Nimiam licentiam

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Nimiam licentiam ("excessive granting of permits") is the name of an encyclical . This apostolic letter in the form of an exhortation was issued on May 18, 1743 by Pope Benedict XIV to the bishops of the Kingdom of Poland .

background

Beginning in 1741, Polish consistory increasingly declared marriages null and void upon application . The Pope had already addressed this excessive practice in several letters and letters - on April 11, 1741, August 26, 1741 and November 3, 1741 - to the clerics of Poland and admonished them to refrain from doing this, as it was the teaching of the Church and contradict canon law .

Exhortation

The Pope urgently admonishes and instructs the archbishops and bishops and calls on them to stop these “bad customs”. To this end, he refers to the relevant provisions and decrees of the Council of Trent . He demands a written list of all qualified judges at the consistory and the removal of those prone to abuse judges who have slipped into "excessive licentiousness". There were also improper interpretations of the exemption clauses, and the payment of sums of money would induce church judges to act arbitrarily.

Improper application of church regulations

Benedict XIV explains that certain forms and regulations are not adhered to in church marriage. In the days of the announcement of the written banns , compliance with deadlines and the appearance of the bride and groom to the contingent order would have no urgent reason omitted. These omissions later led to marriages being declared invalid on formal legal grounds.

Arrangements

The Pope again points to the observance of canon law. He threatens any judge at the consistory who continues to declare marriages null and void without complying with the regulations with excommunication . He also urges the priests to examine the desire of the bride and groom to enter into marriage. The local pastor is also responsible for recognizing obstacles to marriage in good time and obtaining any necessary dispensations . The diocesan bishops are instructed to carefully examine requests for dispensation and to question the pastor as a witness. From now on, all judicial decisions would have to be certified by a notary and reported by a person authorized to seal .

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