Chapter VIII. On the Form of the Celebration of Matrimony

Preliminary note. After a brief historical survey has been presented, we divide this chapter into three articles: 1. on the subject of this law, or who are bound to it; 2. on the object of the new law, or what things are required for the valid and licit celebration of matrimony; 3. what things are to be done after the matrimony has been celebrated.

753. Historical survey. Matrimony, whether it is considered as a contract or as a sacrament, essentially consists in the consent of the contracting parties alone, sufficiently manifested. But among almost all peoples of all times, this manifestation of nuptial consent is adorned with certain solemnities.¹ Until the Council of Trent the Catholic Church considered all these solemnities as accidental, and therefore held marriages entered even without them to be ratified and valid. Nevertheless, because of the great dangers which are connected with marriages entered in a private manner, "holy Mother Church for most just causes has always detested and prohibited them [clandestine marriages]."² Hence St. Ignatius³ already admonishes: "It is fitting that bridegrooms and brides make their marriage with the judgment of the bishop." Tertullian⁴ testifies: "Among us even occult unions, that is, those not previously professed before the Church, risk being judged akin to adultery and fornication." Until the Council of Trent there was no constant and uniform manner of manifesting matrimonial consent and celebrating matrimony in the diverse parts of the Church.⁵ But the Council of Trent, in its most celebrated Decree Tametsi,⁶ established that thenceforth all marriages would be invalid unless they had been contracted before the proper parish priest and at least two witnesses. This Decree had to exercise its force on the thirtieth day elapsed after its promulgation in each parish.

The Church most certainly could in this manner invalidate all clandestine marriages; for the matrimonial contract has been elevated to the dignity of a sacrament, as was proved above. Moreover, although the Church cannot change the form and matter of the sacraments, nevertheless she can determine under what conditions the matrimonial contract is to be held as legitimate and is to be apt matter of the sacrament. Just as the Church also cannot change the matter and form of the sacrament of penance, nevertheless she can prescribe the manner under which a confessor can validly administer this sacrament. Hence the Decree Tametsi was most just and most wise. But for diverse causes this Decree was not published in several parishes, and therefore clandestine marriages remained valid there. "But not even where the new law was in force was every difficulty removed. For often a grave doubt existed in determining the person of the parish priest in whose presence the matrimony was to be contracted. Canonical discipline indeed established that the proper parish priest ought to be understood as the one in whose parish either contracting party has a domicile or quasi-domicile; but because it is sometimes difficult to judge whether the quasi-domicile is certainly established, not a few marriages were exposed to the danger of being null; and many also, either through the ignorance of men or through fraud, were discovered to be entirely illegitimate and invalid.... Moved by these circumstances, ... Pius X, according to that solicitude for all the churches which he bears, desiring to employ some moderation for removing the aforementioned harms and dangers, committed the matter to the Sacred Congregation of the Council, that it should examine it and propose to him those things which it judged opportune." Hence the Decree Ne temere was issued, which from April 19, 1908, bound throughout the whole Christian world unless a prorogation or dispensation had been granted for some region. A prorogation was granted for the Chinese Empire, in which the Decree did not bind until April 11, 1909. But now all prorogations and exemptions, and indeed the Decree Ne temere itself, have ceased, and the law established in the Code of Canon Law has been in force since May 19, 1918.

Note. If at any time a doubt occurs concerning the validity of some matrimony entered before April 19, 1908, the ancient Tridentine law or particular law perhaps legitimately in force somewhere is to be applied.

¹ Cf. Westermark, History of Human Marriage, c. 19.

² Council of Trent, sess. 24, c. 1, de reform. matrim.

³ Ep. ad Polyc., c. 5 (Migne, Patr. graec. 5, 867).

⁴ De pudicit., c. 4 (Migne, Patr. lat. 2, 987).

⁵ Cf. the Sacramentaries of St. Leo, Gelasius, and St. Gregory.

⁶ Loc. cit.