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Inscribing the Matrimony
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Noldin, Summa of Moral Theology
Vol. III, Book Eight. On Matrimony., Question Eight. On the For…, Article Seven. On Inscribing the Matrimony.
660. Declaration. The things which are prescribed concerning this matter by the Council of Trent1 and by the Roman Ritual2 are more accurately determined by the decree Ne temere and by the Code3 (a few things having been abrogated).
- The parish priest or the one holding his place is bound to describe the celebrated matrimony as soon as possible in the book of marriages, even if the ordinary or a delegated priest stood by at the matrimony.
By recent law it is no longer the proper parish priest of the spouses who is bound to describe the celebrated matrimony in the book of marriages, but the parish priest of the place where the matrimony is celebrated, or the one holding his place. Therefore if the proper parish priest of the spouses assists at the matrimony in another parish, the parish priest of this place, and if a priest assists at the matrimony in the church of some sanctuary or in the church of regulars, the parish priest of the place in which the sanctuary or monastery is situated, must inscribe the matrimony. But the assisting priest is bound to inform the parish priest concerning the celebrated matrimony. If the parish priest is absent, the assisting priest should leave the necessary information for the parish priest in writing.4
- Moreover, he must also note in the book of baptisms that on such a day the spouses contracted matrimony in his parish, and this both at the name of the bridegroom and at the name of the bride. But if one spouse was baptized elsewhere, the parish priest of the matrimony should transmit notice of the entered matrimony, either personally or through the episcopal curia, to the parish priest of baptism, so that the matrimony may be entered in the book of baptism.5
The new matter which is prescribed by these things is grave, because its end is grave, namely that the contracted matrimony be established, and that no matrimony can be hidden or denied.
- If matrimony is contracted without the parish priest, the priest, and if matrimony is contracted without the assistance of a priest, the witnesses in solidum with the contracting parties, are bound to take care that the entered union be noted as soon as possible in the prescribed books.6 Therefore the contracting parties in the first case, together with the priest, and in the other, together with the witnesses, are bound to take care that the inscription be made as soon as possible.
2 Tit. 10, c. 5.
3 Cn. 1103, 1.
4 From the prescription of C. A. 80 ff. it can happen that the celebrated matrimony must also be described by the proper parish priest of those about to marry.
5 Cn. 1102, 2.
6 Cn. 1103, 3.
Merkelbach, 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
854. Observations concerning the inscription of celebrated matrimony. - Let the following ordinances be noted:
1° "When matrimony has been celebrated, the pastor or the one who holds his place shall as soon as possible write in the book of marriages the names of the spouses and witnesses, the place and day of the matrimony celebrated, and other things according to the manner prescribed in the ritual books and by his proper Ordinary; and this even if another priest, delegated either by him or by the Ordinary, assisted at the matrimony" (can. 1103, § 1).
2° "Moreover... the pastor shall also note in the book of the baptized that the spouse contracted matrimony on such a day in his parish. But if the spouse was baptized elsewhere, the pastor of the matrimony shall transmit notice of the contract entered to the pastor of Baptism, either by himself or through the episcopal curia, so that the matrimony may be entered into the book of the baptized" (can. 1103, § 2).
This latter pastor should transcribe the notices received in his book of the baptized, and send written notice of the transcription having been carried out to the pastor who assisted at the matrimony. But he should not acquiesce until he has received this notice; and once received, he should attach it to the bundle of documents of the celebrated matrimony.
3° "As often as matrimony is contracted according to the norm of can. 1098 (i.e., under the extraordinary form), the priest, if he assisted at it, otherwise the witnesses, are held in solidum with the contracting parties to take care that the union entered be noted in the prescribed books as soon as possible" (can. 1103, § 3).