§ 2. On The Requisites For The Tridentine Form

The essential solemnity prescribed by Trent consists in the presence of the parish priest and witnesses. The following will elucidate the things which pertain to each presence.

2073. Principles. I. Only the PROPER PARISH PRIEST of either contracting party can VALIDLY assist at their matrimony. - It is established both from the Tridentine decree itself, and from various declarations of S. C. of the Council,¹ and finally from the constant practice of the Church and from common interpretation.

It is said 1. PARISH PRIEST, by which name is understood not only the parish priest properly so called, but every ecclesiastical Superior having ordinary jurisdiction over the contracting parties: as the Pope in the universal Church, the Bishop and Vicar general in their own diocese, and, the See being vacant, the capitular Vicar; finally Abbots having quasi-episcopal jurisdiction, in their own territory.

A putative parish priest also VALIDLY assists at matrimony, namely one who lacks parochial jurisdiction because of an occult defect, but who, a title at least colored suffragating, is held from common error as the true parish priest. Yet "since an intruder, nominated by non-legitimate authority, is by no means a parish priest," as Pius VI says,² "and has no title, either true or colored, matrimony contracted before him is certainly of no strength."

Similarly, an excommunicated parish priest VALIDLY assists at matrimony, even one to be avoided, irregular and suspended, or not yet initiated into the priesthood; because in assisting he exercises no jurisdiction, but intervenes only as a qualified witness, and he is still parish priest.³ Yet a most grave cause is required for seeking assistance from a parish priest excommunicated by name, or interdicted.⁴ But if he has become a public and declared heretic or schismatic, he can no longer validly assist, because he is deprived of the parochial benefice by the law itself, from the Constitution Noverit of Nicholas III.⁵

Here also it must be NOTED that a parish priest, even outside the parish, and say the same of the Bishop outside his diocese, can assist at the matrimony of his subject, even if the parish priest of the place where the matrimony is celebrated should contradict it.⁶ And, from a just cause, he also does this licitly: the solemn blessing however being omitted, which he is prohibited under grave obligation from imparting without license of the parish priest or Ordinary of the place.⁷

It is said 2. PROPER, namely one who is parish priest of the domicile or quasi-domicile of the contracting parties. Thus it has been defined several times.⁸

2074. For perfect understanding of the matter it seems opportune here to repeat the things which above, in the Treatise on Laws, we said concerning domicile and quasi-domicile.

Therefore someone is said to have DOMICILE there where he dwells with the will of remaining perpetually. But since such a will is an internal thing, it ought to be manifested by words or deeds, or to be argued by presumption of law, from a ten-year habitation, provided the contrary intention is not established. Moreover, domicile once acquired is not lost by actual departure, nor by long absence, but only by a formal will of renouncing it. And this same renunciation is required so that the wife may lose the domicile of her deceased husband. But he who is not his own right, as a minor, retains the domicile of his father or tutor, as long as, after his emancipation, he has not dismissed it either by words or by deeds (cf. n. 203).

QUASI-DOMICILE is commonly defined by authors: habitation in some place, with the intention of remaining there through the greater part of the year, or at least for six months. "Wherefore if it is legitimately established that either both or one of the betrothed has the intention of remaining through the greater part of the year, from the first day on which these two things concur together, namely both an intention of this kind and actual habitation, quasi-domicile must be judged to have been acquired, and the matrimony which is contracted therefore to be valid. - Nevertheless, if the aforesaid intention is not established, recourse must be had to the indications which are at hand, and which produce moral certitude. But in an occult and internal matter, it is difficult to have indications of this kind which make the judge secure: hence it is that the rule confirmed by the Supreme Pontiff Benedict XIV must especially be employed, that it be inspected whether before the matrimony, for the space of at least one month, either both or one of them dwelt in the place of the matrimony. But if this is found to have happened, it must be judged from presumption of law that the intention of remaining through the greater part of the year existed, and domicile was acquired, and therefore the matrimony is valid. But if this presumption of law, which arises from monthly habitation, is destroyed by contrary proofs, by which it is certainly and clearly established that the aforesaid intention in no way existed: then certainly it is manifest that a contrary judgment must be pronounced, because presumption must yield to truth. - Besides, it is also manifest that actual habitation is inept for producing quasi-domicile, if someone is staying in that region in the manner of a wanderer and traveler, but not as one truly and properly dwelling, namely in the way others are accustomed who in the same place have a true and properly so-called domicile."⁹

The proper parish priest of wanderers, namely those who have no domicile or quasi-domicile, as to assistance at matrimony, is he in whose parish they actually are. "Therefore they can contract before any parish priest, assisting in his own parish, and this even if only one of the betrothed is a wanderer.... But the parish priest, before he joins wanderers, is bound diligently to inquire concerning their condition, as Trent prescribes,¹⁰ whether they are joined elsewhere; and afterward to seek license of assisting from the Bishop, without which, although he assists validly, nevertheless he sins gravely by assisting."¹¹

From the things said you will resolve: 1. For the validity of matrimony, it makes no difference whether the parish priest of the bridegroom or of the bride assists. Yet matrimony is contracted more fittingly before the parish priest of the bride.

2. One who has two domiciles, or domicile and quasi-domicile, can contract before the parish priest of either one; yet more decently before the parish priest of actual habitation.

3. From quasi-domicile there acquire for themselves parochial right as to celebration of matrimony: public officials, judges, professors, pupils, servants, maidservants, etc., who by reason of office, duty, study, or for the sake of carrying on business, betake themselves into some place with the intention of spending the greater part of the year there; likewise, soldiers and those detained in prison, who are sent to a place for at least six months, but not if they are going to remain there for a shorter time. - And here it must be noted that those who live in some community, under the spiritual care of some chaplain, for example in a hospice, foundling hospital, cannot contract before him; but the presence is required of the parish priest of the place in which is the hospice or other house where they live.¹²

Nevertheless, for all the aforesaid it is also permitted to contract before the parish priest of the PLACE where they have true domicile; indeed girls who, for the sake of education, live in a monastery or conservatory, and who wish to enter matrimony, are to be sent back to the paternal home; as both the reason of decorum and the decree of S. C. of Bishops and Regulars, 7 October 1723, related by Benedict XIV,¹³ show that it must be done. And this same thing must be done with young men living in a seminary, college, or other house for the sake of education.

2075. II. The parish priest or Ordinary enjoys the faculty of DELEGATING a priest who may assist at matrimony in his place. Thus expressly the Tridentine decree. But that the delegation be VALID it is required:

1. On the part of the delegate, that he be a priest, and have notice of the delegation made; for an ignored delegation profits nothing.¹⁴ - He can subdelegate if he is delegated for the universality of causes, for example for performing all parochial duties; otherwise, if he is delegated for a case, unless an express faculty also of subdelegating is conceded: which is opportune to add, so that various difficulties perhaps not foreseen may be met.

2. On the part of the one delegating, that the delegation be express, either in writing, which is best, or by living voice, or at least by some sign which manifests consent in the present; whence, tacit delegation sometimes suffices, but never interpretative delegation. Yet delegation has force even if extorted by fear, provided it has not been retracted; for it is sufficiently voluntary (cf. n. 232, 286).

But with what faculty in this matter coadjutors of parish priests, or Vicars, are endowed, certainly cannot be defined by a general rule, but must be known from custom and diocesan statutes. For the Bishop, in constituting Vicars, can either immediately confer on them the right of assisting at matrimonies, or leave that right to be committed to them from the delegation of the parish priest.

2076. III. Besides the parish priest, at least TWO WITNESSES ought necessarily to assist at matrimony, and this under penalty of nullity. - It is established from the often-cited decree of Trent.

But the common opinion is that any witnesses are suitable for this assistance, even women, children, provided they are capable of reason, infidels, infamous persons, parents, slaves, and even those who by chance pass by there, or are detained by force.¹⁵ Yet honorable Catholics, who know the contracting parties, are to be preferred.

2077. IV. The PRESENCE of the parish priest and witnesses ought to be not only material, but also FORMAL, so that they can attend to what is being done and testify to it. It is established from the end of the law, and from many declarations of S. C. of the Council.¹⁶

Hence: 1. "If they did not well understand the consent of the betrothed, for example because they are of a diverse idiom, one interpreter affirming concerning the consent is not enough.

2. "It is not necessary that they see the contracting parties, provided they hear the words of the contract, if they know the voices of the contracting parties. It also suffices if they see the signs of consent.

3. "Nor does it matter, even if unwilling they are detained through fear, force, fraud, or injury, or even if they contradict and resist.... But contracting parties sin gravely by contracting before a parish priest detained by force or fraud, or passing by by chance, on account of the injury which is inflicted on the Sacrament and the Church, since the parish priest then assists as a public person."¹⁷ Except if, an urgent necessity of contracting being present, the parish priest were unwilling to assist, and the Superior could not be approached: because the parish priest then is bound from office to assist. Yet it would be only venial to contract before witnesses thus present, that is, detained by fraud.¹⁸