B. About Such Impediments by Statute of the Church

25. By statute of the Church there are impediments only on the part of the persons, because the Church has determined nothing about the form and matter of this contract, but has only delegitimized certain persons, making them not capable of this contract: either then because of their closeness, or because of their special association with the divine cult, or because of the enormity of some crime one should be horrified at.

26. In the first way has the Church delegitimized those of the same blood in the fourth degree and under; and those affinal in the same degree, and this either properly speaking, namely whose affinity is contracted by carnal union of someone consanguineous with the woman, or those, in an extended sense, whose bond was contracted not by carnal union but only through matrimony or betrothals, which is called the justice of public honorableness. And these impediments were spoken of: in d.40 [nn.9-21] about the first distinction, in d.41 [n.15] about the second and third distinctions. About this last impediment there is Boniface VIII Decretals Book Six IV tit.1 ch.1, “From betrothals pure and certain, provided they are not null by defect of consent, arises an effective impediment for impeding and destroying consequent betrothals or matrimonies, but not for dissolving preceding ones, namely the impediment of the justice of public honorableness.”

27. Along with this too is a certain closeness that is as it were a mixed carnal and spiritual one, of which sort is spiritual kinship and legal kinship, and these were spoken of in d.42 [nn.5-7]. And about this is Boniface VIII ibid. tit.3 ch.1, “Much more between a baptized woman and he who received her from baptism [=the sponsor], or between the same baptized woman and the sons of the one who received her and the wife known carnally before reception by the same man, indeed also between the receiver and father of the baptized woman and the mother, is it clear that a spiritual kinship is by law contracted in baptism; and this kinship impedes the contracting of matrimony, and destroys a matrimony already contracted. And the same things that are said about the receiver are also to be reckoned about the baptizer. By confirmation too, or anointing on the forehead, is a spiritual kinship contracted in the same ways, which kinship simply impedes contracting of matrimony and destroys one contracted afterwards.” “But persons other than those aforesaid from baptism or confirmation are, we have decreed, not impeded from contracting matrimony, nor is a matrimony they have contracted afterwards destroyed.

28. Ibid. ch.2: “Spiritual kinship is contracted through the catechizing that precedes baptism, by which kinship the contracting of matrimony is impeded; however, by that kinship is not at all severed a matrimony contracted afterwards.”

29. And ibid. ch.3, “If several have come to the receiving of an infant from baptism, a spiritual kinship is contracted that afterwards impedes contracting matrimonies and dissolves those contracted. As to confirmation additionally is, in this respect, the same judgment to be held. But from the giving of the other sacraments a spiritual kinship in no way arises that would impede or dissolve a matrimony.

30. And there is an order to these closenesses: for consanguinity is a purely carnal closeness; affinity arises from purely carnal closeness and from carnal union; and the justice of public honorableness arises from carnal closeness and matrimonial and betrothal contract; spiritual kinship arises from carnal closeness and reception or giving of the sacrament of baptism or confirmation; legal closeness from carnal closeness and from another bond according to law, by adoption of course.

31. Because of special association with the divine cult has the Church delegitimized him who has solemnly vowed continence, and him who has received Sacred Orders. The first was talked of in d.38 [nn.7-26] and the second in d.37 [nn.19-22].

32. Now this impediment from solemn vow (if however a handing over of the power of body for keeping chastity be done there to the Church herself or to a prelate, in whose hand the vow is made, and thereby can he not give that power over his body for the conjugal act, because he does not have it) - this impediment can be reduced to the nature of a contract, as is also that about someone tied to matrimony.

33. But if such vow not so deprive him that he not have power over his own body, then by statute of the Church delegitimization and invalidation is not only because one has handed oneself over to the Church for such act, but because Christ, by calling away John from nuptials [d.31 n.30], has preferred the vow of continence to the conjugal bond; and therefore justly has the Church delegitimized him who is in a higher degree from accepting a lower degree, or from apostatizing.

34. Finally has the Church delegitimized persons justly because of the enormity of a twofold crime only:

Because of the enormity of infidelity the Church has delegitimized a believer for contracting matrimony, not simply, but in respect of an unbeliever; and this was spoken of in d.39 [nn.31-32].

35. The other enormous crime is adultery along with contrivance in the death of the legitimate spouse, or with pledging faith about contracting matrimony after the death of the legitimate husband, and this impediment was spoken of in d.35 [n.6].

36. Thus in general, therefore, are persons by statute of the Church delegitimized by a twofold crime and a twofold attachment to the divine cult, and by a closeness of consanguinity, by a bond of affinity and by the justice of public honorableness, by kinship too, spiritual and legal.

37. And these impediments are touched on in these verses [cf. d.36 n.9]:

Error, condition, vow, kinship, and crime
Other in cult, force, Orders, tie, honor
If affinal, if perhaps impotent,
These forbid marriage make; made do they stop.

38. But in these verses all the impediments are contained without any rational order. Therefore they can be explicated in due order and more in particular in these verses:

Force; person, slave, giving mistook; mad too;
Added condition robs marriage goods three;
Frigid, constricted, child, defect, bewitched,
Spouse of another - joint gift all prevent.
Vow, Orders, twin cults, adulterous spouse,
Kinship religious, legal, and carnal,
Affinal, honor - does precept forbid.

39. These first four verses contain the impediments that are repugnant to the nature of the matrimonial contract. The first line contains five in particular, the second three, the third five, the fourth one. And so there are fourteen impediments. After these is added at the end of the fourth line “joint gift all prevent” - understand that in a contract of matrimony the aforesaid are all the obstacles.

40. The three other verses contain the impediments by statute of the Church: the first contains four, the second three, the third two, and so there are nine. And this is what is said at the beginning of the third line [end of the line in the translation] “does precept forbid,” namely by precept of the Church do they impede matrimony.

41. And so there are in particular twenty-three impediments simply.

42. Now the other common verses [n.37] only contain twelve, but under ‘error’ must be understood a fourfold impediment in particular; under ‘condition’ a triple impediment about the conditions added against the three goods of matrimony. Hence, he who refers ‘error’ to error of person, and ‘condition’ to error of condition, shows himself ignorant enough in canon law. ‘Vow’ is as it stands; ‘kinship’ is understood for carnal and spiritual and legal kinship; ‘crime’ for adultery with giving of faith or contrivance in the death of a legitimate spouse. And it could sometimes be distinguished, according to what was said in d.35 [nn.6-12], because sometimes the former two of the three and sometimes the latter two are combined [sc. in impeding], and sometimes one of them impedes; but this impediment is not distinct in these verses by a more distinct expression.

43. The other impediments are not distinguished save the last, which contains five specific impediments according to the other verses [first line thereof].

44. Nor is it a wonder that the Church has applied so much care in ordering matrimony, because the community of Christians uses matrimony, through whose use too the Christian people is multiplied. And therefore should it thus be ordered, because in its contract and use may be avoided the things that get in the way of charity either toward God or toward one’s neighbor. And the things that are fitting to honorableness should be kept, so that thus may honorable Christian matrimony fittingly signify the blessed union of Christ and the Church, of which the Apostle says [Ephesians 5.32], “This is a great sacrament; and I mean in Christ and the Church.”

45. This union now is by faith and some sort of love, but in the fatherland it will be by vision and perfect enjoyment of the Spouse, who has “neither spot nor wrinkle,” with the Spouse “fair before the sons of men,” [Ephesians 5.27, Psalm 44/45.3], to whom be honor and glory for ever and ever. Amen.