A Topic of Moral Theology

Clandestinity

The form of marriage: the requirement of contracting before pastor and witnesses, and marriages null for want of form.

Within this topic

In the index as Clandestinity · Clandestine marriage · Clandestinity and marriage · Heretics · Solemnity · Banns · Domicile · Marriage · Matrimony · Parish priests · Pastor · Rites · Vow · A heretic validly baptized · Adultery · Betrothals · Bishop · Bishops · Civil authority · Clandestine matrimony · Clerics and vowed persons, marriage of · Converts · Disparity of Cult · Dispensation

In the manuals

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, Pt. II, Insofar as It Is a Sacrament, Particularly, Sect. II, Ch. I, Art. I, § I. Summary Exposition, n. 734 — The ordinary juridic form, required for the validity of marriage, is that it be contracted before the pastor or local Ordinary or a priest delegated by either of them, and at least two witnesses (canon 1094). But the pre… Read in context →

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Vol. IV, On Marriage, III. On the Impediments of Marriage, nn. 991, 1026, 1027, 1028 & 1029 (5 passages — hover a number to read it)

Vol. IV, On Marriage, IV. On Dispensation from Impediments and Revalidation of Marriage, n. 1049 — What about revalidation because of defect of form? It is certain that a marriage invalid by reason of clandestinity must be entered before the pastor and witnesses, formerly according to the law of Trent, now according t… Read in context →

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)

154. Clandestinity, nn. 1, 2, 3, 4, 5 & 6 (18 passages — hover a number to read it)

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, n. 836 (3 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)

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)

Treatise on Christian Marriage

Palmieri, On Christian Marriage, Appendix: Conspectus of th…, From the Council of Laodic…, 343-381, n. ¶897 — The Fathers signify that secret nuptials are not approved by them. A light penance is prescribed because of second nuptials, even legitimate but manifest; if they had been less legitimate or even secret, a graver penance… Read in context →

Palmieri, On Christian Marriage, Appendix: Conspectus of th…, From the Canons of St. Bas…, A.D. 374-75, n. ¶922 — Canon XVIII. Concerning fallen virgins, who have professed to the Lord a chaste life, and afterwards, overcome by the lusts of the flesh, make their covenants void, our fathers, since they accommodated themselves simply … Read in context →

Palmieri, On Christian Marriage, Appendix: Conspectus of th…, From the Council of London…, A.D. 1200, n. ¶1676 — You see that the presence alone of the priest is required; nothing is said of his special action; but clandestine marriages indeed are prohibited, yet they are not invalidated.Read in context →

Palmieri, On Christian Marriage, Appendix: Conspectus of th…, From the Constitutions of …, Bishop of Paris, A.D. 1208, n. ¶1677 — Decree XIII. Let priests frequently denounce in the churches that those who contract clandestine marriages, and those who assist in making them, are excommunicated.Read in context →

Palmieri, On Christian Marriage, Appendix: Conspectus of th…, From the Fourth Lateran Co…, A.D. 1215, nn. ¶1685 & ¶1687 (2 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, nn. I–XX (20 passages)

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)

The Decretum of Gratian (Concordia discordantium canonum)

Pt. II, Causa XXX, Question V, cc. , 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11 (12 passages — hover a number to read it)

The Decretals of Gregory IX (Liber Extra)

Bk. IV, Title III: On Clandestine Betrothal, cc. 1, 2 & 3 (3 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)

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 →

Vol. III, Book Eight. On Matrimony., Question Eight. On the For…, Article One. On the Competent Parish Priest., nn. 643, 644, 645, 646, 647 & 648 (6 passages — hover a number to read it)

Vol. III, Book Eight. On Matrimony., Question Eight. On the For…, Article Two. On the Delegated Priest., n. 649 — 649. Conditions Required for Delegation. If the competent parish priest does not assist at the matrimony, he can delegate another priest who may assist at the matrimony in his place. The conditions must be set forth whic… Read in context →

Vol. III, Book Eight. On Matrimony., Question Eight. On the For…, Article Four. On Those Who Are Held by This Form., n. 651 — 651. 1. The following are held: a. Catholics about to marry, whenever they enter matrimony with each other. By Catholics are understood all baptized in the Catholic Church and those converted to it from heresy or schism,… Read in context →

Vol. III, Book Eight. On Matrimony., Question Eight. On the For…, Article Five. When the Obligation to the Form Ceases., n. 652 — 652. In a twofold case, in which the competent priest who assists at matrimony either cannot be had or cannot be approached without grave inconvenience, the obligation of observing the prescribed form ceases. 1. In dange… Read in context →

Vol. III, Book Eight. On Matrimony., Question Eight. On the For…, Article Four. On the Assisting Parish Priest., n. 656 — 656. Declaration. On the part of the parish priest it is required that he furnish assistance. A distinction is made between active assistance, by which the parish priest performs the sacred rite in the church, and passiv… Read in context →

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)

Ch. VII, Article III: The Form Permitted by the Code in Extraordinary Cases, nn. 222, ¶6657, ¶6658, ¶6659, 223, ¶6661, ¶6662, ¶6663, ¶6664, ¶6665, ¶6666, ¶6667, ¶6668, ¶6669, ¶6670, ¶6671, ¶6672, 224, ¶6674, ¶6675, ¶6676, ¶6677, ¶6678, ¶6679, ¶6680, ¶6681, 225, ¶6683, ¶6684, ¶6685, ¶6686, ¶6687 & 226 (33 passages — hover a number to read it)

Ch. VII, Article IV: Who Are Bound to Observe the Form of the Code, nn. 227, ¶6690, ¶6691, 228, ¶6693, ¶6694, ¶6695, ¶6696, ¶6697, ¶6698, ¶6699, ¶6700, ¶6701, ¶6702, ¶6703, ¶6704, ¶6705, 229, ¶6707, ¶6708, ¶6709, ¶6710, ¶6711, ¶6712, ¶6713 & 230 (26 passages — hover a number to read it)

Compendium of Moral Theology

Vol. II, Tr. XVIII, Ch. II, Article V. On Certain Other Things to be Premised to the Celebration of Wedlock, n. 852, Q. 8 — Question 8. When does the pastor licitly assist at the marriage of wanderers, namely of those who nowhere have a domicile or quasi-domicile? Resp. Except in a case of necessity, he never assists licitly, unless, after th… Read in context →

Vol. II, Tr. XVIII, Ch. III, Article I. On the Nature of Marriage, n. 855, Q. 8 — Question 8. Is it licit for a pastor to assist at a marriage to be contracted through a procurator or interpreter without the permission of the Ordinary? Resp. The pastor is not to assist at a marriage to be contracted t… Read in context →

Vol. II, Tr. XVIII, Chapter VII. On the Celebration of Marriage, nn. 900, 901, 902, 902, Q. 2, 903, 903, Q. 1, 903, Q. 2, 903, Q. 3, 903, Q. 4, 904, 905, 906, 906, Q. 2, 906, Q. 3, 906, Q. 4, 906, Q. 5, 906, Q. 6, 906, Q. 7, 906, Q. 8, 906, Q. 9, 906, Q. 10, 906, Q. 11, 907, 908, 909, 909, Q. 2, 909, Q. 3, 909, Q. 4, 909, Q. 5, 909, Q. 6, 909, Q. 7, 909, Q. 8, 909, Q. 9, 909, Q. 10, 909, Q. 11, 909, 910, 911, 911, Q. 2, 911, Q. 3, 911, Q. 4, 911, Q. 5, 911, Q. 6, 911, Q. 7, 911, Q. 8, 911, Q. 9, 911, Q. 10, 911, Q. 11, 911, Q. 12, 911, Q. 13, 911, Q. 14, 911, Q. 15, 911, Q. 16, 911, Q. 17, 911, 912, 913, 913, Q. 2, 913, Q. 3, 913, Q. 4, 913, Q. 5, 913, Q. 6, 913, Q. 7, 913, Q. 8, 913, Q. 9, 913, Q. 10, 914, 915, 915, Q. 2, 915, Q. 3, 915, Q. 4, 915, Q. 5, 915, Q. 6, 915, Q. 7, 915, Q. 8, 915, Q. 9, 915, Q. 10, 916, 917, 917, Q. 2, 917, Q. 3, 917, Q. 4, 917, Q. 5, 917, Q. 6, 917, Q. 7, 917, Q. 8, 917, Q. 9, 917, Q. 10, 917, 918 & 918, Q. 2 (91 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)

Treated under the broader heading Impediments of Marriage — Koch–Preuss · Marc, Institutiones Morales · Konings, Theologia Moralis · The Casuist · The Roman Catechism · 1917 Code of Canon Law — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)