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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. 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.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.
331-333) and declared the law a very useful one and already received by custom ( saluberrima disciplina jam usu recepta ).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.The bishop is empowered by the law to inflict on the offending parish priest, besides other punishment, three years suspension from his office; it is worth noting that a similar sanction was enjoined by the fifteenth century canon law of England (Lindwood's Provinciale, Oxford, e.d., 1679, p.271) The Council of Trent allows the bishop to dispense with the publication of the banns, provided there be a sufficient reason; one such is indicated by the Council itself, i.e.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.cit., n.13, the name of the woman's former husband).