Clandestinity is a

diriment impediment In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed either validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage and Holy ...

in the

canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...

of the

Roman Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

. It invalidates a marriage performed without the presence of three witnesses, one of whom must be a

priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in particu ...

or a

deacon A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian churches, such as the Catholic Churc ...

History

It was promulgated in the 16th century by the

Council of Trent The Council of Trent ( la, Concilium Tridentinum), held between 1545 and 1563 in Trento, Trent (or Trento), now in northern Italian Peninsula, Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation ...

in the decree called

Tametsi ''Tametsi'' (Latin, "although") is the legislation of the Catholic Church which was in force from 1563 until Easter 1908 concerning clandestine marriage. It was named, as is customary in Latin Rite ecclesiastical documents, for the first word of ...

. 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.O'Neill, James David. "Clandestinity (in Canon Law)." The Catholic Encyclopedia
Vol. 4. New York: Robert Appleton Company, 1908. 26 September 2019 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'' was a decree issued in 1907 by the Roman Catholic Congregation of the Council regulating the canon law of the Church regarding marriage for practising Catholics. It is named for its opening words, which literally mean "lest rashly" i ...

, to require specific priests, such as the local pastor of the couple's residence. It further stated that marriages ought to be celebrated in the parish of the bride. 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.Taunton, Ethelred Luke. "Clandestinity", ''The Law of the Church'', K. Paul, Trench, Trübner & Company, Limited, 1906, p. 193
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References

External links

"marriage without a priest"
from ''New Catholic Dictionary'' Catholic Church legal terminology Impediments (Catholic canon law) Catholic matrimonial canon law Annulment {{RC-Canon-law-stub

History

See also

References

External links