Article IV. On the Revelation of Impediments

Notes near Article IV, revelation of impediments before Matrimony (printed p. 228).

1 L. VI. 1007. H. A. Tr. XVIII. 59. | 2 L. VI. 1007. | 3 L. IV. T. III. n. 46. | 4 De Imped. n. 268. | 5 Notes on the Sec. Plen. Counc. n. 302-304.

Notes near nn. 1540-1541, obligation and limits of revealing impediments (printed p. 228).

1 L. VI. 994. | 2 c. 3. | 3 c. 4. art. 4. | 4 n. 409. | 5 L. VI. 995. | 6 Ib. 994. | 7 De Imped. n. 269. | 8 Ib. | 9 L. VI. 995.

1540. Principles. - I. There is in itself a grave obligation of revealing impediments of Matrimony, however occult. The reason is drawn from the motive of Religion and charity, and also from the precept itself of banns.¹

II. The obligation generally regards all the faithful of whatever sex, age, parish or diocese, etc., and also blood relatives and friends. The reason is because that law is borne in the name of the Church, to which all Christians are subject, and it rests upon the natural precept of Religion and charity, which regards all. Indeed, although, once Matrimony has been celebrated, the positive law of announcing ceases, nevertheless the law of charity can, according to the circumstances, demand the said revelation.

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

1541. Questions. - Quaer. 1° Must impediments known under even a committed secret be revealed?

Resp. Affirmatively, even if an oath not to reveal them has been added. The reason is because a natural secret, even committed and sworn, does not oblige when grave damage threatens the community or a third person. - If nevertheless the impediment is infamous, those about to marry themselves must first be admonished, unless either the admonition is probably not going to be profitable, or there is danger in delay.¹ Cf. n. 541. q. 1°.

Except, more probably, the secret of counsel, or a secret committed to a man exercising a public office for the sake of seeking counsel, e.g. to a physician, advocate, Pastor, etc., provided this is done by reason of their profession. For thus the common good seems to demand. - Collet,² Bouvier,³ Carriere,⁴ and others, against others. But even those who under a secret of this kind know the impediment ought at least to admonish the betrothed persons that they desist from Matrimony, unless the admonition probably is not going to be profitable.

Quaer. 2° Are you held to reveal an impediment with your grave inconvenience or detriment?

Resp. Negatively, generally speaking, because the law of the Church and charity do not oblige with so great an inconvenience. - Thus commonly.¹ The Doctors commonly excuse also in these other cases, namely: 1° when someone has only heard of the impediment, but does not know from whom, or has heard of it from a person not worthy of faith; - 2° if he probably judges that revelation is going to beget grave scandal among others; - 3° if he knows that the contracting parties have obtained an occult dispensation for the forum of conscience in an impediment whose report is not public,² and (Feije adds)³ which probably cannot be brought to the external forum; 4° if in another way he can impede the Matrimony and truly does impede it, or efficaciously sees to obtaining dispensation.⁴

Quaer. 3° Are you held to reveal an impediment if you alone know it and cannot prove it?

Resp. Affirmatively, because in the present matter the testimony of one person can suffice, at least for further investigation. - Thus the most common and truer opinion.⁵

Quaer. 4° Are the contracting parties themselves held to reveal an impediment?

Resp. Affirmatively. The reason is because here there is no question of a penalty to be inflicted, but of sin to be avoided; wherefore it is necessary either that they abstain from Matrimony, or disclose the impediments.

Quaer. 5° What must the Pastor do if he has knowledge of an impediment which is known or probably feared to be present, whether by himself or through others?

Resp. 1° If he acquired the knowledge outside Confession, he cannot pass on to the celebration of Matrimony, but must communicate the affair suitably to the betrothed persons, and, if doubt remains, refer it to the Ordinary.

Resp. 2° If it is clear to the Pastor concerning an occult impediment outside Confession, but the one who is bound by the impediment denies it, he will not be able to assist, whether Matrimony is sought secretly before witnesses, or (more truly according to St. Alphonsus) publicly. Cf. what was said n. 1229. Rule III. Except 2°.

Resp. 3° If he knows an impediment outside Confession, and at the same time knows that dispensation has been obtained for the forum of conscience, he can assist if the impediment is of such a kind that it cannot be brought to the external forum, or at least no probable reason for fearing this is present; otherwise, before he assisted, dispensation would have to be obtained for the external forum.

Resp. 4° Whether he ought immediately to cease from continuing the proclamations depends on the certitude or likelihood of the impediment. See Bangen.

Resp. 5° If he acquires the knowledge in Confession, see what is to be said n. 1556. q. 3°.

I. On the Inquiry into Impediments to be Premitted. - II. On the Necessary Instruction of the Contracting Parties in Christian Doctrine. - III. On the Confession to be Premitted to Nuptials.

Notes near the appendix to banns, inquiry and preparatory duties (printed p. 229).

1 L. VI. 1002. Dub. 1°. | 2 p. 71 sq. | 3 Bulla: Nimiam licentiam, 18 Maii 1743. § 10.

Notes near n. 1542, inquiry into impediments before proclamations (printed p. 229).

1 L. VI. 54. | 2 Heiss. de Matr. § 68. I. | 3 De Syn. L. VIII. c. XIV. n. 5. 6. | 4 Tr. VIII. 48.

Notes near n. 1542, Tridentine admonition and impediment inquiry (printed p. 229).

1 Sess. 24. c. 1. Ref. Matr. De hujus Tridentini moniti fine agit Nouvelle Revue Theol. T. V. p. 301 sv. | 2 Cf. Conc. Pl. Balt. II. n. 329. 330.