DECREE TOUCHING THE REFORMATION OF MARRIAGE

CHAPTER I

The Form prescribed in the Council of Lateran for solemnly contracting Marriage is renewed. Bishops may dispense with the Banns. If any one contracts Marriage otherwise than in the presence of the Parish Priest and of Two or Three Witnesses, it comes to nothing.

Although it is not to be doubted, that clandestine marriages, made with the free consent of the parties contracting, are valid and true marriages, so long as the Church has not rendered them invalid; and consequently, that those persons are justly to be condemned, as the holy synod doth condemn them with anathema, who deny that such marriages are true and valid; as also those who falsely affirm that marriages contracted by the children of a family, without the consent of their parents, are invalid, and that parents can make such marriages either valid or invalid; nevertheless, the holy Church of God has, for most just reasons, at all times detested and prohibited them. But, whereas the holy synod perceives that those prohibitions, by reason of men’s disobedience, no longer avail; and whereas it takes into account the grievous sins which arise from the said clandestine marriages, and especially the sins of those parties who continue in a state of damnation, when, having left their former wife, with whom they had privily contracted marriage, they publicly marry another, and live with her in perpetual adultery; an evil which the Church, which judges not of things hidden, cannot rectify, unless some more efficacious remedy be applied; therefore, treading in the footsteps of the sacred Council of Lateran, celebrated under Innocent III., it ordains that, for the future, before a marriage is contracted, it shall three times be announced publicly in the church, by the proper parish priest of the contracting parties, during the solemnization of mass, on three continuous festival days, between whom marriage is to be celebrated; after which banns being published, if there be no lawful impediment opposed, the marriage shall be proceeded with in the face of the church; where the parish priest, after having questioned the man and the woman, and having learnt their mutual consent, shall either say, “I join you together in matrimony, in the name of the Father, and of the Son, and of the Holy Ghost;” or shall use other words, according to the received rite of each province. But if there should at any time be a probable suspicion that the marriage may be maliciously hindered, if so many publications of banns have preceded it; in this case either one publication only shall be made; or at least the marriage shall be celebrated in the presence of the parish priest, and of two or three witnesses. Then, before the consummation thereof, the banns shall be published in the church; that so, if there be privily any impediments, they may the more easily be discovered: unless the ordinary shall himself judge it to be expedient, that the publications aforesaid be dispensed with, which the holy synod leaves to his prudence and judgment. Those who shall attempt to contract marriage otherwise than in the presence of the parish priest, or of some other priest by permission of the said parish priest, or of the ordinary, and in the presence of two or three witnesses; them doth the holy synod render utterly incapable of thus contracting, and declares such contracts void and null, as by the present decree it declares them void and annuls them. Yet further, it enjoins that the parish priest, or any other priest, who shall have been present at any such contract with a less number of witnesses [than aforesaid]; as also the witnesses who have been present thereat without the parish priest, or some other priest; and, also, the contracting parties themselves; shall be severely punished, at the discretion of the ordinary. Furthermore, the same holy synod exhorts that the married couple do not live together in the same house until they have received the sacerdotal benediction, which is to be received in the church; and it ordains that the benediction shall be given by their own parish priest, and that permission to bestow the aforesaid benediction cannot be granted by any other than the parish priest himself, or the ordinary; any custom, even though immemorial, which is rather to be called a corruption, or any privilege, notwithstanding. And if any parish priest, or any other priest, whether he be regular or secular, shall dare to unite in marriage the betrothed of another parish, or to bless them [when married], without the permission of their parish priest, he shall, even though he may contend that he is allowed to do this by a privilege, or an immemorial custom, remain by the very act suspended, until he be absolved by the ordinary of that parish priest who ought to have been present at the marriage, or from whom the benediction ought to have been received. The parish priest shall have a book, which he shall keep carefully by him, in the which he shall register the names of the parties married, and of the witnesses, and the time and place of the marriage being contracted. Finally, the holy synod exhorts those who marry, that, before they contract, or, at all events, three days before the consummation of marriage, they carefully confess their sins, and approach piously to the most holy sacrament of the Eucharist. If any provinces have herein in use any praiseworthy customs and ceremonies, besides the aforesaid, the holy synod earnestly desires that they by all means be retained. And lest these so wholesome injunctions be unknown to any, it enjoins on all ordinaries, that they, as soon as they are able, take care that this decree be published and explained to the people in every parish church of their respective dioceses; and that this be done as often as possible during the first year; and afterwards, as often as they shall judge it to be expedient. It decrees, furthermore, that this decree shall begin to have its effect in each parish at the expiration of thirty days, to be reckoned from the day of its first publication made in the said parish.

CHAPTER II

Between whom Spiritual Relationship is contracted.

Experience teaches, that, by reason of the multitude of prohibitions, marriages are oftentimes unwittingly contracted in prohibited cases, in which [marriages] either [the parties] continue, not without great sin, or they are dissolved, not without great scandal. The holy synod, therefore, wishing to provide against this inconvenience, and beginning with the impediment arising from spiritual relationship, ordains, that, according to the institutions of the sacred canons, one person only, whether male or female, or at most one male and one female, shall receive in baptism the person baptized; between whom and the baptized, and the father and mother thereof; as also between the person baptizing and the baptized, and the father and mother of the baptized, [and these] only, shall a spiritual relationship be contracted. The parish priest, before that he proceeds to confer baptism, shall carefully inquire of those whom it may regard, what person or persons they have chosen to receive from the sacred font the person baptized, and he shall allow him or them only to receive him, and shall register their names in the book, and teach them what relationship they have contracted, lest they have any excuse on the plea of ignorance. And if any others, besides those designated, should touch the baptized, they shall not in any respect contract a spiritual relationship; constitutions that tend to the contrary notwithstanding. If, through the fault or negligence of the parish priest, anything be done contrary hereto, he shall be punished at the discretion of the ordinary. That relationship, likewise, which is contracted by confirmation, shall not pass beyond him who confirms, and the person confirmed, and his father and mother, and him who holdeth him; all impediments resulting from this kind of spiritual relationship between other persons being utterly set aside.

CHAPTER III

The Impediment of Public Honesty is confined within certain Limits.

The holy synod entirely removes the impediment of justice resulting from public honesty, whensoever espousals shall be, for what cause soever, not valid. But, when they are valid, they shall not extend beyond the first degree; insomuch as any such prohibition can no longer be observed, without injury, in more remote degrees.

CHAPTER IV

Affinity arising from Fornication is restricted to the Second Degree

Moreover, the holy synod, moved by the same and other most weighty reasons, restricts, to those only who are connected in the first and second degree, the impediment, which is contracted by affinity resulting from fornication, and which dissolves the marriage that may afterwards have been made. But, as regards more remote degrees, it ordains that this kind of affinity do not dissolve the marriage that may have been afterwards contracted.

CHAPTER V

No one is to contract [Marriage] within the Prohibited Degrees: in what Manner Dispensation is to be granted therein.

If any one shall presume knowingly to contract marriage within the prohibited degrees, he shall be separated, and be deprived of hope of obtaining a dispensation; and this shall much the rather have effect in regard of him who shall have dared not only to contract, but also to consummate, such a marriage. But if he have done this unwittingly, but has yet neglected the solemnities required in contracting matrimony, he shall be subjected to the same penalties; for he who has rashly despised the wholesome precepts of the Church, is not worthy to experience her bounty with ease. But if, having observed the solemnities, some impediment be afterwards discovered to exist secretly, of which he might probably he ignorant, he may then obtain a dispensation more easily, and gratuitously. As regards marriages to be contracted, either no dispensation at all shall be granted, or but seldom, and then for a cause, and gratuitously. A dispensation shall never be granted in the second degree, except between great princes, and for a public cause.

CHAPTER VI

How Ravishers are to be punished.

The holy synod ordains, that no marriage can subsist between the ravisher and her who is ravished, so long as she shall remain in the power of the ravisher. But if she that has been ravished, being separated from her ravisher, and being in a safe and free place, shall consent to have him for her husband, the ravisher may have her for his wife; nevertheless, the abducer himself and all who afforded him advice, aid, and countenance, shall be by the very act excommunicated, and for ever infamous, and incapable of all dignities; and if they be clerks, they shall forfeit their rank. The ravisher shall furthermore be bound, whether he marry or do not marry the woman ravished, to settle on her a suitable dowry at the discretion of the judge.

CHAPTER VII

Vagrants are to be married with caution.

There are many persons who are vagrants, and have no settled homes; and, being of a dissolute disposition, they, after deserting their first wife, marry another, and very often several in different places, during her lifetime. The holy synod, being desirous to meet this disorder, gives this fatherly admonition to all whom it concerns, not easily to admit this class of vagrant persons to marriage; and it also exhorts the civil magistrates to punish them severely. But it commands parish priests that they do not be present at the marriages of such persons, unless they have first made a diligent inquiry, and, having reported the matter to the ordinary, shall have obtained permission from him so to do.

CHAPTER VIII

Concubinage is punished with the most Grievous Penalties.

It is a grievous sin for unmarried men to have concubines; but it is a most grievous sin, and one committed in special contempt of this great sacrament, for married men also to live in this state of damnation, and to have the audacity sometimes to maintain and keep them at home even with their own wives. Wherefore, the holy synod, that it may by opportune remedies provide against this so great an married, of what state, dignity, and condition soever they may be, if, after they have been thrice admonished on this subject by the ordinary, even according to the duties of this office, they shall not have put away their concubines, and have separated themselves from connection with them, they shall be smitten with excommunication; from which they shall not be absolved until they have really obeyed the admonition given. But if, neglectful of these censures, they shall continue in concubinage during a year, they shall be proceeded against with severity by the ordinary, according to the character of the crime. Women, whether married or single, who live publicly with adulterers or with concubinaries, if, after having been thrice admonished, they shall not obey, shall be rigorously punished, according to the measure of their guilt, by the ordinaries of the places, according to the duties of their office, even though no one should call upon them [to do so]; and they shall be cast out from the city or diocese, if it shall seem fit to the ordinaries, the aid of the secular arm being called in, if need be; the other penalties inflicted on adulterers and concubinaries remaining in their proper force.

CHAPTER IX

That Temporal Lords, or Magistrates, shall not attempt anything contrary to the Liberty of Marriage

Earthly affections and lusts do for the most part so blind the eyes of the mind of temporal lords and magistrates, as that, by threats and pains, they compel both men and women, living under their jurisdiction, especially such as are rich, or have expectations of a great inheritance, unwillingly to contract marriage with those whom the said lords or magistrates may prescribe unto them. Wherefore, seeing it is a thing especially wicked to violate the liberty of matrimony, and that wrongs proceed from those from whom right is expected, the holy synod enjoins on all, of what degree, dignity, and condition soever they may be, under pain of anathema to be incurred by the very act, that they do not in any way constrain, directly or indirectly, those subject to them, or any others soever, so as to hinder them from freely contracting marriage.

CHAPTER X

The Solemnities of Marriage are prohibited at certain times

The holy synod commands, that the ancient prohibitions of solemn nuptials, from the Advent of our Lord Jesus Christ until the day of the Epiphany, and from Ash-Wednesday until the octave of Easter inclusively, be carefully observed by all; but at other times it allows marriages to be solemnly celebrated; concerning which the bishops shall take care, that they be conducted with becoming modesty and propriety. For marriage is a holy thing, and is to be treated in a holy manner.