Episode Transcript
Speaker 1 00:03 Let's start with a quick review. Last week we saw that marriage is a contract that results in relationship. We saw that when that contract is made by a man and woman, then God creates a real lifelong relationship between them. We saw that a marriage that is ratified and consummated, remember that ratified means the vowels had been validly exchanged and consummated means that the marital act has taken someplace. After the exchange of vows, we saw that a marriage that's been ratified and consummated cannot be dissolved by any human power or by any cause other than death. And we must accept this doctrine on faith as part of the official revealed teaching of Christ himself. Okay, so it's clear that God created marriage with a definite unchangeable purpose and determined an unchangeable set of rules. And another day we'll consider more of these rules. But today on the feast of the espousal of our lady in Saint Joseph, we're going to take a quick look at some rules that the church herself has imposed on marriage.
Speaker 1 01:06 Today, we're going to look at the canonical form of marriage, what it is, where it came from, and why it matters. Before we start, let's make sure we understand two points. First, we're going to be talking about the canonical form of marriage for Latin Catholics. Remember, there's two basic types of Catholics. Latin Catholics, western Catholics. That's it. Most of us are, or eastern Catholics, eastern Catholic, not eastern Orthodox. Eastern Catholic like Ukrainian Catholics, Ruthenians or Maronites or melkites or civil mob are Keldi and Catholics. Very generally speaking, Latin Catholics are descended from people from the Latin speaking western part of the Roman Empire or from people that were converted by Latin, right? Missionaries and Eastern Catholics, generally speaking or just sand from people from the Greek speaking eastern part of the empire or lands to the east of that. Okay? Okay. Anyway, whether we're Latin or Greek Catholic, we have the same pope. We have the same religion.
Speaker 1 02:04 We are liturgies and some of our rules are different. Okay. The code of Canon law pertains to Latin Catholics. There's also now an eastern code of Canon Law for the eastern Catholics, so we're going to be looking at the canonical form of marriage for Latin Catholics. Okay? The rules are actually stricter for eastern Catholics, but we're now what we're not going to be taught. It's important to realize that what we're not gonna talk about today is a situation where that neither of the parties are Catholic, so if anybody, if there's any people here that were both Protestant or not baptize or something when they got married, what we're going to say does not pertain to that. Okay? If a Protestant marries a Protestant before a Protestant preacher or an a justice of the peace, that doesn't pertain to that couple. We're not talking about that today. That's the first point.
Speaker 1 02:50 We're only talking about the canonical form of marriage for Latin Catholics. We're not talking, but Latin Catholic cells that live off in the Bush like the middle of Siberia. Okay, second. That's the first point. Second Point, we have to remember that marriage is entered into by means of a contract, okay? That's hump. Marriage isn't entered into by means of a contract. That's true for all marriages, whether or not the parties are baptized, whether or not they're Protestant, whether or not they're eastern and western Catholic marriage is entered into by means of a contract. In a minute we'll be looking at the situation involving at least one Catholic. Okay. Latin. Right. Okay, so marriage is entered into by means of a contract, and if this contract is properly made, if it's validly made, then this contract between a man and a woman results in a relationship made by God that relationship is known as marriage.
Speaker 1 03:42 We need to understand that if the couple did not make a valid contract, then the relationship does not come into being. In other words, if they don't make a valid contract, they're not actually married. That's important. Everybody needs to burn that into his mind. If a couple doesn't make a valid contract, then the relationship known as marriage doesn't actually come into being. Okay. No valid contract, no marriage. Oh, sure. Our legal system might call it a marriage, but calling something on marriage doesn't make it so in the eyes of God, marriage is what it is. If a couple contracts for some other kinds of relationships, say they were just going to see how things are going to work up for the next three years or if they were not open to acts, which are themselves suitable for the generation children. They might call that a marriage, but it isn't.
Speaker 1 04:37 Marriage is what it is God created these days. As we know folks call a lot of things in marriage that certainly aren't marriage in the eyes of God. They call a lot of things at, okay, so the two points we need to keep firmly in mind are first today we're only speaking about the canonical form of marriage for Latin Catholics in second that a man and a woman make a contract in order to enter in the state of marriage if the contract is properly made. In other words, if it is validly made the net contract between a man and woman results in a relationship known as marriage, which is made by God, but if the couple did not make a valid contract, then the marriage should not come into being. Okay. Now with all that is background, let's consider just what the canonical form of marriage is for all the Latin right Catholics here, where it comes from, and just what difference does this make?
Speaker 1 05:26 The canonical form of marriage concerns the validity of the marriage in which at least one of the spouses is Catholic concerns of validity of the marriage in which at least one of the spouses is Catholic at the time of the marriage. These are the requirements with the church herself has imposed on Catholics and which must be met in order for Catholics to the contract of marriage. In other words, the church has said to Catholics, if you're free to make this contract, that's fine. No, in order to make this contract validly, here are the rules, and so or even before we discuss what exactly these church imposed requirements are, before we even discuss what the canonical form of marriage actually is, we can already see why this is so important because it concerns for validity of the marriage and invalid marriage is no marriage at all.
Speaker 1 06:22 So this is a salvation issue. It's important. It's a salvation issue. Now before we turn to the rules themselves. Let's ask, where did this come from? Why did the church impose these rules on us? The Latin Church has always taught that it was not the blessing of the priest, but the mutual consent of partners, which made a valid marriage before these rules were imposed. If a man and woman were to privately exchange files of marriage, it was recognized as a valid marriage before the rules were imposed. That was a valid marriage, but even though the marriages were indeed valid, the church condemned them and actually attached penalties. Why? Why would the church condemn a private marriage, a valid marriage, a valid sacrament, and why would there be penalties for getting married privately? What's that all about? A Candler explains exactly why these kinds of private marriages were condemned by the church.
Speaker 1 07:22 Quote marriages made in secret with no witnesses who could attest them were source of the greatest evil for the social fabric. It happened regularly that a man who had pledged himself in marriage secretly quaintly changed his mind and afterward made things worse by a new marriage, publicly celebrated this time with all due solemnity. The difficulty was now insurmountable because the true wife and children could do nothing. If for unsupported word were accepted in court that she had been married to the man who had not proceeded to a second public marriage, then all future marriages would have been put at risk since any unscrupulous woman, for example, could perjured herself to the effect of the bridegroom. There was actually her husband, so in the years before the council of Trent, it can be said that people were required to marry in the canonical form for lawfulness but not for validity.
Speaker 1 08:21 At the Council of Trent, the fathers acknowledged that no one but the spouses can create the marriage in this by their own acts of consent. Should the church could, the church invented new condition for the validity of consent, one that clearly did not come from divine revelation nor from tradition and certainly not from canonical precedent. In fact, the greatest disagreement revolved around the question. If all that God requires for marriage is at two people who are free to do so, express consent. Then how can the church nullify that consent because of absence of procedural problem points of law in spite of this steadfast opposition of a large number of bishops, 60 in fact, in November, 1563 during the last session of the council, the fathers approved a decree meant to put an end to unwitnessed marriages. The decree contains four points of interest for us. Number one, clandestine marriages created by the consent of the parties are true and ratified Sacramone marriages as long as the church does not invalidate them.
Speaker 1 09:27 Number two, the church has always condemned such marriages, but now it is evident that condemnation and prohibition have not overcome disobedience and grave harm has come from these private marriages. Number three, the decree of the fourth Ladner and consuls renewed. The bands and marriage be published on three consecutive days of public worship in the parish of the gate engaged probably some of the young people here don't know what the band's of marriage are. The bands and marriage are not smit of an upcoming marriage. Traditionally they read from the pulpit and published in the bulletin for three Sundays prior to the marriage. If anyone reading the bands and marriage knew of some just cause why those two people shouldn't get married. Then they had to report it to the pastor and all that. Although the bands are still permitted and in some places they're still published since 1983 the bands are no longer required.
Speaker 1 10:18 Okay. Back to the council of Trent, the decree of the fourth Lateran councils renewed its abandoned marriage be published on three consecutive days of public worship in a parish than gauged. And if no legitimate impediment is found, the marriages to take place with a man and woman declaring their consent before the parish priest. And number four, that's the key concept for today. The concept declares and makes incapable of contracting marriage any persons who attempt to do so without having its witnesses. The parish priest of the place or some priest delegated by him or by the bishop along with two or three witnesses. The concept of Claire's marriages attempted without these witnesses to be null and void. This idea of the parish priest to the parties into witnesses seems originally had been the idea of the King of France who sent envoys to the council requesting this form.
Speaker 1 11:07 The involvement of the parish priest did not imply the priest had a ministerial function and marriage, but was simply distressed the need for an adequate registration of marriages such in many districts. The local priest would be the only literate person and therefore the only one able to discharge the office of Registrar. The concept trend did not make the geritical form absolutely binding until the degree was promulgated and this took place slowly in some regions. In fact, it wasn't until a decree of Pope Saint Pies. That tent in 1908 to the canonical form became universally effective for Latin right Catholics. Close quotes. Okay, so the concept Trent is responsible for having produced the canonical form of marriage as a requirement for validity in Pope Saint Pasta tent is responsible of having promulgated this requirement throughout the world. And the whole reason the church was finally compelled to do this was because of what was happening far too often as a couple would get married and then the guy would abandoned his wife trader in on a new model and and present himself to the church in the sanctuary.
Speaker 1 12:07 And there wasn't a thing that the actual life could do about it. She couldn't prove that she was his wife. Since there had been no witnesses to the exchange of vows. Hell, he had to say is we were, it was common law and she was doomed. So that's what happened. We can see where the church impose a canonical form of marriage on the faithful. Now it's important to note in situations where both parties, both the men and women are not Catholic. They're not bound to that form of marriage. Okay. I just want to say that again. We just heard from the concert Trump, but we can find, find the canonical form of marriage and the new Coda can alon cannon 1108 and for all that, those who were married before 1983 it's 1117 paragraph one and Canon 1108 quote only. Those marriages are valid, which are contracted in the presence of local, ordinary, local ordinaries, the bishop of the diocese.
Speaker 1 12:55 Only those marriages are valid, which are contracted in the presence local, ordinary, or parish priest, or the priest or the deacon delegated by either them, the bishop or the parish priest who in the presence of two witnesses assists in accordance. However, with the rules set file hours than the fallen. Canon's. Dot, dot dot.dot close. Cool. So there it is. The canonical foreign marriage means that in order to be valid, the marriage must be contracted in the presence of two witnesses and also assisted at either by the local bishop, the parish priest, or priest or deacon with the delegation from local bishop or the parish priest. The basic idea here is that if you're Catholic, the church requires they have a catholic wedding for validity. Why are we spending a whole sermon explaining something this basic that probably everybody knows because everybody doesn't know this. Here's the problem.
Speaker 1 13:44 If a Catholic guy and his girlfriend gets some wild idea and decide to go down to local Chester that peace or drive to reno or go over to the first church of what's happening now and go up there, stand up there and exchange vows, it's not valid. That's another way saying that nothing happened. They went in there as boyfriend and girlfriend and they went out as boyfriend and girlfriend. Nothing happens. They're not married. That's what we have to preach about it cause it is serious. It's serious. We all remember the sixth precept of the church from our catechism or we should the six preceptor, the churches were required to observe the married lot marriage laws, the church. All right, so when we're little shrimps, learn a catechism. That doesn't mean very much. It's just something that we can spell it back but when we get older we can realize, wait a minute, this actually matters.
Speaker 1 14:36 I had better observed the marriage laws cause it's this salvation issue. Okay, here's another important point. Suppose the Catholic girl wants to do. The guy wants to marry some girl and it's going to cause world war three and all kinds of family problems cause she, if she doesn't get married in her dad's church cause her dad is the preacher down at the first church of what's happening now. We just saw that what happens if they go in there and stand in front of her dad and everyone and exchange files? Nothing happens. They came in as boyfriend and girlfriend and they leave as boyfriend and girlfriend. They didn't get married because they couldn't get married. What can be done? Here's an important detail. The bishop has the power in individual cases to release a particular couple from the requirement of having a Catholic priest or deacon witnessed the marriage and if because of grave family problems, the bishop releases that particular couple than it actually is a valid marriage.
Speaker 1 15:34 Okay. See the church has no power to change God's rules. God says it. That finishes it. She has no part change God's rules, but these are rules made by the church and stuff. There's a good reason the legitimate authority in the church can dispense with them to some degree. So the church established these rules, which means that the church has a part of dispense from what does that mean? It means that everything else being the same. If a Catholic tries to contract marriage done at the first church of what's happening now, but he doesn't have a dispensation, then he didn't get married. But if he does have a dispensation from the bishop, they did get married. So everything else being the same, no dispensation, no marriage, dispensation, marriage. What are we saying? We're saying that if a Catholic doesn't observe the canonical form of marriage and doesn't have a dispensation, he cannot validly contract marriage.
Speaker 1 16:27 It's true whether or not the couple is aware of the fact this is true. Whether or not they know the rules. Marriage is what it is. The couple may not be guilty of a thing. They may be even innocently unaware of the teaching of the church here. That's understandable in the times we live, but good intentions don't change a situation. Could intentions can't change the situation. Marriage is what it is, which means that if a Catholic doesn't observe the Conoco form and doesn't have a dispensation, that he can't validly contract marriage. If they don't know there's no sin. In order to commit a sin, we have to know we're doing something wrong. Okay, set. There's ignorance. There's no sin, but there's still no marriage. A remark to anybody that might be listening to this online. If you're in this predicament, go see your parish priest.
Speaker 1 17:19 He can help you out. All right, now let's consider the case when a couple, at least one of whom is Catholic, does this knowingly. They actually know that the church requires a certain form for marriage, but they blow it off. Then what are they doing? Well, first off, since they're not observing a form, they're not married, and secondly, since they're doing it knowingly, they're committing a serious sin. It's not possible. Get married and they're knowing, deciding to live together without the benefit of the sacraments. They're knowingly deciding to live together and sin, so it's not a marriage. It's a serious sin. Why is this important? Besides the reason we've just seen? Starting about this time? Every year the phone calls will start pouring into the priest. They go something like this. Father, we just got an invitation to a wedding. My son, daughter, niece, nephew, God sent God daughter, et Cetera, et Cetera, is a Catholic, but has decided to get married, don at the first church of what's happening now. Can we go to this wedding? Do they have a dispensation from the bishop?
Speaker 0 18:18 No, father.
Speaker 1 18:20 Well, I'm sorry to say that you can't go see. They've made it a decision to not invite Christ to their wedding and since they're actually forcing you to make a choice, you're going to have to choose Christ our Lord. They're not getting married and as Catholics who love our Lord, we don't get involved in those kinds of celebrations. Okay. I'm also sorry to say that you can't go to the reception either. We simply can't put an appearance in at a ceremony or celebration, which we realize is action on of two people living together without actually getting married.
Speaker 1 19:00 Does this mean we have to disown these people, keep them totally out of our lives? No. We can visit them on other occasions as long as doing so, can't be construed as a a positive approval of the living circumstances and please God will be an instrument of that. Bringing them back to the face, get in their marriage, blessed and so forth. Let's review. What did we see today? We considered the canonical form of marriage for Latin Catholics. We saw the canonical form of marriage concerned certain requirements with the church herself has imposed upon Catholics and which must be met in order for a Catholic to validly contract marriage. We started, the whole reason the church finally imposed these requirements was because far too often a couple would get married secretly. Then the guy would abandoned his wife and his kids, get a new wife, marry her publicly, and there wasn't a thing that the actual life could do about it.
Speaker 1 19:53 She couldn't prove that she was actually his wife, so she had no witnesses to the exchange of ours. We saw it for validity. The council of Trent required a marriage to be contract from the presence of two witnesses and also existed either at either at by the local bishop, their parish priest, a priest or deacon with delegation. The local bishop prepares priest. We said if a Catholic tries to contract marriage down at the first church of what's happening now, but he doesn't have a dispensation. The bishop did. He didn't get married, but if he has a dispensation, the bishop did. He did get married. So again, everything else being the same, no dispensation, no marriage, dispensation, marriage. We saw that if we're invited to wedding, which one of the parties is a Catholic, which is not going to take place according to canonical form and for which there is no dispensation for the bishop, then we can't go to the wedding or the reception. Since they're not actually getting married, we might not have known this before, but now we and as Catholics who love our Lord, we simply can't make an appearance. At a ceremony which we now realize is a celebration of two people living together without the benefit of sacraments. Let's close. Parents tell your children that you love them, that they must obey the churches, marriage laws, and God forbid if they ever decide to disobey and force you to take sides. As much as you love them, you're always going to side with Christ our Lord.
Speaker 0 21:21 All right.
Speaker 1 21:22 Tell them we love you, but if you force us to take sides, we're always going to side with Christ our Lord. We're always going to side with Christ our Lord.
