Case 1. Informal Betrothal

Titius, a missionary priest, wishes to know whether, by virtue of the decree Ne temere of the Sacred Congregation of the Council, Aug. 2, 1907, a mutual, serious, and deliberate promise of marriage between capable persons, but not made in writing, is of no effect, or whether, notwithstanding the decree, it has the force of a private contract binding gravely in conscience. Furthermore, he asks whether under the name of parish priest in the cited decree are comprehended not only the principal priests in a mission but also their assistants, if there are any. Hence it is asked:

1. What is the purpose of the decree Ne temere?

2. What does that decree establish concerning betrothals?

3. What power do assistant missionaries in England have?

4. What is to be said of Titius’s difficulties?

1. What is the scope of the decree Ne temere?

The scope of this decree was to alter the law about clandestinity so as to remove its uncertainties as far as possible, and to prevent the evils which frequently arise from private and informal betrothals. (Proœmio decreti Ne temere.)

2. What does the decree lay down about betrothal?

“ Only those betrothals are considered valid and produce canonical effects which have been contracted in writing signed by both the parties and by either the parish priest or the ordinary of the place or at least by two witnesses. In case one or both the parties be unable to write, this fact is to be noted in the document and another witness is to be added who will sign the writing as above, with the parish priest or the ordinary of the place or the two witnesses ” (Sect. 1).

3. What authority have coadjutor missioners in England?

They are delegated by the bishop to exercise the cure of souls, but according to the Provincial Councils and the declared intention of the bishops, they must exercise it in dependence on the head priest. 1

4. What about the difficulties of Titius?

One of the objects of the new law was to prevent the inconveniences arising from mutual promises of marriage privately entered upon. For as the decree says: “ Experience shows that they are an incitement to sin, causing the deception of inexperienced girls, and afterward giving rise to inextricable dissensions and disputes.” The first section of Ne temere, therefore, provides that “only those,” etc., as above. This section would be valueless for the object in view unless it invalidated betrothals made otherwise than is laid down. So that we must conclude that betrothal not made according to the decree has no binding force directly and of itself. The

S. C. super neg. eccles. extraord., 5 Nov. 1902, decided that informal betrothals were invalid in conscience and in law in Spain and in Latin America, where a similar law 1 Manual of Moral Theology, vol. i, 630.

to Ne temere has long been in force. This doctrine is maintained by most commentators, e.g., by Gennari, Ojetti, Vermeersch, Ferreres, Besson.

The term parish priest comprises the coadjutors as well as the head priest, but the former are bidden to exercise their authority in dependence on the head priest; with dependence upon the Rector.