The Requisites for a Pastor or Local Ordinary to Assist Licitly at Marriage

643. By the Name Parish Priest is judged:

1. The parish priest, who is commonly so called, to whom a parish with care of souls has been conferred in title.

2. The quasi-parish priest, who rules a quasi-parish, that is, a determinate territory in mission places.

3. The parochial vicar, who, furnished with full power, presides over an incorporated or vacant parish, or supplies for a parish priest licitly absent or permanently incapable.

4. Personal parish priests, among whom are reckoned:

a. simultaneous parish priests, who together with another parish priest exercise care of souls in the same place;

b. military parish priests;

c. chaplains or rectors of pious places with full parochial power.

644. Who Ought to Assist. 1. The parish priest of the place ought to assist at matrimony. He indeed validly assists at the matrimony both of subjects and also of non-subjects, but licitly a. at the matrimony of his own subjects absolutely, without further license; b. of non-subjects with the license of the proper parish priest of the spouses.¹ Therefore now competent to assist validly is any parish priest in his own territory by force of parochial office, so that he always assists validly, whether the spouses are from his parish or from another parish.

a. What is said concerning the parish priest of the place in relation to the parish has force also concerning the ordinary of the place (and vicar general) in relation to the diocese.

The parish priest who has territory cumulatively with another parish priest assists validly and licitly at marriages of his subjects, but validly yet illicitly at marriages of others.²

b. Around military parish priests the new Code has changed nothing.³ Therefore military parish priests with proper care of souls (as formerly in Austria and in Prussia) validly and licitly assist everywhere at marriages of their military subjects and can delegate another priest to assist where they are staying; but they cannot assist at marriages of other faithful.

The power of military parish priests does not seem to be exclusive, so that also the parish priest of both or of either of the contracting parties can validly and licitly assist at their matrimony.

c. Chaplains or rectors of pious places exempt from parochial jurisdiction validly and licitly assist, without delegation of the parish priest of the place where the pious place is situated, at marriages of their own, but not likewise of others.

2. A putative parish priest also assists validly, who is not a parish priest but by common error is thought to be such, even if he does not have a colored title;⁴ but an intruded parish priest does not assist validly, because he is neither a parish priest nor named parish priest by legitimate authority (although invalidly).

An intruded parish priest is said to be one who, without the consent of the legitimate superior, has been named and instituted by an illegitimate authority, e.g., civil authority.

¹ Cn. 1095, 1, 2.

² S. C. C., February 1, 1908, n. 8.

³ Cn. 451, 3.

⁴ Cf. Cn. 209.

645. Conditions for Valid Assistance.¹ The parish priest validly assists only:

1. From the day of having obtained possession of the benefice or begun the office, unless by sentence he has been excommunicated, or interdicted, or suspended from office, or declared such.

a. Therefore if before solemn institution (installation) the parish priest administers the parish, he cannot validly assist at marriages unless he has expressly obtained from the ordinary the faculty of assisting. The parish priest is said to obtain possession through that act (whether it is called investiture, institution, or enthronization, installation) by which there is conferred on him the free exercise of the power annexed to his office. Those who preside over a parish as parochial vicars (Pfarrverweser) assist validly at marriages from the day of the legitimately begun office.

b. Formerly a parish priest could validly assist at marriages even if excommunicated or suspended by name; now the power of assisting is removed from a parish priest who by sentence has been excommunicated, or interdicted, or suspended from office (where it concerns a censure ferendae sententiae), or declared such by sentence (where it concerns a censure latae sententiae). Therefore a parish priest suspended from order, from benefice, or from jurisdiction can assist validly.

2. If, constrained by neither force nor grave fear, he asks and receives the consent of the contracting parties.

From the old law matrimony was valid even if the parish priest had stood by when compelled and constrained by grave fear. That which the decree Ne temere requires, that the parish priest assist after being antecedently invited and asked by the contracting parties, is not required, since the Code omits this condition. Therefore it suffices that the contracting parties present themselves before him and that he, compelled by no force, freely asks and receives consent from them.

3. Within the limits of his territory.

Therefore outside his parish (his diocese, with regard to the ordinary), he does not validly assist even at the matrimony of his own subjects, unless he has been delegated for this. But within his own parish he assists validly at marriages both of subjects and of non-subjects. Therefore if the parish priest desires to join the spouses of his parish elsewhere, he must be delegated by the parish priest of the place in which the matrimony is made, so that the matrimony may be valid.

¹ Cn. 1095, 1, 2, 3.

646. Conditions for Licit Assistance.¹

1. That he has procured for himself certain knowledge concerning the free state of the spouses and concerning the absence of any impediment.

a. It is preferable that one parish priest, and indeed the parish priest of the bride, as far as can be done, procure all things which must be premised to matrimony (examination of the betrothed, necessary documents, petition of dispensations, warning about proclamations to be made elsewhere), because he is competent for assistance in the first place.

b. In order that the assisting priest can procure for himself certain knowledge of the free state of those about to marry, it is preferable that the license of assisting be granted by the parish priest of the bride, who had the examination of the betrothed, and that he at the same time report that the promulgations have been duly made, that no impediment stands in the way (or that dispensation has been given), and that the spouses were born on such a day, month, year, and place.

2. That either contracting party has a domicile or quasi-domicile or has stayed for a month in the place of the matrimony, and, if the matter concerns wanderers, that either contracting party is actually staying in the place of the matrimony.²

a. A month is understood as a space of 30 days. Within it, the absence of one or another day from the place of habitation does not impede the monthly habitation required by law, even if the person left the place of habitation with the intention of not returning any more, provided in reality he or she returned again after a few days. Therefore if someone has brought himself or herself to some place for the sake of business, but from the quality of the business is called away for one or another day each week, when a month has passed the parish priest of the place can assist at that person's matrimony.

3. If the spouses are not subjects (having elsewhere a place of domicile or quasi-domicile or monthly stay), that the parish priest of either spouse has given the license of assisting, unless grave necessity excuses from it or the matter concerns wanderers actually traveling, who nowhere have a seat of stay.

Grave necessity would be present if the celebration could not be deferred (e.g., because of an urgent necessity of departing, because of imminent danger of grave harm), nor was there time for seeking license. Prudence demands that the assisting parish priest procure for himself proof of this necessity, if perhaps it is required, whether through witnesses or through writing.

Note. The new Code says: Let the rule be that matrimony be celebrated before the parish priest of the bride, unless a just cause excuses. But marriages of Catholics of mixed rite are to be celebrated in the rite of the man and before his parish priest, unless something else has been provided by particular law.³

From these words indeed the right of assisting at the matrimony belongs in the first place to the parish priest of the bride; yet practically in this matter a difference between the parish priest of the groom and the parish priest of the bride will not have to be urged. For since only a just cause is required so that the parish priest of the groom may licitly assist, and since any reasonable cause of utility or convenience or custom is judged just, a just cause will scarcely ever be lacking where those about to marry ask that they be able to contract before the parish priest of the groom.

¹ Cn. 1097, 1, 2.

² Cn. 1097, 1.

³ Cn. 1097, 2.

647. On the Sanction of the Law.

One who has stood by at matrimony without the license of the proper parish priest or ordinary where such license is required does not make the stole fees his own and must remit them to the proper parish priest of the contracting parties.¹

a. The proper or competent parish priest of the contracting parties does not have the right to the stole fees, but the one who licitly assists at the matrimony does. To the proper parish priest of the contracting parties: if they have several proper parish priests, it is not established to whom they are to be remitted, perhaps to the parish priest of the bride.

b. Therefore one who assists at the matrimony of travelers without the license of the proper parish priest of the spouses loses the right to the stole fees, which must be remitted to the parish priest of the spouses. He is held to this remission by justice, because the law prevents him from making the stole fees his own, that is, from acquiring ownership in them.

¹ Cn. 1097, 3.

648. On the Marriages of Wanderers. 1. Wanderers are said to be those who nowhere have either domicile or quasi-domicile.¹

After the decree Ne temere some thought that in the matrimonial matter that person was not to be numbered among wanderers who had stayed somewhere for a month; nevertheless, from the new Code (Cn. 91), monthly stay does not suffice for one to cease being a wanderer.

2. With regard to wanderers the parish priest of the place must first institute a diligent inquiry concerning the free state and concerning the absence of any impediment and (outside a case of necessity), the matter having been brought to the ordinary or to the priest delegated by him, must obtain the license of assisting.²

a. By recent decree there is granted to ordinaries the faculty of delegating in the diocese a priest (priests) who, after examining the acts of parish priests concerning marriages of wanderers, can grant the license of assisting at their marriages.

b. The parish priest can assist at marriages of wanderers: if a case of necessity is present, without license; otherwise, if he has obtained license from the ordinary or from a priest delegated by the ordinary.

c. If only one of those about to marry is a wanderer, the license of the ordinary or of the priest delegated by him to grant this license is likewise required.

d. In a case of necessity, namely where there is not time for recourse, the whole matter is committed to the parish priest, who must institute an accurate investigation, and if he has acquired moral certainty concerning the absence of any impediment, can assist at the matrimony without license.

3. Those actually wandering are not comprehended under this law; therefore the parish priest of the place where they wish to contract can assist at their matrimony without the license of the ordinary.

Those are said to be actually wandering who a short time before had domicile and shortly afterward are going to have one again, as when spouses leave their domicile a few days before the celebration of matrimony and shortly after the celebration acquire a new one. But if they underwent the examination of the betrothed before the parish priest of the prior domicile, showed the necessary documents to him, and satisfied the law of proclamations, any parish priest can licitly assist at their matrimony. Indeed this exception is also extended by some to those actually wandering persons who did not make the examination of the betrothed before the parish priest of the prior domicile. Thus, if the spouses, having left their domicile, wait somewhere for an opportunity of sailing to America, where they intend to fix a new domicile, any parish priest, with the license of no one required (neither of another parish priest nor of the ordinary or priest delegated for wanderers), can validly and licitly assist at their matrimony.

¹ Cn. 91.

² Cn. 1032.

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 passive assistance, by which the parish priest, without any sacred rite outside the church, intervenes in the matrimony by material presence only.

a. Active assistance contains the sacred vestment, the copulation with its prayers, the Mass with blessing, a suitable admonition, a sacred place; since, therefore, it contains several things, it can be more and less full and perfect. Hence a twofold active assistance can be distinguished: the one solemn, the other less solemn, in which at least the celebration of Mass with the nuptial blessing must always be omitted. Now a twofold passive assistance can also be distinguished: merely passive assistance, where those about to marry only express their consent before the parish priest; and (simply) passive assistance, where the parish priest, without any other rite, only proposes the questions concerning consent.

b. If matrimony is to be contracted outside the church, it ought to be entered in a decent place, such as the sacristy (others consider the sacristy as pertaining to the church), a private oratory, or the parish house.

1. If those about to marry are in the state of sin, the parish priest cannot assist without a just cause, both because he cooperates in their sacrilege and because by office he must procure the salvation of his parishioners and impede their sins.

He can and must assist both if he knows only from confession that the spouses are in the state of sin, and if they are unworthy only on account of an occult sin or an occult censure: the first, lest he violate the seal; the second, lest he injure their reputation.

2. If those about to marry are public sinners or notoriously excommunicated persons, of itself nothing is to be furnished except passive assistance; nevertheless, to avoid greater evils ordinaries can determine in particular cases what they judge more expedient.¹ Therefore they can permit active assistance, excluding however the sacrifice of the Mass and the solemn blessing; indeed, if the circumstances require it, even the celebration of Mass and the solemn blessing can be conceded.²

If one party of those about to marry is Catholic, while the other has cast off the faith and adheres to no religious sect, the matter is to be referred to the bishop, who, after inspecting all the circumstances of the case, will be able to permit the parish priest to be passively present at the matrimony, provided that provision has been made for the Catholic education of all the offspring.³

¹ Cn. 1101, 1.

² S. Officium, 25 May 1897.

³ Ibid.

In order that a pastor or local Ordinary assist licitly, it is required: 1° that the free status of the contracting parties be established, and indeed according to the norm of law; 2° that there be established the domicile or quasi-domicile, or monthly residence, or, if it is a question of a vagrant, the actual residence of either contracting party in the place of marriage.

If neither party has in the place of marriage, but each or either party about to contract has elsewhere, a domicile or quasi-domicile or monthly residence, the permission of the pastor or Ordinary of the domicile or quasi-domicile or monthly residence is needed. If neither has elsewhere a domicile or quasi-domicile or monthly residence, no one's permission is required; and this holds even if each or either has actual residence elsewhere.

In any case it is to be held as the rule that marriage be celebrated before the pastor of the bride, unless a just cause excuses; but the marriages of Catholics of mixed rite, unless something else has been provided by particular law, are to be celebrated in the rite of the man and before his pastor.

Finally, a pastor who assists at marriage without the permission required by law does not make the stole fees his own, and he is to remit them to the proper pastor of the contracting parties (canon 1097). It is said:

I. In order that a pastor or local Ordinary assist licitly, it is required: 1° that the free status of the contracting parties be established, and indeed according to the norm of law; concerning these things compare what was said in n. 682; it is required 2° that there be established the domicile or quasi-domicile, or monthly residence, or, if it is a question of a vagrant, the actual residence of either contracting party in the place of marriage. It is said:

1. Domicile or quasi-domicile. The notion, division, acquisition, and loss both of domicile and of quasi-domicile have been set forth in vol. I, n. 123. It is helpful here to add the following:

a) Someone can have two, indeed several, proper domiciles, namely by living equally in different places with the intention of acting thus perpetually. But whether someone lives equally in several places or not is to be judged more from the manner in which he has established himself here or there than from equality of time during which he stays in different parishes. It is certain that mathematically equal residence is not required.

b) Someone can have a proper domicile and a proper quasi-domicile, for example if, for a cause requiring at least six months, he goes elsewhere with the intention, once the business is finished, of returning to the place of perpetual habitation.

c) Someone can more probably have two proper quasi-domiciles; for example if a person goes to Rome in order to pursue studies there for four years, and meanwhile betakes himself to another place with the intention of remaining there for seven months and then returning to Rome. In the case he has a quasi-domicile in that other place, as is clear; likewise he retains the quasi-domicile at Rome, because it is not lost except by departure from the place with the intention of not returning.

d) A wife and a minor who has passed infancy can have legal domicile in one place and proper quasi-domicile in another.

e) A wife after the death of her husband and a minor who has become of age retain: the former, the domicile of the husband; the latter, the domicile of the one to whom he was subject. They retain, I say, that domicile, formerly legal, as voluntary, as long as they preserve the intention of remaining there.

2. Monthly residence; concerning which note:

a) The fact of monthly residence is required, but also suffices. The intention of extending residence through a month neither suffices nor is required; only the fact, and in no way the mind, is attended to, as is deduced both from the character of this legislation and from the words employed. Nor is habitation required, but residence suffices, whether in the manner of an inhabitant or in the manner of a guest, worker, etc. Besides this, residence must be taken according to common estimation. Now: 1° one who inhabits some place, for example in the paternal home, according to common estimation resides there, even if daily, either by day or by night, he spends time elsewhere, as if by day or by night he works in the factory of another municipality; 2° one who inhabits nowhere, but is accustomed to spend the day in one place and the night elsewhere, is rather said to reside where he is accustomed to spend the night. Finally, it is all the same whether someone resides in a place as a Catholic or as a non-Catholic.¹

b) The time of monthly residence is to be computed thus. Since a starting term is assigned, a month is taken as it is in the calendar, for example from February 1 up to February 28 or 29. And because the starting term does not coincide, or at least is not judged by law to coincide, with the beginning of the day, the first day is not computed, and the time is ended when the last day of the same number has been completed, for example from March 25 up to April 25 completed. But if the month lacks a day of the same number, the time is ended when the last day of the month has been completed, for example from January 30 up to February 28 or 29 completed (canon 34, § 3, 1°, 3°, 4°).

c) Residence must be continuous, at least morally. Now absence of one or another day and night does not seem to stand in the way of continuity. And this holds rather probably even if someone has gone away with the intention of not returning; for intention, as was said above, seems in no way to have to be attended to. Besides this, if absence of one or another day does not stand in the way of continuation, neither must it be compensated by other days added.

d) Finally, it is clear that residence must be continued up to the contracting of marriage. Otherwise there is not monthly residence, but there was monthly residence.

3. Actual residence. By this is understood, as is clear from canon 1097, § 1, 3°, residence for a time of some moment, so that someone can be said to have somewhere a seat of residence. Now residence of this kind by either of the contracting parties suffices if it is a question of a vagrant, that is, of one who nowhere has domicile or quasi-domicile. But if it is a question of a vagrant, it suffices whether both parties or only one party is vagrant. Note, however, that in this case there is required for assisting the permission of the Bishop or his delegate, of which canon 1032 speaks (n. 695).

4. The place of marriage with respect to the pastor is the parish committed to him; with respect to the Bishop, Vicar, and Prefect Apostolic, it is both any parish of the diocese, or respectively quasi-parish of the vicariate or prefecture, and the diocese, vicariate, or prefecture as such.

II. If neither party has in the place of marriage, but each or either party about to contract has elsewhere, a domicile or quasi-domicile or monthly residence, the permission of the pastor or Ordinary of the domicile or quasi-domicile or monthly residence is needed. If neither has elsewhere a domicile or quasi-domicile or monthly residence, no one's permission is required, and this holds even if each or either has actual residence elsewhere. I said:

1. No one's permission is required; except, however, that permission of which canon 1032 speaks (n. 695).

2. And this holds even if each or either has actual residence elsewhere. For in the case there is not required the permission of the pastor or Ordinary of domicile, quasi-domicile, or monthly residence, because these are not had; nor the permission of the pastor or Ordinary of actual residence, because it is prescribed nowhere. Therefore the pastor of the place in which the vagrant is licitly assists, always with due regard for the permission of which canon 1032 speaks (n. 695). Moreover note:

a) The required permission can be granted as much orally as in writing, as much expressly as tacitly. Permission reasonably presumed also suffices, if it cannot conveniently be sought; in which case, however, it is fitting after the fact to warn the proper pastor. Finally, in a case of grave necessity no permission is required, for example if without grave inconvenience permission cannot be obtained in time. The reason is that the permission of which we speak is not delegation, which is necessary for validity.

b) Nothing prevents pastors of some city from conferring on one another, for the sake of convenience, a general permission of assisting.

III. In any case it is to be held as the rule that marriage be celebrated before the pastor of the bride, unless a just cause excuses; but the marriages of Catholics of mixed rite, unless something else has been provided by particular law, are to be celebrated in the rite of the man and before his pastor. Now the law of celebrating marriage before the pastor of the bride does not oblige under grave sin; indeed there are those who, unless particular law presses the matter more urgently, recognize no obligation strictly so called. But any just cause excuses; and if it is present, there is no obligation of seeking permission from the pastor of the bride, although it is fitting to warn him.

IV. Finally, a pastor who assists at marriage without the permission required by law does not make the stole fees his own, and he is to remit them to the proper pastor of the contracting parties.

Stole fees are understood as those things which are owed to the pastor as such from the celebration of marriage in that parish; to these do not belong the Mass stipend, gifts given by the contracting parties from friendship, etc.

This penalty of latae sententiae, which is incurred even before a declaratory sentence, regards only pastors, not delegated priests; nor is this penalty incurred by a pastor who took part in the marriage of vagrants without recourse to the Bishop; nor by a pastor who took part in marriage while the pastor of the bride was passed over without just cause.

If several proper pastors are had, the pastor of the bride seems to be preferred to the pastor of the bridegroom. If the bride has several pastors, the stole rights are to be divided among the different pastors (cf. canon 1236, § 2).

Finally, one who without just cause remitted the stole fees in part or whole is not bound to restitution. He is not bound by force of ecclesiastical law, which is not understood of fruits not received. Nor is he bound by force of natural law, since he did not impede another either from a good to which he already had a right, or by an unjust means from a good to which he did not yet have a right. Yet he must restore who "has defrauded to such a point that the stole fees which would be given by the contracting parties he has arranged to be presented to himself under another title, for example, of a Mass stipend, because thus he is deservedly judged virtually to have received the stole fees; and therefore he is bound to remit them to the proper pastor of the contracting parties."²

POINT III.

¹ Cf. response of the Sacred Congregation of the Sacraments, January 28, 1906, by which assistance given by a certain pastor is declared illicit, not because one party before conversion had resided in his parish, but because the residence was interrupted.

² Van de Burct-Schaepman, n. 241.

7. "Many Protestants, without any intention of embracing the Catholic religion, often request that, either before one of their own ministers or before the bishop himself, they furnish consent for contracting marriage. It is to be noted that in such circumstances the bishop and priests would act not as priests, but as civil magistrates, which is permitted by the laws of the republic. Now he asks, whether it is permitted to him and to his missionaries to preside over such marriages?

"R. If there is question of marriage between two heretical parties, although an intervention of this sort is not so reproved that it can never be licit, nevertheless commonly it must be dissuaded. But if one party is Catholic, with a dispensation having been obtained from the impediment of mixed religion, and with the usual clauses and conditions being observed, it is permitted." S. O., Dec. 20, 1837. Cf. Enchir. Moral. 1016.

From the Council of Trent, s. 24, C. 1, de R. M., I. M. 1235: "If any parish priest... shall have dared to join in marriage spouses of another parish without the permission of their parish priest... by the law itself let him remain suspended for so long until he is absolved by the Ordinary of that parish priest, etc." Whether is this suspension a mere penalty, or a true censure?

R. It would be a mere penalty if it were at will. But this formula, "let him remain suspended for so long until he is absolved by the Ordinary, etc.," signifies in the obvious sense only that the absolution of this suspension is reserved to this Ordinary when the delinquent has repented. Wherefore it seems that this suspension is a true censure, but reserved.

768. 4. The parish priest of the bride (if she is Catholic), regularly speaking, should assist at the matrimony to be celebrated, unless some just cause excuses.⁶³

But any reasonable cause, even if not so grave, suffices for the parish priest of the bridegroom (by reason of domicile, quasi-domicile, or month's residence) licitly to assist at the celebration of the matrimony. The reason is that the new law, treating valid and licit assistance with such breadth, cannot fittingly be so severe concerning an accidental point. Hence if the parish priest of the bridegroom assists at the matrimony, he is not bound to return the stole fees received to the parish priest of the bride,⁶⁴ unless particular law establishes otherwise. - If the bride has several proper parish priests, for example, by reason of domicile or quasi-domicile, she can choose from among them the one whom she prefers.

⁶³ Ibid., § 2.

⁶⁴ Thus also Noldin-Schmitt, De sacr.¹⁷, n. 639, and authors commonly.

847. Conditions required on the part of the pastor for licit assistance are indicated by can. 1097:

"§ 1. But the pastor or the local Ordinary assist licitly at matrimony:

1° When the free state of the contracting parties has been established to him according to the norm of law (n. 836-842);

2° When, moreover, the domicile or quasi-domicile or monthly residence, or, if there is question of a wanderer, the actual residence of one of the contracting parties in the place of matrimony has been established;

3° When, if the conditions of which in n. 2 are lacking, the license has been had of the pastor or Ordinary of the domicile or quasi-domicile or monthly residence of either contracting party, unless the matter concerns wanderers actually itinerant, who nowhere have a seat of residence, or a grave necessity intervenes which excuses from seeking the license."

Here the following is to be observed: 1° Domicile or quasi-domicile is not required; monthly residence in the parish suffices for the pastor licitly to assist.

2° For that, intention of residing is neither required nor sufficient; but the real fact of residence for a continuous month suffices and is required; nor is dwelling required, but residence in the manner of a guest or worker also suffices.

3° Residence morally continuous suffices, to which the absence of one or another day and night does not seem to be an obstacle, indeed not even absence during the day alone; but it must be continued up to the day of matrimony.

4° The month seems to be computed as in the calendar, so that the first day is not counted and the time is ended when the day of the same number of the following month has been completed (for example, from the 15th to the 15th completed); and if such a number is not had, the time is ended when the last day of the following month has been completed (for example, Jan. 30 to Feb. 28, Aug. 31 to Sept. 30). Some, however, take the month as a continuous space of 30 days.

5° Actual residence, which under certain given conditions suffices, is to be understood as residence for a time of some moment, so that someone can be said to have there a seat of residence.

6° The license required in the case in which neither contracting party has domicile, quasi-domicile, or monthly residence in the place where he wishes to marry can be conceded orally or in writing, expressly or tacitly, indeed generally, or even be reasonably presumed; in which case it is fitting to warn the proper pastor.

7° Grave necessity excuses from seeking the license, namely notable inconvenience on the part of the pastor or of the future spouses, such as the necessity of departing on account of imminent danger, danger of death, an error of domicile detected at the last hour, concubinage to be ended or forestalled when time for recourse is lacking.

8° For wanderers who do not have actual residence, no license is required for licit assistance; nevertheless the license of the Ordinary is required by force of can. 1032 in order that free state be sufficiently proved (n. 843, 3°).

"§ 2. In any case let it be held as the rule that matrimony be celebrated before the pastor of the bride, unless a just cause excuses; but marriages of Catholics of mixed rite, unless something else is provided by particular law, are to be celebrated in the rite of the man and before his pastor."

A twofold obligatory rule is established:

1st. That matrimony be celebrated before the pastor of the bride. This obliges only under light matter, and a reasonable cause excuses from it, as if the bride is non-Catholic, or the pastor of the groom is a relative of either contracting party, or the house of the groom more easily permits the nuptials to be carried out, or several marriages are celebrated on the same day in the same family, or the parochial church of the groom is near the house and the church of the bride very remote, etc. Such a just cause standing, no license is required from the pastor of the bride, although it is fitting to warn him.

2nd. That matrimony of Catholics of mixed rite be celebrated in the rite and before the pastor of the man. Unless, however, it is otherwise established by particular law, or it is not licit by reason of canon 1099, § 1, 3°, as if a man of some Oriental rite, in which the Latin form of celebrating matrimony is not observed, contracts with a woman of the Latin rite who according to canon 1099 etc. is held to the form. (Cf. Response of the Commission for the Interpretation of the Code on July 8, 1948; Acta Apostolicae Sedis, XL, 1948, p. 386.)

"§ 3. The pastor who assists at matrimony without the license required by law does not make the stole emoluments his own, and he shall remit them to the proper pastor of the contracting parties."

The emoluments to be returned are:

1. Only those which are owed to the pastor as such from the very celebration of matrimony, but not the stipend of the Mass celebrated, or gifts made from friendship, or those paid to the ministers and the church.

2. They are to be returned by justice, and indeed before the sentence of a judge, because the law prevents the pastor from making the emoluments his own, i.e., from acquiring dominion over them.

3. They are to be returned to the pastor of the bride; if there are several pastors, let them be divided among them, or perhaps they can be given to the one who would otherwise have assisted.

4. They are not to be restored by the pastor if he acted from a reasonably presumed license, or if he did not have to seek the license because grave necessity excused.

5. Nor perhaps are they to be restored if the pastor remitted them without a just cause, because the law seems to be understood concerning fruits received; unless, however, he fraudulently took care that they be handed over to him under another title.

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 the matter has been referred to the Ordinary of the place or to a priest delegated by him, he has obtained permission to assist.

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 through a procurator or through an interpreter, unless there is a just cause and it is in no way licit to doubt the authenticity of the mandate or the trustworthiness of the interpreter, and, if time allows, the permission of the Ordinary has been had (Can. 1091).

The reason for this canon is clear from the necessity of driving away every error in so grave a matter. Therefore the pastor, before he assists, must be certain concerning the just cause of this manner of contracting, concerning the authenticity of the mandate, and concerning the trustworthiness of the interpreter; nor ought he to assist without the permission of the Ordinary.

Question 3. Does any priest of the diocese, exercising the sacred ministry without special delegation of the local Ordinary or pastor, validly assist at marriage by force of a general faculty conceded to him of administering all sacraments which do not require the episcopal order?

Resp. Negatively.

Question 7. "Whether Ordinaries and pastors, not only explicitly but also implicitly invited and asked, provided nevertheless that constrained neither by force nor by grave fear they ask for and receive the consent of the contracting parties, can validly assist at marriages?"

Resp. "Affirmatively." Thus the Sacred Congregation of the Council, 28 Mar. 1908. It is no longer required that the pastor assist as one invited and asked. - Cf. Can. 1095, § 1.

Question 11. Whether "exempt regular churches, according to the tenor of the decree, can be considered as the territory of the pastor or Ordinary in whose territorial district they are situated, for the effect of assistance at marriage?"

Resp. "Affirmatively." (S. C. de Sacr., 13 Mar. 1910.)¹

¹ Cf. Addenda, p. 1151, n. 126.

§ 1. But the pastor or local Ordinary assist licitly at marriage:

1°. When it has been legitimately established to them concerning the free state of the contracting parties according to the norm of law;

2°. When it has further been established concerning the domicile or quasi-domicile or monthly stay, or, if it is a question of a wanderer, the actual stay, of one or the other contracting party in the place of marriage;

3°. If the conditions concerning which in n. 2 are lacking, when license has been had from the pastor or Ordinary of the domicile or quasi-domicile or monthly stay of one or the other contracting party, unless either it is a question of wanderers actually journeying, who nowhere have a seat of stay, or a grave necessity intervenes which excuses from license to be sought.

§ 2. In any case let it be held as a rule that marriage be celebrated before the pastor of the bride, unless a just cause excuses; but marriages of Catholics of mixed rite, unless something else has been provided by particular law, are to be celebrated in the rite of the man and before his pastor.

§ 3. A pastor who assists at marriage without the license required by law does not make the stole-fees his own, and he is to remit them to the proper pastor of the contracting parties (Can. 1097).

Before marriage is celebrated it is necessary to observe the dispositions of law concerning free state, concerning banns, and all other things pertaining to it. Thus the Roman Ritual, tit. de sacr. matrim.: "The pastor, admonished concerning some Marriage to be contracted in his Parish, should first know from those to whom it pertains who and of what sort they are who wish to contract Marriage: Whether there is some impediment between them; Whether they wish to contract spontaneously, freely, and according to the honesty of the Sacrament; Whether they are of legitimate age, so that the man has completed at least fourteen¹ years, the woman twelve² years; and that each knows the rudiments of the Faith, since they ought afterward to teach these to their children." "Moreover, let the Pastor beware lest he easily admit to contracting Marriage wanderers and travelers and those who have uncertain seats; nor likewise those who have been married before, as are the wives of soldiers or captives or of others who are journeying, unless, after diligent inquiry has been made concerning all these things, and the matter referred to the Ordinary, license for celebrating Marriage of this kind has been had from him, which is to be conceded gratis." Finally, proclamations are to be made according to the statutes of law. By natural and positive law under grave obligation, the pastor is bound before he joins the spouses to institute an investigation concerning free state, that is, concerning their immunity especially from the impediment of bond and from all other impediments, both diriment and impeding. In no way can the pastor licitly proceed to the celebration unless it is established to him concerning this immunity. In this matter let there be compared the Third Plenary Council of Baltimore, Appendix, pp. 258 and following, pp. 274 and following, and diocesan statutes. Wernz, v. 4, n. 130 and following. Besson, Nouvelle Revue Theologique, tom. 40, p. 76. - Boudinhon, Le Mariage et Les Fiancailles, n. 71 and following. - McNicholas, The New Marriage Legislation, p. 35: This last little book, most excellently adapted to our conditions, is altogether to be consulted. - Cf. Can. 1067, § 1.

¹ Now, sixteen.

² Now, fourteen.

Question 1. What else must be established to the pastor before he can licitly assist at marriage?

Resp. It must be established to him concerning domicile or quasi-domicile or monthly stay, or, if it is a question of a wanderer, concerning actual stay in the place of marriage. By the Code quasi-domicile has been reintroduced into matrimonial law in relation to its celebration. - Cf. Can. 92, under n. 80.¹

¹ Cf. Addenda, p. 1112, n. 55.

Question 2. How is the place of marriage mentioned in n. 2 to be understood?

Resp. The place of marriage is the parish or diocese; parochial and diocesan domicile is given. - Cf. Can. 92 under n. 80.

Question 3. How is monthly stay to be understood?

Resp. Generally a month signifies thirty days. - Cf. Can. 32. But we ought not to interpret the matter too rigorously. Wherefore if someone, after habitation in the place has already been begun, were absent by chance for one or another day, this would not prevent him from being said, at the end of thirty days from entrance into the place, to have stayed there for a month.

Moreover, stay in a place here designates residence; thus it can be that someone works during the day in one parish, but has the seat of residence in another. His pastor for marriage is the rector of this latter, not of the former. Stay in no way requires continuous presence. Cf. Besson, l. c., pp. 78 and following. Gennari, Il Mon. Eccles., Sec. Ser., v. 10, p. 90. - Ojetti, l. c., n. 97. - Vermeersch, De Religiosis, v. 4, p. 176.

Question 4. What is required if neither of the spouses has domicile or monthly stay in the place of marriage?

Resp. The pastor and local Ordinary assist licitly: "when, if the conditions concerning which in n. 2 are lacking, license has been had from the pastor or Ordinary of the domicile or quasi-domicile or monthly stay of one or the other contracting party, unless it is a question of wanderers actually journeying, who nowhere have a seat of stay, or a grave necessity intervenes which excuses from license to be sought."

Question 5. Is monthly stay in a parish to be computed from the day of conversion, say of Titius, to the Catholic faith, or rather from his entrance into the parish?

Resp. The merely external fact of stay suffices for liceity, abstracting from the fact of the conversion of Titius to the faith. Moreover, the will of the legislator must be sought from the words of the law according to that saying: "The legislator expressed what he willed." But now only monthly stay of one or the other contracting party is required, without any discussion being had concerning their religion. Therefore only the material fact of stay is exacted for liceity, with the other things to be observed by law being observed. But this monthly stay must be morally continuous. S. C. de Sacr., 28 Jan. 1916.

Therefore license is to be sought from the pastor either of domicile or quasi-domicile or monthly stay of the spouses. - Cf. Vermeersch, l. c., n. 60. - Gennari, l. c., p. 30. - Bucceroni, Supplementum, n. 13.

This license, since it is not delegation nor necessary for validity, seems to suffice if it is presumed or interpretative. Thus Gennari, l. c. - Pezzani, l. c., n. 94. Grave necessity excuses from obtaining or even seeking this license, some urgent cause for the celebration of marriage, which cannot be deferred except with a notable inconvenience altogether, until license is obtained. In this case the pastor also assists licitly. Authors counsel that the reason for license not sought be preserved by some document, for avoiding inconveniences perhaps to arise afterward.

But if the pastor refuses to give license sought from a just cause, recourse can be had to the Ordinary or to the pastor of the other spouse.

Question 6. When does the pastor licitly assist at marriages of wanderers?

Resp. At the marriage of wanderers concerning whom in can. 91, the pastor, except in a case of necessity, should never assist unless, after the matter has been brought to the local Ordinary or to a priest delegated by him, he has obtained license to assist (Can. 1032).

Question 7. Who are wanderers according to the new Code?

Resp. Wanderers are those who nowhere have domicile or quasi-domicile. Thus the new Code, can. 91. And therefore the sense of wanderer is now fixed. The prohibition of assisting without permission of the Ordinary or delegated person, outside a case of necessity, extends itself to all wanderers who are held such according to Can. 91.

This license is to be sought either from the Ordinary or from a priest delegated by him for this. As is clear, in large dioceses it would be a very grave burden for the Ordinary to attend to this by himself. Canon 1032 meets this difficulty, by force of which he can designate priests in various parts of the diocese who may discharge this function. Therefore the pastor must have recourse to the delegate or to the Ordinary, but only after a diligent examination concerning free state has been instituted; and if there are any diocesan laws on this point, they must be observed exactly. Although it is established to him concerning the liberty of the parties, nevertheless he cannot take a step toward the celebration before license has first been obtained. Necessity would certainly excuse, for example, a marriage to be legitimated in a case of death, where there would be danger in delay; but even in this case the pastor is bound according to his powers to guard beforehand against the danger of nullity of the sacrament. - Cf. Vermeersch, l. c., n. 62. - Besson, l. c., n. 86; Pezzani, l. c., n. 98, 99. - Gennari, l. c., p. 31. - Creagh, l. c., p. 48.

Question 8. What if one of the spouses is a wanderer?

Resp. The disposition of this canon, which renews the Tridentine decree, must be observed. Therefore the pastor must bring the matter to the Ordinary or delegate, and, after permission has been received, he can licitly assist at the marriage without license of the pastor of the other spouse being sought; for he himself is then the proper pastor at least as regards the effect of this canon. - Cf. Vermeersch, l. c., n. 63. - Besson, l. c., p. 90, 1° (d). - Gennari, Il Monitore Ecclesias., Sec. Ser., v. 10, p. 90.

Question 9. Who ought to assist when the bridegroom and bride are from diverse parishes?

Resp. In any case, let it be held as a rule that marriage be celebrated before the pastor of the bride unless some just cause excuses. - Cf. Can. 1097, § 2.

The same must be said here concerning pastor as also before: namely, he is the one in whose parish the bride either is domiciled or quasi-domiciled or has already stayed for a month. Hence if the bride is subject to one pastor only by reason of that stay, but the man to another by reason of domicile, regularly the marriage is to be celebrated before the former, because he, in the sense of this law, is the woman's pastor.

By this paragraph a norm is established by which matters may proceed better. But from following this norm any just cause of convenience or utility excuses, indeed the very desire of the spouses, if they refuse to present themselves before another pastor. A grave reason is not required here, but simply a just one. Wherefore we also judge with Vermeersch, l. c., n. 64, that the obligation of this paragraph is not grave. Therefore pastors of brides ought not to be excessive in urging their right.

"Marriages of Catholics of mixed rite, unless something else has been provided by particular law, are to be celebrated in the rite of the man and before his pastor" (Can. 1097, § 2). Marriages both among the Greek-Ruthenian faithful and among the faithful of mixed rite are to be blessed in the rite of the woman by the pastor of the woman. Thus S. C. de Prop. F., 17 Aug. 1914, De Spirituali Administratione Ecclesiae Graeco-Ruthenae in Foederatis Civitatibus Americae Septentrionalis.

Question 10. What if the bride has domicile in one parish, but monthly stay in another?

Resp. The celebration can licitly take place before the pastor either of the domicile or of the monthly stay.

Question 11. Can this rule be observed when the bride is a wanderer?

Resp. Affirmatively of itself. "In any case," the canon says. And although very often there is a just cause of celebrating before the pastor of the bridegroom, nevertheless to the bride is attributed a right before the bridegroom, nor can any indication be found of a contrary will of the legislator. - Cf. Besson, l. c., p. 88. - Vermeersch, l. c., n. 64. Nevertheless see above, Question 8.

1°. For the valid celebration of Marriage the Code designates any pastor in his own territory; but for licit celebration, the pastor either of domicile or quasi-domicile or monthly stay. Therefore his competence for validity is restricted to the limits of his own parish; for liceity, to persons domiciled or quasi-domiciled or already staying for a month in the parish. Within his own territory he validly assists at all marriages; outside it, without delegation, at none. Within his own territory he licitly assists at marriages of his own people, whether by reason of domicile or quasi-domicile or by reason of that stay, but not of strangers without license.

2°. Since domicile is immediately acquired by the fact of habitation in some parish with the intention of remaining there perpetually, of itself it would be licit to celebrate marriage immediately.

3°. Simple monthly stay in a parish suffices for licit celebration; therefore whether someone happens to be there by chance, or went there purposely for the sake of wedlock, he contracts licitly in that place before the pastor. For stay in fraud of the law is no longer to be considered.

As regards the liceity of assistance within one's own territory, the following should be kept before the eyes:

Both parties have domicile or monthly stay in the parish of the contract; or only one party, while the other has it elsewhere or does not have it; or neither party.

As regards the first hypothesis: the pastor or local Ordinary, or one delegated by either, can assist from the first day of acquired domicile according to the things just said, or, if they are not domiciled, only after a month.

As regards the second hypothesis: that one party is either the bride or the bridegroom, and the other party, as we first suppose, is not a wanderer. If it is the bride, the pastor can always licitly assist; if it is the bridegroom, regularly the pastor cannot licitly assist unless there is a just cause excusing from the norm prescribed in § 2; if the other party is a wanderer, the matter is to be brought to the Ordinary or to the delegate, and license is to be obtained from him.

As regards the third hypothesis: when neither party has domicile or monthly stay in the parish of the contract, either each has it elsewhere, or both or one or the other is a wanderer. When each has it elsewhere, the pastor of the place of the contract ought not to assist before he has received license from the pastor of the bride; but if a just cause is present, let him have recourse to the pastor of the bridegroom; if, however, grave necessity urges, he assists by law without license. When both or one or the other is a wanderer, the matter must be arranged with the Ordinary.

The pastor, for example of St. Aloysius, licitly assists at nuptials between Titius and Bertha in the following cases, supposing that their free state is legitimately established:

1°. Titius and Bertha have domicile in the parish of St. Aloysius.

2°. Titius and Bertha have monthly stay in the same parish.

3°. Bertha has domicile or monthly stay in the parish of St. Aloysius; Titius has domicile or monthly stay in the parish of St. Joseph.

4°. Titius has domicile or monthly stay in the parish of St. Aloysius, Bertha in the parish of St. Patrick; nevertheless a just cause is present excusing them from contracting before the pastor of the bride.

5°. Titius has domicile in the parish of St. Aloysius, Bertha is a wanderer; the pastor of St. Aloysius has received license to assist from the Ordinary or from a priest delegated for that.

6°. Titius is a wanderer, Bertha has monthly stay in the parish of St. Aloysius. Necessity of celebrating immediately urges.

7°. Titius and Bertha have domicile or monthly stay in the parish of St. Joseph; the pastor of St. Aloysius has received license to assist from the Ordinary or from the pastor of the spouses.

8°. Titius and Bertha have domicile in the parish of St. Joseph; grave necessity intervenes excusing from obtaining the aforesaid license.

9°. Titius has domicile or monthly stay in the parish of St. Joseph, Bertha in the parish of St. Mark; the pastor of St. Aloysius has obtained license from the pastor of the bride, or from the Ordinary.

10°. Titius has domicile in the parish of St. Peter, Bertha in the parish of St. Mark. There is present a just cause excusing them from entering marriage before the pastor of the bride, who refuses to give license justly sought to the pastor of St. Aloysius. This latter has received it either from the Ordinary or from the pastor of the bridegroom.

11°. Titius and Bertha are wanderers; or, Titius has domicile in the parish of St. Patrick and Bertha is a wanderer. The pastor of St. Aloysius, after the matter has been brought to the Ordinary or delegate, has obtained license to assist.

12°. Titius and Bertha are wanderers; or, Titius has domicile in the parish of St. Patrick, Bertha is a wanderer. They present themselves before the pastor of St. Aloysius. The necessity of celebrating urges.

§ 1. Once marriage has been celebrated, the pastor or the one who acts in his place is to describe as soon as possible in the book of marriages the names of the spouses and witnesses, the place and day of the celebrated marriage, and other things according to the mode prescribed in the ritual books and by the proper Ordinary; and this although another priest delegated either by himself or by the Ordinary assisted at the marriage.

§ 2. Moreover, according to the norm of can. 470, § 2, the pastor is also to note in the book of the baptized that the spouse contracted marriage on such a day in his parish. But if the spouse was baptized elsewhere, the pastor of the marriage is to transmit notice of the entered contract to the pastor of baptism, either by himself or through the episcopal Curia, so that the marriage may be referred into the book of the baptized.

§ 3. As often as marriage 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 see that the entered wedlock be noted as soon as possible in the prescribed books (Can. 1103).

Therefore the pastor, or the one who acts in his place, is bound at once and accurately to describe the contracted marriage in the book of marriages according to the formula prescribed in the Roman Ritual or by the Ordinary. This statute, § 1, agrees with those things which are found in the Ritual: "When all things have been completed, the pastor by his own hand is to describe in the book of marriages the names of the spouses and witnesses and other things according to the prescribed formula; and this although another priest delegated either by himself or by the Ordinary celebrated the marriage." - Roman Ritual, De Sacram. Matrim.

It is known that among the obligations of pastors is the care of parochial books, which are named in the same Ritual, edition of Benedict XIV, in the last title. "The matrimonial books of the Church," says Wernz, v. 4, n. 198, "since they have been constituted by public authority in legitimate form, and the pastor presides over them by his office and as authorized witness, have full faith and force of public instruments, and the same is valid concerning attestations drawn wholly and duly by the pastor from the same books, unless falsification is proved."

Question 1. Who must make the description in the book of marriage?

Resp. The pastor or the one who acts in his place ... and this although another priest delegated either by himself or by the Ordinary assisted at the marriage. Therefore the description must be made by him who presides over the parish, or by him who habitually acts in the place of the former laboring under old age or infirmity.

Question 2. When must the pastor make this description?

Resp. As soon as possible; for this is clearly proclaimed in the law. Indeed, the best thing would be, when the nuptials have been celebrated, immediately to bring the spouses and witnesses into the sacristy and there to transcribe the acts into the matrimonial register, which is laudably done in many places. At least within three days the pastor must fulfill this function.

Question 3. What must the pastor describe?

Resp. The names of the spouses and witnesses, the place and day of the celebrated marriage, and other things according to the mode prescribed in the ritual books and by the proper Ordinary. In the Roman Ritual various formulas for various adjuncts are found, as for example if a delegate assisted, if denunciations were omitted or dispensations conceded. The Ordinary can also add other things to the prescriptions of the Ritual according to the customs of the region, which some Bishops have already done in certain dioceses, for example, concerning the signature of those about to be married and of the witnesses. In brief: in this matter let the pastor conform himself to the Roman Ritual and diocesan statutes.

Question 4. Is the obligation of describing marriages in the register grave?

Resp. Affirmatively, for it is a question of a matter of the greatest moment, namely that the validity of wedlocks be authentically established. Hence it is not only a mortal sin to omit the description, but also to defer it in such a way that from this there arises danger of forgetfulness or of errors in things necessarily to be noted. Indeed, it is clear to all how great are the inconveniences that arise for spouses if the description is either not made at all or not made in the proper mode. Moreover, this obligation arises from the quasi-contract which the pastor enters when he takes the office upon himself.

In the second paragraph of this canon a wholly new disposition of law is introduced, by force of which the pastor is bound to note in the book of baptisms that this baptized person, on such a day, contracted marriage in his parish. But if each spouse or one was baptized elsewhere, the pastor of the marriage must transmit notice of the entered contract to the pastor of baptism, so that the marriage may be referred into the book of baptism.

Question 5. What must the pastor of both marriage and baptism transcribe into the baptismal register?

Resp. If the words of the article are taken in themselves, it suffices simply to note at the end or in the margin of the baptismal inscription: this man (this woman) on the day - contracted marriage in this parish. But no one fails to see how useful it would be to add the name of the co-party, for example: this man (this woman) on the day - contracted marriage with NN. in this parish.

Question 6. What must the pastor of the marriage transmit to the pastor of baptism?

Resp. "Notice of the entered contract," that is, "NN. contracted marriage with NN. on the day - in the parish -." In this case the marriage itself is to be referred into the book of baptisms. Moreover, the pastor of the marriage is bound to transmit this notice to the pastor of baptism both of the bridegroom and of the bride, if they were baptized in diverse parishes.

Question 7. Is the transmission of this notice and the description in the book of baptisms obligatory?

Resp. Affirmatively, and indeed under grave obligation. For the end is that the change of state and the impediment of bond be established, and therefore invalid marriages be avoided. The process concerning free state will also be more expeditious. In preparing it, the pastor must ask from the future spouses a recent document of baptism.

Question 8. In what way must the pastor of the marriage complete this transmission?

Resp. "Either by himself or through the curia"; but which curia, his own or that of the place of baptism, is not decreed. Wherefore the pastor of the marriage will be free to transmit the notice to the pastor of baptism immediately, or by means of his own curia or the curia of the pastor of baptism.

Question 9. To what is the priest assisting in danger of death according to Canon 1098 bound?

Resp. He is bound "in solidum with the contracting parties to see that the entered wedlock be noted as soon as possible in the prescribed books." The reason is that marriage may be authentically established. Therefore the priest must as soon as possible give notice of the marriage to the pastor of the place of contract, who is to describe it in the aforesaid books and transmit a message to the pastor of baptism, if the spouses were baptized in another parish.

The obligation incumbent upon the assisting priest in solidum with the contracting parties is grave, as is clear from the end of the law. And because it is solidary, all and each are bound; but if one has satisfied the obligation, the others are released from obligation; if one is lacking, the others are bound.

Question 10. To what are the witnesses of a marriage according to the norm of Canon 1098 bound?

Resp. They are bound in solidum with the contracting parties to furnish the same thing to which the priest is bound with the contracting parties in the former case.

Instruction to Ordinaries concerning free state and the denunciation of an entered marriage with relation to the decree Ne Temere.

I. "It is recalled to the memory of pastors that it is not licit for them to be present at marriage unless it has been legitimately established to them concerning the free state of the contracting parties, with those things to be observed by law being observed; and the same are especially to be admonished not to omit requiring testimony of baptism from the contracting parties, if this was conferred on them in another parish.

II. "But that the things prescribed in n. IX, sec. 2, of the mentioned Decree may be duly observed, the denunciation of the celebrated marriage to be transmitted to the pastor of baptism should carry with itself the described 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 parochial seal added. But an accurate inscription should indicate the parish, diocese, town or place of baptism of the spouses and those things which pertain to writings to be safely transmitted by public carriers.

III. "If perhaps it happens that, even with the cautions concerning which in n. 1 employed, the pastor of baptism, in receiving the denunciation of marriage, discovers that one or the other of the contracting parties is already bound to other nuptials, he will signify the matter as soon as possible to the pastor of the attempted marriage." - S. Cong. Sacr., 6 Mar. 1911.

§ 1. The following are bound to observe the form established above:

1. All baptized in the Catholic Church and converted to it from heresy or schism, although either the former or the latter afterward defected from it, as often as they enter marriage among themselves;

2. The same, of whom above, if they contract marriage with non-Catholics, whether baptized or non-baptized, even after a dispensation has been obtained from the impediment of mixed religion or disparity of cult;

3. Orientals, if they contract with Latins bound to this form.

§ 2. But with the prescription of § 1, n. 1, remaining firm, non-Catholics, whether baptized or non-baptized, if they contract among themselves, are nowhere bound to observe the Catholic form of marriage; likewise those born of non-Catholics, although baptized in the Catholic Church, who from infant age grew up in heresy or schism or infidelity or without any religion, as often as they contract with a non-Catholic party (Can. 1099).