§ 1. Conditions for Validity

216. • I. "Only those matrimonies are valid which are contracted before the parish priest, or the local Ordinary, or a priest delegated by either, and at least two witnesses." (Can. 1094.)

II. Conditions necessary on the part of the qualified witness.

That qualified witness is either the parish priest, or the local Ordinary, or a priest legitimately delegated by the Ordinary or parish priest for assisting.

217. • a) The parish priest or local Ordinary.

1. Which persons come under the name of parish priest or local Ordinary, see above n. 59.

2. "They validly assist at matrimony only from the day of canonical possession of the benefice obtained according to the norm of can. 334, § 3, 1144, § 1, or of office begun." (Can. 1095, § 1, 1°.)

3. "unless by sentence they have been excommunicated or interdicted or suspended from office, or declared such." (ibid.)

The right of the parish priest or Ordinary with regard to assistance at matrimony ceases:

1. by loss of office, in whatever way this happens.

2. by excommunication, interdict, or suspension from office, provided that those censures are inflicted by condemnatory or declaratory sentence.

4. Nevertheless, a putative parish priest or Ordinary assists validly, because the Church supplies his power in common error. (Can. 209.)

Likewise, by reason of the Church's supplying, the parish priest or Ordinary assist validly in a positive and probable doubt of law or fact concerning their competence for assisting at matrimony. (ibid.)

5. "Only within the limits of their territory, in which they validly assist at the matrimonies not only of their subjects, but also of non-subjects." (Can. 1095, § 1, 2°.)

1. Within the limits of their proper territory they validly assist at the matrimony of all; outside those limits, at the matrimony of no one, even of a subject.

2. Churches and houses of exempt regulars, with respect to assistance at matrimony, are considered to be in the territory of the parish priest and Ordinary.

3. Where several parish priests cumulatively hold the same territory, each one validly assists in the whole territory.¹

¹ S. C. C., 1 Feb. 1908, ad VIII.

4. Rectors of pious places, e.g., hospitals, who enjoy full parochial power, cannot assist except at the matrimonies of their own subjects and only in the place where they exercise jurisdiction.²

² Ibid., ad X.

5. Strictly personal parish priests, e.g., military chaplains, where care of souls has been entrusted to them, validly assist only at the matrimony of their own subjects, but everywhere.³

³ S. C. C., 1 Feb. 1908, ad VII.

6. "Provided they are constrained neither by force nor by grave fear, and ask for and receive the consent of the contracting parties." (Can. 1095, § 1, 3°.)

1. Force and grave fear brought by anyone to extort assistance directly or indirectly renders the matrimony null.

2. Deceit employed does not harm valid assistance.

3. Now active assistance is always required, i.e., he must ask for and receive the consent of the contracting parties, even in mixed matrimonies. Otherwise the matrimony is invalid.

4. It makes no difference for validity whether the parish priest acts through himself or through an interpreter, by words or writing or sign.

5. The matrimony is valid if, after the consent has been asked for, the parish priest voluntarily does not perceive it, e.g., by stopping up his ears.

218. • b) A priest delegated by the parish priest or Ordinary.

"The parish priest and local Ordinary who can validly assist at matrimony can also give permission to another priest to assist validly at matrimony within the limits of their territory." (Can. 1095, § 2.)

1. All and only those can delegate who above at n. 59 are said to be included under the name of parish priest or local Ordinary, and only insofar as they themselves personally have the right of assisting and under the same conditions. For "no one can transfer more right to another than is recognized as belonging to himself."⁴ First of all it must be noted that delegation has no force outside the limits of the territory of the one delegating.

⁴ Rule of Law 79 in the Sext.

2. Thus one delegated can subdelegate another in the following cases:

1. if he has been delegated by the Apostolic See, and has not been chosen by reason of special skill, nor has subdelegation been prohibited to him. (Can. 199, § 2.)

2. if he has been delegated for all matrimonies (can. 199, § 3.)⁵

⁵ Cfr. also response of the Pontifical Commission for the authentic interpretation of the Code, IV, Concerning subdelegation for assisting at matrimony, I, on 28 Dec. 1927, A.A.S. 1928, pp. 61 and 62.

3. if the faculty of subdelegating has been expressly conceded to him. (Can. 199, § 4.)⁶

⁶ Same response II, A.A.S., 1928, p. 62.

3. The subdelegate cannot again subdelegate his own power, unless this has been expressly conceded. (Can. 199, § 4.)

"Permission to assist at matrimony, granted according to the norm of can. 1095, must be given expressly to a determinate priest for a determinate matrimony, any general delegations being excluded, unless there is question of assistant vicars for the parish to which they are attached; otherwise it is invalid." (Can. 1096, § 1.)

1. Any priest can be delegated, provided he is determined in some way. Several priests can be delegated, e.g., all those dwelling in the parish.

2. 1. The permission of assisting is restricted to a determinate matrimony or determinate matrimonies. It matters little by what way that determination is made, whether by the name, title, or office of the contracting parties, or by the hour and place of celebration.

2. An exception is given with regard only to assistant vicars, who, in the parish only which they serve, can receive general delegation for all matrimonies or for matrimonies of a certain category.

In this matter, vicar-adjutors (coadjuteurs) are assimilated to assistants, who only in part supply the place of the parish priest.

3. Delegation must be given expressly.

4. It is required that the delegate know the delegation and at least implicitly accept it, unless nevertheless the delegation is given by law or statute.

5. Delegation extorted by fear is valid.

6. In order to furnish assistance at matrimony validly, the delegate must conduct himself in precisely the same way as the parish priest or Ordinary himself personally assisting.

7. By the death or removal of the one delegating, delegation does not cease, unless this has been expressly established. (Can. 207, § 1.)

219. • III. Conditions necessary on the part of the witnesses.

a) It suffices that the witnesses be apt to make proof concerning the matrimony celebrated, without any special quality being required in them.

b) They must be at least two.

c) It is necessary that they be physically or corporally and at the same time morally present at the celebration of matrimony, namely in such a way that they perceive that matrimony is being celebrated between this man and this woman.

d) With witnesses ignorant of the language, if an interpreter explains the words expressing consent, or even if two interpreters are used, of whom one explains the words of the other, the matrimony is valid.

e) Force and fear employed so that witnesses assist in no way harm the validity of the matrimony.