Section II. On the Ministration of the Sacrament of Matrimony and the Form of its Celebration

732.

I. Ministration of the sacrament. Concerning this, it suffices to have noted: the ministers of the sacrament are the contracting parties themselves. This is established from the Council of Florence, which says thus: "The efficient cause of matrimony regularly is mutual consent expressed by words concerning the present."¹ The reason is that contract and sacrament are identified. Hence those who effect the contract also effect the sacrament (St. Thomas, Supplement, q. 45, a. 1; St. Alphonsus VI, 897).

¹ Session 24, Decree on the reform of Matrimony, chapter 1.

733.

II. Form of the celebration of the sacrament. The priest, although he is not the minister of the sacrament, is nevertheless called the minister of the celebration, insofar as he assists the marriage to be contracted as a qualified witness and performs other things necessary for validity.

The Holy Tridentine Synod had established the solemn form necessary for validity in the chapter Tametsi in these words: "Those who shall attempt to contract marriage otherwise than in the presence of the pastor, or another priest with the permission of that pastor or of the Ordinary, and of two or three witnesses, the Holy Synod renders entirely incapable of contracting in this way, and decrees that contracts of this kind are invalid and null."¹ This legislation remained until April 19, 1908,² on which day the decree Ne temere, "On Betrothals and Matrimony," began to be in force, issued by the Sacred Congregation of the Council on August 2, 1907, by special mandate of Pius X. Then from May 19, 1918, the new Code of Canon Law has force, which left the Pian law untouched in most things, but changed it in certain things. But it is clear that marriages and betrothals contracted under the earlier legislation must be judged according to that legislation. Now, about to set forth the manner of celebrating marriage, we shall speak first of the juridic form, then of the liturgical form of celebrating marriage, with a scholion added on the form to be observed in celebrating marriage by a Catholic party with a non-Catholic party; then of the time and place of the celebration of marriage; and finally of the things to be observed after the celebration of marriage, that is, of the registration of the marriage celebrated.

¹ Session 24, Decree on the reform of Matrimony, chapter 1.

² For Chinese regions, until April 11, 1909 (Sacred Congregation of the Council, February 29, 1908).

Within this section

Chapter I. On the Juridic Formnn. 734–742
- Article I. On the Ordinary Juridic Formnn. 734–737
  - § I. Summary Expositionn. 734
  - § II. Fuller Expositionnn. 735–737
    Point I. On the Requisites for a Pastor or Local Ordinary to Assist Validly at Marriagen. 735
    Point II. On the Requisites for a Pastor or Local Ordinary to Assist Licitly at Marriagen. 736
    Point III. On the Delegation of Another Priest to Assist at Marriagen. 737
- Article II. On the Extraordinary Juridic Formnn. 738–740
- Article III. On Those who Are Subject to the Juridic Formsnn. 741–742
Chapter II. On the Liturgical Formnn. 743–746
- Article I. On the Rite of Celebrationn. 743
- Article II. On the Rite of Blessing, or on the Solemn Blessing of Nuptialsnn. 744–746
  - Scholion. On the Form to Be Observed in Marriage Between a Catholic Party and a Non-Catholic Partynn. 745–746
Chapter III. On the Time and Place of the Celebration of Marriagenn. 747–748
Chapter IV. On the Things to Be Observed After the Celebration of Marriage, or on the Registration of a Celebrated Marriagenn. 749–752
- Scholion. On Marriage of Consciencen. 752