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Objection 1: It would seem that deficient age is not an impediment
to marriage. For according to the laws children are under the care of
a guardian until their twenty-fifth year. Therefore it would seem
that before that age their reason is not sufficiently mature to give
consent, and consequently that ought seemingly to be the age fixed for
marrying. Yet marriage can be contracted before that age. Therefore
lack of the appointed age is not an impediment to marriage.
Objection 2: Further, just as the tie of religion is perpetual so
is the marriage tie. Now according to the new legislation (cap. Non
Solum, De regular. et transeunt.) no one can be professed before
the fourteenth year of age. Therefore neither could a person marry if
defective age were an impediment.
Objection 3: Further, just as consent is necessary for marriage on
the part of the man, so is it on the part of the woman. Now a woman
can marry before the age of fourteen. Therefore a man can also.
Objection 4: Further, inability to copulate, unless it be
perpetual and not known, is not an impediment to marriage. But lack
of age is neither perpetual nor unknown. Therefore it is not an
impediment to marriage.
Objection 5: Further, it is not included under any of the aforesaid
impediments (Question 50), and consequently would seem not to be
an impediment to marriage.
On the contrary, A Decretal (cap. Quod Sedem, De frigid et
malefic.) says that "a boy who is incapable of marriage intercourse
is unfit to marry." But in the majority of cases he cannot pay the
marriage debt before the age of fourteen (De Animal. vii).
Therefore, etc.
Further, "There is a fixed limit of size and growth for all things
in nature" according to the Philosopher (De Anima ii, 4): and
consequently it would seem that, since marriage is natural, it must
have a fixed age by defect of which it is impeded.
I answer that, Since marriage is effected by way of a contract, it
comes under the ordinance of positive law like other contracts.
Consequently according to law (cap. Tua, De sponsal. impub.) it
is determined that marriage may not be contracted before the age of
discretion when each party is capable of sufficient deliberation about
marriage, and of mutual fulfilment of the marriage debt, and that
marriages otherwise contracted are void. Now for the most part this
age is the fourteenth year in males and the twelfth year in women: but
since the ordinances of positive law are consequent upon what happens in
the majority of cases, if anyone reach the required perfection before
the aforesaid age, so that nature and reason are sufficiently developed
to supply the lack of age, the marriage is not annulled. Wherefore if
the parties who marry before the age of puberty have marital intercourse
before the aforesaid age, their marriage is none the less perpetually
indissoluble.
Reply to Objection 1: In matters to which nature inclines there is
not required such a development of reason in order to deliberate, as in
other matters: and therefore it is possible after deliberation to
consent to marriage before one is able to manage one's own affairs in
other matters without a guardian.
Reply to Objection 2: The same answer applies, since the religious
vow is about matters outside the inclination of nature, and which offer
greater difficulty than marriage.
Reply to Objection 3: It is said that woman comes to the age of
puberty sooner than man does (De Animal. ix); hence there is no
parallel between the two.
Reply to Objection 4: In this case there is an impediment not only
as to inability to copulate, but also on account of the defect of the
reason, which is not yet qualified to give rightly that consent which
is to endure in perpetuity.
Reply to Objection 5: The impediment arising from defective age,
like that which arises from madness, is reducible to the impediment of
error; because a man has not yet the full use of his free-will.
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