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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. [1]
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, [2] 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 considered valid. These marriages had resultant problems – questions over legitimacy of children; difficulties over inheritance, and the potential for conflict between those who considered they had a right to a voice in the matter.
It declared that while the Church has always disapproved of marriages contracted secretly, or without the consent of parents, "Tametsi" declared that clandestine contracts of marriage freely entered into are valid, unless rendered null by the non-observance of regulations made by the Church, and anathematizes those who hold the contrary as well as those who falsely assert the invalidity of a marriage contracted without parents' consent, or who affirm that parents by their approval or disapproval may affect the binding force of such contracts. [3]
Marriage contracted between baptized persons is a sacrament, even a mixed marriage between a Catholic and a non-Catholic, provided the non-Catholic has been validly baptized. [4]
The outcome of Tametsi was to establish a juridical form of marriage. To be considered valid, the marriage required the presence of the parish priest or his deputy authorised by him or the ordinary. And the presence of two or three witnesses. Banns were to be read before the marriage was to take place. For the first time, a record of marriage was to be kept.
A liturgical form for marriage was established. Couples newly married were expected to receive the priestly blessing in the church, having prepared by Confession and Communion. [5]
Dacanay identifies several problems that occurred as a result of the enactment of Tametsi.
One was that because Tametsi required the presence of the pastor or ordinary of one of the parties to the marriage according to domicile or quasi-domicile, the problem of determining domicile or quasi-domicile arose. Because the competence of the pastor was personal rather than territorial -- the pastor had jurisdiction over the marriage depending on whether one or both of the parties had domicile or quasi-domicile in his parish. [6]
Another problem was that the law was not promulgated everywhere and therefore could not be enforced uniformly. [6]
Another problem was that the law gave rise to what Dacanay calls "surprise marriage" because the involvement of the pastor was merely passive. As an example, Dacanay cites the case where the parties to the marriage would break into the priest's residence, wake him up, and express their consent to the marriage even before the priest becomes aware of what just happened. [6]
The Benedictine Privilege exempted heretics from the coverage of Tametsi when they were married among themselves or to Catholics. [6]
Tametsi was superseded in 1908 by Ne Temere , which stated that a marriage is invalid unless it is contracted before a parish priest in his own parish, [7] or before a bishop in his own diocese, or by a delegate of either; and, as in Tametsi, in the presence of at least two witnesses. Also, the marriage must be registered in the place where the contracting parties were baptised. [8]
Ne Temere also required the priest solemnizing the marriage to ask and receive the parties' consent to the marriage in the name of the Church, and not just receive the parties' consent. [7]
Another modification was that Ne Temere was promulgated everywhere. [7]
The banns of marriage, commonly known simply as the "banns" or "bans", are the public announcement in a Christian parish church, or in the town council, of an impending marriage between two specified persons. It is commonly associated with the Catholic Church, the Church of Sweden (Lutheran), the Church of England (Anglican), and with other Christian denominations whose traditions are similar. In 1983, the Catholic Church removed the requirement for banns and left it to individual national bishops' conferences to decide whether to continue the practice, but in most Catholic countries the banns are still published.
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptised." Catholic matrimonial law, based on Roman law regarding its focus on marriage as a free mutual agreement or contract, became the basis for the marriage law of all European countries, at least up to the Reformation.
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.
In Catholic canon law, affinity is an impediment to marriage of a couple due to the relationship which either party has as a result of a kinship relationship created by another marriage or as a result of extramarital intercourse. The relationships that give rise to the impediment have varied over time. Marriages and sexual relations between people in an affinity relationship are regarded as incest.
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases.
A defender of the bond is a Catholic Church official whose duty is to defend the marriage bond in the procedure prescribed for the hearing of matrimonial causes which involve the validity or nullity of a marriage already contracted. In current Canon Law the role is provided for in Book VII, Title 1, which deals with marriage processes.
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.
Disparity of cult, sometimes called disparity of worship, is a diriment impediment in Roman Catholic canon law: a reason why a marriage cannot be validly contracted without a dispensation, stemming from one person being certainly baptized, and the other certainly not baptized.
In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent. However, the children of a putative marriage are legitimate.
Approbation, in Catholic canon law, is an act by which a bishop or other legitimate superior grants to an ecclesiastic the actual exercise of his ministry.
Defect of birth was, under former Roman Catholic canon law, a canonical impediment to ordination as a result of illegitimacy. Defect of birth inhibited the exercise of the functions of orders already received. The prohibition did not touch the validity of orders, but made the reception thereof illicit.
In the canon law of the Catholic Church, the impediment of public propriety, also called public honesty or decency, is a diriment impediment to marriage, a prohibition that prevents a marriage bond from being formed. It arises from a valid betrothal between the male party to the contract and the blood relatives of the woman in the first degree, and conversely between the woman and the blood relatives of the man in the same degree. Once existing, the impediment always remains, even though the betrothal is lawfully broken.
Ligamen is, in Roman Catholic canon law, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage.
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 as defined in Catholic canon law.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
The Provincial Councils of Baltimore were councils of Roman Catholic bishops that set the pattern for Catholic organisation in the United States of America. They were seen as having a unique importance for the Church in the United States, inasmuch as the earlier ones legislated for practically the whole territory of the Republic, and furnished moreover a norm for all the later Plenary Councils of Baltimore covering the whole country. This article touches upon only those parts of the canonical legislation which may seem in any way to individualize the discipline of the Church in the United States or depict the peculiar needs and difficulties of its nascent period.
An interfaith marriage, also known as an interreligious marriage, is defined by Christian denominations as a marriage between a Christian and a non-Christian, whereas an interdenominational marriage is between members of two different Christian denominations, such as a Lutheran Christian wedding a Catholic Christian, for example.
Natural marriage is the name given in Catholic canon law to the covenant "by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and is distinguished from a sacramental or Christian marriage, in which the two parties involved are baptized.
There are seven sacraments of the Catholic Church, which according to Catholic theology were instituted by Jesus and entrusted to the Church. Sacraments are visible rites seen as signs and efficacious channels of the grace of God to all those who receive them with the proper disposition.
This article incorporates text from this source, which is in the public domain . This article incorporates text from this source, which is in the public domain . This article incorporates text from a publication now in the public domain : Herbermann, Charles, ed. (1913). "Tametsi". Catholic Encyclopedia . New York: Robert Appleton Company.
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