Dist. 28, Art. 1, Q. 5
by St. Bonaventure
Source text: Public Domain Mark 1.0. English translation/apparatus/encoding: CC BY-NC 4.0, Wroot Press.
https://bonaventure.wrootpress.com/browse/4/d/28/q/bon-sent-IV-d28-a1-q5
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### Question V. *Whether consent for the present expressed in secret makes a marriage.*

Fifthly it is asked, whether consent for the present, expressed in secret, makes a true marriage. And that it does not, it seems:

1. Because Pope Evaristus says, as is found in the text, speaking of secret and clandestine unions: "They are not marriages, but adulteries or fornications."

2. Likewise, this same thing seems so by reason: because persons who, according to the institution of the Church, are not legitimate for contracting marriage — as a brother and sister in the second degree — if they contract marriage in fact, accomplish nothing, but rather are separated: since, then, clandestine unions of this kind are against the Church's prohibition: therefore nothing comes about in them.

3. Likewise, if someone should contract marriage with one woman in secret and with another openly, and the matter comes before the judgment of the Church, the Church declares her to be his wife whom he took openly: therefore, if it judges rightly, that one is his wife, therefore the other was not his wife.

4. Likewise, marriage is a Sacrament of the Church, therefore it ought to be received in the face of the Church: therefore if it is received in secret, it is not a Sacrament of the Church: therefore neither a true Sacrament, therefore neither a marriage.

**On the contrary:**
1. The Sacrament of marriage has, for its matter, legitimate persons, and for its form, consent; but these two can be present whole and entire in secret: therefore, etc.

2. Likewise, someone is baptized in secret just as [validly] as openly: therefore marriage exists in secret just as [it does] openly, by a like case.

3. Likewise, the contracting of marriage is through the words of the man and the woman, with others doing and saying nothing: therefore it is just as complete if it takes place with those others absent as with them present.

In connection with this it is asked: why did the Church prohibit marriage from being contracted in secret, when otherwise it would be licit; and yet did not prohibit anyone from baptizing in secret, or even from consecrating [in secret]?

> **Conclusion.** Clandestine marriages, according to the ancient law, are true marriages, but forbidden.

**I respond:** It must be said that these two things suffice for the being of marriage, namely, legitimacy in the persons and unity in the consent. But for solemnity, and for decorum or honorableness, there is required both the handing-over by the parents and the priests' blessing; these, however, pertain to the adornment of the Sacrament in such a way that they are nevertheless of the necessity of a precept. — And the reason for this is the avoidance of danger: because frequently those who contract marriage in secret afterward repent and contract marriage in fact with others; and since the first contract cannot be proven, the Church is necessarily deceived and must give a judgment contrary to the truth: and therefore it was fitting that such things be forbidden. Hence it is that if someone contracts marriage with a woman in secret, although it is a marriage, nevertheless that union is not without sin, just as neither is the union of a fornicator — though not to the same degree.

**To the arguments:**

*To 1.* And hence it is that Evaristus says that "they are not marriages, but adulteries," on account of the fault [involved].

*To 2.* To that which is objected, that a marriage which comes about against the institution of the Church is annulled; it must be said that the Church has instituted certain things as necessary — as, for instance, that the persons be legitimate — and certain things as merely expedient — as, for instance, that the contracting take place openly; and a marriage which comes about against the institution of the Church in the first way, the Church annuls; one which does so in the second way, not at all.

*To 3.* To the other it must be answered that the Church, in that case, is necessarily deceived; yet it is not deceived in such a way that it judges unjustly, because to judge justly is to judge according to what has been alleged; it is deceived, however, with respect to the hidden truth.

*To 4.* To that which is objected, that it is a Sacrament of the Church; it must be said that this is true; nevertheless it is received also by those who are outside the Church, as is baptism, though not unto salvation except by those who are within the Church itself; and baptism is received in secret, because it is a Sacrament of necessity, and there is no danger in it — rather, danger is avoided; but that [Sacrament of marriage], received in the face of the Church, is received more salutarily, whereas in secret it is indeed truly received, but not salutarily, because [it is done] against ecclesiastical sanction.

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