Omission of the banns, even partial, makes a marriage illicit, but not invalid.
The bishop may inflict on the contracting parties such ecclesiastical penance as he sees fit to impose, and he also may punish similarly the witnesses to the marriage.
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 priest adds that a serious obligation rests on everyone to reveal to him any known impediment to the proposed marriage.
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.
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.
The publication in the church of the names of persons intending marriage seems to have originated in France about the end of the twelfth century; it was already a custom of the Gallican Church in 1215, when Innocent III mentions it in a letter to the Bishop of Beauvais (c. In the same year the Fourth Lateran Council made it a general ecclesiastical law (c. The Council of Trent confirmed this law, and specified to a certain extent the manner of its execution.
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.
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.).
In general the ecclesiastical announcement of the names of persons contemplating marriage. In order to check the increase of clandestine marriages, the Council of Trent decreed (Sess. Such an publication, of course, can be made only at the request of the parties themselves, and after the parish priest is aware of their mutual free consent.
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.