Article — Noldin, Summa of Moral Theology
Article Two. On the Proclamations of Matrimony.
551. On the Law of Proclamations. The law of the Church obliging under grave obligation prescribes that matrimony, before it is contracted, be publicly announced three times by the proper parish priest of the contracting parties, on three continuous Sundays and other feasts of precept, in the church during the solemnities of Masses or during other divine offices to which the people come in numbers.1
a. Public announcements of matrimony are customarily called banns; this word seems to be Germanic and to signify public proclamation, although in this sense it is now no longer used.
b. The law of banns, existing first in Gaul, the Fourth Lateran Council under Innocent III extended to the universal Church; but by the Council of Trent, and now by the new Code, the same law, renewed and more accurately determined by several added prescriptions, has been established.
c. With the obligation of proclaiming the matrimony there belongs to the parish priest the right of making proclamations, which is a proper parochial right. But the faithful seeking a proclamation acquire the right that their matrimony be proclaimed by the parish priest.
- That this law is grave is gathered: a. from its grave end, for obtaining which proclamations contribute much; b. from the grave penalty established by the Council against transgressors; nevertheless it admits smallness of matter.
a. The end of the law is threefold: that impediments to contracting matrimony, if any perhaps exist, may be detected; that clandestine marriages may be eliminated; that children not contract marriages against the will of parents. But the principal end is the first.
b. Small matter: to omit only one proclamation from the three required, or to make two on the same day, does not exceed light sin;2 indeed, in the probable judgment of some, to omit two is not grave if the danger of a hidden impediment is removed, e.g., by waiting several days before the matrimony is made.3 Likewise to fulfill the prescribed circumstances not formally but only equivalently does not exceed venial sin. For a grave cause, to omit those things which oblige only under venial sin is free from all fault.
- The law of proclamation binds as regards all marriages of Catholics: a. even if the matrimony to be contracted is publicly known; b. even if it is established that no impediment underlies it, because the universal law urges, even if in a particular case the end of the law ceases.
Nevertheless there is excepted a. the matrimony of rulers, which is not customarily proclaimed, because their family is so known that an impediment, if any underlies it, can easily be known; b. a case of urgent necessity, as if in danger of death matrimony had to be contracted for legitimating offspring.
- Marriages which are celebrated with dispensation from the impediment of disparity of cult or mixed religion are by law not to be published. Nevertheless the ordinary can permit this, these conditions being observed: that scandal be absent, that dispensation in the impediment has preceded, and that mention of the religion of the non-Catholic party be omitted.4
1 Council of Trent, sess. 24, c. 1, De reform. matr. Cn. 1022, 1023, 1024.
2 St. Alphonsus, n. 900.
3 D'Annibale III, n. 453; Gasparri I, n. 152.
4 Cn. 1026.
552. On the Proclamations Themselves. Proclamations must be made: 1. By the proper parish priest of the contracting parties,1 or by another with his license.
a. The proper parish priest is he in whose parish those about to marry have domicile or quasi-domicile. If they have domicile or quasi-domicile in two parishes, each parish priest is their proper parish priest. Of those who have only a diocesan domicile, the proper parish priest is he in whose parish they actually live. Of vagi likewise the proper parish priest is he in whose parish they are actually staying.
b. The parish priest can delegate another priest or cleric to make the announcements. But he cannot delegate a layman, unless from legitimate custom, as in Spain.
- On three continuous Sundays or feasts on which, from the universal precept of the Church or the particular precept of the diocese, the obligation of hearing Mass urges, so that there may be a gathering of the people; but not on abrogated feast days, although the people are accustomed to flow together in numbers. Continuous, that is, succeeding one another in such a way that no feast day is passed over without announcements, lest perhaps the people forget the announcements. If nevertheless a feast day is passed over from any cause, the announcement is to be continued on the following feast day.
a. Announcements can also be made on feast days immediately succeeding one another; but if three feast days immediately succeed one another, it is better that one be passed over without proclamations.
b. The law is not satisfied if proclamations are made on feasts of devotion or on weekdays, although the people come to the church in numbers.
- In the church, namely the parish church, during the solemnities of Masses or during other divine offices to which the people come in numbers.2
Formerly announcements could be made only during the solemnities of Masses; now it is expressly permitted that they can also be made during other divine offices, e.g., at vespers or on the occasion of a procession or sermon, provided the people are present in numbers.
- By living voice according to common law; nevertheless the ordinary can for his territory substitute for publications the public affixing at the doors of the parish church or another church of the names of the contracting parties for the space of at least eight days, yet in such a way that during this space two feast days of precept are included.3
a. This exception, which already long ago, S. C. C., March 28, 1908, was granted to the archbishop of Paris for parishes which contain more than 10,000 souls, has now been made universal.
b. If the parish priest had forgotten to make the announcement in Mass, or if the names of the betrothed had in no way been understood by the hearers, the proclamation could either be deferred to the following feast day or be made in the afternoon.
c. If on some feast day in another, filial, church there were a parochial Mass and a numerous gathering of the people, the announcement could be made there, because the end of the law is better obtained there.
- With the law considered, the following rules indicating whether publications must be made in one or in several parishes are to be established:
a. If the betrothed belong to the same parish, publications must be made in that parish only; if they belong to different parishes, they must be made in each parish.
b. If one or both of the betrothed has domicile or quasi-domicile or two domiciles, publications must be made in all these parishes; for each parish priest is proper.
Minors who outside the domicile of parents or guardians have a quasi-domicile must be proclaimed both in the domicile of fact which they themselves have and in the domicile of parents, which is their domicile of law.
c. If either of the betrothed after the years of puberty has stayed elsewhere for six months, the matter is to be referred to the ordinary of the place, whose office it is to prescribe proclamations to be made elsewhere and other investigations.4
d. If there is suspicion of a contracted impediment, the parish priest, even if the person about to marry stayed elsewhere for a shorter time than six months, should consult the ordinary, who should not permit the matrimony unless the suspicion has first been removed.5
a. In the parish of origin, if the betrothed do not have domicile there, and in the parish of simple habitation, by strict law publications do not have to be made, unless particular statutes prescribe otherwise, because the parish priest of those places is not the proper parish priest. But ordinarily it is prescribed that publications be made in the parish of origin if the betrothed left it in adult age, and in the parish of habitation if they stayed there for a notable time, namely for six months.
b. If those about to marry change domicile or acquire domicile while the proclamations are taking place, the parish priest of the new domicile, not of the prior one, is their proper parish priest; nevertheless proclamations are not to be made in the new domicile except from civil law.
1 Cn. 1023.
2 Cn. 1024.
3 Cn. 1025.
4 Cn. 1023, 2.
5 Cn. 1023, 3.
553. On Dispensation from the Law of Proclamations. 1. From the law of proclamations not only the Roman pontiff, but also the bishop, can dispense for a just cause; the new Code determines his power thus:1
a. The proper ordinary can dispense from publications to be made even in another diocese. Now, therefore, it is certain that the dispensation of one ordinary suffices, namely of the one in whose diocese the matrimony is celebrated.
b. 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 to whom those about to marry have chosen to have recourse can dispense.
The parish priest cannot dispense from proclamations unless he has been delegated for this by the bishop; but if necessity urges, he can declare that the law of the Church does not oblige with such great inconvenience. Afterward, however, the bishop must be warned concerning this matter.
- A just cause of dispensing does not have to be grave, provided the end of the law is obtained, especially if dispensation is given from only one or two proclamations.
Just causes of dispensing are some gracious, on account of which dispensation can be given; others necessary, on account of which dispensation must be given, because otherwise inconvenience would arise for the betrothed. Causes of this kind are:
a. If there is danger that the matrimony may be maliciously impeded.
b. If there is danger that the bridegroom may abandon a girl violated by him.
c. If from delay of matrimony infamy of the contracting parties would follow.
d. If because of the necessity of a journey the matrimony cannot be deferred.
e. If the betrothed because of age or because of a plainly dissimilar condition would be exposed to ridicule.
f. If, when civil marriage has already been contracted, the husband indeed wishes the ecclesiastical rite to be performed, but does not wish proclamations to be made.
1 Cn. 1028.
554. On the Obligation of Revealing Impediments. 1. Per se there exists a grave obligation of revealing impediments of matrimony, both diriment and even merely prohibiting, even occult ones, provided truly probable knowledge of them is had, and indeed as soon as possible, lest through delay the difficulty of contracting matrimony be increased.
a. This obligation arises both from the precept of charity, because there is question of preserving one's neighbor from grave sin and other evils which arise from invalid matrimony, and from the precept of the Church, which by the very precept of proclamations implicitly, and in the new Code explicitly, prescribes the manifestation of impediments.1
b. If the impediment arises from an occult sin, the betrothed should first be warned to desist from matrimony or to procure a dispensation for themselves. But if it is not hoped that the warning will be useful, the matter must immediately be referred to the parish priest, lest enmities arise if the betrothed, warned in vain, are kept away from matrimony.
Everyone who has knowledge of them must reveal them, of whatever sex, age, parish, or diocese, even if that person alone knows them and cannot juridically prove them, because the revelation does not tend to this, that some accused person be condemned, but that the evil of one's neighbor and the nullity of the sacrament be guarded against.
From the obligation of revealing impediments there is excused: a. one who cannot reveal them without grave harm to himself or others; b. one who judges that revelation will be useless; c. one who knows that dispensation for the internal forum has already been sought.
He who knows an impediment under secret is certainly not excused if he knows the impediment under a natural or promised secret; but if he knows the impediment under an entrusted secret, authors do not have one opinion. More commonly they teach that even in the case of an entrusted secret the impediment must be manifested, unless by reason of office, such as of physician, advocate, midwife, parish priest, etc., it had been entrusted; because the common good, which requires this secret, must be preferred to the good which follows from manifestation, namely the validity of the matrimony. Likewise, unless from the revelation there follows grave infamy of the one entrusting, who is not one of the contracting parties; because the manifestation redounds to the harm of the one entrusting the secret, so that that person personally would not be held to manifest the matter.2
1 Cn. 1027.
2 Ballerini-Palmieri VI, n. 582.
555. What Must Be Done After the Proclamations.1 1. If no impediment has been detected, those about to marry must be admitted to the celebration of matrimony.
- If a certain impediment has been detected:
a. If the impediment is occult, the parish priest should carry out or complete the publications and refer the matter, with names concealed, to the ordinary of the place or to the Sacred Penitentiary.
b. If it is public and is detected before the publications have been begun, no further progress is to be made until the impediment is removed, even if dispensation for the internal forum has been obtained. If it is detected after the first or second publication, the parish priest should complete the publication and refer the matter to the ordinary.
- If a doubt arises concerning the existence of some impediment:
a. The parish priest should investigate the matter more accurately, by interrogating under oath at least two trustworthy witnesses, provided there is not question of an impediment from whose knowledge infamy would arise for the parties, and, if necessary, the parties themselves also.
b. He should carry out or complete the publications if the doubt arose before the publications were begun or completed.
c. He should not assist at the matrimony without having consulted the ordinary, if he prudently judges that doubt still remains.
Therefore it is not licit for the parish priest, from the known adage, a doubtful impediment is no impediment, to proceed to the celebration of matrimony, but judgment concerning this matter is reserved to the ordinary.
Matrimony is not to be contracted before all necessary documents have been received and three days have elapsed from the last proclamation, unless a reasonable cause asks otherwise.2
If, after the proclamations have been made, matrimony has not been contracted within six months, the publications must be repeated, unless something else seems good to the local ordinary.3
1 Cn. 1031.
2 Cn. 1030, 1.
3 Cn. 1030, 2.