bann-a,-i from an Old English verb, bannan , to summon). It is of some interest to note that by a decree of the Sacred Congregation of Inquisition (14 June, 1703) the French missionaries in Canada were obliged to publish the banns for their savage converts. i) that before the celebration of any marriage the names of the contracting parties should be announced publicly in the church during the solemninzation of Mass, by their own parish priest on three consecutive Holy Days (Waterworth, The Canons and Decrees of the Sacred and Œcumenical Council of Trent, London, 1848, 196 ssq.).
Once aware of the impediment the parish priest must defer the marriage, refer the matter to the bishop, and, where the Tridentine marriage decree is not valid he ought to warn the parties not to attempt marriage elsewhere.
For further details as to the obligation or revealing known impediments, see the moral theologians generally, especially the third book of Sanchez, "De Matrimonio", and the sixth volume of Ballerini -Palmieri, "Theologia Moralis" (Prato, 1894) also the "Bibliotheca Prompta" of Ferraris, s.v.
consanguinity, affinity, previous marriage) to an intended marriage, is conscience bound to reveal it to the parish priest of the contacting parties; it then becomes the duty of such parish priest to investigate the statement made to him (usually under oath ) and decide to the character of the evidence; if a grave suspicion be aroused in him, he must refer the case to the bishop, who decides whether a dispensation can or cannot be granted.
Confessors, lawyers, physicians, midwives, are not bound to reveal impediments known to them through the discharge of their official or professional duties, nor does and obligation rest on those who fear that to make known and impediment would cause great detriment to themselves or their families, or who are aware that no good can result from their action, or know that the contracting parties have already made known the impediment.
The parish priest is expected to keep a record or register of all publications of banns made by him, also the certificates of publications made at his request in other parishes, the fact and consequences of which he is entitled to know.
Whoever is morally certain either by his own knowledge or through reliable persons, of an impediment (e.g.
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.
But it may happen that one party resides, or that both parties have each more than one domicile or quasi-domicile, in which case the publication of the banns should occur, regularly speaking, in every parish where at the time of the marriage the parties retain such domicile or quasi-domicile. A decree of the same congregation (9 November, 1898) provides that anywhere a mere residence of six months shall constitute a quasi-domicile. In Germany and Austria this is also customary in some places (Heiner).
(SEE DOMICILE, PARISH PRIEST, MARRIAGE.) It may be noted here that while in general a quasi-domicile is acquired by actual residence in a place with the intention of remaining there the greater part of the year, in England and in the United States the law presumes a quasi-domicile from one's months residence of either party in the place of the marriage. In the case of unsettled persons possessed of no domicile ( vagi ) the banns are published (with episcopal permission) where the marriage takes place, and in the place or places of their birth. The three consecutive Holy Days ( dies festivi ) may be Sundays or other feast of obligation.
Should later on an impediment be discovered that renders the marriage null and void, they cannot hope, be the strict letter of the law, to obtain a dispensation, nor can they hope to have their marriage considered a putative or apparent one, entailing the legitimation of their children.