(1) Legal authority to use the verb form for the publication of the prohibitions contained in Common Worship: Pastoral Services (as an optional alternative to the verbal form contained in the Book of Common Prayer); Marriage bans, commonly referred to as “prohibitions” or “prohibitions” /ˈbænz/ (from a Middle English word meaning “proclamation”, rooted in Franconian and hence in Old French[1]), are the public announcement of an imminent marriage between two specific persons in a Christian parish church or city council. It is often associated with the Catholic Church, the Church of England and the Church of Sweden, as well as other denominations with similar traditions. In 1983, the Roman Catholic Church lifted the requirement for bans and left it to the national episcopal conferences to decide whether this practice should be maintained, but in most Catholic countries the bans are still published. In order to control the increase in clandestine marriages, the Council of Trent (Sess. XXIV, De ref. matr., c. i) decreed that before the celebration of a marriage, the names of the contracting parties during the celebration of Mass by their own parish priest three consecutive holy days (Waterworth, The Canons and the Decrees of the Holy and Ecumenical Council of Trent, London, 1848, 196 ff.). Such publication may, of course, take place only at the request of the parties themselves and after knowledge of the free mutual consent of the pastor. In addition, the parish priest may not refuse to publish the prohibitions, except for reasons specified in canon law. If the contracting parties refuse to accept the publication of the prohibitions, the parish priest cannot assist in their marriage, and if tridentine legislation is not applicable, he is obliged to warn them not to try marriage elsewhere.
Over time, this Tridentine Decree has given rise to a more specific interpretation, which is regularly and mainly applicable when the Decree has been promulgated. Among the most important authentic decisions are the following: The good (own) pastor of persons who intend to marry is the one in whose parish both (or one of) the contracting parties have a real or quasi-residence, that is, a permanent residence or a residence that can legally be established as such. If both parties have their permanent residence in the same parish, there can be no difficulties with the parish priest, whose right and duty is to publish the prohibitions. However, it may happen that one party is domiciled or that both parties have more than one residence or quasi-domicile, in which case the publication of the prohibitions should take place regularly in each municipality in which the parties retain that residence or quasi-residence at the time of the marriage. (See HOME, PASTOR, MARRIAGE.) It should be noted that while, in general, quasi-residence is acquired by actual residence in a place intending to remain there for most of the year, in England and the United States, the law presupposes quasi-residence from the one-month residence of one of the parties at the place of marriage. (See Congr. Inq. to the bishops of England and the United States, 7 June 1867; see also the decree of 6 May 1886). A decree of the same Congregation (November 9, 1898) provides that everywhere a simple stay of six months constitutes a quasi-residence. In the case of restless people who do not have a place of residence (vagi), prohibitions are published (with episcopal authorization) where the marriage takes place and at the place or place of their birth.
Prohibitions on minors must also be published at the place of residence or with their parents or guardians. The law of quasi-domicile also often applies to employees, apprentices, soldiers and students of educational institutions. In the case of mixed marriages, the publication of prohibitions is forbidden (Greg XVI to the bishops of Bavaria, September 12, 1834), but is prohibited in the United States by a decree of the Congregation of Propaganda (3. July 1847), unless the religious conviction (confessio acatholica) of the non-Catholic party is mentioned (see also S. Congr. Inq., July 4, 1874, at Collectanea S. Congr. de Prop. Fide, Rome, 1893, n° 1223).
In Germany and Austria, this is also common in some places (Heiner). The three consecutive holy days (this festivi) can be Sundays or other feasts of commitment. Custom has excluded Christmas, Easter and Pentecost in many places. In some places it is also customary to proclaim the prohibition of repressed feast days, including Vespers, provided that on such occasions there is a considerable presence of persons in the Church (St. Congr. Inq., October 25, 1586; April 29, 1823). Prohibitions are regularly published in the parish or main Mass, although publication may take place at any other Mass on prescribed days, and it is not necessary for such publication to be repeated at more than one Mass on the aforementioned days. Thanks to a rescript from the Propaganda Congregation, the Apostolic Vicars of India were allowed to publish the bans on weekdays. In some places, it is expected that the prohibitions will not be published on two immediately consecutive public holidays; Similarly, the wedding must not take place on the day of the last publication (especially if it is the only one). It should be noted that general canon law does not prohibit marriage on the day of the third publication. The period during which the publication of the prohibitions is valid depends on the local ecclesiastical authority and customs.
The Roman ritual (Tit. vii, c. i, 11) set a limit of two months, but left the bishops free to act as prudence requires.