Clandestinity (canon law)

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Legislation and Legal System of the Catholic Church
Codifications Legal History of the Catholic Church 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 Decretals of Gregory IX Decretalist Extravagantes
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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 Banns of Marriage Declaration of Nullity Defender of the Bond Impediment of crime Matrimonial Dispensation Natural Marriage ratum sed non consummatum
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Canon Law Task Force

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. 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