§ 3. On The Celebration Of Betrothals

713. Before the Decree Ne temere, betrothals could be sufficiently celebrated and manifested by any clear words and signs; but now, for all validly baptized persons of the Latin rite, even non-Catholics, several things are required for validity by positive law, namely:

1. They must altogether be made in writing, with the day, month, and year set down.⁴⁴⁵ The place (city, town) in which the betrothals are entered into is also fittingly designated, in order to avoid any doubts.⁴⁴⁶ It is indeed free to employ any language and form, provided that the mutual promise of future matrimony is clearly expressed; but it is preferable that forms approved in each diocese or parish be employed.

2. These forms (whether written or printed) ought to be signed by hand (and not by some machine), either a) by the two contracting parties and the pastor or Ordinary, or b) by the two contracting parties and two witnesses. If either or both of the contracting parties cannot write (whether from lack of skill or from bodily infirmity), for validity this is to be expressly noted in the document, and then in place of the contracting party (or parties) another new witness ought to sign. Therefore, in the case, the signatures either of three witnesses or of the pastor and one witness are required. - Concerning the quality of the witnesses nothing determinate has been established.⁴⁴⁷ Hence any human being capable of reason, worthy of faith, endowed with the senses of sight and hearing, and able to write can be a witness. Nevertheless, it is expedient that non-Catholics and notorious sinners be excluded insofar as this is morally possible.

3. The betrothal contract ought to be signed by the contracting parties and the witnesses gathered together at the same time.⁴⁴⁸ Therefore it does not suffice that the contract signed by one party before the witnesses be transmitted to the other party, so that the latter may also sign it before witnesses. The reason is that otherwise frauds and deceptions could easily occur, especially if the other party does not know how to write and read.⁴⁴⁹ - More probably, betrothals contracted through a proxy are invalid, because it is necessary that the contracting parties themselves sign while gathered together; the contrary, however, is taught by some, for example, Noldin⁴⁵⁰ and Vlaming.⁴⁵¹

⁴⁴⁵ Sacred Congregation of the Council, July 27, 1908. The Code of Canon Law seems to have changed nothing in this matter.

⁴⁴⁶ The special law in force before the Decree Ne temere in Spain and Latin America, by force of which a writing signed by a notary was required for the validity of betrothals, was abrogated (Sacred Congregation of the Sacraments, March 12, 1910, ad 7, in Acta Ap. Sed. II, 195).

⁴⁴⁷ Sacred Congregation of the Sacraments, March 12, 1910, ad 4.

⁴⁴⁸ Sacred Congregation of the Council, July 27, 1908, ad 1.

⁴⁴⁹ Cf. Analecta eccl. XVI (1908), 333.

⁴⁵⁰ De sacr., n. 536.

⁴⁵¹ Prael. iur. matr.³ I, 100.

714. 4. Under the name of pastor are understood not only pastors properly so called, but also quasi-pastors (in mission places) and those parochial vicars who are endowed with full parochial power,⁴⁵² such as administrator, actual, and substitute vicars, but not assistant vicars. In order that betrothals may be validly and licitly celebrated before the pastor or Ordinary, it is not required (as for the celebration of matrimony) that the contracting parties have already dwelt in the parish for a month or at least have acquired a quasi-domicile, but the pastor or Ordinary can licitly assist⁴⁵³ in his own territory at the betrothals of all who come to him, and this with the same liberty with which he can hear the confessions of any betrothed persons coming to him. On the contrary, a pastor cannot as pastor, but only as a witness, assist at the betrothals of his own parishioners outside his own territory; this seems to follow from the same response of the Sacred Congregation of the Council. Moreover, all things suggest that the tendency is for the laws concerning the assistance of the pastor both at betrothals and at matrimony to be territorial.⁴⁵⁴ - But those pastors who do not have a separate territory, as is commonly the case with military chaplains, chaplains of hospitals and prisons, and so forth, validly and licitly assist everywhere at the betrothals of their subjects, just as other pastors do in their own territory.⁴⁵⁵

The pastor or Ordinary cannot delegate another to assist at the celebration of betrothals.⁴⁵⁶ Moreover, this faculty of delegation is not necessary, since betrothals can equally well be celebrated before two other witnesses. Hence, if the pastor is absent, his assistant vicar cannot validly assist at betrothals to be entered into unless he assumes another witness, who signs together with him and the two contracting parties. Under the name of the local Ordinary comes not only the bishop of the place, but also his vicar general, and, when the see is vacant, the vicar capitular. Prelates nullius are considered Ordinaries in their exempt territory.

Note. Nowhere in the law is it prescribed that betrothals ought absolutely to precede matrimony; if, therefore, those about to marry have entered into only private betrothals, which according to the discipline now in force are altogether invalid, nevertheless the pastor can make the proclamations and assist at the matrimony. In practice, however, it seems advisable that those about to marry who approach the pastor for the making of the proclamations first contract betrothals before him.

⁴⁵² Code of Canon Law, c. 451, § 2.

⁴⁵³ Sacred Congregation of the Council, March 28, 1908, ad 7.

⁴⁵⁴ Cf. below, n. 752.

⁴⁵⁵ Sacred Congregation of the Council, February 1, 1908, ad 8.

⁴⁵⁶ Sacred Congregation of the Council, March 28, 1908, ad 6.