Article Five. When the Obligation to the Form Ceases.

652. In a twofold case, in which the competent priest who assists at matrimony either cannot be had or cannot be approached without grave inconvenience, the obligation of observing the prescribed form ceases.

1. In danger of death, matrimony contracted before witnesses alone is valid.¹ Danger of death prudently estimated is understood, whether it comes from disease or from another cause (imminent battle, earthquake, inundation). If error has intervened in the estimation of the danger, the matrimony entered without the parish priest is nevertheless valid.

2. Outside danger of death, it is validly contracted before witnesses alone if it is prudently foreseen that that condition of things, in which the competent priest cannot be had or approached without grave inconvenience, will endure for a month.²

a. Therefore those who can call or approach the competent priest without great inconvenience are held to this under pain of nullity of the matrimony. Those who cannot do this contract validly before witnesses alone, even if of their own industry they have gone to a place where a competent priest cannot be had.

b. In mission regions, and in time of war or sedition or persecution of the Church even in Catholic regions, it can easily happen that a qualified witness cannot be had or that access to him is difficult or not safe.

c. From the Code it is established that the impossibility of having a qualified witness need not be common to some region, but that the particular impossibility of the contracting parties suffices.

d. It is asked whether matrimony can be contracted before witnesses alone where the parish priest or another priest cannot assist at ecclesiastical matrimony unless the civil ceremony has first been premised, without being punished by a grave penalty.³

There are those who affirm this (Bremer, Haring, Schafer); nevertheless the opinion of those who say that even today one must stand by the decision of the Holy See seems to be preferred. This decision holds matrimony entered in this case before witnesses alone as invalid and requires that in individual cases recourse be had to the Holy See.⁴

3. In order that the matrimony be licit, in each case another priest, if one is at hand and can be present, must be called and must assist at the matrimony together with the witnesses.⁵ Therefore if from a grave cause he were not called, the matrimony would be valid and licit.

It is greatly to be advised that a priest be called, even if he can be had only with some inconvenience, lest the spouses lack the blessing and so that provision may be made for the dignity and sanctity of the sacrament.

Question Nine.. On the Celebration of Matrimony Itself.

The following are to be considered: a. the time of celebration; b. the place of celebration; c. the contracting parties; d. the assisting parish priest; e. the rite of matrimony; f. the celebration of mixed matrimony; g. the notation of matrimony.

¹ Cn. 1098, 1.

² Ibid.

³ The case is this: those about to marry cannot enter civil matrimony, suppose because the documents necessary for civil matrimony are lacking; the parish priest cannot assist at ecclesiastical matrimony, because it is forbidden by the government under grave penalties. Can they contract before witnesses alone?

⁴ Cf. Linneborn, p. 371 ff.

⁵ Cn. 1098, 2.