Article — Merkelbach, Pastoral Questions
Article VI: Concerning the Inscription of Celebrated Matrimony
- I. Inscription in the book of matrimonies.
"When matrimony has been celebrated, the parish priest or the one who takes his place is, as soon as possible, to describe in the book of matrimonies the names of the spouses and witnesses, the place and day of the celebrated matrimony, and other things according to the manner prescribed in the ritual books and by his own Ordinary, and this although another priest, delegated either by him or by the Ordinary, assisted at the matrimony." (Can. 1103, § 1.)
a) It is the office of the parish priest himself or of the one taking his place, even in the case of matrimony celebrated by another priest, to inscribe the matrimony in the book of matrimonies. If he uses the hand of another, he himself at least must sign.
b) As soon as possible, i.e., within three or four days, the inscription is to be made.
c) Let the inscription be made in the book, not on separate leaves.
d) That obligation is grave.
e) The convalidation or dissolution of the matrimony also is to be noted.
f) 1. As often as, by reason of secrecy, the matrimony cannot be inscribed in the parochial book, and yet the good of the offspring requires that such a matrimony be able to be proved in the external forum, the inscription is to be made in the secret book of the episcopal Curia.
- But if the sacramental seal stands in the way, the confessor cannot arrange even the secret notation without the express permission of those whom it concerns.1
1 Capello, cited work, n. 718.
- II. Inscription in the book of the baptized.
"Moreover, according to the norm of can. 470, § 2, the parish priest is also to note in the book of the baptized that the spouse contracted matrimony on such a day in his parish. But if the spouse was baptized elsewhere, the parish priest of the matrimony is to transmit notice of the contract entered into to the parish priest of baptism, either by himself or through the episcopal Curia, so that the matrimony may be referred into the book of the baptized." (Can. 1103, § 2.)
a) That notation is prescribed for this end, that a matrimony perhaps already contracted by the one who wishes to marry may more easily be detected.
b) If each spouse or either spouse was baptized in the parish of the matrimony, in the book of the baptized, in the margin or at the foot of the inscribed baptism, let it be noted that such a person contracted matrimony in this parish, on such day, month, and year, with the names, surnames, and age of the other party indicated, and with the names and surnames of the parents of the other party, of the witnesses, and of the parish priest.
But an easier and licit manner is to indicate in the margin at the place of the inscribed baptism: "Contracted matrimony with N. N. Cf. the book of matrimonies."
c) If each spouse or either spouse was baptized elsewhere, the parish priest who assisted at the matrimony must report the union to the parish priest or parish priests of baptism, with all the indications enumerated under b), and must furnish the written notice with the parochial seal.
In a mixed matrimony, care must be taken concerning inscription in the book of baptisms for the Catholic party alone.
d) The parish priest of baptism should accurately note all things in the book of the baptized.
e) If the place is unknown, but the diocese of baptism is known certainly or by presumption, let the Ordinary of that diocese be informed, who himself is to institute an inquiry so that the matrimony may be inscribed rightly in the book of the baptized.
f) This obligation is grave, like the obligation of inscribing in the book of matrimonies.
- III. Inscription of matrimony celebrated without the intervention of the parish priest or delegate.
a) The obligation affects first the priest, if he assisted at the matrimony. If no priest assisted, the witnesses and contracting parties are bound in solidum.
b) The matrimony must be reported either to the parish priest of the place where the matrimony was entered into, or to the proper parish priest of the contracting parties and the parish priest of baptism. If in that place there is no parish or quasi-parish, the report is to be made to the local Ordinary.