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Clandestinity (canon Law)
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. History 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.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 wit ...
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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 Orders. Some canonical impediments can be dispensed by the competent authority (usually the local ordinary but some impediments are reserved to the Apostolic See) as defined in Catholic canon law. Impediments to marriage Roman Catholic sacramental theology teaches that the ministers of the sacrament of holy matrimony are the man and woman, and therefore any marriage contracted voluntarily between two baptized and unmarried adults is valid, though under ordinary circumstances the marriage must be witnessed by clergy to be licit. However, various provisions in current canon law outline extraordinary circumstances that would form impediments to marital validity. Validity vs. liceity The validity of an action is distinguished from its ...
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Canon Law (Catholic Church)
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with ...
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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 prominent role in the history and development of Western civilization.O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is th ...
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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 particular, rites of sacrifice to, and propitiation of, a deity or deities. Their office or position is the 'priesthood', a term which also may apply to such persons collectively. A priest may have the duty to hear confessions periodically, give marriage counseling, provide prenuptial counseling, give spiritual direction, teach catechism, or visit those confined indoors, such as the sick in hospitals and nursing homes. Description According to the trifunctional hypothesis of prehistoric Proto-Indo-European society, priests have existed since the earliest of times and in the simplest societies, most likely as a result of agricultural surplus and consequent social stratification. The necessity to read sacred texts and keep temple or church r ...
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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 Church, the Oriental Orthodox Churches, the Eastern Orthodox Church, the Scandinavian Lutheran Churches, the Methodist Churches, the Anglican Communion, and the Free Church of England, view the diaconate as an order of ministry. Origin and development The word ''deacon'' is derived from the Greek word (), which is a standard ancient Greek word meaning "servant", "waiting-man", "minister", or "messenger". It is generally assumed that the office of deacon originated in the selection of seven men by the apostles, among them Stephen, to assist with the charitable work of the early church as recorded in Acts of the Apostles chapter 6. The title ''deaconess'' ( grc, διακόνισσα, diakónissa, label=none) is not found in the Bib ...
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Council Of Trent
The Council of Trent ( la, Concilium Tridentinum), held between 1545 and 1563 in Trent (or Trento), now in northern Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation, it has been described as the embodiment of the Counter-Reformation."Trent, Council of" in Cross, F. L. (ed.) ''The Oxford Dictionary of the Christian Church'', Oxford University Press, 2005 (). The Council issued condemnations of what it defined to be heresies committed by proponents of Protestantism, and also issued key statements and clarifications of the Church's doctrine and teachings, including scripture, the biblical canon, sacred tradition, original sin, justification, salvation, the sacraments, the Mass, and the veneration of saints.Wetterau, Bruce. ''World History''. New York: Henry Holt and Company, 1994. The Council met for twenty-five sessions between 13 December 1545 and 4 December 1563. Pope Paul III, who convoked the Council, oversaw the ...
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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 the document that contained it, Chapter 1, Session 24 of the Council of Trent. It added the impediment of clandestinity and established the canonical form of marriage for validity in the regions in which it was promulgated. Clandestinity This was the document that added the impediment of clandestinity to the marriage law of the church. It was also the decree which ended a long debate about validity of marriage and produced sought after reform. Since the Sacrament of Marriage is administered by the parties to the marriage to each other, and not by clergy it is unique among the Sacraments. Fear of possible change in this doctrine prompted the debate, since prior to the Council of Trent (1545–1563), clandestine marriages had been cons ...
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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" in Latin. Issue The decree was issued under Pope Pius X, 10 August 1907, and took effect on Easter 19 April 1908. It concerned the validity of all marriages involving Catholics. Marriages in Germany were exempted by the subsequent decree ''Provida''. Differences from ''Tametsi'' To the clandestinity requirements of the decree '' Tametsi'' of the Counter-Reformation Council of Trent, it reiterated the requirements that the marriage be witnessed by a priest and two other witnesses (adding that this requirement was now universal), added requirements that the priest (or bishop) being witness to the marriage must be the pastor of the parish (or the bishop of the diocese), or be the delegate of one of those, the marriage being invalid otherwise ...
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Morganatic Marriage
Morganatic marriage, sometimes called a left-handed marriage, is a marriage between people of unequal social rank, which in the context of royalty or other inherited title prevents the principal's position or privileges being passed to the spouse, or any children born of the marriage. The concept is most prevalent in German-speaking territories and countries most influenced by the customs of the German-speaking realms. Generally, this is a marriage between a man of high birth (such as from a reigning, deposed or mediatised dynasty) and a woman of lesser status (such as a daughter of a low-ranked noble family or a commoner).Webster's Online Dictionary
. Retrieved 2008-07-10.
Diesbach, Ghislain de. ''S ...
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Annulment (Catholic Church)
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, and by its detractors, a "Catholic divorce", is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred. A matrimonial nullity trial, governed by canon law, is a judicial process whereby a canonical tribunal determines whether the marriage was void at its inception (''ab initio''). A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ''ratum sed non consummatum'' and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed. The Catholic Church teaches that, in a true marriage, one man and one woman become "one flesh" before the eyes of God. Various i ...
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Catholic Church Legal Terminology
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 prominent role in the history and development of Western civilization. O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the ...
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