Case XLV: Matrimonial Consent

Lucillus and Agnes were married, but the priest, of very old age, accidentally omitted the portion of the ceremony in which the essential " Yes " should have been spoken.

Some time afterwards they quarreled, and Lucillus said to Agnes: "Pack up and be off, you are not my wife." Agnes was astonished, not knowing what he meant, until he explained to her what had happened. The witnesses to the marriage were still alive, and remembered the occurrence; they had noticed it at the time, but thought it only a matter of form, and said nothing, lest they should do mischief. The business was referred to a higher authority.

The marriage was recognized as valid, both by the Church and the state. The Bishop's answer ran as follows: " The couple evidently approached the altar with the intention of being married, and with the same intention they clasped each other by the hand, gave the rings to be blessed and exchanged them in token of their troth that they had pledged, and they signed the marriage contract; all this took place in the presence of the parish priest and two witnesses."

While no one is bound to regard this decision as correct, it is a fact that in some oriental rites the bridal couple say nothing actually expressive of the conclusion of the marriage, which is externally manifested by the clasping of their hands and other ceremonies, often very solemn.

In cases where there is doubt regarding the validity of a marriage that has already taken place, Rome gives no absolute decision, unless the matter is perfectly clear, but in practise, she upholds the marriage as far as possible, for "Actus rite factus praesumitur."

In the present case, if the answer " Non constare de nullitate " had been received from Rome, the couple would have had to acquiesce in their marriage, at least if it had been consummated, they could not contract other marriage. They would have had to refrain altogether from marriage, for the impediment of a bond probably existing stands in the way; with so great a danger of nullity another marriage could not take place.—Honorius Rett, O.F.M.