Of the Consent to Which an Oath or Carnal Intercourse Is Appended

Of the Consent to Which an Oath or Carnal Intercourse Is Appended — St. Thomas Aquinas asks: Whether an oath added to the consent that is expressed in words of the future tense makes a marriage?; Whether carnal intercourse after consent expressed in words of the future makes a marriage?.

We must now consider the consent to which an oath or carnal intercourse is appended. Under this head there are two points of inquiry:

Article 1: Whether an oath added to the consent that is expressed in words of the future tense makes a marriage?

What is future is not yet. Now the addition of an oath does not make words of the future tense signify anything else than consent to something future. Therefore it is not a marriage yet.

Further, after a marriage is complete, no further consent is required for the marriage. But after the oath there is yet another consent which makes the marriage, else it would be useless to swear to a future marriage. Therefore it does not make a marriage.

An oath is employed in confirmation of one's words; wherefore it confirms that only which is signified by the words, nor does it change their signification. Consequently, since it belongs to words of the future tense, by their very signification, not to make a marriage, since what is promised in the future is not done yet, even though an oath be added to the promise, the marriage is not made yet, as the Master says in the text (Sent. iv, D, 28).

Article 2: Whether carnal intercourse after consent expressed in words of the future makes a marriage?

Pope Nicholas I says (Resp. ad Consult. Bulg. iii; Cap. Tuas dudum, De clandest. despons.), "Without the consent to marriage, other things, including coition, are of no effect."

Further, that which follows a thing does not make it. But carnal intercourse follows the actual marriage, as effect follows cause. Therefore it cannot make a marriage.

We may speak of marriage in two ways. First, in reference to the tribunal of conscience, and thus in very truth carnal intercourse cannot complete a marriage the promise of which has previously been made in words expressive of the future, if inward consent is lacking, since words, even though expressive of the present, would not make a marriage in the absence of mental consent, as stated above (). Secondly, in reference to the judgment of the Church; and since in the external tribunal judgment is given in accordance with external evidence, and since nothing is more expressly significant of consent than carnal intercourse, it follows that in the judgment of the Church carnal intercourse following on betrothal is declared to make a marriage, unless there appear clear signs of deceit or fraud [*According to the pre-Tridentine legislation] (De sponsal. et matrim., cap. Is qui fidem).