Registration of Marriage; Marriage of Conscience

Registration must be made in both the book of marriages and the book of the baptized.

I. Registration in the book of marriages (canon 1103, § 1). The cited canon indicates who must register, when, and what must be registered.

1. The pastor or the one holding his place must register, and indeed the pastor of the place or parish in which the marriage was contracted. Therefore the obligation does not lie upon the Ordinary who assisted at the marriage, nor upon the proper pastor who took part in the nuptials of his subject in another's parish, nor upon another who was delegated to assist. But from the fact that the words "with his own hand"¹ are no longer found in the law, it seems to have to be deduced that these are to be held as a directive rather than a preceptive rule. Nevertheless, the rule is most strongly commended.²

2. Registration must be made as soon as possible,³ that is, as that expression is usually understood, at least within three days. Yet it is preferable that it be made on the same day, indeed immediately after the celebration of marriage or the Mass which followed.

3. There must be registered the names and surnames of the spouses and witnesses, the place, parish, year, month, and day of the marriage, the name of the pastor or other one who assisted, and other things according to the formula assigned by the Roman Ritual⁴ or by the proper Ordinary. It is also useful afterwards to note the convalidation or dissolution of the marriage, if perhaps they have had place. Finally, it is expedient to write the year and day not by arithmetical signs, but in complete words, as several civil codes establish. The registration must be made in the book of marriages, not on entirely separate sheets.

4. Finally, as regards the gravity of the obligation, the obligation of registering marriages, and indeed in the book, is grave, so that only physical or moral impossibility excuses from it; as if the pastor in a particular case cannot know the true name of the married person.⁵ Hence a pastor also would sin gravely who exposed himself to grave danger of omitting the registration. The obligation of completing it as soon as possible is of itself light, so that, with the danger of omitting it excluded, even a longer delay would not seem to involve grave fault.

¹ Title VII, chapter 2, n. 7 has these words: "When the marriage has been celebrated, the pastor or the one who holds his place should record in the book of marriages the names of the spouses and of the witnesses, and other things according to the prescribed formula; and this even if another priest, delegated either by himself or by the Ordinary, celebrated the Marriage."

² Sacred Congregation of the Sacraments, March 12, 1910, ad IX, responded to the Bishop of Mangalore, who was asking the faculty of permitting a marriage to be recorded by the delegate: "For the favor, to the prudence and conscience of the Bishop"; these words certainly signify the importance of the directive rule.

³ This word was substituted for the word statim, which occurred in the decree Ne temere.

⁴ Title XII, chapter 4.

⁵ Sacred Congregation of the Sacraments to the Bishop of Roseau, March 12, 1910, ad 9.

II. Registration in the book of the baptized (canon 1103, § 2). The end of this law is that marriages perhaps previously contracted by those about to marry, and the impediment of bond and affinity following from them, may more easily be detected. For with marriages noted in the books of the baptized, a person formerly married will not be able to bring a testimony of Baptism without at the same time bringing a testimony of his marriage formerly contracted, at least if an extract from the book of the baptized is brought which is of recent date (n. 682). But the registration in the book of the baptized is to be made thus:

1. If each or either spouse was baptized in the same parish in which the nuptials are entered, in the margin of the place where Baptism is noted let it be inserted that he or she contracted marriage in this parish in such year, month, and day, with the names, surnames, and age of the other party with whom he or she entered the nuptials added - as others add - and likewise the names and surnames both of the parents of the other party and of the witnesses of the marriage. It would also suffice to add in the margin of the place where Baptism is noted: "He entered nuptials with N. N. Cf. the book of marriages." Those who judge that all the aforesaid things are to be added rely on the Instruction of the Sacred Congregation of the Sacraments of March 6, 1911,¹ which imposes on the pastor of the marriage the obligation of reporting all these things to the pastor of Baptism, for the purpose indeed that "the marriage be entered in the book of the baptized"; from this they deduce that all the things are to be inserted in the book of the baptized. Others think that all the enumerated things must be reported to the pastor of Baptism for the purpose that the marriage can be duly assigned in the book of the baptized; but that it be duly assigned does not require that all things reported be added.

2. If each or either spouse was baptized elsewhere:²

a) The pastor of the marriage, either personally or through the episcopal curia, his own or that of the pastor who baptized, will report the contracted marriage to the pastor or pastors both of the Baptism of the bridegroom and of the Baptism of the bride. But that report "should bring with it the written names and surnames of the spouses and of their parents, the age of the contracting parties, the place and day of the nuptials, the names and surnames of the witnesses who were present, and should have the subscribed name of the pastor with the parish seal added."³ Besides this, the reporting pastor will laudably ask that he be made certain that the report was received. Finally, the report is to be transmitted through the chancery of the local Ordinary.⁴

b) The pastor of Baptism to whom the report has been transmitted should insert all things accurately in the book of the baptized, or at least duly note the marriage; and "if it should perhaps happen that... the pastor of Baptism, on receiving the report of the marriage, discovers that either contracting party is already bound by other nuptials, he will signify the matter as quickly as possible to the pastor of the attempted marriage."⁵

"Observe, if the marriage was mixed, that care must be taken only concerning the Catholic party that the marriage be registered in the book of the baptized.

"If the place of Baptism is unknown, let at least the diocese in which Baptism was conferred be investigated, whether it is learned or reasonably presumed from the birth or other circumstances. The Ordinary of that diocese, once made certain of the marriage, will then be able to complete the inquiry and to take care that the marriage be entered in the baptismal registers."

Moreover, the registration of marriages in the book of the baptized, likewise the law of taking care that the registration can be made by the pastor of Baptism, is not merely of counsel, but of precept and of grave precept, as is gathered both from the grave end of the law and from the cited Instruction.⁶

¹ March 6, 1911 (A.A.S. 1911, p. 102). That Instruction, which was issued "so that the things prescribed in n. IX, § 2 of the mentioned Decree (Ne temere) may be duly observed," is probably to be held as determinative of an existing law rather than as a new law. Hence we judge that it persists, with canons 6, 4° and 23 considered.

² "Or if the book of the baptized is kept by another pastor, for example by the pastor of the mother church on account of the dismemberment of the parish" (Van de Burct-Schaepmann, 237).

³ Cited Instruction of the Sacred Congregation of the Sacraments.

⁴ Instruction of the Sacred Congregation of the Sacraments, July 27, 1921 (A.A.S. 1921, p. 348).

⁵ Instruction of the Sacred Congregation of the Sacraments, March 6, 1911.

⁶ Vermeersch, op. cit., n. 8; the Instruction has these words: "Ordinaries should diligently watch that these prescriptions are religiously observed, and if they find any transgressors, they should take care to recall them to duty, canonical penalties also being employed where there is need."

III. Registration of marriage contracted in extraordinary form (canon 1103, § 3). Marriages contracted according to the norm of canon 1098 (n. 738 sq.) must likewise be noted in both the book of marriages and the book of the baptized. Now:

1. The priest, if he assisted at the marriage, is bound in solidum with the contracting parties to take care that the due registrations be made. In the same way the witnesses are bound with the contracting parties, if witnesses alone took part in the marriage.

2. In order that the obligation be satisfied, the marriage must be reported in the manner set forth above: 1° to the pastor of the place in which the marriage was contracted; according to others, to the pastor who regularly ought to have assisted in the ordinary case, that is, to the pastor of the domicile of each spouse or of the domicile of the bride;¹ 2° to the pastor of the Baptism of the spouses.

If the marriage is contracted in a place where there is no parish or quasi-parish, the report is to be made to the local Ordinary.²

Note. If the law of the sacramental seal prohibits the marriage from being noted in the public books of marriages and of the baptized, and the good of the legitimated offspring requires that the marriage be able to be proved in the external forum, with the consent of those whose interest it is, let it be registered as marriages of conscience, about which one must now speak.

¹ Choupin, n. 73, note 2.

² Vermeersch, n. 83.

Canons 1104-1107 pertain here, which present the law constituted in the Constitution of Benedict XIV Satis vobis,¹ and therefore are to be interpreted according to the norm of this Constitution. But since the matter concerns liceity, the conditions reported in the said Constitution are left rather as directive norms for the prudence of Ordinaries.

I. Notion. A marriage of conscience is one which is contracted with the announcements omitted and secretly (canon 1104). But it is contracted according to the ordinary or extraordinary juridic form, as the circumstances bear.

II. Liceity. A marriage of conscience cannot be permitted except by license of the local Ordinary and only from a most grave and most urgent cause. The Vicar General cannot give this license unless he has a special mandate (canon 1104). The reason is that from nuptials of this kind very grave inconveniences can follow, such as danger of polygamy or adultery, danger of scandal from public cohabitation, danger that the offspring may be held and treated as illegitimate.

A most grave and most urgent cause will be present if a man and woman living in concubinage are reputed true spouses; if a nobleman wishes to contract with a woman of non-noble condition, and from a known marriage very grave inconveniences are imminent; if a man and woman cannot contract civilly and, if marriage is passed over, they are in grave danger of salvation, etc. If there is danger in delay, for instance if the case concerns a hidden concubinary who is dying, one can proceed without the license of the Ordinary.

III. Things to be observed. 1. The pastor of either contracting party ought to assist at the marriage; or, if for a grave cause another priest is to be deputed in his place, let one be chosen by the Bishop who is commended by probity, doctrine, and skill in fulfilling the office. Besides this, two or three faithful witnesses are to be chosen, lest any knowledge or rumor of the celebration arise.

2. The pastor or deputed priest, before he takes part in the marriage, is bound to admonish those about to marry concerning their obligations toward the offspring to be begotten, both as regards Baptism and the reporting of it, and as regards religious education and the enjoyment of temporal goods.

3. Once the marriage has been celebrated, he must without delay exhibit to the Bishop a written document of the marriage celebrated before himself, with the names of the contracting parties, the witnesses, the place, and the time.²

4. Permission for the celebration of a marriage of conscience carries with it the promise and grave obligation of keeping secrecy on the part of the assisting priest, the witnesses, the Ordinary and his successors, and also of one spouse if the other does not consent to disclosure (canon 1105). The obligation of this promise on the part of the Ordinary does not extend to the case in which either some scandal or grave injury against the sanctity of marriage is imminent from the observance of secrecy, or the parents do not take care that the children received from such a marriage be baptized, or take care that they be baptized with false names expressed, while meanwhile they do not furnish the Ordinary within thirty days with notice of the offspring received and baptized, with a sincere indication of the parents, or neglect the Christian education of the children (canon 1106).

5. The spouses are bound within thirty days from the birth, either personally or through another, for example through the pastor, to make the Ordinary certain concerning the offspring born and baptized. But the Ordinary must take care that in a secret book, distinct from the book of marriages, it be noted that such offspring, baptized on such a day and in such a place, is legitimate (Benedict XIV, Satis vobis; cited canon).

IV. Registration. A marriage of conscience is not to be noted in the customary book of marriages and of the baptized, but in a special book to be kept in the secret archive of the Curia (canon 1107).

¹ November 17, 1741.

² Constitution of Benedict XIV Satis vobis, November 17, 1741.

§ 2. Moreover, let the Pastor also note in the book of the baptized that a spouse contracted marriage on such a day in his Parish. But if the spouse was baptized elsewhere, the Pastor of the marriage shall transmit notice of the contract entered into, either personally or through the episcopal curia, to the Pastor of baptism, so that the marriage may be entered in the baptismal book.

§ 3. Whenever marriage is contracted according to the norm of n. VII or VIII, the Priest in the former case, the witnesses in the latter, are bound in solidum with the contracting parties to take care that the entered marriage be noted as soon as possible in the prescribed books."

45. "The Pastor... shall immediately record": that pastor, namely, who furnished his assistance to the marriage, although not the proper pastor, by leave of the proper pastor. "Shall record," namely those things which are enumerated: the names of the spouses and witnesses, the place and day of the celebrated marriage, and the name of the Ordinary, Pastor, or delegate who was present at the marriage. "And other things, according to the manner prescribed in the ritual books or by his own Ordinary"; wherefore the Ordinary can prescribe other things to be added besides the aforesaid.

46. "He shall record in the book of marriages," and moreover he shall note the marriage in the book of the baptized. And if the contracting parties were baptized elsewhere, the Pastor must transmit notice of the marriage, either personally or through the episcopal curia of his own diocese, or of the diocese of the contracting parties, to the Pastor of that parish in which the contracting parties were baptized.

47. The priest or the witnesses are bound in solidum with the contracting parties to take care as soon as possible for this notation of the marriage, when the marriage is celebrated in extremis, or when the Pastor or Ordinary or their delegate is lacking. But the Pastor to whom this notice is transmitted must note it in the book of marriages and in the book of the baptized; and if the contracting parties were baptized elsewhere, he himself is bound to transmit it to the pastor of baptism. They are bound in solidum; wherefore, if one neglects the notation, the others are obliged to take care of it; if one takes care of it, the others remain free.

48. "X. Pastors who shall have violated the prescriptions made thus far shall be punished by the Ordinaries according to the measure and gravity of the fault. And moreover, if they have assisted at someone's marriage contrary to the prescription of § 2 and 3 of n. V, let them not make the stole fees their own, but send them to the proper Pastor of the contracting parties."

49. "Pastors who": not others. "The prescriptions made thus far," that is, as regards both validity and liceity. "Let them be punished": the penalties, therefore, are to be imposed by sentence of the Ordinary. "Contrary to the prescription of § 2 and 3 of n. V," namely if a Pastor assists at the marriage of those who belong to another parish, without the leave of the proper Pastor or Ordinary of one or other contracting party, and outside a case of necessity. "He shall not make them his own"; and accordingly no sentence is required for undergoing this kind of penalty. "Let him send them to the proper Pastor of the contracting parties": proper by reason of domicile, of the contracting parties, namely of the bride, if they are of different parishes.

50. "XI. § 1. All those baptized in the Catholic Church, and those converted to it from heresy or schism, are bound by the laws laid down above, although either these or those later defected from it, whenever they enter betrothal or marriage among themselves.

§ 2. They are also in force for the same Catholics spoken of above, if they contract betrothal or marriage with non-Catholics, whether baptized or not baptized, even after a dispensation from the impediment of mixed religion or disparity of cult has been obtained, unless for some particular place or region the Holy See has otherwise established.

"First of all, very diligent care must be taken that the fact of a contracted marriage be shown by lawful proofs; if these proofs, although diligently sought, cannot be had, let an oath be tendered to the parties, by which they confirm their own assertion. When this has been furnished, let the parties be held as joined by lawful marriage, and their offspring as legitimate. Cases, however, are to be excepted in which the law requires full proof, for example if there is question of prejudice to another marriage or of receiving orders.

But a marriage confirmed by oath as above is to be entered not indeed in the common book of marriages, but in a distinct little book destined for this purpose." Sacred Congregation of the Sacraments, March 6, 1911.

— 1. Besides the Holy See, only the local Ordinary himself, the vicar general being excluded without a special mandate, can permit a marriage of conscience for a most grave and most urgent cause (c. 1104).

2. This permission carries with it the promise and grave obligation of preserving secrecy "on the part of the assisting priest, the witnesses, the Ordinary and his successors, and also of one spouse, if the other does not consent to disclosure" (c. 1105).

3. The Ordinary is released from this secrecy: a) if some scandal or grave injury toward the sanctity of marriage threatens from observance of secrecy (e.g., if the man wishes to contract other nuptials); b) if the parents do not take care of the baptism of the offspring, or offer the offspring to be baptized under false names, unless within thirty days they provide to the Ordinary notice of the offspring born and baptized with sincere indication, or if they neglect the Christian education of the children (c. 1106).

4. A marriage of conscience must be noted neither in the customary book of marriages nor in the book of the baptized, but in a special book to be kept in the secret archive of the Curia (c. 1107).

— This marriage, only for a most grave and most urgent cause, can be permitted by the Holy See alone or by the local prelate. This permission includes the promise and obligation of secrecy to be preserved of itself. This marriage is inscribed only in the special book.

776. 1. "Once the matrimony has been celebrated, the parish priest or the one who supplies his place shall immediately record in the book of marriages the names of the spouses and witnesses, the place and day of the celebrated matrimony, 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."⁹⁷

This inscription must be made immediately, that is, on the same day or at least within three days. It does not clearly appear from this paragraph which parish priest ought to inscribe the names if perhaps the matrimony was celebrated outside the place of domicile, quasi-domicile, or month's residence. Certainly it would be better if such a matrimony were inscribed both in the parish where it was celebrated and in the parish of the bride. Thus at least sometimes by particular law.⁹⁸ Of itself, however, it seems to suffice if the matrimony is inscribed in the parish in whose territory it was celebrated.⁹⁹ The reason is that the whole tendency of the new law, as has already often been said, is to attach the celebration of matrimony to some territory and to burden the parish priest of that place with completing all those things which are required for validity and liceity. - When a dispensation from some public impediment was necessary for the celebration of the matrimony, this also must be noted in the book of marriages.

2. Moreover, it is also necessary to note in the book of baptisms, both at the name of the bridegroom and at the name of the bride, that the matrimony was celebrated on such a day and year in such a place. But if either or both spouses were baptized elsewhere, the parish priest is to transmit notice of the matrimony entered to the parish priest (or parish priests) of baptism, so that the matrimony may be entered in the book of baptism.¹⁰⁰

The obligation of inscribing the matrimony contracted both in the book of marriages and in the book of baptisms seems to be grave,¹⁰¹ because its end is grave, namely, that the matrimony contracted be established and that bigamy be avoided. - On July 4, 1921, the Sacred Congregation of the Sacraments ordered that this inscription contain: a) the names and surnames of the newly married spouses, parents, and witnesses; b) the age of the newly married spouses; c) the place and day of the nuptials. If baptism was conferred elsewhere, the parish priest of the matrimony must notify the parish priest of baptism of all these things (through the Chancery of the local Ordinary) by letters signed with his own name and surname and furnished with the parochial seal.¹⁰²

3. If the matrimony was celebrated in danger of death,¹⁰³ then the assisting priest must under grave obligation procure the inscription of the matrimony celebrated in the book of marriages and of baptisms; but if the celebration was made without a priest,¹⁰⁴ the obligation of making the same inscriptions rests under grave obligation upon the witnesses or contracting parties, as was already said above.

4. A matrimony of conscience is not to be noted in the customary book of marriages and of baptisms, but in a special book to be kept in the secret archive of the episcopal Curia (can. 1107).

Epilogue. Since for resolving doubts it is very expedient to know the intention of the legislator, it is worthwhile to append a question concerning the principal intention of the legislator and the means employed. The intention of the legislator was to prevent the nullity of so many marriages which were customarily contracted without the assistance of the proper parish priest. All marriages of non-Catholics are contracted without the assistance of a Catholic parish priest, and therefore a great part of them was at least material concubinage. Moreover, so many mixed marriages are celebrated without the due assistance of the parish priest, which therefore likewise are concubinages. Finally, in the celebration of marriages of Catholics themselves, it was often very difficult to discern which parish priest ought to assist by reason of domicile or quasi-domicile, since spouses not rarely changed their place of residence in fraud of the law. All these inconveniences have been removed through the new laws. Non-Catholic marriages are held as valid; mixed marriages celebrated without the assistance of the parish priest are invalid. The proper parish priest of those about to marry is now very easily known, nor does attempted fraud stand in the way. Thus, therefore, there is the greatest security concerning the validity of marriages, and this seems to have been the principal intention of the legislator. - The means employed to attain this most excellent intention is the change of the Tridentine law, which was personal rather than territorial. On the contrary, according to the new law almost all ordinances are territorial. To the point, the consultor deputed by the Sacred Congregation of the Council to give his vote concerning the new Decree to be issued writes: "All things counsel that the power of parish priests with respect to the celebration of matrimony be made territorial. For especially since all civil Codes have adopted this principle as more opportune in celebrating acts of nuptials, as they say, civil, there is no sufficient reason why the Church should not follow it in matrimonial matter."¹⁰⁵ From this tendency has arisen the most limpid principle: All those marriages are valid which have been contracted before the parish priest of the place freely assisting and two witnesses. The sole exception is found in the East Indies.¹⁰⁶ In danger of death and in the month's absence of the parish priest or delegated priest, still greater liberty has been conceded. Hence matrimonial law through the new decrees has been made easier both as regards understanding and as regards practice.

⁹⁷ Thus the Code of Canon Law, can. 1103.

⁹⁸ Thus, for example, in the Archdiocese of Cologne; cf. Vogt, Das kirchl. Eherecht, § 26, 6.

⁹⁹ If the matrimony was celebrated in a church of religious or elsewhere outside the parochial church, the inscription must nevertheless be made in the parochial church.

¹⁰⁰ Decree Ne temere, IX, § 2; Code of Canon Law, can. 1103, § 2.

¹⁰¹ Thus theologians commonly teach, for example, Noldin-Schmitt, De sacr.¹⁷, n. 653; Barret, Decr. "Ne temere", n. 45; and several others.

¹⁰² Acta Ap. Sed. XIII, 349.

¹⁰³ Cf. above, n. 773.

¹⁰⁴ Cf. above, n. 774.

¹⁰⁵ Acta S. Sedis XL, 564.

¹⁰⁶ Cf. above, n. 763.

234. • I. Inscription in the book of matrimonies.

"When matrimony has been celebrated, the parish priest or the one who takes his place is, as soon as possible, to describe in the book of matrimonies the names of the spouses and witnesses, the place and day of the celebrated matrimony, and other things according to the manner prescribed in the ritual books and by his own Ordinary, and this although another priest, delegated either by him or by the Ordinary, assisted at the matrimony." (Can. 1103, § 1.)

a) It is the office of the parish priest himself or of the one taking his place, even in the case of matrimony celebrated by another priest, to inscribe the matrimony in the book of matrimonies. If he uses the hand of another, he himself at least must sign.

b) As soon as possible, i.e., within three or four days, the inscription is to be made.

c) Let the inscription be made in the book, not on separate leaves.

d) That obligation is grave.

e) The convalidation or dissolution of the matrimony also is to be noted.

f) 1. As often as, by reason of secrecy, the matrimony cannot be inscribed in the parochial book, and yet the good of the offspring requires that such a matrimony be able to be proved in the external forum, the inscription is to be made in the secret book of the episcopal Curia.

2. But if the sacramental seal stands in the way, the confessor cannot arrange even the secret notation without the express permission of those whom it concerns.¹

¹ Capello, cited work, n. 718.

235. • II. Inscription in the book of the baptized.

"Moreover, according to the norm of can. 470, § 2, the parish priest is also to 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 parish priest of the matrimony is to transmit notice of the contract entered into to the parish priest of baptism, either by himself or through the episcopal Curia, so that the matrimony may be referred into the book of the baptized." (Can. 1103, § 2.)

a) That notation is prescribed for this end, that a matrimony perhaps already contracted by the one who wishes to marry may more easily be detected.

b) If each spouse or either spouse was baptized in the parish of the matrimony, in the book of the baptized, in the margin or at the foot of the inscribed baptism, let it be noted that such a person contracted matrimony in this parish, on such day, month, and year, with the names, surnames, and age of the other party indicated, and with the names and surnames of the parents of the other party, of the witnesses, and of the parish priest.

But an easier and licit manner is to indicate in the margin at the place of the inscribed baptism: "Contracted matrimony with N. N. Cf. the book of matrimonies."

c) If each spouse or either spouse was baptized elsewhere, the parish priest who assisted at the matrimony must report the union to the parish priest or parish priests of baptism, with all the indications enumerated under b), and must furnish the written notice with the parochial seal.

In a mixed matrimony, care must be taken concerning inscription in the book of baptisms for the Catholic party alone.

d) The parish priest of baptism should accurately note all things in the book of the baptized.

e) If the place is unknown, but the diocese of baptism is known certainly or by presumption, let the Ordinary of that diocese be informed, who himself is to institute an inquiry so that the matrimony may be inscribed rightly in the book of the baptized.

f) This obligation is grave, like the obligation of inscribing in the book of matrimonies.

236. • III. Inscription of matrimony celebrated without the intervention of the parish priest or delegate.

"Whenever matrimony is contracted according to the norm of can. 1098, the priest, if he assisted at it, otherwise the witnesses, are bound in solidum with the contracting parties to take care that the union entered into be noted as soon as possible in the prescribed books." (Can. 1103, § 3.)

a) The obligation affects first the priest, if he assisted at the matrimony. If no priest assisted, the witnesses and contracting parties are bound in solidum.

b) The matrimony must be reported either to the parish priest of the place where the matrimony was entered into, or to the proper parish priest of the contracting parties and the parish priest of baptism. If in that place there is no parish or quasi-parish, the report is to be made to the local Ordinary.

237. • I. Notion.

Matrimony of conscience is a matrimony indeed celebrated before the parish priest or local Ordinary or a priest duly delegated and two witnesses, but with the announcements omitted and secretly.

238. • II. Conditions which render such a matrimony licit.

"Only from a most grave and most urgent cause, and by the local Ordinary himself, the Vicar General excluded without a special mandate, can it be permitted that a matrimony of conscience be entered." (Can. 1104.)

a) What is that most grave and most urgent cause?

From the style and practice of the Sacred Penitentiary such a cause is judged to exist if two persons live publicly under the appearance of matrimony, but in reality are persons living in concubinage, without any suspicion concerning their sin being present. But other causes can be given.

b) It is the office of the Ordinary accurately to weigh the causes and especially to become altogether certain concerning the free state of the contracting parties.

239. • III. What consequences the permission of celebrating a matrimony of conscience brings with it.

a) "The permission for celebration of a matrimony of conscience brings with it the promise and grave obligation of observing secrecy on the part of the assisting priest, the witnesses, the Ordinary and his successors, and also the other spouse, when the other does not consent to publication." (Can. 1105.)

b) The Ordinary becomes free from that obligation of observing secrecy:

1. If some scandal or grave injury toward the sanctity of matrimony threatens from the observance of secrecy.

2. If the parents do not take care that children received from such a matrimony be baptized.

3. If they take care that they be baptized under false names expressed, unless, however, within thirty days they provide to the Ordinary notice of the offspring received and baptized, with a sincere indication of the parents.

4. If finally they neglect the Christian education of the children. (Can. 1106.)

c) Concerning these things, as is evident, the spouses are to be warned; indeed, they must promise that they will fulfill their obligations toward the offspring.

240. • IV. Inscription of the matrimony.

"A matrimony of conscience is not to be noted in the customary book of matrimonies and of the baptized, but in a particular book to be kept in the secret archive of the Curia, of which in can. 379." (Can. 1107.)

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).

4° "Matrimony of conscience is not to be noted in the customary book of marriages and of the baptized, but in a peculiar book to be kept in the secret archive of the curia" (can. 1107).