Tametsi
Tametsi (Latin, "although") is the legislation of the Catholic Church concerning clandestine marriage which was in force from 1563 until Easter 1908. It was named, as is customary in Latin Rite ecclesiastical documents, for the first word of the document that contained it: chapter 1 of the Decretum de reformatione matrimonii of Session 24 of the Council of Trent. It added the impediment of clandestinity and established the canonical form of marriage for validity in the regions in which it was promulgated.[1]
Clandestinity
This was the document that added the impediment of clandestinity to the marriage law of the church. It also resolved a long-standing debate over how canon law should respond to the pastoral problems caused by clandestine marriages. Since the Sacrament of Marriage is administered by the parties to the marriage to each other,[2] and not by clergy, it is unique among the Sacraments. Fear of possible change in this doctrine prompted the debate, since prior to the Council of Trent (1545–1563), clandestine marriages had been considered valid. These marriages had resultant problems – questions over legitimacy of children; difficulties over inheritance, and the potential for conflict between those who considered they had a right to a voice in the matter.
It declared that while the Church has always disapproved of marriages contracted secretly, or without the consent of parents, Tametsi affirmed that clandestine contracts of marriage freely entered into are valid, unless rendered null by the non-observance of regulations made by the Church, and anathematizes those who hold the contrary as well as those who falsely assert the invalidity of a marriage contracted without parents' consent, or who affirm that parents by their approval or disapproval may affect the binding force of such contracts.
Canonical form of marriage
The outcome of Tametsi was to establish a juridical form of marriage. To be considered valid, the marriage required the presence of the parish priest or his deputy authorized by him or the ordinary, and the presence of two or three witnesses. Banns were to be read before the marriage was to take place. For the first time, a record of marriage was to be kept.
A liturgical form for marriage was established. Couples newly married were expected to receive the priestly blessing in the church, having prepared by Confession and Communion.[3]
Problems with Tametsi
Dacanay identifies several problems that occurred as a result of the enactment of Tametsi.
One was that because Tametsi required the presence of the pastor or ordinary of one of the parties to the marriage according to domicile or quasi-domicile, the problem of determining domicile or quasi-domicile arose. Because the competence of the pastor was personal rather than territorial: the pastor had jurisdiction over the marriage depending on whether one or both of the parties had domicile or quasi-domicile in his parish.[4]
Another problem was that the law was not promulgated everywhere and therefore could not be enforced uniformly.[4]
Another problem was that the law gave rise to what Dacanay calls "surprise marriage" because the involvement of the pastor was merely passive. As an example, Dacanay cites the case where the parties to the marriage would break into the priest's residence, wake him up, and express their consent to the marriage even before the priest becomes aware of what just happened.[4]
Modifications of Tametsi
The Benedictine Privilege (November 4, 1741)
The Benedictine Privilege exempted heretics from the coverage of Tametsi when they were married among themselves or to Catholics.[4]
Ne Temere
Tametsi was superseded in 1908 by Ne Temere, which stated that a marriage is invalid unless it is contracted before a parish priest in his own parish,[5] or before a bishop in his own diocese, or by a delegate of either; and, as in Tametsi, in the presence of at least two witnesses. Also, the marriage was to be recorded in the parish register of the parish where each party was baptized.[6] Ne Temere also required the priest solemnizing the marriage to ask and receive the parties' consent to the marriage in the name of the Church, and not just receive the parties' consent.[5]
Another modification was that Ne Temere was promulgated everywhere.[5]
See also
From the 1913 Catholic Encyclopedia
Tametsi — (ALTHOUGH)
The first word of Chapter 1, Session 24 (De Ref. Matr.), of the Council of Trent. This chapter contains the legislation of the Church which was in force until Easter 1908 concerning clandestine marriage. It decrees thus: those who attempt to contract marriage otherwise than in the presence of the parish priest or of another priest delegated by him or by the ordinary, and before two or three witnesses, the holy synod renders wholly incapable of contracting and declares such contracts null and void. The reader is referred to the article CLANDESTINITY for a complete study of this decree. In a modified form the prescriptions of "Tametsi" were extended to the universal Church by the decree "Ne temere". The chapter "Tametsi" declares that clandestine contracts of marriage freely entered into are valid, unless rendered null by the non-observance of regulations made by the Church, and anathematizes those who hold the contrary as well as those who falsely assert the invalidity of a marriage contracted without parents' consent, or who affirm that parents by their approval or disapproval may affect the binding force of such contracts. It is declared, however, that the Church has always disapproved of marriages contracted secretly, or without the consent of parents. This same chapter of the Tridentine Council prescribes the promulgation of the banns of marriage, which is a repetition of the Fourth Lateran Council, the form expressing consent to be used and the inscribing of the marriage in the parochial register. It declares also that any priest, secular or regular, other than the pastor, assisting at a marriage or giving the solemn nuptial blessing without proper delegation is suspended at once and remains under suspension till rightly absolved by the ordinary of the parish priest of the contracting parties. This censure, however, is no longer incurred, though punishment may be meted out to those who offend in this matter. Finally, "Tametsi" recommends that those about to marry approach the Sacraments of Penance and the Eucharist, and that local customs and rites connected with marriage be observed. (See also MARRIAGE, MORAL AND CANONICAL ASPECTS OF.)
References
- Back to citation Domingo, Rafael (2019). Domingo, Rafael; Martinez-Torron, Javier (eds.). Great Christian Jurists in Spanish History. Cambridge University Press. p. 231. ISBN 978-1-108-44873-4.
- Back to citation Moline, Enrique (2006). Belmonte, Charles (ed.). Faith Seeking Understanding (PDF). Vol. I (2nd ed.). Mandaluyong, Metro Manila, Philippines: Studium Theologiae Foundation, Inc. p. 596. ISBN 971-91060-4-2. Retrieved April 16, 2023.
- Back to citation Van Ommeren, W., "Tametsi", New Catholic Encyclopedia ed., vol 13 2nd ed., vol 13 gale 2003
- Back to citation occurrence 4.0 Back to citation occurrence 4.1 Back to citation occurrence 4.2 Back to citation occurrence 4.3 Dacanay, S.J., Adolfo (2000). Canon Law on Marriage: Introductory Notes and Comments. Quezon City, Philippines: Ateneo de Manila University Press. p. 125. ISBN 971-92171-0-3.
- Back to citation occurrence 5.0 Back to citation occurrence 5.1 Back to citation occurrence 5.2 Dacanay, S.J., Adolfo N. (2000). Canon Law on Marriage: Introductory Notes and Comments. Quezon City, Philippines: Ateneo de Manila University Press. p. 126. ISBN 971-92171-0-3.
- Back to citation Concise Catholic Dictionary 1943