Of the Marriage Consent Considered in Itself

Of the Marriage Consent Considered in Itself — St. Thomas Aquinas asks: Whether consent is the efficient cause of matrimony?; Whether the consent needs to be expressed in words?; Whether consent given in words expressive of the future makes a marriage?; Whether, in the absence of inward consent, a marriage is made by consent given in words of the present?; Whether consent given secretly in words of the present makes a marriage?.

In the next place we have to consider the consent; and the first point to discuss is the consent considered in itself; the second is the consent confirmed by oath or by carnal intercourse; the third is compulsory consent and conditional consent; and the fourth is the object of the consent.

Under the first head there are five points of inquiry:

Article 1: Whether consent is the efficient cause of matrimony?

Chrysostom [*Hom. xxxii in the Opus Imperfectum, falsely ascribed to St. John Chrysostom] says: "It is not coition but consent that makes a marriage."

Further, one person does not receive power over that which is at the free disposal of another, without the latter's consent. Now by marriage each of the married parties receives power over the other's body (1 Cor. 7:4), whereas hitherto each had free power over his own body. Therefore consent makes a marriage.

In every sacrament there is a spiritual operation by means of a material operation which signifies it; thus in Baptism the inward spiritual cleansing is effected by a bodily cleansing. Wherefore, since in matrimony there is a kind of spiritual joining together, in so far as matrimony is a sacrament, and a certain material joining together, in so far as it is directed to an office of nature and of civil life, it follows that the spiritual joining is the effect of the Divine power by means of the material joining. Therefore seeing that the joinings of material contracts are effected by mutual consent, it follows that the joining together of marriage is effected in the same way.

Article 2: Whether the consent needs to be expressed in words?

Matrimony is a sacrament. Now a sensible sign is required in every sacrament. Therefore it is also required in matrimony, and consequently there must needs be at least words by which the consent is made perceptible to the senses.

Further, in matrimony there is a contract between husband and wife. Now in every contract there must be expression of the words by which men bind themselves mutually to one another. Therefore in matrimony also the consent must be expressed in words.

As stated above (), the marriage union is effected in the same way as the bond in material contracts. And since material contracts are not feasible unless the contracting parties express their will to one another in words, it follows that the consent which makes a marriage must also be expressed in words, so that the expression of words is to marriage what the outward washing is to Baptism.

Article 3: Whether consent given in words expressive of the future makes a marriage?

A man who consents in words of the future tense to take a particular woman as his wife, and after, by words of the present tense, consents to take another, according to law must take the second for his wife (cap. Sicut ex Litteris, De spons. et matr.). But this would not be the case if consent given in words of the future tense made a marriage, since from the very fact that his marriage with the one is valid, he cannot, as long as she lives, marry another. Therefore consent given in words of the future tense does not make a marriage.

Further, he who promises to do a certain thing does it not yet. Now he who consents in words of the future tense, promises to marry a certain woman. Therefore he does not marry her yet.

The sacramental causes produce their effect by signifying it; hence they effect what they signify. Since therefore when a man expresses his consent by words of the future tense, he does not signify that he is marrying, but promises that he will marry, it follows that a consent expressed in this manner does not make a marriage, but a promise [sponsionem] of marriage, and this promise is known as a betrothal [sponsalia].

Article 4: Whether, in the absence of inward consent, a marriage is made by consent given in words of the present?

Innocent III says in a Decretal (cap. Tua Nos, De Spons. et matr.) in reference to this case: "Other things cannot complete the marriage bond in the absence of consent."

Further, intention is necessary in all the sacraments. Now he who consents not in his heart has no intention of contracting marriage; and therefore he does not contract a marriage.

The outward cleansing stands in the same relation to baptism as the expression of words to this sacrament, as stated above (). Wherefore just as were a person to receive the outward cleansing, with the intention, not of receiving the sacrament, but of acting in jest or deceit, he would not be baptized; so, too, expression of words without inward consent makes no marriage.

Article 5: Whether consent given secretly in words of the present makes a marriage?

Given the cause the effect follows. Now the sufficient cause of matrimony is consent expressed in words of the present. Therefore whether this be done in public or in private the result is a marriage.

Further, wherever there is the due matter and the due form of a sacrament there is the sacrament. Now in a secret marriage there is the due matter, since there are persons who are able lawfully to contract---and the due form, since there are the words of the present expressive of consent. Therefore there is a true marriage.

Just as in the other sacraments certain things are essential to the sacrament, and if they are omitted there is no sacrament, while certain things belong to the solemnization of the sacrament, and if these be omitted the sacrament is nevertheless validly performed, although it is a sin to omit them; so, too, consent expressed in words of the present between persons lawfully qualified to contract makes a marriage, because these two conditions are essential to the sacrament; while all else belongs to the solemnization of the sacrament, as being done in order that the marriage may be more fittingly performed. Hence if these be omitted it is a true marriage, although the contracting parties sin, unless they have a lawful motive for being excused. [*Clandestine marriages have since been declared invalid by the Council of Trent (sess. xxiv). It must be borne in mind that throughout the treatise on marriage St. Thomas gives the Canon Law of his time.]