§ 3. On The Diriment Impediment On Account Of Defect Of The Prescribed Form, Or On Clandestinity

2040. Matrimonies are called CLANDESTINE which are not contracted in the face of the Church. - These, indeed, were odious to the Holy Church in every age, until finally the Council of Trent, through the celebrated Decree Tametsi,²⁷ proscribed them under penalty of nullity: by which namely "it invalidates the matrimony of those who contract otherwise than before the parish priest, or another priest with the license of the parish priest or of the Ordinary, and at least two witnesses, and wills that those who have contracted against this, or even were present, be gravely punished."²⁸

Therefore CLANDESTINITY is an impediment of ecclesiastical law consisting in this, that matrimony is contracted without the assistance of the parish priest and witnesses: by which it happens that the parties are rendered unable to contract, and that the nuptials entered are invalid.

In another sense also, a matrimony is called clandestine, namely when it is contracted maliciously without denunciations; but in this case it is not invalid, but only illicit.²⁹

What things are required, however, that satisfaction be made to the PRECEPT both of premising denunciations and of observing the Tridentine form, we shall say below, where we treat of the celebration of Matrimony (n. 2056 sqq. and 2068 sqq.).