Article II. On the Circumstances of the Banns

Publications are to be made on three continuous Sundays and other feast days of precept in the church during the solemnities of Masses, or during other divine offices to which the people come in frequency (Can. 1024).

It is said 1°. on feast days, that is, on days of precept at least in the place of the proclamations, and probably also on ferial days on which, from some cause, there would be a great gathering of the people in the church. - It is said 2°. continuous, that is, with no feast day omitted from the first proclamation to the last. But whether the proclamations can be made on feast days immediately succeeding one another, if they occur, is disputed; and there is a twofold probable opinion. It is also probable that it is not mortal if one or another feast day is interposed. - It is said 3°. during the solemnities of Masses, that is, in the parochial or conventual Mass, from the Decree of the S. C. of the Council. - Nevertheless it is licit to make these proclamations during other divine offices, provided there is a frequent gathering of the people to them.

The Ordinary of the place, for his territory, can substitute for publications a public affixing of the names of the contracting parties at the doors of the parochial church or of another church for the space of at least eight days, yet in such a way that, in this space, two feast days of precept are included (Can. 1025).

§ 1. Publications of marriages must be made by the proper pastor.

§ 2. If a party has stayed in another place for six months after attaining puberty, the pastor is to explain the matter to the Ordinary, who according to his prudence is either to require publications to be made there, or to prescribe that other proofs or conjectures concerning the state of freedom be gathered.

§ 3. If there is some suspicion of a contracted impediment, even for a shorter stay the pastor is to consult the Ordinary, who is not to permit the marriage unless first the suspicion is removed according to the norm of § 2 (Can. 1023).

1°. Minors. Canon law establishes nothing concerning minors. Nevertheless, in some places, according to the norm of civil laws, it is the custom that their banns are not proclaimed unless by the express consent of parents or guardians.

2°. Soldiers. By common law soldiers are regarded as if they were wanderers or foreigners. Their banns are to be proclaimed: 1°. in the place where they are in garrisons; 2°. in the place where they resided before military service was taken up; because they have not acquired another domicile of law.

3°. Wanderers. Their banns, according to the common opinion, are to be published in the domicile of fact and in the place of origin, if they have not obtained a true domicile elsewhere, or at least in the place in which they stayed longer. Besides, authentic testimony concerning their free state is to be had, and they are not to be joined in Marriage without the permission of the Ordinary, as the Tridentine Council has it, sess. 24, cap. 7, de Reform. Matrim. Cf. Can. 1032.¹

¹ Cf. Addenda, p. 1119, n. 72.