Wednesday of the First Week of Lent
March 12, 2014

Prayer:

Look kindly, Lord, we pray, on the devotion of your people, that those who by self-denial are restrained in body may by the fruit of good works be renewed in mind.

Scripture:

Remember your compassion, O Lord, and your merciful love, for they are from of old. Let not our enemies exult over us. Redeem us, O God of Israel, from all our distress. (Psalm 24)

Question of the Day:

What is meant by the "form of marriage?"

You have submitted a very complex and difficult question. However, I will attempt to give a somewhat simplified response. Prior the 16^th century and the Council of Trent (1545-1563) the exchange of consent (vows) was generally done privately, between the bride and groom — there was really no public manifestations surrounding the solemnization of marriage. All that was necessary for the marriage to be considered valid in the eyes of the Church was this exchange of consent between the parties. This caused some major head-aches, especially in regard to hidden or secret marriages. A person could say they were not married, (when in reality they were) and so take another partner. Who would really know since there were no witnesses and no formal requirements. In a nutshell, abuses set in. One of the purposes of law is to help correct abuses and promote good order in society.

To curb abuses surrounding marriage, especially these so-called "secret marriages," the Council of Trent in 1561 issued the famous decree entitled Tametsi. This document tried to ensure that in the Church for a marriage to be considered valid and lawful, then some kind of form would be necessary. This form would require individuals to have their marriage witnessed by the Church’s minister, usually the pastor of one of the parties who resided. However, the decree was not universally known due to various difficulties in publicizing it.

It was not until 1908 that the form we generally use today in celebrating marriage became common place. Issued on August 2, 1907 by Pope St. Pius X, the decree Ne Temere required the presence of the Ordinary or parish priest or another delegated priest to ask for and receive the matrimonial consent of the bride and groom. In addition to the sacred minister, two other witnesses were also required for marriage to be considered valid and lawful in the Church. There does exist an extraordinary form of marriage, but that is a question for another day.

So basically the canonical form of marriage can be described as the presence of five individuals - the bride and groom, the priest or deacon and two other witnesses. Who is bound by this form of marriage? All baptised Catholics who have not left the Church by a formal act.

However, for a good reason, a dispensation (from the local Ordinary) from canonical form can be granted in the case of marriage between a Catholic and a non-Catholic, i.e., the wedding in this case could take place in the Church and in the presence of the minister of the non-Catholic party.