Article — Prümmer, Manuale Theologiae Moralis
Article III. What Things Are to Be Done After the Matrimony Has Been Celebrated
776. 1. "Once the matrimony has been celebrated, the parish priest or the one who supplies his place shall immediately record in the book of marriages 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 proper Ordinary, and this even if another priest delegated either by him or by the Ordinary assisted at the matrimony."97
This inscription must be made immediately, that is, on the same day or at least within three days. It does not clearly appear from this paragraph which parish priest ought to inscribe the names if perhaps the matrimony was celebrated outside the place of domicile, quasi-domicile, or month's residence. Certainly it would be better if such a matrimony were inscribed both in the parish where it was celebrated and in the parish of the bride. Thus at least sometimes by particular law.98 Of itself, however, it seems to suffice if the matrimony is inscribed in the parish in whose territory it was celebrated.99 The reason is that the whole tendency of the new law, as has already often been said, is to attach the celebration of matrimony to some territory and to burden the parish priest of that place with completing all those things which are required for validity and liceity. - When a dispensation from some public impediment was necessary for the celebration of the matrimony, this also must be noted in the book of marriages.
- Moreover, it is also necessary to note in the book of baptisms, both at the name of the bridegroom and at the name of the bride, that the matrimony was celebrated on such a day and year in such a place. But if either or both spouses were baptized elsewhere, the parish priest is to transmit notice of the matrimony entered to the parish priest (or parish priests) of baptism, so that the matrimony may be entered in the book of baptism.100
The obligation of inscribing the matrimony contracted both in the book of marriages and in the book of baptisms seems to be grave,101 because its end is grave, namely, that the matrimony contracted be established and that bigamy be avoided. - On July 4, 1921, the Sacred Congregation of the Sacraments ordered that this inscription contain: a) the names and surnames of the newly married spouses, parents, and witnesses; b) the age of the newly married spouses; c) the place and day of the nuptials. If baptism was conferred elsewhere, the parish priest of the matrimony must notify the parish priest of baptism of all these things (through the Chancery of the local Ordinary) by letters signed with his own name and surname and furnished with the parochial seal.102
If the matrimony was celebrated in danger of death,103 then the assisting priest must under grave obligation procure the inscription of the matrimony celebrated in the book of marriages and of baptisms; but if the celebration was made without a priest,104 the obligation of making the same inscriptions rests under grave obligation upon the witnesses or contracting parties, as was already said above.
A matrimony of conscience is not to be noted in the customary book of marriages and of baptisms, but in a special book to be kept in the secret archive of the episcopal Curia (can. 1107).
Epilogue. Since for resolving doubts it is very expedient to know the intention of the legislator, it is worthwhile to append a question concerning the principal intention of the legislator and the means employed. The intention of the legislator was to prevent the nullity of so many marriages which were customarily contracted without the assistance of the proper parish priest. All marriages of non-Catholics are contracted without the assistance of a Catholic parish priest, and therefore a great part of them was at least material concubinage. Moreover, so many mixed marriages are celebrated without the due assistance of the parish priest, which therefore likewise are concubinages. Finally, in the celebration of marriages of Catholics themselves, it was often very difficult to discern which parish priest ought to assist by reason of domicile or quasi-domicile, since spouses not rarely changed their place of residence in fraud of the law. All these inconveniences have been removed through the new laws. Non-Catholic marriages are held as valid; mixed marriages celebrated without the assistance of the parish priest are invalid. The proper parish priest of those about to marry is now very easily known, nor does attempted fraud stand in the way. Thus, therefore, there is the greatest security concerning the validity of marriages, and this seems to have been the principal intention of the legislator. - The means employed to attain this most excellent intention is the change of the Tridentine law, which was personal rather than territorial. On the contrary, according to the new law almost all ordinances are territorial. To the point, the consultor deputed by the Sacred Congregation of the Council to give his vote concerning the new Decree to be issued writes: "All things counsel that the power of parish priests with respect to the celebration of matrimony be made territorial. For especially since all civil Codes have adopted this principle as more opportune in celebrating acts of nuptials, as they say, civil, there is no sufficient reason why the Church should not follow it in matrimonial matter."105 From this tendency has arisen the most limpid principle: All those marriages are valid which have been contracted before the parish priest of the place freely assisting and two witnesses. The sole exception is found in the East Indies.106 In danger of death and in the month's absence of the parish priest or delegated priest, still greater liberty has been conceded. Hence matrimonial law through the new decrees has been made easier both as regards understanding and as regards practice.
97 Thus the Code of Canon Law, can. 1103.
98 Thus, for example, in the Archdiocese of Cologne; cf. Vogt, Das kirchl. Eherecht, § 26, 6.
99 If the matrimony was celebrated in a church of religious or elsewhere outside the parochial church, the inscription must nevertheless be made in the parochial church.
100 Decree Ne temere, IX, § 2; Code of Canon Law, can. 1103, § 2.
101 Thus theologians commonly teach, for example, Noldin-Schmitt, De sacr.17, n. 653; Barret, Decr. "Ne temere", n. 45; and several others.
103 Cf. above, n. 773.
104 Cf. above, n. 774.
106 Cf. above, n. 763.