2. Matrimonial Proclamations

724. Notion. Proclamations (banns, matrimonial edict, announcement) are public announcements which must precede the celebration of matrimony for this purpose, that impediments perhaps standing in the way of matrimony may be detected more securely and easily. Already from ancient times the custom prevailed of publicly announcing the celebration of matrimony in church. The Fourth Lateran Council (1215)⁴⁸⁵ prescribed one proclamation. But the Council of Trent⁴⁸⁶ established that three proclamations be made at determined places and times. The Code of Canon Law, can. 1024, establishes the same. - In several regions civil proclamations are also prescribed.

⁴⁸⁵ It is found in c. 3, X 4, 3.

⁴⁸⁶ Sess. 24, c. 1, de reform. matrim.

725. Obligation. The ecclesiastical law of proclamations binds under grave obligation.

Such is the common opinion. The gravity of this obligation may be perceived: a) from the grave end of this law; for the end of the proclamations is: to avoid clandestine marriages, to detect impediments of matrimony, and to foster the spirit of unity in parishes; b) from the gravity of the penalties that were inflicted upon transgressors in the old law, namely, a parish priest rashly omitting the proclamations incurred suspension from office for three years. The spouses themselves who entered matrimony without preceding proclamations obtained dispensation much more difficultly from an impediment that perhaps stood in the way of their matrimony. Moreover, their matrimony, which was null because of an occult impediment, was not considered as a putative matrimony, and therefore the children born were held to be illegitimate.^486a - From these things it is evident that the law concerning the making of proclamations binds per se under grave obligation. Therefore all teach that the omission of three proclamations made without grave necessity is a mortal sin.⁴⁸⁷ St. Alphonsus,⁴⁸⁸ and with him several other theologians, teaches that the omission of two proclamations is likewise a grave sin. But the common opinion teaches that the omission of one proclamation is a venial sin.⁴⁸⁹ For mixed marriages proclamations ought not, indeed cannot, be made,⁴⁹⁰ unless by particular law they are sometimes tolerated or prescribed.⁴⁹¹ Mention of the religion of the contracting parties is then to be omitted.⁴⁹²

If, after the proclamations have been completed, the matrimony is deferred beyond six months, the proclamations are to be repeated, unless it seems otherwise to the local Ordinary.⁴⁹³

^486a Council of Trent, sess. 24, c. 5, de reform. matrim., and c. 3, X 4, 3.

⁴⁸⁷ Lehmkuhl, Theol. mor. II, n. 861.

⁴⁸⁸ Theol. mor., l. 6, n. 990.

⁴⁸⁹ Tanquerey, De sacr., n. 856.

⁴⁹⁰ Rescript of Pius VI to the Archbishop of Mechelen, May 31, 1783.

⁴⁹¹ For example, in the Archdiocese of Cologne; cf. Vogt, Das kirchl. Eherecht, § 13.

⁴⁹² Code of Canon Law, can. 1026.

⁴⁹³ Ibid., can. 1030.

726. The time of the proclamations. The Code of Canon Law, can. 1024, prescribes: "The proclamations are to be made on three successive Sundays and other holy days of obligation in church during the solemnities of the Masses, or during other divine offices which the people attend in large numbers." It is therefore required that the proclamations be made:

1. on three Sundays or feast days on which, by universal or particular precept, the obligation of hearing Mass is imposed upon the faithful.

Moreover, in almost every diocese there are special statutes concerning the days on which it is lawful to make the proclamations. Without a special faculty it is not lawful to make the proclamations on suppressed feast days. Nevertheless, the bishop can, at least in a particular case, grant this permission for a reasonable cause.

2. successively, that is, with no feast day omitted between them.

Authors commonly teach with St. Alphonsus that it would not be a grave sin if the parish priest omitted one intervening day; indeed, it would be no sin if a sufficient reason existed. In several dioceses it is forbidden that the proclamations be made on three immediately successive days, for example, on Easter Sunday and the second and third days after Easter.

3. in church during the solemnities of the Masses or during other offices. The proclamations can therefore be made not only at the principal Mass, but also at Vespers, at the Evening Salutation, and at other divine offices, provided that the people are accustomed to attend in large numbers.

When the proclamations have been completed, three days are to be awaited before the matrimony is celebrated (unless a reasonable cause calls for otherwise).⁴⁹⁴ Wherefore, if the final proclamation was made on Sunday, the matrimony cannot be entered until Thursday. The reason for this law is easily perceived; for sufficient time is thus granted so that those who perhaps heard the proclamations for the first time on this occasion can reveal the impediments standing in the way.

⁴⁹⁴ Ibid., can. 1030, § 1.

727. The form of the proclamations is given as follows in the Roman Ritual:⁴⁹⁵ "Let it be known to all here present that N., son of N., of the family N., of the parish N., and N., daughter of the family N., of the parish N., intend to contract matrimony with one another. Therefore we admonish each and all that, if anyone knows there to be between them any impediment of consanguinity or affinity or spiritual relationship, or any other impediment whatsoever which prevents them from contracting matrimony with one another, he ought to reveal it as soon as possible to the parish priest or the local Ordinary; and we admonish this for the first time (if it is the first), or for the second time (if it is the second), or for the third time (if it is the third proclamation)."

In some dioceses a shorter formula is accustomed to be prescribed; for the formula of the Ritual does not have preceptive but directive force. Care must always be taken that nothing injurious to reputation is published in the proclamations; for example, if the bride is an illegitimate daughter or has already been corrupted, this must in no way be announced in the proclamations. The proclamation is to be made in a loud and intelligible voice, since otherwise the end of the law is not obtained. But because in large parishes numerous proclamations must be made, which are accustomed to be without any fruit, with weariness to hearers who by no means know the persons about to marry, with great expenditure of time, and with deprivation of religious instruction, hence "the local Ordinary can, for his territory, substitute for the proclamations the public posting of the names of the contracting parties upon the doors of the parish church or another church for a space of at least eight days, yet in such a way that within this space two holy days of obligation are included."⁴⁹⁶

⁴⁹⁵ Tit. 7, c. 1, n. 8.

⁴⁹⁶ Code of Canon Law, can. 1025.

728. The place where the proclamations are to be made is regularly the parish church, or another church designated for this purpose by the bishop, in the place of the domicile or quasi-domicile of those about to marry.

Gasparri⁴⁹⁷ rightly writes: "But if the parish priest were to publish the matrimony in another church of the parish, with a large number of the faithful present, it does not seem that he should be disturbed, because on the one hand the end of the law is preserved and on the other the letter does not stand in the way, since the Council of Trent does not expressly say that the matrimony is to be published in the parish church. Indeed, if in the parish church there were no gathering of the faithful on that day and in another church there were a large one, it would be more expedient that the proclamations be made in the latter than in the former.... Indeed, several Doctors cited by St. Alphonsus⁴⁹⁸ teach that the proclamations can be made even outside a church at the time of a great sacred gathering, for example, on account of a procession, a sermon, ... because the end of the law is obtained. And this is probable, at least without mortal sin, and, if some cause is present, without any fault. But the parish priest, if there is time, is to consult the Ordinary, who, if he can dispense from the banns, can a fortiori permit this."

The matrimonial proclamations must be made both in the parish of the bridegroom and in the parish of the bride. Therefore, if the bridegroom and bride are of the same parish, it suffices that the proclamations be made in this parish alone; but if they have a domicile or even a quasi-domicile in different parishes, the proclamations must be made in all these parishes. If a party has resided in another place for six months after attaining puberty, the parish priest is to explain the matter to the Ordinary, who according to his prudence either requires that the proclamations be made there, or prescribes that other proofs or conjectures concerning free status be gathered.⁴⁹⁹ But because this not rarely causes excessive difficulties, for example, if a maidservant about to marry has had such residence in ten different places, bishops are accustomed to give easier general norms according to which the place of the proclamations is determined.

The marriages of vagrants, that is, of those who nowhere have a proper parish priest or Ordinary by reason of domicile or one month's residence,⁵⁰⁰ are proclaimed (with the bishop's permission previously obtained) in the place where they now reside or intend to contract matrimony.⁵⁰¹ Moreover, an oath of canonical freedom concerning their free status is required from them. By particular law proclamations are sometimes also prescribed in the place of their origin.⁵⁰²

Diocesan statutes are also accustomed to determine, according to can. 1507, the fee, if any, to be paid for conducting the proclamations.⁵⁰³

⁴⁹⁷ De matrim. I, n. 169.

⁴⁹⁸ Theol. mor., l. 6, n. 991.

⁴⁹⁹ Code of Canon Law, can. 1023, § 2.

⁵⁰⁰ Thus the Sacred Congregation of the Sacraments, March 12, 1910, ad 5 (Acta Ap. Sed. II, 195).

⁵⁰¹ Vogt, Das kirchl. Eherecht, § 14.

⁵⁰² Gasparri, De matrim. I, n. 133.

⁵⁰³ Vogt, loc. cit., § 13.

729. A dispensation from the banns can be granted not only by the Supreme Pontiff, but also by a bishop, a vicar general, and (when the see is vacant) a capitular vicar, and by a prelate "Nullius" for his subjects. If there are several proper Ordinaries, the one in whose diocese the matrimony is celebrated has the right of dispensing; but if the matrimony is entered outside the proper dioceses, any proper Ordinary can dispense.⁵⁰⁴ The dispensation is to be granted gratuitously, except for a modest payment under the title of chancery expenses.⁵⁰⁵

The bishop cannot dispense from the banns unless a legitimate cause exists. But what cause is legitimate is not otherwise determined in the law, except for a malicious obstruction of the matrimony. Theologians and canonists assign as sufficient causes: the defamation of spouses who live in occult concubinage having before men the appearance of matrimony; a matrimony to be contracted at the point of death; a founded suspicion that the betrothed, in contempt of Christian matrimony, may contract only a civil matrimony; and so forth.

By common law a parish priest cannot dispense from the banns; nevertheless, by delegation of the bishop he not rarely has the faculty of remitting one proclamation when a just cause is present.⁵⁰⁶ In a case of necessity, namely, if the celebration of the matrimony is urgent, the parish priest can omit the banns, since no ecclesiastical law binds with grave inconvenience. - In the matrimony of supreme princes the banns are customarily omitted, as authors commonly teach.

⁵⁰⁴ Code of Canon Law, can. 1028, § 2.

⁵⁰⁵ Ibid., can. 1056.

⁵⁰⁶ Parish priests in North America have such a faculty. Cf. Tanquerey, De sacr., n. 864.

730. The obligation of revealing known impediments. The principal end of the proclamations is that impediments of matrimony, if there are any, be detected. Hence it follows that all who know that some prohibitory or diriment impediment stands in the way are bound (per se under grave obligation) to reveal this impediment.⁵⁰⁷ For the proclamations would be vain unless on the part of those hearing them there arose an obligation to reveal those things which the Church desires to know. Moreover, if there is question of the existence of some diriment impediment, its concealment would render the matrimony invalid, so that the betrothed would live in concubinage (at least material) and would lack many graces. Therefore fraternal charity itself also demands that diriment impediments be denounced. The manner of denouncing impediments is not determined by ecclesiastical law; but the order of charity demands that those about to marry themselves first be admonished, if the revelation of the impediment would bring some infamy. But if the admonition is useless, the matter is to be disclosed to the parish priest, who with great discretion will provide for the reputation of the betrothed.

The causes excusing from this denunciation are principally the following:

a) grave harm to oneself or another.

b) the uselessness of the denunciation.

For example, if the impediment has already been denounced by another or by those about to marry themselves.

c) a sacramental or professional secret.

Hence a confessor, physician, midwife, and so forth, cannot reveal those things which they know by reason of their office; but they are bound (insofar as is possible) to admonish those about to marry to reveal the impediment themselves. A natural or promised secret alone does not excuse from the obligation of revealing impediments, because such a secret must be violated in order to prevent grave harm, as happens in the case.

The denunciation of an impediment is to be made as soon as possible; and if the parish priest has proved it worthy of belief, he must as quickly as possible seek a dispensation from the detected impediment, provided, however, that dispensation is possible. Otherwise he cannot assist at the matrimony. When a doubt has arisen concerning the existence of some impediment, the parish priest is to investigate the matter more accurately by questioning: a) under oath at least two trustworthy witnesses, provided that there is not question of an impediment from knowledge of which infamy would arise for the parties; and b) if necessary, the parties themselves as well. But he is not to assist at the matrimony without consulting the Ordinary if the doubt still remains. Thus the Code of Canon Law, can. 1031, § 1.

⁵⁰⁷ Code of Canon Law, can. 1027.

731. Scholion. On the perplexing case. Theologians call a case perplexing when some impediment is detected immediately before the celebration of the matrimony, and the matrimony cannot be deferred without most grave inconvenience, nor is there time to obtain a dispensation (even by telegraph or telephone). The following norms can be employed for resolving a perplexing case:

a) If the detected impediment is truly public, such that it can be proved in the external forum and has in fact already come to the knowledge of others (for example, consanguinity or affinity), then, outside an urgent danger of death, the matrimony is to be suspended until the dispensation has been obtained. The reason is that in this case no infamy arises; but other harms that may arise are to be esteemed as less than a conditional or null matrimony. Nothing, however, prevents the celebration of the matrimony from being feigned before those present if grave causes are present. But the true matrimony must then be celebrated afterward, once the dispensation has been obtained. Moreover, this case is scarcely possible, since the dispensation can be sought (by telegraph or telephone) from the local Ordinary, who according to the new law can dispense in these straits from all impediments of ecclesiastical law except two: those arising from the sacred order of priesthood and from affinity in the direct line.⁵⁰⁸ But in urgent danger of death a dispensation can be made in another and easier manner even from public impediments, except for the two just enumerated.⁵⁰⁹

b) If the impediment is occult (whether by law or in fact), a distinction is to be made. For it is either: a) an impediment in which the Pope is not accustomed to dispense, for example, the impediment of crime committed by both parties. Then ordinarily one must desist from the celebration of the matrimony, because it is not expedient to exhort the contracting parties to live as brother and sister, nor to leave them in good faith, in which perhaps they still are; for this good faith can easily cease afterward, upon which the greatest inconveniences could arise. Or it is: b) an impediment in which the Pope is accustomed to grant a dispensation. Then, if the bishop cannot be approached, or not without danger of violating the secret, any confessor can dispense, but for the internal forum in the act of sacramental confession alone.⁵¹⁰ If knowledge of such an occult impediment is had outside confession, the parish priest also, or a priest delegated to assist at the matrimony, can dispense, and indeed outside confession; but he must inform the Ordinary of the granted dispensation, and the granted dispensation is to be recorded in the marriage register.⁵¹¹

From what has been said it is evident that according to modern law a perplexing case is no longer truly perplexing, or does not cause grave difficulties.

⁵⁰⁸ Code of Canon Law, can. 1045, § 1.

⁵⁰⁹ Ibid., can. 1044.

⁵¹⁰ Ibid., can. 1045, § 3.

⁵¹¹ Ibid., can. 1046.