Section — Merkelbach, Pastoral Questions
§ 2. Banns to Be Published
- I. Notion.
Banns are public denunciations which must be sent before the matrimony to be celebrated, for this end: that canonical impediments perhaps existing may more easily be detected. Lateran Council IV (1215) had prescribed one proclamation. The Council of Trent1 established that three proclamations were to be made by the proper pastor of the contracting parties on three continuous feast days during the solemnities of Masses. The Code prescribes the same, with a few changes. (C. C. 1022-1030.)
- II. Obligation of banns.
- All agree that that law obliges under grave sin. For grave is the end of that law, which is to detect impediments and to avoid secret marriages.
To omit three proclamations, necessity or dispensation excepted, would be a mortal sin. According to several, it would also be grave to omit two. To omit one is a light fault.
- Proclamation of banns is prohibited in marriages of mixed religion or of disparity of cult, unless by license of the Bishop and with scandal removed. But then no mention is made of the religion of the non-Catholic party. (Can. 1026.)
- III. Time of the proclamations.
a) "Publications are to be made on three continuous Sundays and other feasts of precept in church, during the solemnities of Masses or during other divine offices, to which the people come in number." (Can. 1024.)
Therefore the publications must be made:
- On three Sundays or feasts of precept, i.e., on which the obligation of assisting at Mass is imposed upon the faithful.
- Continuously: namely with no feast day omitted.
It is only venial, or even, when a reasonable cause exists, no sin, to omit one intermediate feast day.
- In church during the solemnities of Masses or during other offices.
Therefore publications can be made not only at solemn Mass, but at any office whatsoever, provided that a numerous people is accustomed to be present.
b) 1) Unless a reasonable cause demands otherwise, the pastor should not assist at the matrimony before three days have passed from the last publication. (Can. 1030 § 1.)
- "If within six months the matrimony has not been contracted, the publications are to be repeated, unless it seems otherwise to the Ordinary of the place." (Can. 1030 § 2.)
- IV. Form of the publications.
a. It varies in different dioceses. They must be made in the vernacular tongue and in a loud and intelligible voice.
b. But "the Ordinary of the place can, for his own territory, substitute for the publications a public posting at the doors of the parish church or of another church of the names of the contracting parties for the space of at least eight days, yet in such a way that, in this space, two feast days of precept are comprehended." (Can. 1025.)
- V. The place in which the publications are to be made.
a. They are to be made in the parish both of the groom and of the bride. And if they have several domiciles or quasi-domiciles in several parishes, let the banns be published in all of them, saving the dispensation of the Ordinary.
b. "If a party has stayed in another place for six months after having attained puberty, the pastor should expose the matter to the Ordinary, who, according to his prudence, should either require publications to be made there, or prescribe that other proofs or conjectures concerning the freedom of state be gathered." (Can. 1023 § 2.)
c. "If there is some suspicion concerning an impediment contracted, the pastor should consult the Ordinary even for a shorter stay, who should not permit the matrimony unless the suspicion has first been removed according to the norm of § 2." (Can. 1023 § 3.)2
2 In Belgium the Council of Mechelen, 1920, moderates that prescription thus: when it is clear to him "through public documents, through private testimonies or trustworthy documents together with the sworn affirmation of the contracting parties, that nothing stands in the way of the matrimony and especially that the persons about to marry are free, the pastor is not bound to expose the matter to the Ordinary, nor are publications to be made in another parish."
- VI. Dispensation from banns.
a. "The proper Ordinary of the place, according to his prudent judgment, can from a legitimate cause dispense from publications to be made even in another diocese." (Can. 1028 § 1.)
"If there are several proper Ordinaries, that one has the right of dispensing in whose diocese the matrimony is celebrated; but if the matrimony is entered outside the proper dioceses, any proper Ordinary can dispense." (Can. 1028 § 2.)
b. A Bishop cannot dispense except from a legitimate cause. Otherwise the dispensation is invalid, because in this case the Ordinary dispenses in a common law, i.e., in the law of his Superior.
c. For estimating what cause must be held sufficient, it is necessary not only to weigh the cause itself, but also to inspect whether there is present moral certitude, or only a greater or lesser probability, concerning the absence of any impediment whatsoever.
If it is morally established that there is no impediment, any reasonable cause, indeed the petition of the spouses itself, is a sufficient cause for dispensing even from all publications.
But if a positive doubt is present concerning some impediment, the Ordinary cannot in any way, not even from a most grave cause, dispense from all publications.
Finally, if neither moral certitude concerning absence nor positive doubt concerning the existence of an impediment is had, the Ordinary can dispense for various causes.3
3 Capello, op. cit., n. 168.
- VII. Obligation of revealing impediments.
a) 1. "All the faithful are bound to reveal impediments, if they know any, to the pastor or to the Ordinary of the place before the celebration of matrimony." (Can. 1027.)
This obligation is grave, because the end of the law is of great moment, namely to impede illicit and invalid marriages. Nor does it proceed from positive law alone, but also from natural law.
- If the revelation would bring some infamy upon the spouses, they themselves must first be warned, if this is possible; but if the warning is of no benefit, then the impediment is to be revealed to the pastor.
b) Nevertheless there are causes which excuse from revelation:
- Uselessness of denunciation: for instance if the pastor already knows the impediment, or if there has been a dispensation from the impediment in the forum of conscience, etc.
- Grave damage, one's own or another's.
But then even the one who knows the impediment is bound to impede the matrimony insofar as he can.
- A sacramental or professional secret, but not a natural secret or a promised one, even with an oath.
Then also the one thus excused is bound to warn the persons about to marry, if he can.
- VIII. What must be done by the pastor if some impediment is detected.
The impediment is either doubtful or certain.
a) A doubtful impediment.
"1° The pastor should investigate the matter more accurately, by questioning under oath at least two trustworthy persons, provided that there is not question of an impediment from whose knowledge infamy would arise for the parties, and, if it is necessary, the parties themselves also.
"2° He should carry out or complete the publications, if the doubt has arisen before the publications were begun or completed.
"3° He should not assist at the matrimony, without consulting the Ordinary, if he should prudently judge that the doubt still remains." (Can. 1031 § 1.)
b) A certain impediment.
"1° If the impediment is occult, the pastor should carry out or complete the publications and refer the matter, withholding names, to the Ordinary of the place or to the Sacred Penitentiary.
"2° If it is public and is detected before the publications have been begun, the pastor should proceed no further until the impediment is removed, even if he knows that a dispensation for the forum of conscience alone has been obtained; if it is detected after the first or second publication, the pastor should complete the publications and refer the matter to the Ordinary." (Can. 1031 § 2.)
- IX. Testimonial concerning publications performed.
a. "If another pastor has carried out the investigation or publications, he should immediately make the pastor who must assist at the matrimony certain concerning their outcome by an authentic document." (Can. 1029.)
b. For the authenticity of that testimonial (lettres de liberté), it is required that it be duly signed by the pastor and furnished with the parochial seal.
- X. Matrimony of wanderers.
"At the matrimony of wanderers... the pastor, except in a case of necessity, should never assist unless, after the matter has been referred to the Ordinary of the place or to a priest delegated by him, he has obtained license to assist." (Can. 1032.)
- XI. Matrimony of minor children.