According
to Pohle-Pruess
“The Council of Trent
recognized the validity of clandestine marriages contracted in places where the
"Tametsi" had not been promulgated. By a clandestine marriage we
understand one contracted secretly without the cooperation of the pastor and
the required witnesses. The Council says that all such marriages, when freely
contracted where the "Tametsi" is not published, are "rata
etvera" unless formally nullified by the Church. Note that, according to
Tridentine as well as present-day usage, a legitimate marriage among Christians
is always a Sacrament, whether blessed by a priest or not.
....
The contracting parties to a
marriage administer the Sacrament to each other. The priest is merely the
minister of the (accidental) celebration and the representative and chief official
witness of the Church. This explains why his presence is prescribed by
ecclesiastical law.
a) That the contracting parties
administer the Sacrament to each other is evident from the fact that contract
and Sacrament coincide and that both the matter and the form of Matrimony are
contained in the contract.
Contract and Sacrament being
identical, he who makes the contract eo ipso administers the Sacrament. Again,
as matter and form of the Sacrament are contained in the contract, whoever
furnishes the matter and form, effects the Sacrament. It is the express
teaching of the Church that the Sacrament of Matrimony is effected solely 3 by
the mutual consent of the contracting parties. Consequently the contracting
parties are the sole ministers of the Sacrament. It is on this assumption that
the Tridentine Council declared clandestine marriages (i.e. marriages performed
without a priest and the required witnesses) to be vera et sacra, provided the
Church does not enjoin a special form of celebration as a condition of
validity.
Berlage's opinion that the
priest is the ordinary, whilst the contracting parties are the extraordinary
ministers of the Sacrament, is untenable, (1) because the form of a Sacrament
can not be arbitrarily changed, and (2) because Nicholas I and Innocent III
have expressly declared that the only thing required for the validity of
marriage, and hence of the Sacrament, is the consent of the contracting
parties. Very properly, therefore, is Matrimony called "the lay
Sacrament."
b) If, as we have seen, the
sacramental form of marriage does not consist in the benediction given by the
priest, the priest cannot be the minister of the Sacrament.
How,
then, are we to regard the part which he takes in the celebration of marriage?
(1)
The priest is the official representative of the Church, to whose external
forum Christian marriage belongs on account of its juridical effects ;
(2)
He is the official chief witness (testis autorizabilis), upon whose presence,
since the Council of Trent, both the licitness and the validity of marriage
ordinarily depend;
(3)
He is the (sole) minister of the solemn ceremonies with which the Church
surrounds marriage, not only the ecclesiastical recognition
(solemnizatiomatrimonii), which he expresses in saying, "I join you
together in Matrimony but also the nuptial blessing, which is one of the
Church's most beautiful and significant sacramentals.
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