Clandestinity (in Canon Law)
Encyclopedia
Clandestinity is a diriment impediment in the canon law
of the Roman Catholic Church
. It requires the presence of witnesses to the marriage vows, one of which must be a priest or a deacon, in order for the marriage to be valid.
It was promulgated in the 16th century by the Council of Trent
in the decree called Tametsi
. Prior to that time, an unwitnessed exchange of marriage vows was deplored but valid, and the decree was enforced only in those regions where it could be proclaimed in the vernacular.
The witnesses must be the parish priest, or another priest with permission either from the parish priest or the local ordinary, and the other two witnesses must be capable of giving witness to the marriage vows.
It was later modified, by the decree Ne Temere
, to require specific priests, such as the local pastor of the couple's residence.
Further modifications provided that the priest was not necessary if one of the marrying parties was in danger of death, or the vows could not be exchanged before a priest in a reasonable amount of time.
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
. It requires the presence of witnesses to the marriage vows, one of which must be a priest or a deacon, in order for the marriage to be valid.
It was promulgated in the 16th century by the Council of Trent
Council of Trent
The Council of Trent was the 16th-century Ecumenical Council of the Roman Catholic Church. It is considered to be one of the Church's most important councils. It convened in Trent between December 13, 1545, and December 4, 1563 in twenty-five sessions for three periods...
in the decree called Tametsi
Tametsi
Tametsi is the legislation of the Catholic Church which was in force until Easter 1908 concerning clandestine marriage. It was named, as is customary in Latin Rite ecclesiastical documents, for the first word of the document that contained it, Chapter 1, Session 24 of the Council of Trent.This...
. Prior to that time, an unwitnessed exchange of marriage vows was deplored but valid, and the decree was enforced only in those regions where it could be proclaimed in the vernacular.
The witnesses must be the parish priest, or another priest with permission either from the parish priest or the local ordinary, and the other two witnesses must be capable of giving witness to the marriage vows.
It was later modified, by the decree Ne Temere
Ne Temere
Ne Temere was a decree of the Roman Catholic Congregation of the Council regulating the canon law of the Church about marriage for practising Roman Catholics....
, to require specific priests, such as the local pastor of the couple's residence.
Further modifications provided that the priest was not necessary if one of the marrying parties was in danger of death, or the vows could not be exchanged before a priest in a reasonable amount of time.
External links
- Catholic Encyclopedia "Clandestinity (in Canon Law)"
- "marriage without a priest" from New Catholic Dictionary