§ 3. Concerning the Power of the Parish Priest or of the Priest Assisting at Matrimony

188. • I. In danger of death.

a) The parish priest has the same power as the Ordinary, but restricted to cases in which not even the local Ordinary can be approached. (Can. 1044.)

What we said above at n. 185, 2 and 3 concerning the nature and scope of the power of the local Ordinary here must be applied altogether to the parish priest.

b) The same faculty belongs to the priest who, the parish priest or his delegate being absent or impeded, assists at matrimony according to the norm of can. 1098. (Can. 1044.)

c) Does a priest legitimately delegated by the Ordinary or by the parish priest to assist at matrimony enjoy the same power?

R. The Code indeed is silent, but several judge that there is here place for the application of can. 200 § 1, since in the case the delegate cannot assist without the concession of dispensation. By conceding delegation, the parish priest or Ordinary is held implicitly to delegate his faculty of dispensing.¹

¹ Capello, cited work, n. 236.

189. • II. In other urgent cases.

a) The parish priest enjoys the same faculty as the Ordinary, in the circumstances explained above at n. 186, restricted nevertheless to occult cases and to those in which not even the local Ordinary can be approached, or only with danger of violation of secrecy. (Can. 1045, § 3.)

1. "Occult cases" must be understood of any impediment occult by fact, even if by its nature it is public. This has now become certain from the response of the Commission for authentically interpreting the Canons of the Code, on the 28th day of December 1927.²

² Acta Apostolicae Sedis, 1928, p. 61. III, Concerning matrimonial dispensations.

2. Secrecy is not here restricted to sacramental secrecy.

b) A similar faculty is granted to the priest assisting at matrimony according to the norm of can. 1098 2°, i.e., when outside danger of death the parish priest or Ordinary or delegated priest who would assist at matrimony cannot be had or approached without grave inconvenience, and it is prudently foreseen that this condition of affairs will last for a month. (Can. 1098.)

c) What we said above at n. 188, c, concerning a priest delegated to assist in danger of death, also has force here.

190. • III. The parish priest or priest assisting at matrimony should at once inform the local Ordinary concerning the dispensation granted for the external forum; and it should be noted in the book of matrimonies. (Can. 1046.)