Case 23. A Governess's Marriage

Titius, a Catholic, lived near Liverpool, but frequently went to Dublin for business, where he formed a familiarity with Caia, a Catholic teacher in a private family (commonly called a governess). During the day Caia devoted herself to her duty in the parish of St. Andrew, where the family she served resided, but in the evening returned to her father’s home in the parish of St. Agatha. After they entered betrothal, the marriage was celebrated in the Church of St. Andrew; afterwards Titius returned with his wife to his English home. Having heard these things, a certain missionary priest in England doubted whether Titius was joined in a valid marriage. Hence it is asked:

1. Was the decree Although promulgated in Ireland, and whom does it bind there?

2. What is established by the decree Although?

3. What was enacted by the decree Ne temere of the Sacred Congregation of the Council, Aug. 2, 1907?

4. What is to be said of the case?

1. Was the Tridentine decree Tametsi published in Ireland, and whom did it bind?

The decree Tametsi was extended to the whole of Ireland 2 Dec., 1827, and bound all Catholics. Mixed marriages and marriages between Protestants did not come under it.

2. What is laid down by the decree Tametsi?

In order to prevent clandestine marriages the decree Tametsi prescribed the publication of banns, and the celebration of marriage in presence of the proper parish priest of one of the parties or his delegate and two witnesses. Marriages not contracted before the parish priest and two witnesses were declared null and void. This decree did not bind in parishes where it had never been published.

3. What did the decree Ne temere prescribe?

By this decree clandestine marriages, or marriages not contracted in presence of the parish priest or the ordinary of the place or a priest delegated by either of these and two witnesses, were made null and void. This decree came into force 19th April, 1908, and binds all Catholics throughout the Western Church. In the German Empire mixed marriages are exempt from this decree if the parties were born and marry therein.¹

1 Manual of Moral Theology, vol. ii, 332.

4. The case. Both Titius and Caia were Catholics and so in Dublin their marriage was subject to the decree Tametsi if it was contracted before 19th April, 1908. Caia had neither domicile nor quasi-domicile in the parish of St. Andrew, where the marriage took place. She merely was occupied there during the day. The parish priest of St. Andrew’s was not the proper parish priest of either of the parties and the marriage was null and void.

If the marriage was contracted after 19th April, 1908, it would be valid, as it was contracted before the parish priest of the place, but it was unlawful, because he was not the parish priest of the bride, nor had he his leave. He has therefore no right to the marriage fees, and he must remit them to the parish priest of the bride according to the decree Ne temere.