Case 11. Dispensation from Banns

Titius and Titia, Catholics, are known to fulfill the precept of hearing Mass, but, as it seems, never receive the sacraments. One day Titius discloses the cause of this to Caius, the quasi-parish priest, and says that although in common estimation he and Titia are spouses joined in lawful marriage, this is nevertheless not true, since they came there fourteen years ago while Titia’s true husband was still living. Afterwards indeed Titia’s husband died, and no impediment any longer exists between himself and Titia; they wish to reform their life, provided this can be done without scandal and with Titia’s reputation preserved. Caius, however, does not know what is to be done in the case. Hence it is asked:

1. What is the obligation of the banns, and does it sometimes cease or can it be dispensed?

2. What is the obligation of celebrating marriage in the face of the Church, and does it sometimes cease or can it be dispensed?

3. What is to be said of the case?

1. What is the obligation of banns, and does it sometimes cease, or can a dispensation be had?

The obligation of publishing the banns before a marriage is celebrated is a grave one, but the bishop or his vicar-general can dispense from them either wholly or in part for good reason. When there is no impediment and it is necessary to celebrate a marriage at once in order to avoid very serious harm, marriage may sometimes be contracted without banns.¹

1 Manual of Moral Theology, vol. ii, 265 f.

2. What obligation is there of celebrating marriage in the face of the Church, and does it cease sometimes?

From the earliest times there existed a grave obligation of celebrating marriage in face of the Church, or in other words before the parish priest or the bishop. Before the decree Ne Temere came into force, 19 April 1908, marriages of Catholics otherwise celebrated were only unlawful in England and in most parts of the United States; after that date they are also invalid, as a general rule. An exception to this rule is made by the decree Ne Temere (§ VIII): “ Should it happen that in any district the parish priest or the Ordinary of the place or a priest delegated by either of them, before whom marriage can be celebrated, is not to be had, and that this condition of things has lasted for a month, marriage may be validly and licitly entered upon by the formal declaration of consent made by the spouses in the presence of two witnesses.”

3. The case. We need not consider the difficulties in the way of marrying Titius and Titia which would arise from English civil law. There is good reason for granting a dispensation from banns and this should be obtained by Caius. He should also make sure that now at least there is no impediment to the marriage of Titius and Titia. The religious marriage may then be celebrated in the manner prescribed by ecclesiastical law.