Article IV. On the Revelation of Impediments

741. Principles. - I. There is per se a grave obligation to reveal impediments to matrimony, however occult. The reason is derived from the motive of Religion and charity, and also from the precept of the banns itself.

II. The obligation generally pertains to all the faithful of whatever sex, age, parish, or diocese, etc., and also to blood relatives and friends. The reason is that this law is enacted in the name of the Church, to which all Christians are subject, and rests upon the natural precept of Religion and charity, which pertains to all. Indeed, although after the matrimony has been celebrated the positive law of denunciation ceases, nevertheless the law of charity can, according to the circumstances, require the aforesaid revelation. - Scavini.

III. That obligation must be fulfilled as soon as morally possible, because if the betrothed persons should perhaps obtain a dispensation from one or another proclamation and contract sooner, time will not remain for making the revelation, etc.

742. Questions. - QUESTION 1. Must impediments learned even under an entrusted secret be revealed?

Reply. Yes, even if an oath not to reveal them was added. The reason is that a natural secret, even one entrusted and sworn, does not bind when grave harm threatens the community or a third person. - St. Ligorius, no. 994.

Except, more probably, a secret of counsel, or a secret entrusted for the sake of seeking counsel to a man exercising a public office, for example, a physician, advocate, Pastor, etc., provided this is done by reason of their profession. For the common good thus appears to require it. - Collet, chapter 5. - Bouvier, chapter 3, article 4. - Carriere, no. 409, and others against others. But those who know an impediment under a secret of this kind must at least warn the betrothed persons to desist from matrimony.

QUESTION 2. Are you bound to reveal an impediment with grave inconvenience or detriment to yourself?

Reply. No, speaking generally, because the law of the Church and charity do not bind with so great an inconvenience ¹. - Thus commonly. - St. Ligorius, no. 995.

¹ The Doctors commonly excuse also in these other cases, namely: 1. when someone has merely heard of the impediment but does not know from whom; 2. if he prudently believes that he will accomplish nothing by revealing it, or even much more if he judges that the revelation will harm those contracting in good faith; 3. if he probably thinks that the revelation will produce grave scandal among others; 4. if he knows that the contracting parties have obtained an occult dispensation for the forum of conscience. St. Alphonsus (book 6, no. 994) excepts the case in which the report of the impediment is public; but in a notorious matter there can scarcely be need of a denunciation unless perhaps someone thinks that proofs of the impediment are known to him alone.

743. • QUESTION 3. Are you bound to reveal an impediment if you alone know it and cannot prove it?

Reply. Yes. The reason is that in the present matter the testimony of one can suffice. - Thus the most common and truer opinion, says St. Ligorius, no. 995.

QUESTION 4. Are the contracting parties themselves bound to reveal the impediment?

Reply. Yes. The reason is that here there is no question of inflicting a penalty, but of avoiding sin; therefore they must either abstain from matrimony or disclose the impediments. - See Cases, no. 848.