Section — Bucceroni, Institutions of Moral Theology
Concerning Marriage
"III. Only those marriages are valid which are contracted before the pastor or Ordinary of the place, or a priest delegated by either, and at least two witnesses, nevertheless according to the rules expressed in the following articles; and preserving the exceptions which are placed below in nn. VII and VIII.
"IV. The pastor and the Ordinary of the place validly assist at marriage:
"§ 1. only from the day of acquired possession of the benefice or of office begun, unless by public decree they have been excommunicated by name or suspended from office;
"§ 2. only within the limits of their territory, in which they validly assist at the marriages not only of their subjects, but also of non-subjects;
"§ 3. provided that, invited and asked, and constrained neither by force nor by grave fear, they request and receive the consent of the contracting parties. "V. But they assist licitly:
"§ 1. after it has been legitimately established for them concerning the free state of the contracting parties, the things to be observed by law having been observed;
"§ 2. after it has further been established concerning the domicile, or at least the monthly stay, of either contracting party in the place of marriage;
"§ 3. but if this is lacking, in order that the pastor and Ordinary of the place may licitly be present at marriage, they need the permission of the pastor or Ordinary of either contracting party, unless grave necessity intervenes which excuses from it;
"§ 4. as regards wanderers, outside the case of necessity, let it not be lawful for the pastor to assist at their marriages unless, the matter having been brought to the Ordinary or to the priest delegated by him, he has obtained permission to assist;
"§ 5. but in any case let it be held as a rule that marriage be celebrated before the pastor of the bride, unless some just cause excuses.
"VI. The pastor and the Ordinary of the place can grant permission to another priest, determinate and certain, that he assist at marriages within the limits of their territory.
"But the delegate, in order that he assist validly and licitly, is bound to observe the limits of the mandate and the rules established above for the pastor and the Ordinary of the place in nn. IV and V.
"VII. When danger of death is imminent, where the pastor, or Ordinary of the place, or priest delegated by either cannot be had, to provide for conscience and, if the case requires, for the legitimation of offspring, marriage can be contracted validly and licitly before any priest and two witnesses.
"VIII. If it happens that in some region the pastor or Ordinary of the place, or a priest delegated by them, before whom marriage can be celebrated, cannot be had, and that condition of things has already persevered for a month, marriage can be validly and licitly entered by the formal consent emitted by the spouses before two witnesses.
"IX. § 1. Once the marriage has been celebrated, the pastor, or the one who holds his place, is immediately to write in the book of marriages the names of the spouses and witnesses, the place and day of the celebrated marriage, and other things according to the manner prescribed in the ritual books or by his own Ordinary; and this although another priest, delegated either by him or by the Ordinary, assisted at the marriage.
"§ 2. Moreover the pastor is also to note in the book of the baptized that the spouse on such a day contracted marriage in his parish. But if the spouse was baptized elsewhere, the pastor of the marriage is to transmit notice of the contract entered to the pastor of baptism, either by himself or through the episcopal curia, so that the marriage may be entered in the baptismal book.
"§ 3. Whenever marriage is contracted according to the norm of n. VII or VIII, the priest in the former case, and the witnesses in the latter, are bound in solidum with the contracting parties to take care that the union entered be noted in the prescribed books as soon as possible.
"X. Pastors who have violated the things prescribed here up to now are to be punished by the Ordinaries according to the manner and gravity of the fault. And moreover, if they have assisted at someone's marriage against the prescription of § 2 and 3 of n. V, let them not make the stole fees their own, but let them remit them to the proper pastor of the contracting parties.
"XI. § 1. All baptized in the Catholic Church and those converted to it from heresy or schism, even if either the former or the latter afterwards defected from the same, are bound by the laws established above whenever they enter betrothals or marriage among themselves.
"§ 2. They are also in force for the same Catholics mentioned above if they contract betrothals or marriage with non-Catholics, whether baptized or not baptized, even after a dispensation has been obtained from the impediment of mixed religion or disparity of cult, unless it has been established otherwise by the Holy See for some particular place or region.
"§ 3. Non-Catholics, whether baptized or not baptized, if they contract among themselves, are nowhere bound to observe the Catholic form of betrothals or marriage.
"Let the present decree be held as legitimately published and promulgated through its transmission to the Ordinaries of places; and let those things disposed in it begin everywhere to have the force of law from the solemn day of Easter of the Resurrection of Our Lord Jesus Christ of the coming year 1908.
"Meanwhile let all Ordinaries of places take care that this decree be published among the people as soon as possible, and explained in the individual parish churches of their dioceses, so that it may be duly known by all.
"These presents to be valid by special mandate of His Holiness Our Lord Pope Pius X, anything whatsoever to the contrary, even worthy of particular mention, by no means standing in the way.
"Given at Rome on the second day of the month of August in the year 1907."
- "I. Only those betrothals are held valid and obtain canonical effects which have been contracted by a writing signed by the parties and either by the pastor or by the Ordinary of the place, or at least by two witnesses.
"But if both parties or either party does not know how to write, this is to be noted in the writing itself; and another witness is to be added, who, together with the pastor or Ordinary of the place, or at least two witnesses mentioned above, signs the writing."
- Only those betrothals, namely of Catholics among themselves or also of Catholics with non-Catholics. "By the pastor," namely the same one who below in the Decree is assigned for marriage. "By the Ordinary of the place," namely by the Bishop, or by his Vicar General, or by the Apostolic Administrator, or by an Abbot Nullius, or by a Vicar Capitular.
"By a writing signed": therefore without a writing, or without the signature of all, although the signature of only one party or witness is lacking, the betrothals are null. "Are held valid": wherefore those entered otherwise are invalid, both in the external forum and in the internal forum. "And obtain canonical effects": wherefore again, those entered otherwise produce no impediment of marriage.
But it is a question, as is evident, of betrothals, not of a simple promise of marriage made by one and accepted by the other, which consequently remains valid and obliging, as before the Decree, in the forum of conscience. A fortiori the obligation remains valid in the forum of conscience from the promise of the seducer who deflowered a girl under the offered execution of marriage.
Moreover, it is a question only of the form of betrothals; wherefore as regards all other things, those things have force which had force before the Decree, and thus betrothals entered, for example, after other betrothals are null, as intrinsically illicit.
- "By the pastor, or by the Ordinary." Betrothals cannot be celebrated, besides before the Ordinary or Pastor, before one delegated by either. Sacred Congregation of the Council, March 28, 1908. An oeconomus, although delegated by the pastor or by the Bishop to the universality of causes, can neither licitly nor validly assist at betrothals. They do not necessarily have to be celebrated before the Ordinary or Pastor of domicile or of monthly stay; but they can be celebrated before any Ordinary or Pastor, provided it is within the limits of the territory of the same Ordinary or Pastor. Sacred Congregation of the Council, March 28, 1908.
"By a writing signed by the parties, and either by the Pastor or by the Ordinary of the place, or at least by two witnesses." Since betrothals contain a mutual promise, mutual acceptance of it is also required. Therefore, in order to enter valid betrothals, the parties are bound to sign together the writing, in one context, with the Pastor or Ordinary, or with two witnesses; and it does not suffice that the writing signed by one party with the Pastor or Ordinary, or with two witnesses, be remitted to the other absent party, who in turn signs with the Pastor or Ordinary, or with two witnesses. Sacred Congregation of the Council, July 27, 1908. If the bridegroom or bride lives in another place, this difficulty can then be met by constituting a procurator. For as marriage can be contracted validly and licitly through a procurator, because it is a contract, so also for the same reason betrothals can be contracted through a procurator.
Although in the Decree no mention is made of the date, nevertheless from the very nature of the matter it appears that for the validity of betrothals the date, or inscription of the day, month, and year, is to be placed in the writing. Sacred Congregation of the Council, July 27, 1908, ad 2. The reason is that otherwise the aforesaid writing remains altogether uncertain for making proof.
"II. Under the name of pastor here and in the following articles comes not only one who legitimately presides over a canonically erected parish; but in regions where parishes are not canonically erected, also the Priest to whom the care of souls has been legitimately committed in some defined territory and who is equated to a pastor; and in missions where territories are not yet perfectly divided, every Priest universally deputed by the Moderator of the mission to the care of souls in some station."
"Under the name of Pastor..." The Pastor in question is the Pastor for betrothals and for marriage. It does not say "under the name of the proper Pastor"; wherefore any pastor, nevertheless in his own territory, is the legitimate Pastor for betrothals and for marriage, every question of domicile or quasi-domicile of the spouses or those about to marry being removed. "A Pastor who legitimately presides over a parish; a Priest to whom the care of souls has been legitimately committed." Therefore a pastor, a Catholic priest; not a heretic, not a schismatic.
Whether bad Christians, heretics, pagans can be used as witnesses, in order to observe the prescriptions of articles II, III, VII, VIII: as regards the quality of witnesses, nothing has been changed by the Decree Ne temere. Sacred Congregation of the Sacraments, March 12, 1910.
By article 1 of the Decree there remains abrogated the special law which before the same Decree was in force in Spain, by force of which for the validity of betrothals a public writing signed by a notary was required. Sacred Congregation of the Sacraments, March 12, 1910.
"III. Only those marriages are valid which are contracted before the Pastor or Ordinary of the place, or a Priest delegated by either, and at least two witnesses, nevertheless according to the rules expressed in the following articles, and preserving the exceptions which are placed below in n. VII and VIII.
"IV. The Pastor and Ordinary of the place validly assist at marriage:
"§ 1. only from the day of acquired possession of the benefice or of office begun, unless by public decree they have been excommunicated by name or suspended from office;
"§ 2. only within the limits of their territory, in which they validly assist at the marriages not only of their subjects, but also of non-subjects;
"§ 3. provided that, invited and asked, and constrained neither by force nor by grave fear, they request and receive the consent of the contracting parties."
- Therefore for the validity of marriage it is required that it be contracted: 1. before the Pastor or Ordinary, or a Priest, not a deacon, delegated by the Ordinary or by the Pastor; 2. before at least two witnesses; wherefore if there is one witness, the marriage will be invalid.
"Delegated." As regards delegation, whether special delegation is always required, or whether general delegation suffices, nothing has been changed, except the necessity of making it to a determinate and certain priest and restricted to the territory of the one delegating. Sacred Congregation of the Council, July 27, 1908. "Pastor": not the assistant of the Pastor. Pastor either by institution or by commission. Ordinary: Bishop, Vicar General, Chapter when the see is vacant, Vicar Capitular. Witnesses: any whatsoever who are capable of testifying, and therefore they must be present physically and morally and understand the consent of the contracting parties. Delegation can be made general, whether to one or to several, nevertheless certain and determinate, whether for one or for several marriages. A faculty of subdelegating can also be given to the delegate.
- "The Pastor and Ordinary of the place," etc. Here are enumerated the conditions necessary so that the Pastor or Ordinary validly assist at marriage. The chief one is that they assist at marriage only within the limits of their own parish or diocese, their territory, although it is a question of those not their own subjects. And outside those limits they assist invalidly, although it is a question of their own subjects.
- As regards pastors and military chaplains having absolutely no territory, not even cumulatively with another pastor, but exercising jurisdiction directly over persons or families, for example reigning persons, so that they follow these persons wherever they go, nothing has been changed; wherefore they will be able validly to assist at the marriages of their subjects, as they were able before. Sacred Congregation of the Council, February 1, 1908.
But pastors who do not have exclusively their own territory, but retain a territory cumulatively with another or other pastors, can assist at marriages in the territory held cumulatively. Sacred Congregation of the Council, February 1, 1908.
A pastor who in territory assigned to other pastors has some persons or families subject to himself can assist at marriages, as regards his own subjects only, everywhere in the said territory. Sacred Congregation of the Council, February 1, 1908.
Chaplains or rectors of pious places of any kind, for example of a hospital, exempt from parochial jurisdiction, can assist at marriages without delegation of the pastor or Ordinary as regards persons entrusted to them, nevertheless in the place where they exercise jurisdiction, and provided it is established that full parochial power was committed to them. Sacred Congregation of the Council, February 1, 1908.
Those living in places of the Indies in which a double jurisdiction is in force, with attention to the peculiar circumstances occurring in the case, in order that they enter marriage validly and licitly, are bound to present themselves only before the personal pastor, and cannot also before the pastor of the territory. Sacred Congregation of the Sacraments, May 27, 1910.
"Only within the limits of their territory." Exempt regular churches, according to the tenor of the Decree, can and do have force to be considered as the territory of the Pastor or Ordinary in whose territorial district they are, for the effect of assistance at marriage. Sacred Congregation of the Sacraments, March 12, 1910.
"Only within the limits of his territory." In an audience of May 1, 1910, the Most Holy Father deigned graciously to grant to the Most Reverend Abbot Nullius of Saint Paul, by way of delegation, a permission by which, either personally or through a delegate, in the Churches of Saint Paul outside the Walls and of Saint Callistus beyond the Tiber, he may validly and licitly assist, the things to be observed being observed, at the marriages of his subjects only. That is, outside the limits of his territory.
Moreover, for the validity of marriage the Pastor and the local Ordinary must be not only elected, but also placed in possession of his office, either possession of the benefice having been taken by the usual formalities, or equivalently by the very beginning of the exercise of his proper office; nor, by a public decree, may he be suspended from office, or, by a public decree, by name excommunicated. Therefore mere nomination to the office or benefice is not sufficient; possession of it is required. Likewise, for validity it is required that the Pastor and the local Ordinary be invited and asked, all force and grave fear being removed; and that they themselves question the contracting parties and receive their consent. Invited and asked, not only explicitly but also implicitly, they validly assist at marriages. Sacred Congregation of the Council, March 28, 1908.
Since, however, by the present Decree, in order to contract marriage validly it is generally required that the Pastor ask for and receive the consent of the contracting parties, it follows that also for mixed marriages to be contracted validly the consent of the contracting parties must be sought and received by the Ordinary or by the Pastor, while, as to liceity in other respects, the prescriptions and instructions of the Holy See are to be observed. Sacred Congregation of the Council, July 27, 1908. By these prescriptions and instructions, however, it is provided that the Pastor not assist at the marriage in a sacred place, but outside the church; that he not recite any ecclesiastical prayers over the contracting parties; that he in no way bless them, unless, however, according to the prudent judgment of the Ordinaries, in order to avoid greater evils, something of these can be tolerated, while the celebration of Mass is always excluded.
By a Decree of the Holy Office, June 21, 1912, however, it was declared that the prescription concerning the Pastor's asking for and receiving consent for the validity of marriage, "in mixed marriages in which the parties obstinately refuse to furnish the due cautions, shall hereafter have no place, but one must stand exactly by the preceding concessions and instructions of the Holy See on the matter, especially those of Gregory XVI in the Letter of April 30, 1841, to the Bishops of Hungary." A.A.S., vol. 4, p. 443.
But, having regard to the special difficulties set forth by the Chinese Ordinaries, the Sacred Congregation granted to the aforesaid Ordinaries the faculty of dispensing from the substantial form of marriage for cases only of true necessity, with power also habitually to subdelegate this faculty to mission rectors, the matter having been spoken of with the Most Holy Father. Sacred Congregation of the Council, July 27, 1908.
V. "They assist licitly, however:
§ 1. when they have lawfully established for themselves the free state of the contracting parties, the things to be observed by law being observed;
§ 2. when, moreover, the domicile, or at least the monthly stay, of one or other contracting party in the place of marriage has been established;
§ 3. if this is lacking, in order that the Pastor and local Ordinary assist licitly at the marriage, they need the permission of the proper Pastor or Ordinary of one or other contracting party, unless grave necessity intervenes which excuses;
§ 4. as regards wanderers, outside the case of necessity, it is not lawful for the Pastor to assist at their marriages unless, the matter having been referred to the Ordinary or to the Priest delegated by him, he has obtained permission to assist;
§ 5. but in any case, let it be held as the rule that the marriage be celebrated before the Pastor of the bride, unless some just cause excuses."
- "When they have lawfully established for themselves the free state of the contracting parties, the things to be observed by law being reserved."
The Sacred Congregation of the Sacraments "judged that the following things should be prescribed:
I. Let pastors be reminded that it is not lawful for them to be present at a marriage unless they have lawfully established for themselves the free state of the contracting parties, the things to be observed by law being observed (cf. Decree Ne temere, n. V, § 1); and let the same especially be warned not to omit requiring from the contracting parties the testimony of baptism, if this was conferred in another parish.
II. But in order that the things prescribed in n. IX, § 2 of the aforesaid Decree may be duly observed, the announcement of a celebrated marriage, to be sent to the pastor of baptism, should carry with it the written names and surnames of the spouses and of their parents, the age of the contracting parties, the place and day of the nuptials, and the names and surnames of the witnesses who were present, and should have the pastor's subscribed name with the parochial seal added. The address, moreover, should accurately indicate the parish, diocese, town or place of the spouses' baptism, and those things which pertain to the safe transmission of writings through the public carriers.
III. If perhaps it should happen that, even with the precautions of which in n. I having been employed, the pastor of baptism, in receiving the announcement of the marriage, discovers that one or other contracting party is already bound by another marriage, he shall as quickly as possible signify the matter to the pastor of the attempted marriage.
IV. Let Ordinaries watch diligently that these prescriptions be religiously observed, and let them take care to recall transgressors, if they find any, to their duty, even by applying canonical penalties where there is need." March 6, 1911.
"When they have established for themselves," etc. Therefore for liceity the Pastor or Ordinary must make an inquiry concerning the free state of the contracting parties, and accordingly he is bound as to the examination of these parties, the examination of witnesses, and the proclamation of the banns. The Pastor himself, therefore, can conduct the summary process concerning the free state.
Nevertheless, the law or custom in force in some dioceses has not been abolished, by force of which acts are to be carried out by the episcopal Curia by which the free state of the contracting parties is established, and then leave is granted to pastors to assist at marriages. Sacred Congregation, February 1, 1908.
If betrothed persons contract marriage in another parish by leave of their own pastor, it is evident that the marriage proclamations cannot on that account be omitted in their own parish.
On feasts recently suppressed, however, as is gathered from the Decision of the Sacred Congregation of the Council, April 7, 1862, in Pinerolien., announcements can be made for marriages and for sacred orders; care must nevertheless be taken that they be made at the time of the divine office, when a more numerous gathering of the faithful is accustomed to be present in church, and with the permission of the Bishop.
"When moreover it has been established," etc. It is further required for liceity that the contracting parties have domicile, or reside for an entire month in the diocese, if the Bishop assists at the marriage; in the parish, if the Pastor assists at it. The contracting parties: both, or at least one of them. "Reside": the fact of residence for an entire month is required, and nothing else is required. Therefore, although they have had neither domicile nor quasi-domicile elsewhere, but have been wanderers, they can now contract marriage before the pastor of the place of monthly residence, the things to be observed by law concerning their free state being observed.
"But if this is lacking," etc. If domicile, or at least monthly residence, in the place is lacking, the permission of the Pastor or Ordinary of the place of domicile, or at least of monthly residence, of one or other contracting party is required, except in a case of grave necessity. Permission is required, not delegation; and accordingly permission reasonably presumed, and even interpretative permission, is valid. But grave necessity ought to be established in writing, so that it can be shown if some difficulty should afterwards arise. Moreover, the Pastor who assists at a marriage by permission of another Pastor makes the stole fees his own.
"As regards wanderers," etc., "or to the priest delegated by him." Permission is to be given either by the Ordinary or by the Priest delegated by the Ordinary. As regards wanderers, even if not both contracting parties, but only one, is a wanderer. Therefore a Priest, or several Priests, are to be delegated by the Bishop in several principal places of the diocese, who shall inquire into the condition of wanderers in order to the contracting of marriage. "Outside the case of necessity": again the case of grave necessity is excluded; when it exists, the Pastor can proceed to the marriage without the aforesaid permission.
Under the name of wanderers, of whom article V, § 4 treats, come all and only those who nowhere have their own Pastor or Ordinary by reason of domicile or monthly residence. Sacred Congregation of the Sacraments, March 12, 1910. For the licit celebration of marriage regard must be had only to monthly residence, and not also to quasi-domicile. Sacred Congregation of the Council, March 28, 1908. Monthly residence: in the Diocese, if the Bishop or local Ordinary assists at the marriage; in the Parish, if the Pastor assists at the marriage.
"In any case." When both contracting parties do not have domicile, or at least have not resided for an entire month in the same place, regularly the pastor of the bride must assist at the marriage, unless some just cause, not grave, excuses. This too is to be recorded in writing, for the case in which some difficulty could afterwards arise.
Marriages between faithful of mixed rite, Latin and Ruthenian, in the Canadian region, as also among Ruthenian faithful, must be contracted with the form of the Decree Ne temere being observed. During the marriage, the wife can follow the rite of the husband. When the marriage has been dissolved, the woman may resume her own original rite. Marriages of mixed rite are to be blessed in the rite of the man and by his pastor. Dispensations, however, are to be given and requested from the Bishop of the bride. Sacred Congregation de Propaganda Fide, August 8, 1913, arts. 34-38.
But, in the United States of North America, marriages between faithful of mixed Latin and Ruthenian rite, and also among the Greek-Ruthenians themselves, must be contracted with the form of the Decree Ne temere being observed, and therefore are to be blessed in the rite of the woman by the pastor of the woman. Sacred Congregation de Propaganda Fide, August 17, 1914. Cf. First Supplement to the Institutions of Moral Theology and Enchiridion Morale, ed. 3, p. 18 ff.
- "VI. The Pastor and local Ordinary can grant permission to another determinate and certain Priest to assist at marriages within the limits of their territory.
But the delegate, in order to assist validly and licitly, is bound to observe the limits of the mandate, and the rules laid down above for the Pastor and local Ordinary in n. IV and V."
- Therefore there are four conditions in order that assistance at marriage can validly and licitly be furnished by another Priest than the Pastor or Ordinary: 1. that permission be given to him by the Ordinary or by the Pastor, not by another; 2. that permission be given only to a Priest; 3. that permission be given to a certain and determinate Priest; 4. that he assist at the marriage in the territory of the one giving the permission. But it is by no means required that delegation be made only in individual cases. For as regards delegation, by the present Decree nothing has been changed, except the necessity of making it to a determinate and certain Priest, and restricted to the territory of the delegator, namely when the delegation is made to a simple Priest. Sacred Congregation of the Council, July 27, 1908. Therefore valid will be the permission, given generally, that he assist at marriages, to a vice-pastor or to another Priest who supplies for the Pastor in case of absence. For it is not also required that permission be given only for a certain and determinate marriage. But if permission is given to another Ordinary or Pastor, they can validly and licitly assist at the marriage within the limits of their own territory. Since, however, the delegate is bound to observe the limits and the things which are laid down for the Pastor and local Ordinary in paragraphs IV and V, it follows that there can be committed to the delegate both assistance at the marriage and also those things which regard the inquiry concerning the free state of the contracting parties, and the summary process concerning it; and that delegation cannot be made to a Pastor who, by public Decree, is suspended from office, or by name excommunicated by public Decree. Delegation, moreover, cannot be made in general, but altogether in particular, to a determinate and certain priest. To a determinate and certain Priest, whether from the secular clergy or from the regular clergy.
- If a Pastor and Ordinary who are not proper have obtained permission from the proper Pastor and Ordinary to assist at a marriage, they can delegate the faculty of assisting at the marriage to another determinate and certain Priest, within the limits of their territory. For since they have obtained permission, they can assist licitly; but, since they are Pastor and Ordinary, they have, by force of their own office and by their own right, the faculty of validly assisting at the marriage, and consequently they can delegate it to another certain and determinate priest, within the limits of their own territory.
Since the local Ordinary and the Pastor can, by ordinary power, delegate permission to another certain and determinate priest, that he may assist at marriages within the limits of his territory, they can indeed delegate that permission to him with the faculty of subdelegating; but evidently with the faculty of subdelegating not anyone whatever, but another certain and determinate priest. For this, contrary to the Decree, would equivalently be to grant the faculty, by an indirect way, to an uncertain and indeterminate priest.
- "VII. When danger of death is imminent, where the Pastor, or the local Ordinary, or a Priest delegated by either, cannot be had, for the care of conscience and, if the case requires, for the legitimation of offspring, marriage can be contracted validly and licitly before any Priest and two witnesses."
"Danger," and not only the article, of death. "Cannot be had": morally speaking, and accordingly probably cannot be had, or even in doubt whether he can be had. "For the care of conscience, and... for the legitimation of offspring." Therefore in these two cases, if the Pastor or Ordinary or duly delegated Priest cannot be had, any other Priest licitly and validly assists at the marriage. For the care of conscience, therefore, for avoiding the danger of sinning and consequently the danger of the eternal salvation of the dying person. For the care of conscience, if likewise the dying person is otherwise held by a grave obligation. "For the care of conscience" is general; and accordingly it is not in the sole case of concubinage, as had expressly been held before in the Decree of the Holy Office, February 20, 1888. And for the legitimation of offspring, which consequently is not sacrilegious, incestuous, or adulterine. "Before any Priest": even one publicly excommunicated or suspended.
In the aforesaid danger, therefore, there is no need of any leave of the Ordinary or Pastor, much less is there need of the Pastor himself or of another Priest delegated by the Ordinary or Pastor; but any Priest, with two witnesses however, can assist at the marriage. But if witnesses are lacking, can there be place for legitimate epikeia? There are those who affirm it. But it does not seem so. For this is implicitly presupposed in the proposition condemned by the Holy Office, January 19, 1661; E.M., n. 1044. Moreover, in the present Decree there is question precisely of a most urgent case, when danger of death is imminent, and the law is invalidating. And if place is given to epikeia when witnesses are lacking, then one would have to say that place is also given to epikeia when the Priest too is lacking.
"Any priest, however, who according to the norm of article VII of the Decree Ne temere, when danger of death is imminent, where the pastor or local Ordinary or priest delegated by either cannot be had, can validly and licitly assist at marriage before two witnesses, can also, in the same circumstances, dispense from all impediments, even public ones, which by ecclesiastical law invalidate marriage, except the sacred order of priesthood and affinity in the direct line from lawful intercourse." Sacred Congregation of the Sacraments, May 14, 1909. "This further faculty is valid not only for concubinarii; but also, even if there is no question of concubinarii, if another cause is present for the care of conscience, and, if the case requires, for the legitimation of offspring." Sacred Congregation of the Sacraments, August 13 and 15, 1909. Moreover it is valid for all impediments, with only two excepted. Therefore it is valid also for the impediment of clandestinity, and consequently the priest can dispense even from the presence of the two witnesses, if they cannot be had.
"VIII. If it happens that in some region the Pastor, or local Ordinary, or Priest delegated by them, before whom marriage can be celebrated, cannot be had, and this condition of things has already persisted for a month, marriage can validly and licitly be entered upon by the betrothed parties giving formal consent before two witnesses."
"If it happens": in whatever place this happens; whence it follows generally: "that in some region," namely whether in some whole Nation or Province, or in another determined part or place; whether the local Ordinary is lacking, or only the Pastor, or the Priest delegated by the Ordinary or by the Pastor is lacking; and for whatever cause this happens, whether because, for example, the missionary does not return to the place except after six months, or because the betrothed parties cannot go to the missionary; for then also it is verified that he cannot be had.
Therefore, on the other hand, in remote places to which the missionary does not come each month, but in which, nevertheless, if he were requested, he could be had, and the betrothed parties could go without grave inconvenience either to him or to another missionary who is a Pastor in the sense of the Decree, marriages contracted without the presence of the missionary or pastor are to be held invalid. Sacred Congregation of the Council, July 27, 1908. Nevertheless, in the aforesaid case, with a grave cause urging, marriage can freely be contracted before another Pastor; for by the present Decree marriage is validly contracted before any Pastor. The proper Pastor is required only for liceity; only his permission would be needed, and this, with a grave and most just cause standing, can well be omitted and presumed.
"For a month," that is, for thirty days, although after the month has elapsed the Pastor, or Ordinary, or Priest delegated by them is soon to come. "And this condition of things has already persisted for a month." This condition of things is not considered interrupted by reason of the momentary, unexpected, and entirely unknown passage to the faithful through some place of a missionary who has already been absent from it for a month. Sacred Congregation of the Council, July 27, 1907.
"In some region," whatever place it may be, marriage can validly and licitly be contracted before witnesses alone, without the presence of a Priest competent to assist, whenever, a month having already elapsed, a competent Priest cannot be had or approached without grave inconvenience. Sacred Congregation, March 12, 1910.
"If it happens that in some region." He validly enters marriage before witnesses alone who goes into that region in fraud of the law. Sacred Congregation of the Sacraments, March 12, 1910.
"IX. § 1. When marriage has been celebrated, the Pastor, or he who takes his place, shall immediately record in the book of marriages the names of the spouses and witnesses, the place and day of the celebrated marriage, and other things according to the manner prescribed in the ritual books or by his own Ordinary; and this even if another Priest, delegated either by himself or by the Ordinary, assisted at the marriage.
§ 2. Moreover, let the Pastor also note in the book of the baptized that a spouse contracted marriage on such a day in his Parish. But if the spouse was baptized elsewhere, the Pastor of the marriage shall transmit notice of the contract entered into, either personally or through the episcopal curia, to the Pastor of baptism, so that the marriage may be entered in the baptismal book.
§ 3. Whenever marriage is contracted according to the norm of n. VII or VIII, the Priest in the former case, the witnesses in the latter, are bound in solidum with the contracting parties to take care that the entered marriage be noted as soon as possible in the prescribed books."
- "The Pastor... shall immediately record": that pastor, namely, who furnished his assistance to the marriage, although not the proper pastor, by leave of the proper pastor. "Shall record," namely those things which are enumerated: the names of the spouses and witnesses, the place and day of the celebrated marriage, and the name of the Ordinary, Pastor, or delegate who was present at the marriage. "And other things, according to the manner prescribed in the ritual books or by his own Ordinary"; wherefore the Ordinary can prescribe other things to be added besides the aforesaid.
"He shall record in the book of marriages," and moreover he shall note the marriage in the book of the baptized. And if the contracting parties were baptized elsewhere, the Pastor must transmit notice of the marriage, either personally or through the episcopal curia of his own diocese, or of the diocese of the contracting parties, to the Pastor of that parish in which the contracting parties were baptized.
The priest or the witnesses are bound in solidum with the contracting parties to take care as soon as possible for this notation of the marriage, when the marriage is celebrated in extremis, or when the Pastor or Ordinary or their delegate is lacking. But the Pastor to whom this notice is transmitted must note it in the book of marriages and in the book of the baptized; and if the contracting parties were baptized elsewhere, he himself is bound to transmit it to the pastor of baptism. They are bound in solidum; wherefore, if one neglects the notation, the others are obliged to take care of it; if one takes care of it, the others remain free.
"X. Pastors who shall have violated the prescriptions made thus far shall be punished by the Ordinaries according to the measure and gravity of the fault. And moreover, if they have assisted at someone's marriage contrary to the prescription of § 2 and 3 of n. V, let them not make the stole fees their own, but send them to the proper Pastor of the contracting parties."
"Pastors who": not others. "The prescriptions made thus far," that is, as regards both validity and liceity. "Let them be punished": the penalties, therefore, are to be imposed by sentence of the Ordinary. "Contrary to the prescription of § 2 and 3 of n. V," namely if a Pastor assists at the marriage of those who belong to another parish, without the leave of the proper Pastor or Ordinary of one or other contracting party, and outside a case of necessity. "He shall not make them his own"; and accordingly no sentence is required for undergoing this kind of penalty. "Let him send them to the proper Pastor of the contracting parties": proper by reason of domicile, of the contracting parties, namely of the bride, if they are of different parishes.
"XI. § 1. All those baptized in the Catholic Church, and those converted to it from heresy or schism, are bound by the laws laid down above, although either these or those later defected from it, whenever they enter betrothal or marriage among themselves.
§ 2. They are also in force for the same Catholics spoken of above, if they contract betrothal or marriage with non-Catholics, whether baptized or not baptized, even after a dispensation from the impediment of mixed religion or disparity of cult has been obtained, unless for some particular place or region the Holy See has otherwise established.
§ 3. Non-Catholics, whether baptized or not baptized, if they contract among themselves, are nowhere bound to observe the Catholic form of betrothal or marriage."
"All those baptized in the Catholic Church, and converts, although they later defected." The law, therefore, is universal for every place, with consequently any other contrary law or custom, whether general or particular, abolished.
"All those baptized in the Catholic Church." The Decree is not extended to Catholics of the Eastern rite. Sacred Congregation of the Council, February 1, 1908. Therefore marriages of Catholics among themselves are valid, or their mixed marriages, if namely they contract with a schismatic or heretic, even when the form of the Decree is not observed. Nevertheless a marriage contracted by a Catholic of the Latin rite with a Catholic of the Eastern rite is not valid if the form established by the Decree Ne temere is not observed. Sacred Congregation of the Council, March 28, 1908. Cf. moreover the things which were said above concerning the Ruthenians, n. 30, paragraphs 2 and 3. Whether those also are bound by the aforesaid Decree who, born of non-Catholic parents, were baptized as Catholics and from earliest age grew up heretically, infideliter, or according to the rite of atheists, has not yet been defined, and recourse must be had in individual cases. Holy Office, March 31, 1911.
"Later defected": after baptism in the Catholic Church, or after conversion to it. Even in the German Empire, Catholics who have gone over to a heretical or schismatic sect, or converts to the Catholic faith who afterwards defected from it, even in youth or infancy, in order to contract validly with a Catholic person, must employ the form established in the Decree Ne temere, namely in such a way that they must contract before the pastor and at least two witnesses. Sacred Congregation of the Council, February 1, 1908. And the reason is that the Decree Provida, which alone is excepted, regards only marriages of heretics among themselves and with Catholics. Cf. n. 55.
"For the same Catholics, if with baptized non-Catholics," and accordingly all marriages of mixed religion, saving the exception indicated, are subject to this law. "Mixed religion." Those things remain unchanged which have been established for such nuptials, to be celebrated without the Catholic rite and outside the church. Cf. what was said above, n. 18, paragraph "By a Decree." "If with non-Catholics." Under the name of non-Catholics are also comprehended schismatics and heretics of the Eastern rites. Sacred Congregation of the Council, March 28, 1908.
"Unless for some particular place or region the Holy See has otherwise established." Only the Constitution Provida of Pius X, January 18, 1906, for the German Empire is comprehended. Nor are the other Indults and Declarations regarding the impediment of clandestinity by any means comprehended. Sacred Congregation of the Sacraments, February 1, 1908. But the aforesaid Constitution Provida was extended, as regards mixed marriages, to the Kingdom of Hungary. Sacred Congregation of the Sacraments, February 9, 1909.
After the extension of the Constitution Provida to the Kingdom of Hungary, between Germany and Hungary, as regards the validity of clandestine mixed marriages, a reciprocal relation is not had, such that two spouses both born in the Kingdom of Hungary do not validly contract, even clandestinely, in Germany, and, vice versa, two spouses both born in Germany do not validly enter a mixed clandestine marriage in the Kingdom of Hungary. Sacred Congregation of the Sacraments, June 18, 1909. Nor likewise does one born in Germany with one born in the Kingdom of Hungary validly enter a mixed marriage either in Germany or in the Kingdom of Hungary. But, in any case, both spouses must have been born in Germany, or respectively in the Kingdom of Hungary. Sacred Congregation of the Sacraments, June 18, 1909.
Heretics and schismatics, all of them, on the other hand, are not bound by the present Decree. They can validly contract betrothal and marriage in any place whatever.
"Let the present Decree be held as lawfully published and promulgated by its transmission to the local Ordinaries; and let the things disposed in it begin everywhere to have the force of law from the day of the solemn Pasch of the Resurrection of Our Lord Jesus Christ in the next year, 1908.
Meanwhile let all local Ordinaries take care that this Decree be published among the people as soon as possible, and explained in the individual parochial churches of their dioceses, so that it may be duly known by all.
These presents to have force by special mandate of our Most Holy Lord Pius, Pope X, anything whatsoever to the contrary, even things worthy of particular mention, notwithstanding."
- "Everywhere to have the force of law." The Decree, therefore, has the force of a universal law in the whole Church. It is considered published and promulgated by its very transmission to the local Ordinaries. It abolishes any contrary law and custom whatsoever, even particular, anything whatsoever worthy of particular mention notwithstanding. Finally, its obligation begins from the day of the solemn Pasch of the Resurrection of the present year 1908, that is from April 19, from the beginning of that day, which is from midnight after the preceding day. Hence Ordinaries are warned to take care that this Decree be published among the people as soon as possible, and moreover be explained in the individual parochial churches of their dioceses; for this is altogether necessary so that the aforesaid Decree may be duly known and observed by all.