Article II. On the Revalidation of Matrimony Invalid Because of Defect of the Prescribed Form

1631. - I. It is certain that Matrimony invalid by reason of clandestinity must be entered before the Pastor and witnesses, unless there is obtained from the Supreme Pontiff a dispensation from the law of the Council of Trent, which otherwise is rarely conceded. For that law obliges so long as it has not been fulfilled, since it is a condition sine qua non, required in every case for the validity of Matrimony, unless recourse to the Pastor is commonly and morally impossible in some place [n. 1606. f)].

II. If both spouses do not refuse to present themselves before the Pastor, before him the Matrimony must be revalidated either publicly or secretly, according as the nullity of the Matrimony was public or occult. The reason is that in the former case scandal must be removed, but in the latter it must be guarded against, and the reputation of the spouses must be preserved.

"But if the Ordinary," while the invalidity is notorious, "because of peculiar circumstances judges it expedient that it be celebrated secretly before the proper Pastor and two witnesses, it will be able to be celebrated secretly, provided however that public scandal can be removed by another reason, and is removed as soon as possible." Thus Cardinal Caprara in the Instruction on the revalidation of Matrimonies.

But various difficulties occur if one party consents to contracting before the Pastor and the other refuses, or if both are badly disposed. Hence:

1632. Questions. - Quaer. 1° What must be done if one party, or each, consents to renewing consent before the Pastor, but refuses to go to the Church?

Resp. They are to be joined in their own house or in another place chosen by them, provided grave witnesses are present, by whose help the convalidation of this Matrimony can become public, if this is necessary for removing scandal, namely if the invalidity of the prior conjunction is notorious.

Quaer. 2° What must be done if one refuses to contract before the Pastor?

Resp. Thus Cardinal Caprara responds in the cited Instruction: "If the refusal arises from ignorance or some error against the laws or doctrine of the Church concerning impediments invalidating Matrimony, let the one refusing be instructed with due prudence and in charity. And insofar as he still refuses to convalidate his Matrimony in the face of the Church, then effort must be made that he constitute a special procurator, who in his name may contract Matrimony in the customary manner; or at least, consent de praesenti having been expressed through a letter directed to the proper Pastor or to another priest having the license of the Ordinary or Pastor, let the Matrimony be renewed."

Quaer. 3° What if the indisposed party does not wish to contract even through a procurator, etc.?

Resp. Thus the same Cardinal Caprara responds: "If the things thus far prescribed can in no way be obtained, and one party cannot be brought to the celebration of Matrimony to be made according to the things handed down above, ... we judge that recourse can be had to dispensation in the root of Matrimony, or to the sanation of Matrimony in the root, so that at least the salvation of the innocent party's soul, the legitimacy of the offspring, and the tranquility of families may be consulted altogether, and as soon as possible provision may also be made for the salvation of the soul of the one refusing."

Quaer. 4° What if neither party consents to contract Matrimony anew?

Resp. Nothing at all is to be done here and now, because sanation in the root, although absolutely speaking it could be given by the Pope even in that case, will not be given. Therefore it remains that the Pastor frequently commend the most wretched concubinaries to God, and by assiduous cares strive to procure their conversion.