|
Summary. Clandestine marriages
and witness to them by a priest are forbidden. Marriages to be contracted must
be published in the churches by the priests so that, if legitimate impediments
exist, they may be made known. If doubt exists, let the contemplated marriage
be forbidden till the matter is cleared up.
Text. Since the prohibition
of the conjugal union in the three last degrees has been revoked, we wish that
it be strictly observed in the other degrees. Whence, following in the
footsteps of our predecessors, we absolutely forbid clandestine marriages; and
we forbid also that a priest presume to witness such. Wherefore, extending to
other localities generally the particular custom that prevails in some, we
decree that when marriages are to be contracted they must be announced publicly
in the churches by the priests during a suitable and fixed time, so that if
legitimate impediments exist, they may be made known. Let the priests
nevertheless investigate whether any impediments exist. But when there is
ground for doubt concerning the contemplated union, let the marriage be
expressly forbidden until it is evident from reliable sources what ought to be
done in regard to it. But if anyone should presume to contract a clandestine or
forbidden marriage of this kind within a prohibited degree, even through
ignorance, the children from such a union shall be considered illegitimate, nor
shall the ignorance of the parents be pleaded as an extenuating circumstance in
their behalf, since they by contracting such marriages appear not as wanting in
knowledge but rather as affecting ignorance. In like manner the children shall
be considered illegitimate if both parents, knowing that a legitimate
impediment exists, presume to contract such a marriage in conspectu
ecclesiae (not clandestinely) in disregard of every prohibition. The
parochial priest who deliberately neglects to forbid such unions, or any
regular priest who presumes to witness them, let them be suspended from office
for a period of three years and, if the nature of their offense demands it, let
them be punished more severely. On those also who presume to contract such
marriages in a lawful degree, a condign punishment is to be imposed. If anyone
maliciously presents an impediment for the purpose of frustrating a legitimate
marriage, let him not escape ecclesiastical punishment.
|