Clandestinity (canon law)

Legislation and Legal System of the Catholic Church Legal history of the Catholic Church

This article is part of the series:
Codifications 1983 Code of Canon Law Code of Canons of the Eastern Churches 1917 Code of Canon Law Corpus Juris Canonici The Apostolic Constitutions Decretum Gratiani Decretist Regulæ Juris Decretals of Gregory IX Decretalist Extravagantes Liber Septimus Nomocanon Collectio canonum quadripartita Collectio canonum Quesnelliana Collectio canonum Wigorniensis Pseudo-Isidorian Decretals
Apostolic constitutions Anglicanorum Coetibus Benedictus Deus (Benedict XII) Benedictus Deus (Pius IV) Ex Corde Ecclesiae Fidei Depositum Indulgentiarum Doctrina Pastor Bonus Sacrae Disciplinae Leges Universi Dominici gregis
Motu proprio Ad tuendam fidem Mysterii Paschalis Pontificalis Domus Summorum Pontificum Tra le sollecitudini
Canon law of Vatican II Lumen gentium Sacrosanctum Concilium Gaudium et spes Dei verbum
Matrimonial law Affinity Banns of Marriage Declaration of Nullity Matrimonial Nullity Trial Reforms of Pope Francis Defender of the Bond Disparity of Cult Impediment of crime Matrimonial Dispensation Natural Marriage Pauline privilege Petrine privilege ratum sed non consummatum
Tribunals & canonical structures Tribunal System Supreme Tribunal of the Apostolic Signatura Tribunal of the Roman Rota Apostolic Penitentiary Judicial Vicar/Officialis Auditor Defender of the Bond Personal Ordinariate Personal Prelature
Theory Derogation Dispensation Ecclesiastical positive law Excommunication Fundamental Theory of Canon Law Indult Impediment Interpretation Pontifical Council for Legislative Texts Internal forum Latae Sententiae Censure Resignation of the Roman Pontiff Sede vacante Vacatio legis Valid but illicit
Other Canon 915 Canon 1324 Canon 1398 Eastern Canonical Reforms of Pius XII
Canon Law Task Force

Clandestinity is a diriment impediment in the canon law of the Roman Catholic Church. It invalidates a marriage performed without the presence of three witnesses, one of whom must be a priest or a deacon.

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. 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 if the vows could not be exchanged before a priest in a reasonable amount of time.

External links

"Clandestinity (in Canon Law)". Catholic Encyclopedia. New York: Robert Appleton Company. 1913.
"marriage without a priest" from New Catholic Dictionary

This article is issued from Wikipedia - version of the Thursday, February 11, 2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.