Case 29. The Month’s Stay of *Lest [it be Done] Rashly*

Paul, an Anglican, sought Agnes, a Catholic, in marriage and was accepted by her. When, however, the Bishop was unwilling to grant a dispensation for entering a mixed marriage, Agnes hastened to Titius, the parish priest, to seek advice in her straits. Titius advised that both, or at least one, rent a dwelling for a month in another diocese whose Bishop was more ready to dispense from that impediment. Paul therefore rented a dwelling in the parish of Caius, a priest of another diocese, in which he spent fifteen nights; he then sought a dispensation so that, after the banns had been proclaimed, the marriage might be celebrated there. Caius, however, doubted whether or not this could lawfully be done. Hence it is asked:

1. How does someone become a subject of a Bishop so that matrimonial causes may be treated by that Bishop?

2. Where must the banns be proclaimed?

3. What kind of monthly stay is required so that marriage may lawfully be celebrated before the parish priest of the place?

4. What is to be said of the case?

1. How does any one become subject to a bishop so that his marriage cases are to be tried by him?

For validity it is only necessary that marriage should be contracted within the jurisdiction of the bishop and in his presence or in that of his delegate and two witnesses. That marriage may be lawfully contracted one of the parties must have a domicile in the diocese or must have lived there for a month.

2. Where must banns be published?

In the parish church or churches of the parties, and in case of those who have recently come from another parish, in that parish as well.¹

1 Manual of Moral Theology, vol. ii, 265.

If marriage is contracted in a place where one of the parties has dwelt for a month, according to the decree Ne temere the banns should be published there, according to the more probable opinion.

3. What sort of month’s stay in a place is required by the decree Ne temere?

A full month of thirty days or a calendar month, so that one at least of the parties lives in the place and has lived there uninterruptedly for that period. Absence for a few hours, or during the day time, would not interfere with the month’s stay.²

2 Vermeersch, Ne temere, n. 58.

4. The case. The doubt of Caius was well founded. Paul is not a Catholic, and the Church does not give dispensations to non-Catholics directly. Besides, Paul has only lived in Caius’ parish for fifteen days, and thirty days are required before a bishop can treat a person as his subject for the purposes of marriage. Agnes would be acting within her rights if she went to another diocese, lived there for thirty days, and then asked for a dispensation. Titius, therefore, might lawfully have suggested this course to her.