Case LXXII: Revalidation of an Invalid Marriage

Rufina apostatized from the Catholic faith, and becoming a Jewess, was married before a Rabbi to a certain Samuel. After some time the latter asked for baptism. The priest to whom he applied, after obtaining the parish priest's permission, asked and received the necessary faculties from the ordinary, viz., leave to baptize, authority to reconcile the apostate, and a dispensation from publishing the banns of marriage three times. This priest, who had no regular care of souls, was asked expressly by the parish priest whether he would undertake the whole matter, and answered in the affirmative, subject to the parish priest's permission, who thereupon said: " That is given."

On the appointed day the priest awaited in the sacristy the rector, who on his arrival exclaimed: " It was not necessary to wait for me. Go right ahead," and went away. Being convinced that he thus had received all the necessary authorization, the priest baptized Samuel (he had previously reconciled Rufina), proceeded to the oath of manifestation, and then married them before two witnesses. Having completed the ceremony, he was summoned to the rector, who addressed him thus: " I hear you married them! Why, you had no delegation for that." The priest was astonished, but said that he would recall the couple, to renew their consent. The rector, however, answered: " No, let them go now. You could presume the delegation to have been granted." " I beg your pardon," said the priest, " there is no such thing as a delegatio praesumta, though there might be a tacita, if you had any idea that, in consequence of your words, I should perhaps marry the couple, and, in case I did so, you were willing to raise no objection." The rector said shortly: "Very well." What was to be done? The priest was undoubtedly right in his action as well as in his opinion.

He devised the following way out of the difficulty. He went to the Bishop of the diocese, and asked him as parochus ordinarius to delegate his powers to him, as a precautionary measure. Then, after leaving the married couple in good faith for a short time, he took an opportunity later on of making them renew their consent conditionally in the presence of two witnesses, under the pretext that there had been some mistake in a matter of form.—Honorius Rett, O.F.M.