Secret casual Freiburg im Breisgau
In the case of mixed marriages , publications of the banns is forbidden (Greg. In some places it is provided that the banns shall not be published on two immediately consecutive feast days; similarly that the marriage shall not take place on the day of the last publication (particularly if it be the only one). 11) fixes a limit of two months, but leaves the bishops free to act as prudence dictates.
XVI to the bishops of Bavaria, 12 September, 1834) but is tolerated in the United States by a decree of the Congregation of the Propaganda (3 July, 1847), provided there be no mention of the religious persuasion ( confessio acatholica ) of the non-Catholic party (see also S. It may be noted that the general ecclesiastical law does not forbid the marriage on the day of the third publication. The Second Provincial Council of Quebec (1863) established a period of two months.
It must be noted that by the council's own special act its marriage decree "Tametsi", with its provision for the banns (see CLANDESTINITY ) is binding only in those parishes in which it has been severally promulgated ; hence, when such formal promulgation is lacking the obligation of proclaiming the banns rest not on the Tridentine law, but on the earlier Lateran canon, also on local or particular ecclesiastical legislation and custom.
The publication in the church of the names of persons intending marriage seems to have originated in France about the end of the twelfth century; it was already a custom of the Gallican Church in 1215, when Innocent III mentions it in a letter to the Bishop of Beauvais (c. In the same year the Fourth Lateran Council made it a general ecclesiastical law (c. The Council of Trent confirmed this law, and specified to a certain extent the manner of its execution.
The banns of minors must also be published in the place of residence or their parents or guardians. Custom has in many places exempted Christmas, Easter, and Pentecost. The banns are published regularly at the parish or principal Mass, though the publication may occur at any other Mass on the prescribed days, nor is it required that such publication be repeated at more than one Mass on the aforesaid days.
The law of quasi-domicile is also frequently to servants, apprentices, soldiers and students in institutions of learning. It is also customary in some places to proclaim the banns on suppressed feast days, also at Vespers, provided there be on such occasions a considerable attendance of people in the church (S. By a rescript of the Congregation of Propaganda the Vicars Apostolic of India were permitted to publish the banns on weekdays.
According to Zitelli (Apparatus jurus eccl., 403) at least one publication should be made in those regions and parishes in which the marriage decree of the Council of Trent has not been published; Von Scherer remarks (p. 14) that the pre- Tridentine or Lateran law demanded no more than one publication.
331-333) and declared the law a very useful one and already received by custom ( saluberrima disciplina jam usu recepta ).
The vicar-general, vicar-capitular, and administrator of a diocese may also dispense from the banns.
Omission of the banns, even partial, makes a marriage illicit, but not invalid.
The bishop may inflict on the contracting parties such ecclesiastical penance as he sees fit to impose, and he also may punish similarly the witnesses to the marriage.
The parish priest or his representative (vicar, curate ) announces in an audible voice, usually before or after the sermon, for each of the contracting parties the baptismal and family name, names of parents, place of birth or residence, age, condition, (single or previously married, and according to the Roman Ritual, loc.
cit., n.13, the name of the woman's former husband).