§ 3. On The Revelation Of Impediments

Just as it is the office of the parish priest publicly to denounce matrimonies to be contracted, so also it is the office of the faithful to manifest the impediments which they know obstruct their celebration. - The following will declare the things which pertain to this obligation.

2065. Principles. I. Every Christian faithful person who KNOWS that there is some impediment between the betrothed which obstructs the celebration of matrimony, IS BOUND, and indeed under grave obligation, to DENOUNCE it. The obligation proceeds from the law of charity, by which we are commanded to avert damage which threatens either a private person or the community (cf. n. 479 and 483): certainly damage of this sort would threaten each from impediments not manifested.³⁶ Besides this, there is the positive precept of the Church.³⁷

It is said 1. Every; because no one, unless legitimately excused, is exempt from this law; but first of all the contracting parties themselves are bound to confess an occult impediment, and to obtain dispensation.³⁸

2. Who knows, i.e. who has had at least probable notice concerning the impediment, even if he cannot prove it; both because such denunciation conduces to further investigations, and because on account of denunciation alone matrimony can sometimes be impeded, namely if the one denouncing is a witness greater than every exception.³⁹ But "if you know the impediment by hearing, but do not remember from whom, or if you received it from a person not worthy of faith, you are not bound to denounce."⁴⁰

3. Some impediment, "whether it is diriment or impedient, even though it is occult and defamatory, namely one which had origin from sin. For anyone is bound to manifest another's occult sin, when the prelate legitimately has commanded it," as in this case (cf. n. 1186).⁴¹

4. Which obstructs, i.e. in which there has not been dispensation. Whence "if the impediment is occult, and dispensation for it has already been obtained as to the internal forum, the one knowing it is not bound to denounce it."⁴²

5. He is bound to denounce it under grave obligation; for there is question of a most grave matter, in which the Church intends to oblige strictly. Yet he is excused from this obligation who cannot denounce without grave damage to himself, or scandal of others.⁴³ Hence no one is bound to manifest his own illicit intercourse, except the nupturients themselves, who ought either to abstain from matrimony, or to procure dispensation for themselves. But one excused ought, if he can, to impede the matrimony.

You ask whether he is excused from denunciation who knew the impediment UNDER SECRET? Resp. Negatively, even if the secret was committed, and an oath of not revealing was added. - The reason is that a promise, even sworn, does not oblige when grave damage threatens the community or a third person⁴⁴ (cf. n. 616). - More probably except the case if someone knew the impediment under the secret of counsel, by reason of a public office which he exercises, for example a parish priest, physician, advocate, etc. For thus the public good seems to demand.⁴⁵ - Nevertheless they are bound, if they can, to warn the nupturients.

2066. II. Revelation, AS SOON AS morally it can be made, is to be made TO THE PARISH PRIEST of the betrothed, or to the BISHOP, yet the order of charity being observed. - Hence, if the impediment is defamatory, and admonition is probably going to be profitable, first the betrothed are to be warned, so that they may provide for themselves. Otherwise, the parish priest or Bishop is to be approached at once, because in circumstances of this kind there is ordinarily danger in delay.⁴⁶

2067. Questions. IT IS ASKED 1. What the PARISH PRIEST, when an impediment is known, ought to do?

Resp. "If the impediment is denounced by others, it is certain from cap. fin. de cland. desp. that the parish priest is bound to interdict the nuptials, and to refer the matter to the Ordinary, that he may take cognizance." And the same must be affirmed, if he alone knows the impediment, outside confession. "The reason is that, if anyone is bound to reveal an impediment, even if he alone knows it, a fortiori the parish priest is bound, upon whom by office it is incumbent to take counsel for the salvation of his sheep. Nor does it obstruct that the Sacrament is not to be denied to an occult sinner publicly seeking it; for it is answered that this proceeds when the impediment merely renders reception of the Sacrament illicit; but otherwise, if the impediment, besides reception, furnishes occasion of other damages and faults."⁴⁷

IT IS ASKED 2. Whether and when the denunciation of ONE WITNESS suffices for impeding matrimony?

Resp. 1. The very common and truer opinion affirms that one witness suffices, even if he is not greater than every exception, provided he has the QUALITIES to be explained below. It is proved from cap. Super eo 22, de test. et attest., and also from cap. Praeterea 12, de sponsal. "The reason is that, although when there is question of prejudice of a third party, full proof is required, nevertheless since here there is question of avoiding danger of the soul, namely if perhaps matrimony were contracted with an impediment, the law is content with a lesser proof."⁴⁸

Resp. 2. The QUALITIES REQUIRED so that one witness can impede matrimony are these: - 1) that he not only denounce, but also depose; unless such a witness by denouncing proved concerning the fame of the impediment, because then it suffices that he denounce; - 2) that he depose or denounce with an oath, because in those things which are to the prejudice of a third person, he is not believed unless he is a sworn witness; - 3) that he depose from certain knowledge, not from hearing: unless it is an impediment of consanguinity or affinity; because then it suffices that he depose that he knew it from certain and trustworthy persons; - 4) that the witness not be a base person; provided the fact is not so occult that it cannot be proved otherwise; for where the faculty of proving is lacking, even proof not sufficient of itself is admitted. Thus commonly.⁴⁹

And here it must be noted that the fame of an impediment is sufficient for impeding matrimony, unless the consanguines of the betrothed, or the betrothed themselves, should swear that the impediment is not present.⁵⁰