Br ief E xpl a n ati on of the Dec ree “ ” Ne T em e re : E mbod y i n g a ll the Dec i si on s o f the S ac red Co n i on s u to D c mb r 1 1 gregat p e e e , 9 2
FR STANISLAUS WOYW D F M O O . . , . .
THE DO LP HIN P R E SS P H I LA D E LP H I A “ P R A E S E NTI U M vir tute pe r m i tt i m us ut tr acta tu s A Brief E xplana ti o n
" ’ o f D r Ne T m r s w r n s N s r P . S n o Wo od O o the ec ee e e e , e tc . a ta i la y , di i t i alum n o ac l ec to r e ge n e r ali n ec n o n actual i ju r i s ca n o n ici co n scri ptu s et r i te r vi s i r e us et ro b atus ser va ti s al i s ur ser va n di s ur s fi e i o ssi t . p , de j e publici j i p D m i n n ve n u P ter n n si B n n ur am D S r Co t a so e S . o ave t oet . . atu ad , e aph i 2 die 1 2 D ecem b r a n no 1 9 1 . F R A n nu ! D F M s ws O . . . EN NE Y ,
m P R V . u . O
P R O V . S S . No w m s s u .
+ E D M UND US F . P R E ND E R GAS T
l l h i n i h i ad e . A rc h ep . P p e
‘ Co n n xc n r . 1 91 3
(the D OWN“ p ress ONT E NT C S .
P A CT.
ADV ANTAcz AND E X TEN T or TH E New M AR R XAGE LAws
T n : E NGAcxu zNT CON TRACT
M TANTNO or Tn z WORD P A STOR TN T R ! Na T zu m z
CONmTTONs P OR V Au o ASSISTA NCE or P ASTOR or Bxs n or
CONDm ONs FOR 14c Assra cx or P ASTOR on Brs n op
Deu cATTON or P ru ssr To Ass m AT M ARRI AGE
M AR R IAG! or P ERSON S IN D A c R 01" Dan a
M AN A GE I N D ISTR ICTS wu zas P R IEST CA N NOT a: H AD
R xcom c or M ARRIA GES
“ ” P zNALs s FOR V TOLATTON Ns Tzu m or . ” P ERSON S To wn ou T m : N E Tzu m A P P LI ES
“ P R OM ULQATION OF T H I NB T2 H R R E
S uoczsm F orm s 01? E NGAcm e T CONTRACT
I NOD :
N Tem Brief Explanation of the Decree e ere.
Advan tage and E xtent of the Decree.
l . The chi ef advantage of the decree on the engagement
r r r 1 A r 1 0 8 an d ma iage contracts which came i nto fo ce 9 p il , 9 , a r ises from the fact that it is a uni fo r m law for the Cathol ics o f the Lati n R ite practically in all pa rts of the wo r ld .
The dec ree of the Council of Trent i n the famous chapter " Ta m ets i , wh ich was meant to be of universal application , failed o f its pu rpose f o r lack of the n ecessary legal p romulga l l tion . H ence a those vexed questions about the pl aces where
r - T r i and whe e not the decree was binding , in wh ich the post r dentine pe iod abounds .
2 o r r r r r 1 . Questi ns elating to ma iages cont acted p ior to 9 A r 1 0 8 r r r p il , 9 , will have to be decided acco ding to the fo me l aws on the fo r m of the ma r r iage contract in diff erent coun F o r r r u r r r t ries . these we efe o eade s to th e many h a ndbooks
s of Mo ral Theology . Th e following pages pres ent a conci e o f and yet complete explanation th e new law , together wi th the s eve ral offi cial decla rations that have been i s sued by the r H oly See since the appea ance of th e decree .
. fi o r 3 The decree is di vided i nto fteen numbers a rticl es , most of which contain several sections . We will take them up a fi one fter the oth er i n the order of th e decree , giving rst a co r rect tran slation of the a r ticle and th en a brief commentary i n which the declarations of the Holy See pertaining to the r a ticle Will be explain ed .
Article I . T H E E N GAGE M E N T CO N TR ACT .
4. I . Only those engagements a r e conside r ed vali d and producti ve of canonical eff ects that have been cont racted i n
i o r writi ng and signed by the pa rt es and the pasto r , the bishop
o r two . o f th e diocese . at least witn esses 6 B R I EF EXP LANA TI ON OF
I n case one of the pa rti es o r both do not know how to
r w ite, this fact shall be noted i n the document i tself and an r additional witness shall be had who , together with the pasto , o r r n r o r two n s d oc the O di a y , th e wit e ses , shall sign the / ” n y me t .
N R COM ME TA Y A N D P OSIT IVE DEC ISIO N S .
r f o r n n n r a r e as 5 . The equisites a valid e gageme t co t act follows :
’ r r u ffi (a ) . I t must be made i n w iting and in wo ds which s
i n l r r r r No c e t y exp ess the mutual p omise of futu e ma riage . ’ particula r fo rm of wo r ds has been p r esc r ibed .
r c r n r (b ) . I t must have the signatu e of both ont acti g pa ties , r r a d and i f only one o r neithe of them knows how to w ite, an d i ti on al witness besi des those r equi red i n o r dina ry cases must sign the documen t and a note must be made i n the inst ru men t r No explaining the inabili ty of the pa ty or parties to w r ite . fixed fo rm of wo r ds to expl ain this i n ability to write has been p r esc r ibed ; hen ce a n y wo r ds that exp r ess the lack of k n owl edge of w r iting on the pa r t of the pa rty o r parties will answe r r th e pu pose .
n a r fi (c) . I t must have the sig tu e of either an of cial witness ,
r o r o r r . vi z . pasto bishop , of two p ivate witnesses I t has 2 been d eci ded that any bishop o r any pasto r may licitly and validly act as official witness of the engagement cont ract Al l though he is not the O rdina ry o r pastor of the parti es . that is necessa ry is that the bishop or pastor act as official r witness within the l imits of his r esp ective ter r ito y .
r o o r (d ) . The pa ti es an d the witnesses (bishop , past r, two p r i vate individuals ) must sign the engagement cont ract in 8
r e e r r . p s nce of each othe , as has been exp essly decided
fi r n r (e) . The certi cate must bea the day , mo th , and yea of ‘ th e engagement in o r de r to be valid .
1 F or va ri ou s fo r m s of the en gagemen t con t r act see Appen dix. 2 d . 1 . 2 8 . . S e i r S . C . n . 0 r 1 0 8 V I I . A d a S Co c , 3 Ma ch , 9 , ad dub , Vol 4 , p 7 ;
. s na . . 6 . ECCL w , Vol 39 , p 7 3 0 8 i . 1 . 1 0 . S . . n . 2 1 . . A d a S . S ed s , C Co c , 7 July , 9 , ad I dub , Vol 4 p 5 4 r . Same dec ee , ad I I dub “ ” TH E D E GR E E NE TEME R E . 7
6 . The qu estion a rose wh ether a pastor or a bishop could del egate another p r iest to act as offi cial wi tn ess of the engage “ men t contract and the S . Congregation answered that no such delegation will be recogni zed . I f therefo re a p ri est who e e is not a pastor, or , i f pasto r, is outside his pa rish , is requ st d s o r ca n to witne s the engagement c nt act , he act only as a p ri vate indi vidual and therefore he must call in another wit n ess togeth er with whom he ca n witn ess and sign the contract .
7 . I n the fo regoing a rticle we have spoken only of the new regulations concern ing the engagement contract . Other qu es
. r ca n tions , e . g , whether engagement cont acts be validly made whe r e either an i mpeding o r a di riment i mpediment r r stands in the way of ma iage , also qu estions of addi ng con d i ti on s to the engagement contract , all these must be deci ded acco rding to the fo rmer p ri nciples expounded by the autho rs on moral theology and canon l aw and need not be conside r ed
A - here . s for the much discussed qu estion of the validity of
- the engagement between a Catholic and a non Catholic , it r need only be said that , acco ding to a decision of th e 5 . Con re ati o n r 1 2 D g g of the Council to the O iental Bishops , ecem
1 888 - ber, , engagements between a Catholic and a non Cath olic , though made in th e legitimate fo rm , seem to be i nvalid in th e eyes of the Chu rch u nl ess a dispensation from th e i m pediment of mixed religion i s obtained p rior to the making of the cont ract . Th e above decree reads : E ngagements b e tween a Catholic and one who is a schismatic o r he r etic are ill ici t and utterly i nval i d u nless they a r e made afte r l awful " dispensation has been obtai ned .
8 . I n regard to engagements made by pa rt i es between whom stand other impediments that can be r emoved only by dispensation , we have no certai n decision on the nullity of such engagements and therefore th e autho rs a re divided on the point . I f a decision cited by Giovin e and commented upon 7 by Wern z is i n existence , the engagement would be quite inval id though made under the condition i f the Pope dis
S . C . n . 0 r 1 8 0 V I . Co c , 3 Ma ch , 9 . ad dub .
’ c i ovi n e D e D m on i s i . H a l n n n mo . Co t n ral sul a t io “ Ca n o n ic ae . I . . p , tom . p 3 0(z 7 W rn z D e rn l u: n n a! . . I I . No . e , to I V , tit , 9 5 3 BR I EF EXP LAN A TI ON OF
es s r pens , and a new consent to the engagement is nece sa y
r r n n afte the dispensation is obtained . Befo e the dispe satio is obtained both parties a r e f r ee to cont r act anothe r engage
ment . This is said to be the teno r of the dec r ee i n qu estion . Some authors have gone so f a r as to ass e r t that the engage ment co n tract woul d be invali d i f it is fo r eseen that such fu tu re ma r riage would be accompanied by ci rcum s tances that
- r will make it sinful . I t is a well known p inciple that no one can bind himsel f to an illicit actio n ; whe r efo r e if the obj ect of the cont r act is illicit o r made unde r a n ill icit condition on
i n r r the fulf lme t of which the cont act is to depend , the cont act a d o r r a n d . r p omise is null void Othe wise, i f th ese sinful
u n cts a r e c o n d i ti o s i n e ua n o n r t j not made a q , the cont ac will
n r . hold , though such agreement is made in a si ful manne
A s r i n r r 9 . the Chu ch the foregoing a ticle of the dec ee de n ies all validi ty to engagements that have not the r equisites t o a n r r o r r t n j ust men i ned , we conclude that o al p omise a w i te
a n r i s p romise defective i n y of the essential fo maliti es , bind
r r r ing neithe befo e the Chu rch nor i n conscience, as the Chu ch r denies all fo r ce to such engagements . I f a p omise is sai d
r f o r to have no fo ce o r validity , it can beget no obligation ; it is p r ecisely the sequence o f a valid contract that it imposes
an obligation .
r r n n r 1 0 . Th e pa ties desi ing to make the e gagement co t act a re f r ee eithe r to choose two p rivate witness es o r to go to any
r a r e pasto r of any Catholic pa ish , and not bound to go to thei r
r r . own pasto r . This is clea f om the text of the decree
1 1 n r . Will the engageme t be valid i f the cont act is made and signed by p r oxy o r p rocu r ato rs as r ep r esen tatives of the pa rti es ? This question h as n ot yet been decided by the Holy
r r r r . r See . Unde th e fo me laws this was pe missible No di ect r uling against the fo r me r l aw on this point is to be found i n
r r f o r the new dec ee . Th e only eason the doubt is that the de c r ee insists so much on the signatu r e of the contracting pa r ti es as one of the condi tions f o r the validi ty of the cont rac t and admits an exception only i n case the party o r pa rti es do not
know how to w r ite . “ ” TH E DEGR EE NE TEMER E . 9
1 2 . Fo r the cancell ing of an engagement contract no new so rules have been made in this decree . The rea ns , therefore, commonly hel d to be suffi cient by moralists and canoni s ts here tofore will also now suffi ce f o r the breaki ng of the engagement contract .
1 3 . The p roof of the existence of an engagement will now be by p roducing the w ritten cont r act ; wherefore it would be advisable in case of engagements made in p resence of pri vate
e r s r witness s to have two fo m signed in due manne , so that each r o f the contracting pa ties may have a copy , and th en the pos sible mal ice of one may not make impossible o r diffi cul t the ffi proof of the obligation . I f the pastor acts as o cial witness , he shoul d of cou rse keep on r eco r d the w ri tten document . I t eu is not , however, absol utely necessa ry fo r th e p roof of the a e m en t r f o r g g to p roduce the ori gi nal w itten contract ; , i f it has been made in wri ting with all the necessa ry fo rmali ti es and the document is lost o r destroyed , it may still be p roved by two competent witn ess es who had eith er been present at r the making of the cont r act or seen and read it . I f th e pasto fi has an engagement record , this record woul d be suf ci ent
o . p r of , j ust as a re his baptismal and marriage records
Arti cle II .
M E A N I N G or T HE WOR D PA STOR .
1 . 4 I I . By the name of pastor in the preceding , as well as i n the following , articles is to be understood not only the
r r r r p iest who p esides ove a canonically erected pa ish , but also , r in countri es whe e there are no canonically erected pa rish es , that p r i est to whom the ca r e of souls has b een l egi ti mately fi r committed within the limits of a de nite ter i to ry . I n mis sions where the ter r i to ry has not yet been perfectly di vided any priest who has been charged by the superior of the mis e u i va sion with the universal care of souls in some station , is q ” lent to a pas to r .
N COMME TAR Y .
1 5 . A s ma r r iages since the p resent dec ree came i nto force s o t can o ffi ci ate are invalid unle s c nt racted before a pas or , who o i m nly within th e l imits of his parish , it is of th e greatest 1 0 BR I E F EXP LANA TI ON OF portance th at the term pasto r an d parish should be r n A clea ly defi ed . rticle I I takes into account the condition of r r th e Chu rch i n the various count i es of the wo ld . The title pasto r is given not only to the r ecto r of a cano n ically es tab l i s h e d pa r ish who f rom his ve ry appoi ntment holds the
ffi f o r al l r r a re o ce li fe , but also to othe p i ests who invested r r with the fullness of the pa ochial minist y , no matter how they be styled i n th e di ffe r ent count r i es and what the state of r A l l the dist ict may be over which they have charge . th ese ca n be cl ass ed unde r the following groups
i s . r i n r a Pasto rs of canonical pa shes , as they exi t many Eu o pean countries .
t - r b . Rec o rs of quasi pa ish es (as in the United States and
r r r r r in many othe count ies ) , who by o de of the bishop p eside t fi r over a distri c with de nite bounda i es . (What is to be said o f r ecto rs of non - E nglish - speaking chu r ch es will be seen r A V unde rticl e I . )
r r n r c . Pa ochi al vica s of parishes belo ging to cathed al chap r r r te s or monastic o ders , who administer the pa ish by appoint r ment of th e chapter or the monaste y .
r r d . Parochial administ ato s appointed by the bishop du ring o r r the vacancy of a parish , du ri ng a p rot acted absence of the r ector .
r r r e . Pa ochial coadj uto rs assi gn ed to a ecto who is quite unabl e to atten d to his minist ry and yet is permi tted by the bishop to retain the titl e of the parish .
r r r f . I n missions and in some dioceses whe e the te rito y is not y et di vided into qu asi - pa r ish es with a r esident p r i est i n r fi b r cha ge and xed ounda ies , but where the faithful i n the va r ious dist r icts a r e pasto ri zed by several p r iests who t r avel r al l r s about administe ing the sac ament i n the places they visit , each of th ese is also entitled to witness the ma r r iage cont r act .
A o r r r 1 6 . ssistants cu ates assi gn ed to the pasto by the bishop do not come u nder the name of pasto rs so as to be by thei r own r ight entitled to ass ist at ma r riages . Even i n cases wh ere a pa r ish has one or mo re mission chapels attach ed to th e r r can main pa ish and attended by the assistants , the latte “ ” TH E D ECR EE NE TEMER E . 1 1
c not be considered as pasto rs , ex ept in cas es where by o rder of the bishop such a station is placed i n full cha rge of a p ri est c who , for wan t of a residence , may have to li ve i n the re to ry of anoth er parish . Some bishops have autho ri zed all regula rly appointed as s i sta n ts to witn ess all marriage contracts in th e parish to which they a re appointed , under, however, th e di rection and A obedience of the pasto r . bou t this and other kinds of dele ga ti on w e will speak under A rticl e V I of the decree .
Arti cle III .
GENER A L PR I NCI P LE FOR V A LIDITY or M AR R IAGE .
1 7 . I I I . Those marriages only are valid which are con o l aCe tracted ei th er before the past r or th e O rdina ry of the p , t two s o r a p riest del egated by ei her, and at least witnes es , in con formity , however, with the rul es laid down i n th e follow ing a rti cl es and saving the exceptions men tion ed below in A I ” rt icl es V and V I I I .
COMMENTAR Y . A 1 8 . s regards the qua l i fica ti o ns of th e two witn ess es at the t marriage contract who are absol utely requi red fo r its val idi y , r Al l no new egul ations have been pas sed . that is necessa ry ' is th at they must be presen t a n d actu ally capabl e of testi fying of thei r own knowledge that the marriage contract was made by the pa rties i n qu estion . To take without n ecessity non Catholics as witness es was exp r essly forbidden by decree of A . 1 1 8 1 . R l e the S I nquisition , 9 ugust , 9 ecent y the qu stion
. a was again p roposed to th e S Congregation , n mely , whether e bad Ch ristians or even heathens can be used as wi tn sses , and the answer was that “ i n regard to the qual i fications of wit nesses nothing had been changed by the n ew dec ree on mar n age .
S . . S ac r am . 1 r 0 1 1 . Ad a A os tol . S cd . vol . I I C de . 3 Ma ch . 9 . ad IV dub p . .
. 1 R w . . ev u . 3 1 0 . p 93 ; ECCL , vol 4 . p 7 1 2 BR I EF EXP LAN A TI ON OF
V Articl e I .
CO N DIT ION S FOR V A LID A SSISTA N CE ON T H E P AR T OF T H E A T P P S OR OR BIS HO .
1 IV . r 9 . The pasto an d bishop can assist validly only
F r n § 1 . om the day they h ave taken possessio of thei r b en efi c e o r n r fi r e a re have e te ed upon thei r of ce, p ovided th y not by public dec r ee and by n ame excommunicated o r sus
ffi pended from o ce .
n r r § 2 . Withi the l imits of th ei r espective te r ito ry ; i n which they assist validly at the ma r r i ages not only of thei r
- subj ects , but also of non subj ects .
. I r r 3 When nvited and equested , and not fo ced (to as
o r r r f o r r th e sist) by violence g ave fea , they ask and ecei ve r r consent of the cont acting pa ti es .
N COM MEN TAR Y A N D P OSIT IVE DEC ISIO S .
t i r on d i on . 2 0 . F s t c i I n the United States the r e is as a r ule no fo rmal taking possession of thei r offi ces by bishops and
r pasto s . The bishop shows the bull of his appointment to the ’ diocesan consulto rs and takes up his r esidence in the bishop s r r r house . Th e pasto s in most cases afte havi ng eceived th e ap poi n tment to a pa r ish take actual possession of the r ecto ry and
r a r r the e e no fu the r fo rmalities of a canonical int roduction . F ro r r r m the time, the efo e, that they actually ente upon th ei r o ffi ce they a r e entitled to assist at ma r r iages in the r espective places .
2 1 r fi fl e . Excommunications and suspensions f om of ce in ict d by a public dec r ee and wi th the mention of the n ame of the one so pu n ished a r e penalties ra r ely i n flicted by ec cl esiasti cal
r A o r autho ities . bishop can be thus excommunicated sus
n r pe ded by the Holy See only ; the pasto s , eith er by th e Holy
o r A u bl th e r See by the bishop . p i c decree means that supe io r issui n g the same also commands it to be made publ ic . The me r e fact that the document of excommunicatio n o r s us pe n sion became publ icly k n own woul d not dep r i ve a bishop o r a pasto r of th e r ight to assist validly at ma r r iages . “ " THE DECR EE NE TEMER E . 1 3
n T 2 2 e o n co di ti o n . h e . S c d bishop within his diocese and the pasto r wi thin his pa rish assist validly at all marriages , no matter where th e pa rties come from .
r r 2 3 . The e a re, however, p i ests vested w ith parochial rights s who cannot be sai d to have a defined district o r pa rish . The e are p rincipally the following
1 . R ectors of chu rch es of foreign tongu es .
r . 2 . Chaplai ns of hospitals and othe pious institutions
A r 3 . Chapl ains of the rmy and N avy and , i n E u ope , o f royal famili es .
2 4. I t was asked whether and for whom these p ri ests coul d assist at marriages . Th e answer of the S . Congregation was that pastors of chu r ches of fo reign tongu es who have no li m i ted parish district , but hol d the same district with other pa r ish es (e . g. , all the Germans of a town who li ve scattered th r ough two or th ree English - speaking parish es fo r m on e parish ) , assist val idly at all marriages not only in thei r own h r chu rc and recto ry , but also i n any place w ithi n the enti e dist r ict wh ich they hold together with th e other pastors . We va l i dl f or said he assists y , it is eviden t that h e assists illicitly at mar r iages of peopl e who a r e not of that tongue for which he is appointed pastor .
r r Gene ally speaking , this question of bounda ies should not l r be of much impo rtance , so far as th e va idity o f mar iage i s concerned ; fo r mar r iages should not be contracted except in
r . the chu rch (or the ectory , for mixed marriages ) I f this is done there is no dange r of in validity caused by a pasto r actin g outside the limits of his parish , for the marriage will be val id i r even though neither pa rty belongs to his parish . When C cu m sta n ces make it n ecessa ry or advisabl e to assist at a m a r ri a e g i n a pri vate house , then the question of parish bou nd a ri es is of the greatest impo rtance .
2 5 . The above answer does not cover all th e questions that will a rise i n the United States , with its many chu rch es o f di f r r ferea t languages . Where the e is but one pa ish fo r each o f th e various nations rep resented in a c i tv the question is settl ed
. . n . 1 r 1 8 . 1 S F r 0 d d . . 1 08 A d 8 . S c . C Co c , eb ua y . 9 , ad V I I I dub , vol 4 , p ;
E . R E vu w . 8 . 1 . CCL , vol 3 , p 43 I 4 BR I EF EXP LANA TI ON OF
n . r . . Ge r by th e above a swer But where the e are several , e g , s r man , Poli h , etc . , pa ishes in the same city , what limi ts have ? they I t woul d be absu r d to say that any of th ese pastors r may assist at any ma riage whatsoever in any pa rt of the city , r r at least validly . These seve al pa ishes of fo r eig n tongu es must have limits o r dist r icts of the C ity to which the people r living the e shall belong . Within the l imits of that dist r ict of the city only can such a pastor validly assist at all m a r ri a es o g ; though , as said before, licitly he can assist nly for his
r n parishione s of the foreign to gu e .
A ff 2 6 . r nother di iculty , as yet undeci ded , p esents i tsel f i n this case of pa r ishes of diffe r ent languages i n the same town
r - or city . I t is this . I f there are seve al English speaking pa r ish es with th ei r definite limits and several chu rches of fo r
e i n r g languages , one for each , are only th e pasto s of the chu rches of fo r eign languages whose pa r ishes extend all ove r the town entitl ed to assist at marriages anywhe r e at all in the
a r e r - r town , and the pasto s of the E nglish speaking pa ish es ? con fin ed to thei r parish es Co n si de r ing the terms of the law ffi r n and the above o cial decla atio , one must say that when ever the r e a r e fixed l imits to a pa r ish the pastor assists i n
validly outside those limits . I n the case j ust gi ven the pastors r r h o r of the chu ch es of fo eign l anguages seem , t eref e , to be r r more favored . I t will est with the bishop seve ely to punish e any such pastor who , b cause of the validity of his assistance, does not sc r uple to marry peopl e who do not legitimately b e n lo n g to the C hu r ch of a fo r eign to gue . I t may be also noted
- - s . i n that people, though born non English speaking countrie ,
fi r r who suf ciently unde stand the English language , are f ee to j oin an English - speaking chu rch and cannot be p r evented
f r om doing so by the pastor of the chu rch of a fo r eign ton gue . A . r F 2 5 . . 6 ( C of the P opag i de , pril ,
2 F 7 . inally , i f a pastor has a family or famili es belonging
r r r o r f o r to his chu ch who live in anothe pa ish , that matter, r r n . . in a neighbo i g town (e g , there is only one German chu ch A r r in the town and none in the neighbo i ng town B , whe e
r r e r the e a seve al families of that language) , the pastor of the German ch u r ch can validly and l icitly assi st at the mar riages
of the Ge rman famili es also in that neighbo r ing town . I t was “ ” TH E D ECR EE NE TEMER E . 1 5
s exp res ly decided that h e can do so , but fo r such pa rish t A i o n e rs only . Should the German pas o r of the town go into the town B and there marry peopl e who have no l egiti mate
r . claim to belong to h is Ge man parish , h e would act i nvalidly I t may be noted he r e that residence in a pa rish is the only o r d i n a ry way of becoming a member of a parish . The holdin g of a pew will not suffi ce ; and at least f o r ma r riage this rul e cannot be changed even by the bishop , as i t is a law enacted
r by highe autho ri ty . The bishop , however , has the right to decide fo r the descendants ’ of people of fo reign tongues whether and how long they c a n claim the chu rch of a fo reign language as thei r pa r ish chu rch .
2 8 . Chaplains of pious institutions of any kind who have been exempted by the autho r ity of the bishop f rom the j uris diction o f the pasto r in the l imits of whose parish the i n sti tu an d r tion is situated , have therefo e full parochial charge over
ca n . the insti tution , according to a decision of the S Con gregati o n vali dly assist by r igh t at the marriage of th e per sons in thei r charge and for those only , and then only within the l imits of that institution . I t must , however, be certai n that full parochial cha rge over th e institution has been committed to the chaplain . A 2 9 . Chaplains of the rmy and Navy or of royal families who exercise full parochi al r ights over thei r subj ects wh er ever they l ive , an d who therefore accompany them from a re place to place , entitled to assist anywhere at the marriage of one of thei r subj ects , as long as th ese same remain u nder " th ei r care .
n . 30 . Th i r d c o di ti on The bishop o r pasto r who ass ists at
to . e . a marriage must be i nvited assist and assist freely , i , h e must not be fo rced to do so either by viol ence o r g rave fea r . Th e H oly See was asked whether this i nvitation to assist on the pa rt of the contracting pa rti es must be an expl icit requ est , or wh ether an implicit one was suffi cient . The S . Congrega fi tion replied that an implici t reques t was suf cient . The W S . . n . 1 F r r 1 08 IX . C Co c , eb ua y , 9 . ad dub
S a r X d ub . me dec ee . ad ‘3 S . . n . 1 F r r 1 08 V II . C Co c , eb ua y . 9 . ad dub u S . . n . 0 r 1 08 IV d ub . C Co c , 3 Ma ch . 9 , ad 1 6 BR I EF EXP LANA TI ON OF
only pu rpose of sectio n th r ee of A rticl e IV is that marriages shoul d not be contracted wher e the pastor has j ust cau se to refuse his assistance and also to p r event those u n d i gn i fie d ma r r iages where the pasto r was fo rced to be p r esent while the parties p r onounced the wo r ds of co n s ent and thus i nsu r ed th e ’
r r r . F o r val idity of the ma iage, despite the pasto s opposition , ’ r r acco ding to the law of the Council of Trent , the pasto s pres r or fi ence, no matter wheth e willing u nwilling , was suf cient , so far as this point of the law is concern ed . Since the N e ” ’ r r r s Teme e came into fo ce, the pasto s a sistance must not be r me ely passive, but h e must freely assist , and , besides , he must put the question as to the consent of the parti es and get the answer . Some theologians had a doubt whethe r i n mixed ma r r iages also the pastor must put this qu estion or whethe r s he is to as ist as a passive witness , without taking any active r r r r pa t i n the ma i age ce emony . The r eason for the doubt was the l aw o f the Chu rch that demanded me r e passive assista n ce r of the pastor in mi xed mar r iages . The S . Cong egation of 1 ‘ the Council answe r ed that the pastor must put the question an d receive the answer ; but i n r ega r d to other functions the
r r e . fo mer l aws remain i n fo ce, i . , no eccl esiastical vestments a r e n o r r as to be used any othe part of the Ritual , such the
r . a r e r r i n bl essing of the ing , etc , and th at they to be ma ied
r r . r the ecto y an d not in the chu rch This decision , howeve , is 1 5 r changed by one of ve y recent date, demanding that the pas tor shall not even put the qu estion , but assist absol utely as a passive witn ess in cases whe r e the p romises a re stubbo r nly r efused and whe r e ther e is a r eason of g r eat impo rtance to e r j usti fy the assistance of the pastor . (More about this d c ee A r under rticl e X I of this commenta y . )
Ar V ticl e .
CON DIT IO N S FOR T H E LI C IT A SSISTA N CE AT M AR R I AGE ON
T H E P AR T OF T H E BIS HOP OR PA STOR .
1 V 3 . . They assist licitly only
1 A r h r . fte aving lawfully ascertained the f ee state of
r f o r r r e the contracting pa ti es , observing this pu pose the p s cri pti on s of law .
1 4 1 0 8 I I I . S . . n . 2 C Co c , 7 July , 9 , ad dub ”5 . Offi ci u m 2 1 n 1 1 2 . S , Ju e , 9
1 8 BR IEF EXP LA NA TI ON OF
a statement f rom the pastor of that pa rty to the effect that the
r r r s pe son i n qu estion is free to ma y . I f the diocesan statute insist that this tes ti m o n i u m l i b e r ta ti s is to be obtai n ed th rough
C O s r the hancery of the diocese, such law must be b e ved also ” w r r r unde the N e Teme e, as was deci ded ecently by the S .
Congregation .
F r r fi r 3 3 . u rthermo e, th e baptismal ce ti cate of both pa ties O r r r r r b must be btained p io to thei ma iage, as was demanded v 1 7 the S . Congregation . This will often delay ma r r iages i n
r r r cases where people were baptiz ed in a fo eign count y . Whe e
r o r there is mo ally speaking no possibility of getting , at l east g r eat inconvenience in getting the baptismal ce rti ficate befo r e
ta . marriage, the l aw cer inly ceases to bind
e o n on d i t o n . 34. S c d c i Though the l aw acknowledges as valid all ma r r iages cont r acted befo r e a pastor acting within
r r r his parish , even though the pasto should assist at ma i ages r of pa rties who i n no wise belong to his pa ish , for the Sake of
r r r a s law an d o der i n this impo rtant matte , the dec ee declares r r r unlawful , and the efo e sinful , th e assistance of the pasto at
- marriages whe r e both pa r ti es a re non subj ects . N ecessa ry and s u ffi ci en t ' f o r lawful assistance is not only a pe rmanent ’ r residence of either party in a pa ish , but also one month s stay r r f o r r befo e ma riage, so that , instance, in case the b ide stayed on vacation for a full month in some pa r ish the pasto r of that place has a right to assist at that ma r riage if the pa r ties desi re r to marry the r e . This hol ds good also i n case the b i de in
r . ca n qu estion has a regular esidence i n another pa rish She ,
r r r r . therefore, choose to ma y in eithe pa ish That this is the A t r ue meaning of the N e Teme r e is cer tai n . ctual res i dence of either pa rty f o r one mon th i n a parish enti tl es the pasto r of such pa r ish to assist lawfully at the ma rr iage . I n 1 8 c fa t , Rome has decided that nothing else but the domicile (pe r manent residence) or the actual r esidence of on e full A l l r i s er . month , no matter why one stays th e e, to be consid ed
1 ° I . S . C n . n . 1 r r 1 08 X o g Co c , Feb ua y , 9 , ad dub 1 7 S d . . 1 0 2 . A or t . e m . 6 r 1 1 1 Acta C n . S ac r a S . o g de , Ma ch , 9 p vol 3 , p ;
E c . R . . 8 . EVIEW , vol 44, p 5 5 1 3 m . 1 C 8 . an d S . Con r . S ac r a , n . 0 r 1 0 S . . Co c , 3 Ma ch , 9 , ad V dub , g de 3
r 1 1 0 . Ma ch , 9 , ad V dub “ " TH E D ECR EE NE TEME R E . 1 9 fo rmer regul ations concerni ng the qu asi - domicile a re to be A considered abolish ed . month in law is a period of thi rty A t consecutive days . qu estion a rises here whe her a pastor can ' licitly assist at the ma r r iage i f the thi rty days stay of the pa rty is inte r rupted by absence for one or mo re full days .
That one can be away fo r a time du r ing the day no one doubts . The question has not been decided by the autho rities ; where r r r fo re autho s are di vided , some equi ing that such a pastor shoul d get permission to assist from the regula r pasto r o f the
r s f o r pa rty . Still we a e commonly said to have tayed a month in a place even though we l eave that place now and then for pleasu re o r busin ess . I f , th erefo re , such an i nterruption of r r stay at a place is not f equent , it is p obabl e that it would not be consi der ed at all and consequently woul d not depri ve the V e r e r fi pasto r of h is ri ght to assist . m e sch thi nks it suf ci ent fo r th e pa rty to stay as m a ny days longer as one was absent r r and thus complete th i ty days befo re mar iage .
o r r n r 3 5 . The domicile eside ce spoken of in th e decree Off e s A fi . some dif culti es , too cco rding to the common law of th e r r Chu ch , a domicil e is acqui ed by settli ng down i n a parish r with the intention of staying the e for good , unl ess u n foreseen C i rcumstances should fo rce or induce one to change th e resi f r r . r o o d en ce Those , therefore , who rent apa tmen ts a year any definite n umbe r of yea rs can not be said to have a canonical r r domicile or r esi dence . Whe efo e it will not be enough fo r either pa rty to rent apartments and move into another parish in o rder that a pastor ca n assist at the ma r r iage of such pa rty . The person in qu estion must fi rst have l ived i n the new parish r h r for a month , i n orde t at th e pasto may by right assist at th e ma r ri age . But i f a person does acqui re a canonical domi
r r cil e in a new pa ish , th e fact of having moved the e and th e intention to stay the r e fo r good would be enough to entitle th e pasto r to ass i st at his or h e r marriage even on the very fi rst r day o f esidence i n the n ew home .
6 . r h . e . 3 I t may be emarked t at minors , i , those u nder th e
- r r age of twenty one yea s , have thei domicil e i n the house of th ei r parents an d ca n up to that age always be mar r ied by the r r t pasto r o f th e pa ents , even though the mino s fo r a long i me p rior to ma r riage have no t been l ivi ng with th ei r parents . 2 0 BR I EF EX P LANA TI ON OF
Law itsel f gives them this domicile, which they cannot lose r as long as they are mino s . O f cou rse , they are not p revented f r om getting ma r r ied i n some othe r pa r ish ; for i f they h ave li ved the r e f o r at l east a month the pasto r the r e is entitled to
marry them .
f r . : o 3 7 Canon law also admits two domiciles thus , ex a r r r ample, winte and a summe esidence, i f one regularly lives r r about hal f a yea in each . I n this case th e pastor of eithe place woul d be entitled to assi s t at the ma r r iage of such a
pe rson .
r r i 3 8 . I n rega d to the obtaining of necessa y dispensat ons r for marriage, it is a su re principl e that the bishop can exe cise his faculties f o r those only wh o in the matter of mar r iage a r e ” r his subj ects . The dec ee N e Temere entitl es the bishop to make use of his faculties of dispensing i f the pa rti es that
intend to ma r ry have been at l eas t one month in his diocese . n I n impediments that are common to both , e . g. , consa guinity , ’ ffi ffi r a nity , etc . , i t su ces that one of the pa ti es is the bishop s
subj ect . I n impediments of mixed religion , dispensation can “ be obtained only from the bishop of the Catholic party .
h i o n di ti o n . 3 9 . T r d c I f neither of the cont racting parti es r has lived at l east for a month in the pa ish , the pastor must get p e rmission f r om one of th e pastors o r f r om the bi s hop of o ffi ci ate the parties . Th e bishop also who wish es to at the marr iage of persons neither of whom has lived at least f o r a r o r month in h is diocese, needs permission of either the pasto
the bishop of one of the parties . This permission shoul d be O r r r o r btained f om th e pastor of the b ide, as ma ri age i n the
d i n a r r . y cou rse of l aw has to be cont acted in h is parish Still , r f o r i f he efuses , permission can be asked of the bishop and ,
r . j ust eason , also of the pastor o r the bishop of the b ridegroom 2 ° I t has been deci ded offi cially that the pe r mission can be given by the pasto r i n whose pa r ish one of the pa rti es stayed r r r r only one month p io to the date of ma iage , though this r r party o both may have a regular domicile . Only a g ave r r necessity , and not me ely any good reason , will excuse f om
1 ° i n n . W rn z torn . IV . I . 0 1 C . J n r D ecr cta l i u m f e , , , ed , p 9 , ota IV 2 ° S . C n . S e t . 1 r 1 1 0 . o g de c am , 3 Ma ch , 9 , ad V dub “ " TH E D EGR EE NE TEMER E . 2 1
Obtai ning this permission in cases where neithe r pa rty belongs to a pasto r who wish es to assist .
I s F o u n d i ti o n . n 40 . rth co ca e neither of th e parties has a residence o r has stayed one month in a parish before he or she wants to get married , but both h ave been roving about, no pas to r ca n assist at such a ma r r iage without fi rst consulting his A t bishop o r a pri est delegated for such matters . real necessi y only will entitle a pastor to act in such cases without the permis 2 ’ O f sion his bishop . I t h as been declared exp ressly that only th ose can be call ed va gi who have not stayed a month i n any parish . We think though that the mind of the decl aration is that it wil l not suffi ce if one or both of the pa rti es had stayed for a month i n some parish years ago ; they must recently have stayed in some pa r ish fo r a month .
i n 1 F t t n . 4 . f h co di i o The rul e is that marriages are to be contracted before the pasto r of the b ride , unl ess some j ust t reason excuses . I n ca se the pastor of the b ri de obj ects hat the marriage was contracted before the pastor of the b ri de s groom , he is not to mole t th e parties , but to ask for an ex planation from the pastor who assisted . I f no explanation is r o n e given or an u nsatisfacto y , the pastor of the bride h as a r ight to complain to the bishop of the other pasto r . Where fore the pastor of the b r i degroom must be p repared to show a j ust reason that entitled hi m to witness th e marriage in r p reference to th e pasto r of the b ride . N o very se ious reason is requi red and the decree evidently leaves the j udgment about fi T o th e suf ci en t reason to th e pasto r of the bridegroom . give r r an exampl e , a good eason would ce tainly exist i f the b ri de
r groom is a b rothe or a nea r relative of the pastor .
2 . i s 4 The qu estion is also raised whether, i n case the b ri de
- a non Catholic , the ma rriage should take place befo re the r e n th e pasto r i n whose pa ish th e b ride l i v s , rather tha befo re ’ groo m s pasto r . I t can be safely asserted that this case is not c s onsidered in th e above ru l e, which requi re that th e marri age ’ e T shoul d o rdina ri ly be cel b rated i n the b ride s parish . h e bishop may th erefo re pass a regulation on th is head so as to p revent any possibl e dispu te . Some of the Bishops of the
S r ed . ame dec ee . V dub 2 2 BR I EF EXP LANA TI ON OF
United States have al r eady given a r ule f o r thei r dioceses on r r this point . O f th ese some equi e that the ma r r iage take pl ace
r - r r r i n th e pa ish of the non Cathol ic b i de , othe s i n the pa ish
of th e Catholic party .
F r f o r n . h 43 inally , anot e point the licit assistance has bee 2 2
r r . r fi added by a ecent dec ee, vi z , that the baptismal ce ti cate is to be obtained befo r e ma r r iage i f eithe r one o r both of the pa r ties ma r ry in a pa r ish whe r e they h ave not been baptiz ed
r fi r This ul e has i ts dif culties i n the United States , whe e peopl e r l r r r come f om a most every count y unde the sun and whe e , r r O o r mo eove , they ften do not know i n what place what chu rch r r r r m s they we e baptized . Whe efo e it will be p actically i po r fi o r sibl e in many cases to get th e ce ti cate at all , at l east not A d r i n time for the ceremony . d to this the cases whe e th e
r r o reco rds we e not kept with exactness , cases wh e e it is al m st r s impossible to keep a record , as in many pa ts of ou r State , whe r e the r e is no regular ca r e of souls possibl e i n the scatte r ed r r r o r r districts , cases where eco ds we e lost dest oyed by acci an d r r ca n dent , i t will appear at once that f equ ently the ule
not be en fo r ced . We concl ude then that there is an obligation s et r fi r r r i n con cience to g the baptismal ce ti cate befo e ma iage , r r o o r i f possibl e, but wh e e it is , p actically speaking, imp ssible
attended with ext r ao r dinary diffi culty this obligation ceases .
Article V I .
ON DELEGAT I NG A N OT HER PR IEST TO A SSIS T AT M AR R IAGES .
V I r r ca n 44. . The pasto an d the O rdina y of the place r fi a give permission to anoth er p i est, speci ed and cert i n , to r assist at marriages within th ei r dist icts .
r r y The delegated p i est , in o rde to assist validly and licitl , must obse r ve the l imitations of the mandate and obse r ve the r ul es l ai d down fo r the pasto r and th e O r dina ry of th e dio cese in th e above A rticles IV and V
COM MENTAR Y A N D P OSIT IVE DEC I S IO N S .
r r 45 . The bishop of th e diocese and the pasto have the o di
r . na y power of delegating I f , as i n some dioces es , th e as s i s ta n t p r i ests are app roved with the fulln ess of the pa ro
2 2 S . . S e t . 6 r 1 1 1 . C de c am , Ma ch , 9 “ " TH E D E GR EE NE TEMER E . 2 3
a re r r can chial mi nistry , they pasto rs in rega rd to ma iage and r del egate . I t is understood that fo r th e l icit use of thei powers they a re subj ect to th e pastor to whom they are as ca n r r si gned . The delegation be given eith er o ally or in w it ing .
The pe rson delegated must be a p ri est and must not be s u s pended from his minist ry no r excommun icated by name and th rough a publ ic dec ree .
The del egated p ri est can assist only within the l imits of the diocese of the delegating bishop or th e parish of th e dele gating pastor .
The delegation must be gi ven to a cert ai n an d speci fied p r i est ; wherefo re pastors shoul d gua r d themsel ves against delegation gi ven to any p r i est who might chance to come to the parish in his absence , o r any priest the pa rties may like to 2 “ call . The S . Congregation was as ked whether a special r delegation was demanded in eve ry ma riage case , o r whether fi a general delegation was suf cient . The answer was that on th e point of delegation th e former r ules of canon law were fi not changed , except that it must be gi ven to a certai n speci ed p ri est , and that he cannot act except within the parish of the del egating pasto r . I t does not seem to be against the decree for the pasto r or the bishop to delegate several speci fi ed p ri ests to assist at one o r at all mar r iages i n the parish o r the diocese . To insu re the validity of the delegation in cases whe r e it is not su re whether the priest who is asked by a pasto r to assist at a ma r riage in his place will be f ree that day and may the r e r fo re have to request another p i est to attend to the marriage, it will be advisabl e always to add or a p ri est whom you may send . By this clause the pasto r would suffi ciently express fi r r F o r that he gives the rst p i est the ight to subdelegate . it depen ds on the will of the del egating pasto r to give to the one fi th rst delegated the right to subdel egate . I f a pri est has tempora ry administrati on of a pa r ish in th e prolonged absence
r s h a s o r du ing th e ickness of the pastor , h e o f cou rse full paro chial ri ghts in the pa rish and can himsel f assist at ma r riage s and also delegate another pri est to assist .
3 ’ S . . on . 2 1 08 IV . C C c , 7 July , 9 . ad dub 2 4 BR I EF EXP LAN A TI ON OF
6 . r 4 P resumed delegation in th is matte is not valid , even though one is abs olutely su re the pastor would have had no r s r A obj ection to anothe assi ting at a ce tain ma r riage . law does not allow one to a ct on p r esumed permissio n where i t ff a ects the val idi ty of an a ct .
F n r . r r 47 i ally , the following case i n efe ence to this a ticle 2 ‘ r r r of the N e Teme e was p oposed to the S . Cong egation Th e assistants of a certai n pastor had not r eceived power to r r r assist at ma iages either f om the bishop o r the pasto r . N eve rthel ess the assistants without asking expressly f o r dele gati on went on marrying peopl e and ente r ing thei r names in r r n r r th e eco ds u de thei r own signatu e . The pastor sai d noth
r r i ng to the assistants , knowing of cou se what they we e doing . r The S . Cong egation was as ked whethe r sai d marr iages by the
O r . assistants , since the pastor did not bj ect , we e val id The answer was that they need not t r oubl e themselves about said r r ma riages . Th is answer was gi ven afte the matter had been F referred specially to the H oly F ather . rom this decision we see that th e ta ci t d el ega ti o n under which th e assistan ts wit
n essed r . r the marriages is not altogethe rej ected Neve thel ess , as n many authors de y the vali dity of tacit del egation , the mem Of r bers the S . Cong egation did not want to deci de the qu es r r r r tion by thei r own autho ity , but efe red the matte to H is
Holi ness f o r decision .
I t was fu rth er asked whether the assistants acted l i ci tl v wi thout r equ esti ng an expl icit delegation from the pastor . To
r r this th e S . Cong egation answered that the o rdinary cou se of l aw shoul d be followed . w . F r r 48 u the more the question was put , in connexion ith t the case j ust mentioned , whether the custom o f the assis ants
al l o r r performing nearly all mar iages may be tol erated , o r wh ether the pastor was to be u r ged to assist in person unl ess excused for a l egitimate a n d weighty r eason . Th e answer was that the a r chbishop had a r ight to u r ge the laws of the
r . P ovincial Council , if there are any on this point
to 49 . Lastly , th e delegated p ri est must attend any l imi ta tions attach ed to his del egation , and he must in each cas e be
2 ‘ S acr am . 1 ar 1 1 0 V I d ub . S . C . de , 3 M ch , 9 , ad
2 6 BR I EF EXP LANA TI ON OI"
ci a ti o n which conti nu es even at the time wh en one of the pa rti es is i n g r eat danger of death ; o r does this clau s e entitl e
r r r r f o r the p i est to ma y such pa ti es without delegation , even i f othe r r easons ma r r iage would b r ing r eli ef to the mind of the
n r . . r r one i n da ge of death , e g , easie means of estitution , the
r f o r n question of p oviding the illegitimate child o r chil d re .
r V e rm e e rsch V I I r rs Some autho s , notably , say a rticl e efe to a n y case in which marri age may ease th e conscience of the
r o f r r one i n dange death . The eading of the a ticle seems rather to imply cases of ill egal mat rimonial r el ations which a r e a constant occasion of sin to the pe rson in dange r of r death . Still this interp etation of the law is not so su r e as to
r r n . r r r a s set aside the cont a y opinio The m ilde inte p etation , V e rm e e rs ch r . and othe authors take it , may be safely followed
f r c 5 3 . I n regard to the l egitimation of the of sp ing of illi it inte r cou rse i t may be well to r emind the r eade r that the chil d r en will become l egitimate i n the eyes of the Chu rch o n ly in cases whe r e the r e was no di r iment impediment to ma r r iage r r i l l e i ti between the pa ti es , at least at the time of bi th of the g F o r r r o ff mate chil d . no incestuous , adulte ous , sac ilegious r r a n v sp in g, nor any chil d bo rn at the time when the e existed ot r n e w r l e i ti her di ime t impediment b t een the pa ents , can. be g mi z A s ed me r ely by subse quent ma r riage . special dispen a
tion is needed f o r the l egitimation of such chil dren .
r 5 4. What about dispensation from di i ment i mpediments i n such a ma r r iage on the deathbed whe r e the r e is no time to ? get the dispen s ation in the o r dina ry way Th e Holy See was 1 1 0 a n d r requested on 4 M ay , 9 9 , to give, did give , to all p i ests who i n this case assist at the ma r r iage th e r ight to dispense r r from all the di riment impediments of ma iage , excepting only p r iesthood and affinity i n the di r ect l ine arising from 2 5 r r l awful ma r iage . Being asked again wheth er the p i est could make use of this faculty only i n case the dying pe rson is 2 ° an r actually l iving in concubi nage, the H oly See swe ed that
the faculti es are good even outside the case of concubi nage , i f
2 5 68 . I . 0 . A t A os tol . S ed . . S . C . S acr am . 1 1 c a ; de , 4 May , 9 9 p , vol p 4 h i s n r on R . 1 . 2 0 . r n l G n n r i n ECCL . EVIEW , vol 4 , p 3 Ca di a e a i Comme ta y the ” s r as r n n an ri s s Ne Teme r e ( 1 90 9 edit . ) take the dec ee g a ti g to y p e t al o the
r s n s n r tn s s s n i s s s i . powe of di pe i g f om the two wi e e , whe it impo ble to get them 2 ° 6 6 I . l . S ed . . C . 1 0 . os to , A u t . A r m . 1 6 A c a ; . . S ac a 5 S de , g , 9 9 p , vol p
. R . 1 . 86. ECCL EVIEW , vol 4 , p 5 “ " TH E D EGR EE NE TEME R E . 2 7
ma rriage would ease the consci ence of the dying person . Therefo re no res t rictions a re made as to the reasons that may ' V e rmee rsc h s O b ring relief through ma rriage . Thus pi nion men tioned above has recei ved additional weight , though this answer is not di rectly to the poi nt discu ss ed i n the p receding pa ragraph .
r . e 5 5 . The e is one mo re qu estion Can there be a disp nsa tion from the pres ence of the two witnesses ? The pri est who is not th e pastor of the pa rti es h ere concern ed must ab sol u tel v have the two witnes ses to this marriage contracted in great t to danger of death , b ecause h is seems be stated i n the d ec ree
1 1 0 . of 4 M ay , 9 9 The bishop an d the pasto rs delegated by e r 2 0 P him with the faculti s which the bishops ecei ved , eb ru 1 888 i n r a vi ssi m o m orti s e r i c ul o a ry , , to dispense g p from all i mpedimen ts excepting only p ri esth ood an d affi nity in the r di rect line a ising from lawful marriage , can dispense from the impedim en t of clandesti nity , which , of cou rse, means to dispense from employing any witn esses and h aving the mar
r As r i a ge take place before the p iest only . long as th ese a r e faculties not revoked , the explanation given seems to be i n c ac o rdance with law , as no privilege is revoked by the grant ing of another , unless on e is incompatibl e with the other . This 1 1 0 is not the case here , fo r the l atter p ri vilege of 4 M ay , 9 9 , refe rs to those priests who had not the powe r of dispensing r from the impedi ments . There were many of these , since the e were bishops who had never delegated the pastors of thei r dio s ce e fo r such cases , and even i f the pastors of a diocese were delegated there were the many assistants whom the bishop
. r could not delegate This p rivilege therefo re is gene al , whil e the one of 1 888 was particul ar . There is no reason th en to as sert that the p ri vilege given to the bishops was revok ed b v th is general concession to all the p riests of th e Chu rch .
Arti cl e V III .
FOR M OF M AR R IAGE I N DISTR ICTS WHER E A PR IES T CAN NOT
BE H AD.
. V 5 6 I I I . I f i t should happen in any dist rict th at neither
‘ o O o s e th e past r nor the rdina ry of the di ce e , nor a p ri st dele ca n an d c f i gated by either , be had , this ondition of af a rs h as 2 8 BR I EF EXP LANA TI ON OF l f o r r r can val a ready l asted a month , ma iage be entered into idly and lici tly by the formal decla r ation of consent by the ” r cont acting parties i n p resence of two witnesses .
COM MENTAR Y A N D P OSIT IVE DEC ISIO N S .
r r r r 5 7 . Under the Tri dentine law a p ivate ma iage befo e two witnesses was acknowledged as vali d in case of a long standing impossibility i n ce rtain dist r icts for one to get to r thei r regular pasto . The length of time of this impossibili ty was not exa ctly dete r mined . The new l aw at l east lays down the length of time that th e absence of a p ri est o r the i mposs i b i l i ty to r each him must have existed befo r e ma r r iage is al r r lowed without the p esence of a duly autho i zed priest .
a r e r ffi There , however, seve al di culti es regarding the mean
r s n ing of the a ticl e in qu estion . Some of the e have bee solved r fi by the Holy See ; oth e s are still awaiting de nite answe r .
e r r o r r 5 8 . When the d c ee says whe e the pastor a p i est with delegated faculti es cannot be had , it i ndicates that the th e r ffi r absence of p i est only is not su cient , but that ci cum stances must be such that the p r i est can neither reach th e
e r r . pa rti s nor the pa ti es each hi m , without great i nconveni ence r r I n this sense the dec ee was expl ai ned by the S . Cong ega 2 7 tion .
2 ” I t was fu r ther decided that the absence of the p r i est for one month f rom a place is not i nte r r upted by an unexpected visit of the p r i est about wh ich th e faithful did not kn ow . This has certainly to be taken i n the sen se that the greater pa r t of the membe rs of the mission or station did not kno w abou t his visit, though a few might know of it .
r e n o r d i str t r i n 5 9 . The wo d r gi o i c is also subj ect to va ious
i . t erpr eta t on s . H ence the S Congregation was asked what r o r r o r r f a r was meant by egion dist ict , rathe how away must the contracting pa rties live f r om the place whe r e the r e is a r r t p riest entitl ed to assist at ma riages , i n o der that th e par i es may val idly and licitly ma r ry without the presence of the 2 ° ri r p es t. The answe was that this can be done after the lapse
2 7 S . C. n . 2 1 08 V . Co c , 7 July , 9 , ad dub 2 3 S r V I d ub . ame dec ee , ad 2 9 S . . S acr am . 1 r 1 1 0 I d ub . C de , 3 Ma ch , 9 , ad “ TH E D EGR EE NE TEME R E . 2 9
th e i of a month , i f pri est cannot be had o r th e pa rt es cannot go to hi m without great incon ven ience . This answer left the fi l k dif cul ty , p ractica ly spea ing , where i t was before , as it l eaves th e j udgment of the suffi cient i nconvenience to get the p ri est to p rivate i nterpretation . E vidently the S . Congrega tion did not want to determine any number of miles as a sufh cient reason fo r contracti ng marriage without a pri est . N a tu ral l y this could hardly be don e , fo r i n some cases where the priest l ives only six mil es away from a station it may mean a great i nconvenience fo r hi m o r fo r th e parties to cover that
r distance , e . g. , th rough lack of t ains o r trolleys , high mou n tains an d very bad roads ; whilst i n other cases 1 5 and 2 0 mil es could be covered in a sho rt time and with l ittl e expense .
A ff i n con 60 . t nother unsolved di icul y is , whether the great v en i en ce to reach the pri est must be common to a l l o r whethe r th e impossibility fo r indivi duals to reach the pri est is s u ffi cient to permit these to ma r rv without the assistance of th e f priest , e . g. , poor peopl e who cannot af ord the expense of al traveling, especi ly when th is is to be don e by horse and car r i a e th e g , and one of pa rti es is not well enough to be abl e to D e travel , and such like cases . Becker says the law appl i es i m only to public or common i mpossibility , and therefore the possibility o r great incon veni ence to have th e p ri es t must be general in a place o r district i f marri age without the pri est is th s to be valid . Still e wo rd of the decree have not necessarily r to be taken in this sense . The words of the dec ee emphasi ze chi efly th e fact that the pasto r or a p r iest with delegated f ac ul ffi h as ti es cannot be had without great di culty , and that this been so fo r a month . I s there then no possibility f o r peopl e in un favorabl e conditions to get marri ed i n case they cannot go to th e p r iest and the p r i est for on e reason or another do es not want to go to th em o r cannot go , because h e is , e . g. , sick or must simply be at the place of his residence for a few days at st ated intervals an d for th e rest o f the time is visiting other stations ?
1 r 6 . What is to be said about th e val idi ty o f the ma ri age of those who deliberately go to a district where a priest cannot be had in order that th ey may contract marriage without th e ? n t To i r assista ce of a pries do th s on pu pose is certai nly i ll icit , 3 0 BR I EF EXP LANA TI ON OF
8 0 r r but th e ma iage will be valid , as has been decided , by the
r . S . Cong egation
2 F s r r r 6 . ca n inally , in cas e whe e ma iage be lawfully con t r acted without the assi s tance of a p r i est i n p r esence of two f o r ffi l witnesses , it is lawful the coupl e to go to an o cia of the Gove r n ment entitled to witn es s ma r r iage cont r acts ; in fact i t may be the o n ly way to l egitimi z e thei r ma r riage in the ey es I of th e Gove r nment . n States in o u r Unio n whe r e the s o
. e . r r r r called common l aw , i , p i vate ma iage, is ecognized , the r r pe sons would have no eason to go to an O ffi cial of the State .
r r r 63 . I f the e is no othe pe son in the place o r n ea rby who is entitled to witnes s ma r r iage cont r acts except a cler gyman
- r of some non Catholic eligion , th e parti es in qu estion may go to s uch a ministe r i n o r de r that thei r ma r r iage may be l awful r r befo e the civil l aw . But pe sons thus forced to go to a min iste r must not allow him to use the religious ceremoni es of his C r hu rch , but only the fo mula a j ustice of the peace or any ffi Govern ment o cial woul d use .
Article IX .
RECOR DI NG OF M AR R IAGES .
A r IX . 1 . r r r h as 6 . 4 fte ma iage been cont acted , the pas to r o r r , the one holding his place, shall immediately w ite down in the ma r riage r eco r d th e names of the marri ed couple and r r the witnesses , the place an d date of the ma iage, and other items as p r esc r ibed i n the r ituals or by the O rdinary of the r diocese . This the pasto must do , even though another priest delegated by him o r by the O r dina ry has assisted at th e mar r i age . l 2 . F r r r r u the mo e, the pasto must enter i n the baptisma r egister that the pe rson was ma r r ied in his pa r ish on a cert ai n r r r day . I f th e pe son was baptized elsewhe e, the pasto must s en d notice of the ma r r iage to the pastor whe r e th e pa r ty was r r r l baptized , eithe di ectly or th ough the episcopa cu ria , i n o r de r that en t ry may be made of th e ma r ri age in the bap m r ti s a l r eco d .
3 ° r 1 d ub . S ac r am . 1 1 0 S . C . de , 3 Ma ch , 9 , ad I I I “ " TH E D EGR EE NE TEMER E . 3 .
r r 3 . Wheneve a ma riage has been contracted according to A rticl e V II (in danger of death ) o r V I I I (in a district fi th e where no priest could be had ) , the p riest i n the rst and witn esses in the second case are bound conj oi ntly with th e con t racting pa rti es to take care that the ma r riage is entered in th e
p resc r ibed books as soon as possible .
COM MENTAR Y A N D P OSIT IVE DEC ISIO N S .
t r r e t r . 65 . S c i on fi s The duty of registering ma iages in the r eco r ds set apart for that p ur pose is nothing new ; the Council
M a t ri m . X X V . D e . of Trent , Sess . I , Cap I , Ref , reads , the pastor shall have a book in which h e shall w rite the names of the pa rties contracting marriage as also of th e witn esses and " r the date and place . Th e same is enj oined by th e rub ics of r the Roman Ri tual . The new law insists st ictly that the pas to r must pe rsonally make the reco r ds of all marr iages co n r t acted within his parish , even though another p riest , del e o r gated either by th e pasto r the bishop , witnessed the mar
r i a ge cont r act .
I n dioceses whe r e assistants have by o r der of the bishop r e ce i ved the r ight to assist at all marriages in the parish to
which they are assigned , such assistants should record the a r e marriages at which they assist , as they made pastors i n r all that concerns ma riage .
t . r 66 S ec i on s ec o n d . The duty of entering the mar i age also
r r fi in the baptismal reco ds is n ew and will c eate some dif culty , as the old baptismal registers allow littl e or no space for the
marriage notice . I f the contracting pa r ties were baptized in r r r a t the chu ch where they are ma ied , there is l ittle troubl e
tach ed r to the observance of this new rul e . I f one o both of
the parties were bapti zed elsewhere, the pasto r must in form th e pasto r of th e chu rch or chu rch es where the pa rties were " baptized and gi ve , acco rding to a recent dec ree , th e followi ng items to be ente red i n the baptismal reco rd
1 . s r r Name of the b ide and g oom .
2 . F ull names of th e pa rents of both .
S . Con r . Sac r am. 6 r 1 1 1 . g de , Ma ch , 9 3 2 BR I EF EXP LANA TI ON OF
A r e . 3 . g of the bri de an d g oom
4. Place and date of marriage .
F . 5 . ull names of witnesses
6 . r r . Signatu re of the pasto , with the seal of the pa ish
Th is info r mation may be sen t di r ectly to the pastor or pas o r r r r r tors to the bishop , who must fo wa d it to the prope chu ch r o chu rches .
Some missiona ry bi s hops r equ ested to be r elieved of the Obl igation of keepi n g a ma r r iage r eco r d o r at l east of ente r ing th e ma r riage i n the baptismal books ; but both r equ ests we r e ”2 refused . h ect o n t i r d . r r r r 6 7 . S i I f a p iest assists at a ma iage whe e a pa r ty is i n dange r of death (about which we spoke in a r ticle V I I r ) , h e is bound to in fo m the pastor of the pl ace about the case and gi ve him the necessa ry i nformation f o r the ma r riage t h e record ; and i f he should not atten d to it , pa rties them r s sel ves are bound to info r m the pasto . The pa to r will have to attend to the rest of the r eco r ding in the prescribed books .
I f pa rt ies ma r ry without the assistance of a pri est after the A V manner spoken of i n rticle I I I , both the witnesses and the parties a r e equally bound to in form the pastor of that dis i t r ct r r . about th e ma iage, and this as soon as possible
A X rticle . V PENA LT IES FOR T H E IOLAT IO N OF T H E FOR EGOI NG LA WS .
X . r 68 . Pastors who violate the ules lai d down in th e p receding a r ticles are to be punished by the O rdina r ies ac cording to the natu re and the gravity of thei r guil t . M o re r r r over, i f they have assisted at a mar iage cont a y to the rul es
r A r V a r e r of sections two and th ee of ticle , they not to app o r i at e r r p the stol e fees , bu t shall tu n them ove to the pastor of ” the contracting parti es .
A R Y COM MENT .
f r th e 69 . Stol e fees of e ed either by custom or demanded by statutes of the diocese a r e meant to def ray i n pa rt th e experi ses
3 3 I X . r m . 1 r 1 1 0 d b S . C. S ac a u de , 3 Ma ch , 9 , ad
3 4 BR I EF EXP LAN A TI ON OF
a re - 2 . They also binding on the above named Catholics
r o r r r - s i f they cont act engagement ma iage with non Catholic ,
o r r r baptized u nbapti zed , and even afte a dispensation f om the impedimen t of mixed r eligion o r dispa r i ty of cul t h as been obtai ned ; unless the H oly See has dec reed othe rwise f o r r some pa rticula place or region .
- . o r 3 Non Catholics , whether baptized unbapti zed , i f
a r e r they contract marriage among themselves , nowhe e bound ” r r r to obse ve the Catholic fo m of engagement and ma r iage .
N COM ME TAR Y A ND P OSIT IVE DEC ISIO N S .
1 e r . 7 . S cti on fi st This section decla r es that all ma r r iages a r e n ew between Catholics subj ect to the l aw , and that the name Catholic appli es to all who have been baptized in the
r o r - Catholic Chu ch , who , though bapti zed i n some non Cath
r r r ol ic denomination , we e ecei ved into the Chu ch by becoming
r r r conve ts to the Catholic Chu ch . They all emain subj ect to
n th e new law , eve though those baptized in the Catholic Ch u rch in one way o r another have sepa r ated themselves f r om
r i n r r r the Chu ch ; o r, case of conve ts , have etu ned to some n o r r r Protestant denomi ation , have fallen away f om all Ch is r r r tian belief . Chil d en of Cathol ic pa ents also that we e bap ti ze d as infants i n the Chu rch and we r e afte r wa r d b rought up
r o r . as P otestants without any religion , fall under this law I n r ega r d to child r en of Protestants o r of unbaptized pa r en ts
c r r who had been baptized in the Catholi Chu ch , but we e
o r r b rought up as P rotestants without any eligion , and who s r - s n r houl d later ma ry non Catholic o r u baptized pe sons , it was questioned whethe r such ma r r iages would fall u nder 3 3 fi r t re the n ew ma r r iage law . The Holy Of ce answe ed hat cou rse is to be had to Rome i n each case .
ti e o n d . s 7 2 . S ec o n s c Th e new law is binding al o i n mixed mar r iages and in mar r iages of a Catholic to an unbaptized
r r r pe son , so that these ma riages must be concluded befo e a duly authori zed p riest of th e Catholic Chu rch afte r the n ec es sa ry dispensations have been obtained .
a s 6 I I I . 1 . R 1 M ar ch 1 1 1 . Acta A os tol . S ad . I. E S . 3 . 9 p , vol , p 3 ; ECC
V IE w vol . . 8 . , 45 . p 4 “ " THE D EGR EE NE TEMER E . 3 5
73 . The clause unl ess the H oly See has decreed other wise for some pa rticula r place o r region is to be u nderstood only of the exception made f o r Ge r many by th e Constitution 1 8 1 0 6 Provida of Janua ry , 9 , and for H unga ry , by G reg X V I 0 A 1 8 1 o ry , 3 pril , 4 , or for any other country where the Holy See may i n futu re exp r essly grant the i ndult that mixed ma r r iages will be valid without the assistance of the pasto r . R ome has declared that the so - called D eclaration of Bene X IV dict , about the places where the Tridentine decree on r o marriage was not obligato y , is to be considered ab lished , and that the form of the ma r r iage cont r act is regulated ex elusively by the new decree ; and i f there a re to be any ex cep “ r r e tions , they have to be g anted specially . I t is well to member that even in cases where the Chu rch sees itsel f forced to acknowledge as val id mixed ma r r iages cont racted without r the p esence of the pasto r, she calls such unions ill icit .
The special indults for mixed ma r r iages i n Germany and H unga ry have b een restricted as much as possible by various " decl arations , which may be summed up in th e following points : (I ) I n Ge rmany and H ungary also those are hel d to r r be Catholics who we e baptized in the Catholic Chu ch , though they we r e b rought up as Protestants from chil dhood . Therefo r e the marriage of such a person with a Catholic is a marriage of Cathol ics an d must be concl uded befo re the pastor 2 y to be val id . ( ) The exception for Germany and H unga r appli es only to those bo r n i n those cou nt r ies and ma rryi ng r in thei r respective countries . (3 ) Both pa ties must be nati ves r o r of either Ge many H unga ry , and the German coupl e of mixed rel igion coul d not validly ma r ry without the pastor i n F H unga ry , and vice versa . (4) inally , i f one of the pa rti es is a native o f H unga ry , th e other of Germany , the marriage can take place in neith e r country without the assistan ce of the pastor .
74. A s to Catholics of the va r ious O r iental Rites it was " r D r m r asked wh ethe they are bound by the ec ee N e Te e e ,
S . C . n . 1 r r 1 0 8 Co c , Feb ua y . 9 . ad I V dub . ‘5 S r S . . n . 0 M a rch 1 08 I II . . C . ame dec ee . ad V dub C Co c , 3 , 9 . ad dub ; S de Sac ram . 1 8 n 1 0 . Acta A ostol . S ed i s . I . 1 6 E . R x , Ju e , 9 9 p , vol . p 5 ; CCL v uw . 1 . . . vol 4 , p 349 3 6 BR IEF EXP LANA TI ON OF
r was and the answe i n the negati ve . I t was fu rthe r de cl a r ed that ma r r iages between Catholics of the Latin Ri te and Catholics of an O r iental Rite a r e i nvalid unless they con ” r D r F . s fo m to the ecree N e Teme e inally , schismatic and he r etics of an O riental Rite fall u n der the name of non - Cath i " o l cs .
A s r 75 . rega ds Catholics of the Ruthenian Rite in the
r r r r e United States , i t may be well to ema k that acco ding to 3 ° cent r egulations the ma r r iage O f a man of the Latin Rite and a woman of the Ruthenian Rite mu s t be celeb r ated before the pasto r of the Latin Rite ; i f the b r ide is of the Lati n Rite
th e 'b ri d e r o om r a r e r and g of the Ruthenian Ri te , the pa ties f ee to ma r ry either befo r e the pasto r of the Latin o r the Ruth e n i a n r Rite . I n such mar iages between a Catholic of the
Latin Rite an d a Catholic of the Ruthenian Rite, the Ruth e n i a n r is free to follow the Latin Rite, but not vice ve sa . I f ,
r n howeve , each follows his own Rite , the pastor of the Lati
r r r r Rite has pastoral cha ge ove the pa ty of the Latin ight , and the R uthenian pasto r ove r the pa rty of the Ruthenian
f s . O C r Rite I f the husband is the Latin Ri te , the hi ld en mu t be baptized by the pastor of the Latin Rite a n d they will no be f r ee later on to adopt the R uthenian Rite .
r t n r 76 . H e e two impo r a t dec ees of th e latest date must be mentioned :
fi r r r a u n b a The st deals with ma iage of . Catholic and an p ti zed pe rson and states that without the n ecessa ry promises given by the unbaptized pe rson no dispensation of disparity of r r cult shall be g anted ; and , mo eover, any dispensation of dis pa r ity of cul t given in a case where the p romises have not been asked , o r, i f demanded , have been refused , is invalid , and r r the bishop has the ri ght , without refe ing th e case to the
r r r . Holy See , to decla e such a ma iage null and voi d
S . . n . 1 F eb . 1 08 . C Co c , , 9 , ad I dub ‘7 S . C . C n . 0 r 1 0 8 . o c , 3 Ma ch , 9 , ad I dub 3 3 S m r I I . a e dec ee , ad dub 3 ° n . 1 . R E Li tte r ae A s . 1 1 0 8 A cta S . S ed . . po tol , 4 Ju e , 9 vol 4 , p 3 ; ECCL
. 1 2 . VIEW, vol . 3 7 , p 5 4° T w r s fi o 2 1 n 1 1 2 . Acta A os tol . o Dec ee of the Holy Of ce b th dated Ju e , 9 p - l . 0 1 . S ad . . 2 . R I vo . , vol I V , p 44 ; ECCL EV EW , 47 , pp 33 33 “ " TH E D EGR EE NE TEMER E . 3 7
The second decree deals with the question whethe r in
e . mix ed ma rriages the priest can acti vely assist , i . , demand an d receive the consent of the parties as p rescribed for the val idity of every marriage in A rticle IV § 3 of the N e " r - r Teme e , in case the non Catholic pa ty stubbornly refuses to make the prescribed p romises . That the Ch u rch will never r di spense with these conditions i n mixed mar iages is evident .
r as God H imsel f demands them , the God befo e whom there is but one lawful Chu r ch and one autho ri zed religious teacher
. h r o f th e nations O ften in isto ry , howeve , the Chu rch h as
r been fo ced to see her laws violated , and to save as much as possible of the ruin of faith in some of her child r en she h a s permitted mixed ma r r iages once a pe rson is absolutely bent on i n going into such a dange r of losing his o r her faith . By sisting on the p romises of the non - Catholic party the Chu rch has attempted to counteract the dangers . But what does the Chu rch do in case th e promises are absolutely refused ? Pope X V I 0 A r 1 8 1 Grego ry , 3 p il , 4 , writes to th e Bishops of H u n gary concerning mixed ma rriages , saying that in cases where the promises are stubbo rnly refused and there is dange r of greater evi l and scandal a r ising from the fact that the pasto r r fi refuses to assist, and i f on the contra y it may be to the bene t of the Chu rch and fo r the pu bl i c wel f a r e that the Cathol ic priest shoul d assist rathe r t han that they go to the non - Cath
ca n olic minister, then the Catholic pastor assist , but only ma
i a l . y ter l e . t r y , i , without taking any ac ive pa rt in th e ce emon , fi but merely as the of cial W itness to the contract .
2 1 1 1 2 7 7 . The decree of June , 9 , says that i n cases where a the p romises are stubbo rnly refused by the Protest nt pa rty , an d where the same reasons fo r the assistance of the Catholic priest as described in the A postolic Letter of Pope G r ego rv X V I exist, the Catholic priest may assist , but he shall not ask fo r the consent of th e pa rties ; he must remain absol utely a passi ve witn ess , the same as the sai d Pope commanded i n his
Letter to the Bishops of H unga ry . This is the true meani ng 2 1 1 1 2 of the decision of June , 9 , as anyon e can convi nce him sel f who r eads both the recent decree and th e Letter of G reg X V I “ o ry to which the said decision refers . I t is also evident
f r s n i n . Cf. or the un de ta d g of thi s deci sion the a r ticle by the R ev. M
ar t . . i n n S E . R . . . M i . J , CCL EVIEW , vol 47 , p 47 7 R I P LA NA TI O OF H E D GR “ NE T ” 3 8 B EF EX N T E EE EMER E . that the r e will be but r a re occasion to assist at a mixed m a r r i a e a re r g when the promises efused , as the conditions of
r r X V I r r r F r G ego y will a ely be ve i fied . om what we have said it is evident how baseless we r e the utte rances of the P r ess
r r s s after this decision appea ed , that no p omi e had to be made
r n- r hencefo th by the n o Catholic pa ty in a mixed ma r ri age .
n They a r e i sisted upon as much as befo r e . Whenever the p r iest meets such a case h e will have to r efe r the matte r to h i s r r o r n o t bishop , who will decide whethe the p i est may may
. r fi s assist The bishop , howeve , can not allow it unless he nd th e r easons to be such as mentioned by Pope G r ego ry X V I ; r s f o r s r because, as the ecent decision say , tho e easons only
s s s r ca n the a i tance of the p iest be allowed .
N PR OM ULGAT IO N OF T H E DECR EE E T E MER E .
r s r e t o 78 . Th e manner of p omulgating thi law was decla d r consist in the t r ansmission of th e dec ee to th e O r dinari es .
The r e is no doubt that this was attended to by the Holy See . r This is the only substantial r equisite . The dec ee went into fo r ce even though some bishops neglected to make the law known in thei r dioceses .
2 A 1 0 The N e Temere was published ugust , 9 7 , and A fh r 1 A r 1 0 8 . went i nto fo ce on Easter Sunday , 9 p il , 9 su cient length of time was the r efore given f o r the dec r ee to b e come known . AP PE NDIX .
S UGGESTED FOR MS or E NGAGEMENT CO NTR A CT .
W B O D W . I . H E N TH E I SH O P ( R I NARY ) ITNESSES
W e th e n rs n n abu n d n a n d s s s s n s fi n . u de ig ed , bei g of m i d po e i g uf c ie t a d n o f t h e n s s s r . r n k owledge obligatio to be a u m ed , do he eby f eely n s i r s n r n M r n r u ol cited , m utu ally p o m i e to e te i to Holy at im o y befo e t h e I o t h r 1 0 8 day of D ece m be , 9 .
I n s n r e m: o u r s n r s o n s t h e 1 11 te tim o y whe eof, w e i g atu e thi 5 da y
n 1 0 8 . of Ju e , 9 M S o i e . j a m e m ith , ! ! ! n r R . M a y i g , of W B n s s : d n R . . o f it e Joh . p
2 . E T HE WH N PA RISH PRIEST WITN ESSES .
W e n rs n n s n m n a n d s s s s n s fi n , the u de ig ed , bei g of ou d i d po e i g uf cie t n o f t h e n s s s r r a n d k owledge obligatio to be a u m ed . do he eby , f eely n s r s n r n M r m n r u olic ited , m u tually p o m i e to e te i to H oly at i o y befo e t h e I r 1 08 . oth day of D ece m be , 9
In s m n r f i o u r s n r s o n s t h e 1 h te ti o y whe eof, we af x ig atu e thi 5 day
n 1 0 8 . of Ju e , 9 s Ja m e M . S m ith , of
’ W S t a n s o n P r s P r s . P r s r W n s s m . . C it e : j , a i h ie t of S t ete hu ch ,
I N T HE CA E O F LAY WI E . 3 . S TN SSES
W e t h e n r s n n o f s n m n a n d o s s s s n s fi n , u de ig ed . bei g ou d i d p e i g uf cie t
t h e n s s s . r r a n d k n owledge of obligatio to be a u m ed do he eby . f e ely n s r s n r n r m n r u olicited . m ut ually p o m i e to e te i to Holy M a t i o y befo e
roth m r 1 08 . the day of D e ce be , 9 m n r fi o u r s n r s o n s 1 h d a In t e s ti o y whe eof, we af x ig at u e thi the 5 y o f n e 1 08 . Ju , 9
R rd M . P h icha ilippa . W it n e s s e s ‘ m " M . B rn s I u . E A ND I . 40 P P X
4. BI SH O P O R P A R I S H P RI EST AS T HE WI TNESS WH EN O NE (O R E OT E ) o r T H E I PA RTI ES I S ILL TE RATE .
A x tr t n e a wi ne ss i s n ecessa ry .
LAY “ ’ HE N ONE O R BO H O F T H E 5 . WITN ESSES ( T ) PARTIES IS ILLITE RATE .
r a r e es a Th ee wi tnesses nec s ry .
A n y o n e of t h e abo ve for m ula s w ou ld m ake the e n gagem e n t c o n tra ct n n n valid a d bi di g .
I D 42 N EX .
n n s f or f— — ENGAGEMENT , co ditio validity o 5 ; delegation of pr ie s t to wi tn ess 6 ; n s n d n n - b C h li a o C h li s n ot lid i f d b f r di s p n s i n etwee at o —c at o c va ma e e o e e at o i s O n n r s n s r n s btai ed , 7 ; n , 8 si n betwee —pe o with di ime t impedime t ; ful i r s n s i n 8 ss n s o f— n — b di d ; , ; r n o t l c cum ta ce em o e , — e e tial docume t 9 o al va id 9 ; r s r i s n ot r s r s r s 1 0 — made befo e a pa to who the pa i h p ie t of the pa tie , ; b r r r r n O f - 1 2 r n s n f— y a p ocu ato , I I ; b eaki g ; p ovi g exi te ce o I 3 . E X COM LI O N ICATION n o f — r s s , ki d that dep ive bi hop o r pas to r of powe r to wi tn e ss
r r i 2 1 . ma age , X Ne T r 0 E TENT of the eme e , 7 to 7 7 .
s n s n r n s r r s i n an r FACULTIES of di pe i g f om impedime t at ma iage d ge of death , 5 4. — G r r s i n . ERMANY , mixed ma iage 73
H see n s s O P n s n s . SPITALS , Chaplai of iou I titutio — R r r s i n . HUNGA Y , mixed ma iage 73
n r r n n n n r 8 s n s n r — IMPEDIMENTS i te fe i g with e gageme t co t act , ; di pe atio f om to s s n 8 — i n n r ubject o ly , 3 da ge of death , 5 4. O B r — s s r s r n s s — r I MP SSI ILITY , mo al excu e f om ob e va ce of ome law , 43 to each the
r s i n s r s r s n r s l or n 60 . p ie t catte ed di t ict , u ive a i dividual , F o r n s r n as n s s s i n r r 1 8 r r IN IDELS , heathe , fo bidde to act wit e e ma iage , ; ma iage ” n z r s n s n t s N T n o e r 0 . betwee two u bapti ed pe o ubject to the eme e , 7 § 3 I O s r ss s r r f o r r r i r e NVITATI N to pa to to a i t equi ed validity of ma iage , implic t
s s u fli ces 0 . que t , 3
L O n n . IMITATI NS of delegatio to be atte ded to , 49 L s s an d s r s can ss s r r i n —o i r re IMITS , bi hop pa to a i t at ma iage w thi the thei
s ec ti ve s r 2 2 . p di t ict ,
n r r A ri 1 1 08 r r s 2 MARRIAGE, co t acted befo e p l 9 , 9 , to be j udged by fo me law , ; n r l r n f or 0 f— I r s s f or 1 0 ge e a p i ciple validity 7 ; equi ite validity , 9 to 3 ; — — s s f or l i cei t 1 i a n r 0 r equi ite y , 3 to 43 da ge of death , 5 to 5 5 ; without r s 6 6 — 2 n f or G r n an d n r a p ie t, 5 to 3 ; mixed 7 ; exceptio e ma y Hu ga y , 73 ; — s r n R s . o f Catholic of O ie tal ite , 74
- r r r n on n s r 6 . MINISTER , ma iage befo e a Catholic mi i te , 3 — o f 6. N O , 3 MI RS domicile — O o r n s s r s Of I 1 . MISSI NS , Statio , pa to 4, 5 H s i n r s f or on e—s u ffi ces r r r MONT , tay a pa i h to ma y the e , 3 4
see n s . NAVY , Chaplai - C H O r n n s s s r r 1 8 r ri n NON AT LICS , fo bidde to be wit e e at ma iage , ; ma age betwee “ ” —n t s T r 0 ar e n on - C s i n two o ubject to Ne eme e , 7 § 3 ; who atholic
s n s r 1 . e e of dec ee , 7
see B s . N , ORDI ARY i hop — R r r n C s o f n ot s Ne ORIENTAL ITES , ma iage betwee two atholic ubject to the ” — r n L t n an d an s T eme e , betwee a Catholic of the a i a Catholic of ubject
r . to dec ee , 74
- P H or s r s , I 4. ARIS , qua i pa i h— r . P H O ar e i h r T , 34 ARIS I NERS , who the matte—of Ne eme e H R H r s s I . P AROC IAL IG TS , p ie t who have s
n r . P ARTIES who Sign the en gagemen t co t act , 4 s n n r — 1 1 ri s i n s P O n ss s n n , 4; g f 4, 5 ; va ou k d AST R , wit e e e gageme t — mea i o wo d of -1 5 ; ma r r iage befor e the I 7 ; can witn ess mar r iage s fr om time of n O ffi 2 0 can s si s r r s n n i s taki n g pos se ss io of ce , ; a t at ma iage o ly wi thi l mit n s e r r s 2 2 r r s s n r r s . 2 ; p of h i s pa i h , ; othe p ie t havi g pa ochial ight 3 eed r r n on - s s ; c an mi s sion to a s s i s t at a ma iage of two ubject , 3 4, 39 delegate
i s i n hi s ri s . an othe r p r ie s t to a ss i s t at marr age pa h , 45 I NDEX . 43
P S O R s Ass s n s see Ass s n ts. A T RAL ight of i ta t . i ta
P E I f o r r n s r ss n th e r s r 68 and 6 . NALT ES the t a g e io of ule of dec ee . 9
P E O see P s r . RMISSI N . a to f—no s fli P E W h n o t u ci en t f or r r i n r 2 . . oldi g— ma iage that chu ch . 7 P O E r i a n n . R MIS . o al e gageme t . 9 “ P R OII UDGATION T r 8. of the Ne eme e . 7 P IE an —can ss s r r i n n r 1 an d s n s R ST. y a i t at ma iage da ge of death , 5 . di pe e with
m d i n s . i pe me t . 5 4
UALI TICATIONS i n ss s i n r r 1 8. Q of w t e e ma iage , - I DOII ICILE s . QUAS aboli hed . 34 — R E O D r n s n r n n o f r r s 6 6 s on C R S , egulatio co ce i g ma iage . 4 to 7 ; item to be put ’ o f r r s 6 an d 6 s r s rs n n r r r s oh ma iage , 4 5 ; pa to pe o al duty to e te ma iage 64 an d 65 ; h h as d see r r g i s n r i n s I w o uty—to that ma ia e e te e—d two pecial s s 6 s r r s i n s 66. ca e , 7 ; item of ma iage to be put al o bapti mal ‘ ‘ - R E O s r s s are s r s 1 . GI ES of qua i pa i he pa to , 5 i n R O o r s r n s T r . EGI N di t ict . what it mea the Ne eme e , 59 R n on e s r s i n r s s ESIDENCE . how lo g mu t have e ided the pa i h to become a ubject
s r as r r s r r 2 . of the pa to ega d ma iage , 7
R E see r n . IT S , O ie tal R r r s R n n R i n Un UTH ENIANS . ma iage of Catholic of the uthe ia ite the ited
S s . tate , 75
n e n n —o f s r n S IGNATURES of e gag me t docume t , 5 ; pa to attached to otices of
rr s s n s r r s 66 . i g b b p i l h h f p i , ma a e to e e t t—o a t ma c u c o a t e S n o f o f r s r r 2 . TATE . FREE , docume t pa tie about to be ma ied , 3 S O F E E r s r n n n o f i n s s re T LE . ight of pa to , u law ful obtai i g what ca e to be
s r r r s r 68 an d 6 . d p p p , 9 to e to o e a—to S r r s b n 0 . URPRISE . ma iag—e y i valid , 3 O d r s s or s r r s s s r r 2 1 . SUSPENSI N , what ep ive bi hop pa to of ight to a i t at ma iage . — T O or T r s n f or s n s n s b a. ELEPH NE eleg am . a ki g di pe atio y s
T E O LIBE R TATIS n r s 2 . STIM NIUM , docume t of f ee tate . 3
are l can r r 0 . VAGI , who ca led who ma y them , 4 n i n s f or—o f n n n n s f or—o f r r 1 VALIDITY , co dit o e gageme t , 5 ; co ditio ma iage , 7 1 to 9. — r r s s r s 1 . VICARS . pa ochial have ight of pa to , 5
W r —s n n n s or s r as fi l wi t ITNESSES . two p ivate ig e gageme t , bi hop pa to act of cia n ss s an d two—n ss r i n rr r n s I an d 1 8 e e . 4 5 ; ece a y ma iage , thei qualificatio . 7 ; s r as—i n r ri s r n n r pa to ma age mu t act with full libe ty . ca ot be fo ced to
ssi s 0 . a t. 3