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The Syllabus of Pius IX.
47

contracts of the Church of Christ. She saw in the union of primeval man with the woman formed from his rib, as the Apostle tells us, an image of Herself, issuing from the pierced side of Christ and celebrating Her nuptials with Him on the Cross of our Redemption. And even as the State claims the right of in validating civil contracts, when it deems it right for the welfare of its members, so the Church claims the right of imposing conditions without whose fulfilment the marriage contract shall be invalid. Wisely has she used her power, without creating confusion among those who do not recognize her authority. Among these conditions, one, which binds in most countries of Europe, is that marriages among Catholics are invalid unless made in presence of the parish priest and two witnesses. The wisdom of the condition is obvious, and the English legislature aims at part of the Church's object, namely the avoiding of secrecy, when it makes the attendance of the registrar compulsory. The absence of the persons required by the laws of the Church constitutes an impediment, called a diriment or nullifying impediment, to the validity of the marriage contract, in the countries aforesaid. And, as the Church does not recognize the civil magistrate as authorized to supply the place of the pastor, it follows, that what are called civil marriages, celebrated by Catholics without the assistance of a person authorized by the Church, are held as invalid till they have been subsequently ratified before the priest.

But here it must be carefully borne in mind, firstly, that the Church fully recognizes the binding force of the marriage tie between such as, because unbaptized,