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Summa Theologiae · Suppl., q. 45

Question 45. Of the Marriage Consent Considered in Itself

Thomas Aquinas, Summa Theologiae, Supplement. 5 articles.

Read in the reading room → This question at New Advent

From the Supplement, compiled after Aquinas’s death from his Commentary on the Sentences and transcribed here from the 1917 to 1922 printings. About the Supplement.

Text: Summa Theologiae, Supplement to the Third Part (Supplementum Tertiae Partis), transcribed from Internet Archive scans, translated by the Fathers of the English Dominican Province. The Supplement, compiled after Aquinas’s death from his earlier Commentary on the Sentences, in the same English Dominican translation as the Gutenberg Parts. Transcribed by Bibliotheca Catholica from the OCR of four Internet Archive scans of the pre-1931 printings (Questions 1 to 33 from the 1917 Washbourne and Benziger volume, 34 to 68 from the 1922 volume, 69 to 86 from the 1921 volume, and 87 to 99 from the 1922 Benziger volume), with OCR errors corrected and doubtful passages marked, not rewritten. 99 questions and 446 articles. The two appendices printed after Question 99 are not included. Sources, SHA-256 of each OCR file, and the method are in the source record. Rights: Public domain (US)

The Supplement is not a Project Gutenberg text. It is Bibliotheca Catholica’s transcription of public-domain scans at the Internet Archive; obvious OCR errors were corrected, and passages marked “OCR uncertain” could not be confidently corrected, so check them against the linked scan page.

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: (i) Whethei the consei-t is the efficient cause of matrimony? (2) Whether the consent needs to be expressed in words? (3) Whether consent given in words expressive of the future makes a marriage? (4) Whether consent given in words expressive of the present, without inward consent, makes a true marriage outwardly? (5) Whether consent given secretly in words expressive of the present makes a marriage? [OCR uncertain: consei-t. Check the scan, image 124.]

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Articles

  1. Whether consent is the efficient cause of Matrimony?
  2. Whether the consent needs to be expressed in words?
  3. Whether consent given in words expressive of the future makes a marriage?
  4. Whether, in the absence of inward consent, a marriage is made by consent given in words of the present?
  5. Whether consent given secretly in words of the present makes a marriage?

Also online, linked only: the same translation at New Advent and the Latin text at Corpus Thomisticum. Neither is copied here.

Source: Thomas Aquinas. Summa Theologica, Supplement to the Third Part. Internet Archive scans: Third Part, Fourth Number (QQ. LXXXIV to Suppl. XXXIII), 1917, Third Part (Supplement), QQ. XXXIV to LXVIII, 1922, Third Part (Supplement), QQ. LXIX to LXXXVI, 1921, and Third Part (Supplement), QQ. LXXXVII to XCIX and Appendices, 1922; two curled pages of the 1921 volume are read from another scan of the same printing. Public domain in the USA. Printed in 1917, 1921, and 1922, before 1931. Outside the U.S., check local copyright rules. Transcription, OCR file checksums, and method: source record.