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It also should be stated whether the actual proclamation is the first, second, or third, and whether there will be a dispensation from further publications.The subject will be treated under the following heads: I. If the contracting parties refuse to consent to the publication of the banns, the parish priest cannot assist at their marriage, and where the Tridentine legislation does not obtain he is bound to warn them not to attempt marriage elsewhere. 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. (see MARRIAGE) In England the First Council of Westminster provided (xxii, 2) that the law of publishing in the church the banns of marriage must be observed, but made no provision for the manner or time of introducing the practice ( Taunton ). 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.Among the more important authentic decisions are the following: The proper (own) parish priest of persons intending marriage is he in whose parish both (or one of) the contracting parties have a true domicile or quasi-domicile, i.e.
a fixed residence or one that can be legally constructed as such.
It may be added that the marriage of members of royal houses ( matrimonia principum ) are by custom exempted from publication of the banns.
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.
331-333) and declared the law a very useful one and already received by custom ( saluberrima disciplina jam usu recepta ).
The Second Pleanry Council (1866) confirmed that above (nos.
From the beginning of Christian society the marriage of its members was looked on as a public religious act, subject to ecclesiastical control ( Tertullian, "De monog.", c. and ceased only when, in the fifth and succeeding centuries, owning to the development of the parochial system, it became the duty of the parish priest to prevent invalid or illicit marriages, in which duty he could and did avail himself of the aid of reputable parishoners (Capitula Caroli imp., ad. The First Plenary Council of Baltimore (1852) decreed (no.88) that after Easter 1853 the banns should be published, and dispensation given for only very grave reasons.