons who
figure in news of day, 2074; injustice in professional critics, 2075;
cooperation in defamation, 2076; direct consent to defamation, 2077;
persons who listen to defamation from curiosity, 2078; sinfulness of
indirect consent to defamation, 2079; guilt of superior who consents to
defamation, 2080; circumstances which lessen guilt of indirect consent,
2082; inaction in face of defamation, 2083; ways of opposing defamation
made in one’s presence, 2084; restitution for defamation, 2085; gravity
of obligation of restitution, 2086; conditions which entail duty of
restitution, 2087; cooperators and restitution, 2088; circumstances
of restitution, 2089; persons by whom restitution must be made, 2089,
2090; persons to whom restitution must be made, 2001; responsibility
of defamer for spread of defamation, 2092; first way of making
restitution, 2093; other methods of making restitution, 2094; legal
reparation for defamation, 2095; time when restitution for defamation
is to be made, 2096; cessation of duty of restitution, 2097; excuses
from restitution, 2098 sqq.; right of defamed person to condone injury,
2101. See also Derision; Tale-Bearing; Reputation.
Defects, Natural, of fallen man, 283.
Defendant, definition, 1975; duties of defendant in civil cases, 1976;
duties in criminal cases, 1977; duty of accused to plead guilty, 1978;
rights and duties of accused in conducting own defense, 1980; rights
and duties of accused who has been found guilty, 1982.
Defense of Self, see Self-Defense.
Definitions of the Church, solemn and ordinary, 761 b; by the Church,
761 c.
Defloration, definition, 2529.
Deism, 847 b.
Deliberation, Wise, potential part of prudence, 1646 a.
Delight, 119.
Demerit, definition, 107.
Demon, The, 284.
Denunciation, see Accusation, Judicial; Complaint.
Deposit, 1749 a.
Derision, definition, 2106; distinction between derision and jesting,
2107; sinfulness of derision, 2109.
Desire, 119; sinful, 237 sqq.
Desires, Evil, 232, 240 sqq.
Desires, Impure, see Impurity.
Despair, definition, 1061; despondency, 1062; pusillanimity and
spiritual sloth, 1064; despair of unbelief, 1065; signs indicating
despair, 1057; malice of despair, 1068; despair compared with other
sins, 1070; causes of despair, 1071; remedies for, 1074; caused by
sloth, 1324.
Detraction, reasons for resistance to contumely or detraction, 2019;
duty of one who answers contumely or detraction, 2020; definition, 2030
c. See also Defamation.
Devotion, definition of, 2150; differs from emotion, 2151 e; from
spiritual consolations, 2151 b; external and internal cause of
devotion, 2152.
Devotions, different forms of, 2151 c.
Discord, 1347 sqq.; definition, 1348; sinfulness of intentional and
unintentional, 1350-1351; origin, 1354; prohibition against, 1552.
Disobedience, see Obedience.
Dispensation from Law, 401; who may be dispensed? 403.
Dispensations, in the strict or wide sense, 309, 524 sqq.; differ from
privileges, 524; persons who can grant dispensations, 525-530; manner
of seeking, 531; how invalidated, 533; when dispensation is refused,
534; interpretation of faculty of dispensing, 536-537; cessation of,
537-541.
See also Matrimony, Sacrament of; Vows.
Distractions, see Prayer.
Distributive Justice, see Justice.
Divination, see Religion, Sins against.
Divining Rods, and divination, 2284 c.
Divorce, books in favor of divorce forbidden, 855 b. See also
Matrimony, Sacrament of.
Docility, integral part of prudence, 1637 b.
Doctors, as source of Moral Theology, 10.
Domicile, true and quasi-domicile, 436.
Double Result, effect on imputability of acts, 103 sqq.
Doubt, 655 sqq.; positive or negative, 655; as state of conscience,
656 sqq.; reflex principles for solution of doubt, 657 sqq.; cases of
negative doubt to be settled in favor of obligation, 661; negative
doubt of law, 709 a; of fact, 709 b-c; rash doubts, 1743; supervening
doubt of possessor in doubtful faith, 1776; antecedent doubt of
possessor in doubtful faith, 1777.
Doubt, Sin of, 840 sqq.; methodical and real, 840-841; involuntary,
indeliberate, unwelcome and ignorant, 842; negative, 844; positive,
845; passing and permanent, 846.
Dress, when lascivious, 1456 b; modesty in, 2569 a.
Druggists, duties of, 2651 c.
Drunkenness, sin against sobriety, 2476 b; passive drunkenness, 2477
a; degrees of the sin of drunkenness, 2479 a; malice of the sin, 2480
a; drunkenness compared with other sins, 2481 a; responsibility of
drunkard for sins committed while intoxicated, 2482 a; cooperation in
the sin of drunkenness, 2483.
Duelling, books in favor of, forbidden, 855 b; definition, 1435;
morality of, 1436; fallacy of arguments for, 1437; penalties against,
1438.
Dulia, species of reverence, 2325 c; obligation of religious cult of
dulia, 2354.
Duties, with regard to habits, 140; of man, 744 sqq.
Easter Communion, obligation of, 2592 sqq.
Eastern Star, among societies forbidden by Church, 946 b.
Education, neglect a sin against self, 1565.
Effects of Omissions, may be directly and indirectly voluntary, 38-39.
Egoism, sin against piety, 2349 b.
Election, act of will, 59.
Embezzlement, definition, 1893 a.
Emotion, differs from devotion, 2151 a.
Employees, duties in justice and charity, 2648. See also Employers.
Employers, duties in justice and charity, 2647; duties of, 2648; labor
disputes, 2649; obligation of giving employment, 2650.
Emulation, distinct from envy, 1331 a, 1339; when it is a sin, 1332.
Enemies, charity towards, 1148; general and special love of, 1151.
Enfeeblement, definition, 1866 c.
Engagement to Marry, see Betrothal.
Enjoyment, see Relaxation.
Envy, 269; sin against charity, 1328 sqq.; definition, 1328; objects
of, 1329; subjects of, 1330; distinct from emulation, fear and
indignation, 1331; lawful and unlawful emulation, 1332; lawful and
unlawful jealousy, 1333; lawful and unlawful grief at another’s
prosperity, 1334-1337; envy by nature a mortal sin, 1338; degrees of
gravity, 1341; one of capital vices, 1342; how preeminent among sins,
1344; useful considerations and practices against envy, 1345-1346;
as origin of discord, 1354; origin of contention, 1362; prohibition
against, 1552.
Epieikeia, 358; in human laws, 385, 411 sqq.; definition, 412; limits
on use, 414 sqq.; use in determining obligation of ecclesiastical laws,
503; a. subjective part of justice, 2144. See also Equity.
Equiprobabilism 688 sqq. See also Systems, Moral.
Equity, subjective part of justice, 2430; greatness of legal equity,
2432; definition of equity, 2431.
Error, resembles ignorance, 32; practical and speculative, effect on
gravity of sin, 249; may diminish theological guilt, 1764 b.
Escape from Prison, when licit, 1982 b.
Espousals, see Betrothal.
Ethics, and Moral Theology, 2.
Eucharist, Holy, 2699; the chief Sacrament of the Church, 2699;
matter and form of the Eucharist, 2700; qualities of the bread, 2700
a; qualities of the wine, 2700 b; grave precept of Church regarding
the form, 2700 c; minister of consecration, 2701; duties of minister
as regards valid consecration, 2701 b; confession as preparation for
consecration, 2701 c; effect on consecration of inadvertent neglect of
grave liturgical precept, 2702; reservation of the Blessed Sacrament,
2708; duty of custody, 2708 a; duty of renewal of hosts, 2708 b; duty
of worship, 2708 c; visits to the Blessed Sacrament, 2708 c; Forty
Hours’ Devotion, 2708 c. See also Communion, Holy; Mass, Sacrifice of
the.
Eugenical Sterilization, 1869 c.
Euthanasia, definition, 2485.
Eutrapelia, virtue, 2421 e, 2567.
Exaggeration, form of defamation, 2032 c.
Executioners, become irregular by Canon Law, 1825.
Exorcisms, use of, 2267.
Extreme Unction, see Unction, Extreme.
Faith, Theological Virtue of, and Moral Theology, 2; definition, 151;
compared with charity, 157; ceases in the blessed, 158; excellence,
747; utility, 748-749; meaning, 750; St. Paul’s definition, 751;
St. Chrysostom’s definition, 751 a; St. Thomas’ definition, 751 b;
definition by Vatican Council, 798; material and formal objects, 754;
divine and Catholic faith, 755; divine and ecclesiastical faith,
756; private revelations, 757; human faith, 758 d; external and
internal assent, 760; solemn and ordinary definitions of Church, 761
b; condemnations of error, 761 b; definitions and censures, 761 c;
religious assent, 761 d; explicit and implicit, 763 sqq.; obligation of
explicit faith, 928; points about which explicit faith is required by
Catechism of Council of Trent, 765; faith is necessary for salvation,
766; formulas summarized in Creeds, 767; increase in articles of faith,
768; Apostles/ Nicene and Athanasian Creeds, 769; summary of teaching
of Apostles’ Creed, 770 sqq.; internal and external acts of faith, 782
sqq.; supernatural and natural truths to which assent must be given,
784; act of faith necessary, 785 sqq.; what must be believed with
implicit and explicit faith, 786; mysteries that must be believed, 787
sqq., 918, 920; substantial and scientific knowledge of mysteries, 790;
faith necessary for absolution, 792; merit of the act of faith; assent
of credibility, 795 a; preambles of faith, 795 b; habit of faith, 797;
properties of faith, 799; living and dead faith, 800; persons who have
or had faith, 801; persons who have not faith, 802; how faith must be
supreme, 803 a; faith must be universal but not necessarily explicit,
803 b; growth and decline of faith, 804-805; cause of faith, 806;
effects, 807; internal and external dangers to, 848; dangerous reading,
849 sqq.; dullness of understanding as sin, 912; blindness of mind as
sin, 912; Commandments of, 913 sqq.; commandment of knowledge, 914;
means of communicating knowledge, 915; degree of knowledge necessary,
919; knowledge of Creed, Decalogue, virtues, Sacraments, duties of
one’s state, Lord’s Prayer, 920; means for retention of knowledge, 922;
memorizing of Catechism, 923; commandment of internal acts of faith,
925; primary and secondary truths of revelation, 927; obligation of
affirmative commandment, 929; when and how often act of faith should
be made, 933-935; formal and virtual act of faith, 936; commandment of
external profession, 938 sqq.; denial of faith, 939; ways of denying
faith, 941; commandment of external profession, 987 sqq.; divine
precept of profession, 989; secret, private and public profession, 992
sqq,; obligation to give instruction on matters of faith and morals,
1001; ecclesiastical precept of profession, 1003; flight to avoid
profession, 1005; when concealment of one’s faith is lawful, 1007; sins
of unbelief, see Unbelief, Sin of. See also Unbelief; Heresy; Apostasy;
Doubt; Credulity; Rationalism.
Fame, see Reputation.
Fare, travelling without paying, 1907.
Fasting, excellence of, 2409 a. See also Abstemiousness.
Favoritism, sinfulness declared by Revelation, 1805; sinfulness
declared by reason, 1806; gravity of sin of favoritism, 1807;
favoritism in spiritual matters, 1809; favoritism in secular matters,
1812; favoritism in marks of esteem or honor, 1813; favoritism in
judges, umpires, arbitrators and the like, 1814 a.
Fear, as obstacle to consent, 40, 44; acts done with and through fear,
43; two moral species (fear of the world and of God), 1043; habitual
and actual fear, 1044; worldly fear as sin, 1045; servile and filial
fear of God, 1048 sqq.; initial and perfected fear, 1055; divine
commandments concerning fear, 1103; compared with envy, 1331 b, 1339.