Section — Bucceroni, Institutions of Moral Theology
Concerning Betrothals and Marriage
"Lest clandestine unions be entered rashly, which the Church of God has always detested and prohibited for very just reasons, the Council of Trent prudently took care, chapter 1, sess. XXIV, de reform. matrim., declaring: 'Those who shall attempt to contract marriage otherwise than in the presence of the pastor, or of another priest with the permission of the pastor himself or of the Ordinary, and of two or three witnesses, the Holy Synod renders altogether incapable of contracting thus, and decrees contracts of this kind to be invalid and null.'
"But since the same Sacred Council had commanded that such a decree be published in individual parishes, and that it have force only in those places where it had been promulgated, it happened that several places in which that publication was not made lacked, and even today lack, the benefit of the Tridentine law, and remain still subject to the hesitations and inconveniences of the old discipline.
"But not even where the new law was in force was every difficulty removed. For often grave doubt exists in deciding the person of the pastor in whose presence marriage is to be contracted. Canonical discipline indeed established that the proper pastor must be understood as the one in whose parish the domicile or quasi-domicile of either contracting party is. But because sometimes it is difficult to judge whether there is certainty concerning quasi-domicile, not a few marriages were exposed to the danger that they were null; and many also, whether by ignorance of men or by fraud, were discovered to be altogether illegitimate and invalid.
"These things, long deplored, we see happening more frequently in our age, the more easily and swiftly intercourse is completed with peoples, even those very far separated. Wherefore it has seemed expedient to wise and very learned men that some change be introduced into the law concerning the form of celebrating marriage. Many sacred Prelates also from every part of the world, especially from the more celebrated cities where the necessity appeared graver, offered suppliant prayers to the Apostolic See for this.
"At the same time it was requested by Bishops, both most of Europe and of other regions, that there be provision against the inconveniences which are derived from betrothals, that is, mutual promises of future marriage privately entered. For experience has sufficiently taught what dangers betrothals of this kind bring with themselves: first, inducements to sin and cause by which inexperienced girls are deceived; afterwards disagreements and inextricable lawsuits.
"Moved by these circumstances, His Holiness Our Lord Pope Pius X, for that solicitude which he bears for all the Churches, desiring to use some moderation to remove the mentioned harms and dangers, committed to the Sacred Congregation of the Council that it should consider this matter and propose to Him what it judged opportune.
"He wished also to hear the vote of the Council established for reducing canon law into one, and also of the Eminent Cardinals who were chosen by a special commission for preparing the same code; by whom, as also by the Sacred Congregation of the Council, meetings for that end were held several times. But after the opinions of all had been obtained, His Holiness commanded the Sacred Congregation of the Council to issue a decree in which would be contained the laws approved by Him from certain knowledge and mature deliberation, by which the discipline of betrothals and marriage would be ruled in the future, and their celebration would be made expeditious, certain, and ordered.
"Therefore, in execution of the Apostolic mandate, the Sacred Congregation of the Council by the present letters establishes and decrees those things which follow.