Chapter — Bucceroni, Cases of Conscience

168. A Subdeacon Contracting Marriage

1.

Seius, a subdeacon, gave a mandate to Salustius, likewise a subdeacon, that he contract marriage in his name. Which of them incurs excommunication?

1.

R. According to C. 72, de Reg. Iur., "He who does something through another is seen to do it through himself." Therefore there can be no doubt that Seius the subdeacon, truly presuming to contract marriage, incurs excommunication; but by no means Salustius, who in no way attempts marriage. - I. M. 1203.