Article VII: Concerning Matrimony of Conscience

237. • I. Notion.

Matrimony of conscience is a matrimony indeed celebrated before the parish priest or local Ordinary or a priest duly delegated and two witnesses, but with the announcements omitted and secretly.

238. • II. Conditions which render such a matrimony licit.

"Only from a most grave and most urgent cause, and by the local Ordinary himself, the Vicar General excluded without a special mandate, can it be permitted that a matrimony of conscience be entered." (Can. 1104.)

a) What is that most grave and most urgent cause?

From the style and practice of the Sacred Penitentiary such a cause is judged to exist if two persons live publicly under the appearance of matrimony, but in reality are persons living in concubinage, without any suspicion concerning their sin being present. But other causes can be given.

b) It is the office of the Ordinary accurately to weigh the causes and especially to become altogether certain concerning the free state of the contracting parties.

239. • III. What consequences the permission of celebrating a matrimony of conscience brings with it.

a) "The permission for celebration of a matrimony of conscience brings with it the promise and grave obligation of observing secrecy on the part of the assisting priest, the witnesses, the Ordinary and his successors, and also the other spouse, when the other does not consent to publication." (Can. 1105.)

b) The Ordinary becomes free from that obligation of observing secrecy:

1. If some scandal or grave injury toward the sanctity of matrimony threatens from the observance of secrecy.

2. If the parents do not take care that children received from such a matrimony be baptized.

3. If they take care that they be baptized under false names expressed, unless, however, within thirty days they provide to the Ordinary notice of the offspring received and baptized, with a sincere indication of the parents.

4. If finally they neglect the Christian education of the children. (Can. 1106.)

c) Concerning these things, as is evident, the spouses are to be warned; indeed, they must promise that they will fulfill their obligations toward the offspring.

240. • IV. Inscription of the matrimony.

"A matrimony of conscience is not to be noted in the customary book of matrimonies and of the baptized, but in a particular book to be kept in the secret archive of the Curia, of which in can. 379." (Can. 1107.)