A Topic of Moral Theology

Clandestine marriage and the form of marriage

What is clandestine; the form of Ne temere and the Code; who must assist; marriage before witnesses alone.

Within this topic

Also asked about as…

catholic married outside the church · civil marriage · courthouse wedding · eloping · married by a justice of the peace · marrying outside the church · secret marriage (ed.)

In the index as Clandestinity · Historical matters of Matrimony · Necessity of matrimonial consent · Civil marriage · Form of Celebrating Marriage · Form of the sacraments · Pastors: notion, function, rights and privileges · Proper parish priest · Clandestinity and marriage · Domicile · Marriage · Assistance of the parish priest · Benedictine · Celebration of matrimony · Conditional matrimony · Decree Tametsi · Delegation for Marriage · Excommunication · Heretics · Masonic sect · Non-Catholics, witnesses at matrimony · Parish priests · Vicars · Abortion

In the manuals

Summa of Moral Theology (Summa Theologiae Moralis)

Vol. III, Book Eight. On Matrimony., Question Eight. On the Form of the Celebration of Matrimony., n. 642 — 642. Principle. Only those marriages are valid which are contracted before the parish priest or the local ordinary or a priest delegated by either of them, and at least two witnesses, yet according to the rules expressed… Read in context →

A Manual of Moral Theology for English-Speaking Countries

Vol. II, Bk. IX, Ch. X, Article XV. Clandestinity, n. 1 — A clandestine marriage is one that is contracted without the solemnities which are prescribed by the Church, so that a civil marriage before the registrar, a marriage in private, and a marriage before a priest not duly a… Read in context →

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. II, Bk. III, Tr. VIII, Diss. II, Pt. II, Insofar as It Is a Sacrament, Particularly, Sect. II, Chapter I. On the Juridic Form, n. ¶1 — The juridic form is distinguished as twofold, ordinary and extraordinary. Hence we shall treat first of the ordinary juridic form, then of the extraordinary juridic form, and then of those who are subject to the aforesai… Read in context →

Vol. II, Bk. III, Tr. VIII, Diss. II, Appendix II. On the Separa…, Part II. On Semi-Full Divorce, n. 841 — II. Causes of temporary separation. 1. Causes of this kind are comprehended by canon 1131, § 1: If one spouse has given his name to a non-Catholic sect; if he has educated the offspring non-Catholically; if he leads a cr… Read in context →

Vol. II, Bk. IV, Tr. II, Diss. III, Pt. I, Section III. Excommunications Simply Reserved to the Roman Pontiff, n. 896 — This excommunication is contracted by: I. Those making gain from indulgences (canon 2327). By force of this canon, those are excommunicated who, after receiving a price, gain profit either by granting, publishing, or cau… Read in context →

Vol. II, Bk. IV, Tr. II, Diss. III, Pt. I, Section IV. Excommunications Reserved to Ordinaries, n. 897 — Moreover, the following contract an excommunication reserved to the Ordinary: I. Catholics: 1° who enter marriage before a non-Catholic minister against the prescription of canon 1063, § 1; 2° who are united in marriage … Read in context →

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Vol. IV, Appendix, Concerning Betrothals and Marriage, nn. ¶1, ¶2 & ¶3 (3 passages — hover a number to read it)

Vol. IV, Appendix, Concerning Betrothals and Marriage, Concerning Betrothals, n. ¶1 — " I. Only those betrothals are held valid and obtain canonical effects which have been contracted by a writing signed by the parties and either by the pastor or by the Ordinary of the place, or at least by two witnesses.… Read in context →

Vol. IV, Appendix, Concerning Betrothals and Marriage, Concerning Marriage, nn. ¶1–¶33 (33 passages)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Vol. II, Treatise on Matrimony, Ch. VI, Art. II, § II, Point XI. On the Impediment of Clandestinity, nn. 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852 & 853 (67 passages — hover a number to read it)

Synopsis of Moral and Pastoral Theology

Vol. I, Matrimony, and Holy Orders, On Marriage (Volume I), Chapter III: On the Impediments of Matrimony, nn. 1017–1034 (18 passages)

Theologia Moralis: Principles — Responses — Counsels

Vol. III, Bk. II, Tr. VIII, Chapter II: On the Form of Celebration of Matrimony, nn. 794, 795, 796, 797, 798, 799, 800, 801 & 802 (9 passages — hover a number to read it)

Pastoral Questions

Ch. VII, Article I: The Law Before the Code, nn. 211, 212, 213, 214, ¶6569, ¶6570, ¶6571, ¶6572, ¶6573 & 215 (10 passages — hover a number to read it)

Summa Theologiae Moralis

Vol. III, Special Moral Theology: On…, Treatise: On Matrimony, Second Part: On the Celebr…, Question Three: On the Form or Rite of the Celebration of Matrimony, n. 844 (7 passages — hover a number to read it)

Compendium of Moral Theology

Vol. II, Tr. XVIII, Chapter VII. On the Celebration of Marriage, nn. 903, 903, Q. 1, 903, Q. 2, 903, Q. 3 & 903, Q. 4 (5 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Diss. I, Chapter VII — On clandestine matrimony, on the banns, and on the other things which ought to precede matrimony, n. XII — XII. QUESTION V. Whether for the validity of matrimony two witnesses be required? ANSWER. All affirm it, and that matrimony contracted before the parish priest and one witness is null: because Trent besides the parish pr… Read in context →

Cases of Conscience for English-Speaking Countries, Volume II

Slater, Cases II, Matrimony, Case 24. Marriage Before the Registrar, nn. ¶1–¶15 (15 passages)

Slater, Cases II, Matrimony, Case 25. A Notable Case, nn. ¶1–¶14 (14 passages)

Slater, Cases II, Matrimony, Case 26. General Leave of Parish Priest, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7 & ¶8 (8 passages — hover a number to read it)

Slater, Cases II, Matrimony, Case 28. Subjects of the Law of Clandestinity, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6 & ¶7 (7 passages — hover a number to read it)

Slater, Cases II, Matrimony, Case 29. The Month’s Stay of *Lest [it be Done] Rashly*, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9, ¶10, ¶11, ¶12 & ¶13 (13 passages — hover a number to read it)

Moral Theology: A Complete Course (McHugh & Callan)

Vol. II, Pt. II, Q. IV, Art. 4. Holy Orders; Matri…, The Celebration of Marriage, nn. 2826, 2827, 2828 & 2829 (4 passages — hover a number to read it)

Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)

144. The Nature of Marriage, n. 7 (2 passages — hover a number to read it)

154. Clandestinity, n. 3 (3 passages — hover a number to read it)

171. A Parish Priest Illegitimately Assisting at Marriage, n. 1 (2 passages — hover a number to read it)

Manuale Theologiae Moralis

Vol. III, Pt. II, Tr. X, Ch. VIII, Article I. Who Are Bound to the Prescribed Form, nn. ¶105, 754 & 756 (3 passages — hover a number to read it)

Vol. III, Pt. II, Tr. X, Ch. VIII, Art. II, § 1. The Valid and Licit Ordinary Celebration of Matrimony, nn. 756 & 757–772 (17 passages — hover a number to read it)

Vol. III, Pt. II, Tr. X, Ch. VIII, Art. II, § 2. The Valid and Licit Extraordinary Celebration of Matrimony, nn. 773 & 774 (2 passages — hover a number to read it)

Treated under the broader heading Clandestinity — Palmieri, On Christian Marriage · Decretum of Gratian · Decretals of Gregory IX — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)