XXIX. PRACTICAL MARRIAGE CASES UNDER THE

NEW DECREE

1. A couple resides in Parish A and desires to be married in this parish.

The marriage, in the same manner as heretofore, is announced in Parish A and the couple are married by the parish priest* of A or by his delegated assistant. The parish priest, furthermore, may delegate any other priest to perform the ceremony at A. In this normal case, and the most frequent, no change has taken place from former usage.

2. The man lives in Parish A, the bride in Parish B, they wish to be married in Parish A.

The banns are published in A and B, as formerly. The parish priest of A may validly and without delegation by the parish priest of B perform the ceremony, but according to the new law the ceremony should properly take place in the parish of the bride. If a justa causa to marry in Parish A prevails, the parish priest of A needs no permission by the parish priest of B to make the marriage proper in A. If no justa causa is present the parish priest of A must seek the permission of the parish priest of B. The parish priest of A can then delegate any other priest to perform the ceremony at A.

Should the couple desire to be married in A by the parish priest of B, then, in accordance with the new law, the parish priest of B must have himself delegated by the parish priest of A, because otherwise he can not perform the ceremony validly outside his parish of B.

3. The man lives in Parish A, the bride in Parish B, they desire to have the ceremony performed in C.

* The scope of the term parish priest is defined on page 128.

The banns are published in A and B as heretofore. The parish priest of C, according to the new ecclesiastical law, requires no delegation for the valid performance of the ceremony. In order that he may perform the ceremony licitly he must have delegation, which he may seek from either the parish priest of A, or from the parish priest of B.

If the parish priest of A (the bridegroom's parish priest) wishes to perform the ceremony in C, then, in accordance with the new law, he would have to be delegated for that purpose by the parish priest of C, in order that the marriage should be valid. He requires no sanction to make the action licit because he is parochus proprius of one of the contracting parties. Of course it is proper to have an understanding with the Rector ecclesiae in whose church one wishes to perform a liturgical function; in our case, therefore, the parish priest of A should communicate with the parish priest of C. In my opinion the parish priest of A does not need delegation by the bride's parish priest for the reason that in Num. V, Par. 3, of the decree there is only prescribed licentia alterutrius contrahentis; nevertheless it may be claimed in interpretation of this point that the permission of the bride's parish priest also is requisite in a locality in which neither of the contracting parties is resident. If this opinion be held then this permission also must be procured by the parish priest of C, if they marry in C.

4. A couple had domicile in Parish A, but left A and settled in Parish B, where, three weeks after, they wish to be married.

In this case, as in all cases of newcomers, the parish priest's (of B) first question must be "How long do you intend to stay in B?" He asks for the animus manendi, in order that he may determine whether the parties have in B a domicile, a quasi-domicile, or neither, and in the last case are vagi. The results may be as follows:

(a) The couple reply: "We intend to stay permanently in B." In this case these people have at once acquired a domicilium verum. In accordance with the jus commune ecclesiae the banns are then published only in B. The parish priest of B may validly and licitly perform the ceremony; he requires no delegation or permission by the parish priest of A because he is now parochus proprius.

(b) The couple reply: "We wish to be married here, and then as soon as possible remove to C." In this case there is no animus manendi perpetuo, therefore no actual domicile. The couple have not even a quasi domicilium, because they do not intend to remain six months at least (per majorem anni partem). Hence these parties are to be viewed as vagi and report is to be made to the Ordinary of the diocese.

5. Man and woman reside in Parish A, they wish to be married in Parish B.

According to the new law the parish priest of B requires no delegation by the parish priest of A in order to perform the marriage ceremony validly, but he does require permission from the parish priest of A.

6. They reside in Parish A, they wish to be married by the parish priest of B in Parish C.

The parish priest of B, according to the new law, must be delegated by the parish priest of C to render the marriage valid. Furthermore the permission of the parish priest of A must be secured.

7. The contracting parties live in Parish A, they wish to be married by the parish priest of B in Parish A. The parish priest of A has delegated the parish priest of B, with authority to sub-delegate, and departs on a journey. Meantime the couple have changed their mind and wish to be married in Parish C by the parish priest of C.

In order that the marriage should be valid in accordance with the

new law, the parish priest of C requires no delegation; he should, however, for the licit performance of the ceremony, secure the permission of the parish priest of A, but as he is away from home, and has demonstrated by delegating the parish priest of B that he has no objection, the parish priest of C may perform the marriage ceremony licitly by reason of this permission. A sub-delegation of the parish priest of C by the parish priest of B is not necessary.

8. Bride and groom reside in Parish A, they desire to be married in the chapel at B, the ceremony to be performed by a related priest who is professor of theology at the seminary in A.

In accordance with the new decree, the professor, in order to perform the marriage ceremony validly in B, must be delegated by the parish priest of B; in order that the ceremony may also be licit, permission of the parish priest of A must be secured either by the professor or by the parish priest of B.

9. The contracting parties reside in Parish A and wish to be married there, the parish priest of B is to perform the ceremony (in A). The parish priest of B is accordingly delegated by the parish priest of A. The couple, however, change their plans, and are married without further ado in B by the parish priest of B.

The marriage is valid according to ecclesiastical law, no matter what interpretation may be correct as to territorial restrictions of the delegation, because the parish priest of B functions validly without delegation as parish priest of the place. He should, however, have applied for the permission of the parish priest of A. It does not follow because he had been delegated for A that the parochus proprius was agreeable to the marriage in B. In this case the parochus proprius was not away from home.

10. A couple reside in parish A, they wish to be married in B. The parties being befriended with the parish priest of C wish to be

married by him in B, provided he does not have to start on a certain journey before the marriage. In that case they would like to be married by the parish priest of B, in B. Corresponding to the new law the parish priest of C must be delegated by the parish priest of B in order that the marriage be valid. If he leaves before the wedding day and the parish priest of B takes his place, the latter requires no delegation for the validity of the marriage because he is the parish priest of the place. In either case the permission of the parish priest of A must be obtained.

II. The parish priest of A has no curate. A marriage is approaching when he is called away from home. In the neighboring Parish B there are parish priest and curate. The parish priest of A delegates the parish clergy of B cum jure subdelegandi and departs. Soon after the curate of B is assigned to another post, and another priest takes his place in B. Upon the arrival of the new curate in B the marriage is due to take place in A.

In accordance with the new law the parish priest of B, by reason of the delegation, can validly perform the ceremony in A. But what about the new curate? At the time of the delegation he was not yet a member of the parish clergy of B, therefore a persona incerta. In my opinion the new curate must be subdelegated by the parish priest of B in order to perform the ceremony validly in A.

Hence in places where many strangers congregate, and where delegations are frequent, the date of the delegation is to be closely considered if a change of the clergy has taken place.

ALOIS SCHMÖGER, D.D.