The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1915-03-27
MARRIAGE IMPROVEMENTS.

| An impeachment is defined as what
ever hinders, restricts or embarrasses
person in his movements, writes
Rev. Bernard 0'Reilly in . February
Extension" In legal language an
impeachment is understood to be what
prevents free, action or what prevents
person from performing regularly
any action cognizable by law. 1t
affects directly the capacity of an
agent by restraining him or entirely
suppressing his acts. It affects the
acts by rendering them either, void
able, or null and void. An impeachment
may arise from natural law, Divine
law or human law. Familiar impedi-
ments are those which render minor
or insane person incapable of making
legal contract. Removal of the dis
liability removes the impediment.
The fundamental ideas of matri-
monial impediments are contained in
the Book of Leviticus and in the
ancient Canons. Impediments are
classified and divided in different
ways. The chief distinctions are
those known as diriment impediments
and prohibitory impediments. The
distinction is something similar to
what are known in the civil law as
mandatory and directory laws. "A
diriment impeachment renders a. mar
riage null and void from the begin
ming. In fact, there can be no mar
riage at all where diriment impedi-
ment exists. Thus, for example, one
guilty Of adultery can not marry the
partner in his or her SIM The mar
riage of a Christian and an infidel
is null and void. In such ceases the
persons violating the law. must dis
solve their union.
A prohibitory impediment does not
render the marriage void, but illicit.
For example, marriages with heretics
are prohibited, and the dishensation
from the impeachment must be obtain
ed to render such marriages licit.
| Such marriages, while valid, are in di-
rect opposition to the will and the law
OF the Church, and become licit only
when the parties to it have made
eXpiation, reparation or complied with
whatever requirements the law of the
Church imposes to- render licit the
continuance of conjugal relations.
Impediments to marriage may also
be considered according to their
origin, and fall into a three-fold di-
vision. Some arise from the natural
law. Thus, being a contract, consent
is necessary to valid marriage. Con-
sequently absence of consent, or a de-
fective consent, is an impeachment.
There is presumption of want of con-
sent when either party is under
duress, and the impeachment exists
until such party. becomes a free agent.
The Church desires that all who en-
ter it should do4so freely and with
out constraint Of will Thus, for ex.
ample, the church, has declared alb
duction diriment impeachment, and
4 any attempt to marry the person alb
Quoted is Illegal until such person is
free. Any constraint imposed by I'M
just fears, which causes the consent
not to be free, is an impeachment to
marriage. Again, since marriage is
primarily for the propagation of the
human race, impotency or steriffty is
natural impeachment
| Another class of impediments arises
from the Divine Law forbidding 10.
iygamy or divorce, which are contrary
to the unity and perpetuity of the
married state.
Finally, the Church has created i'm
pediments suggested by the natural
and Divine Law. There are absolute
im1edimentS, which forbid any mar,
rage at all, thus, for example, one in
Holy Orders is under an absolute i'm.
pediment; and relative. impediments,
which forbid marriage with certain
persons; for example, blood relation
ship is relative impediment.
Too great insistence can not be laid
on the fact that marriage is not only
contract, but also a Sacrament, and,
consequently, subject to the authority
of the Church. The Church can,
therefore, establish impediments. She
can also abrogate such impediments,
modify them or dispense with them
in particular cases. The impediments
established by the Church are per
sonal and formal CIandestinity is
an example of a formal impeachment
created by the law of the Church
which renders a marriage null and
void. Collateral kinship is a personal
impeachment created by ecclesiastical
law. The laws of .clandestinity have
been modified from time to time, and
for grave causes ,dispensations have
been granted for marriages of per-
sons within prohibited degrees of kin
ship.
The Church has jurisdiction over
the impediments created by the natur-
al and Divine law III q. judicial capac-
ity. The Church was instituted by
Christ as visible society having q
visible authority directed by. the Holy
Ghost. The authority of the Church
is complete and exclusive over all
things which appertain to the end for
which the Church was instituted, the
glory of God and the salvation of man
kind. Her authority can not be limit
ed since Christ gave all power to His
Apostles and their successors.
God is the author of the natural
law, having created our nature sub
ject to such law, The natural impedi-
mentS of marriage are, therefore. di-