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BANN

Volume 3 · 515 words · 1815 Edition

or Ban (from the Brit. ban, i.e. clamour), is a proclamation or public notice; any public summons or edict, whereby a thing is commanded or forbidden. It is a word ordinary among the feudists; and there is both bonus and banum, which signify two several things.—The word banns is particularly used in England in publishing matrimonial contracts; which is done in the church before marriage, to the end that if any persons can speak against the intention of the parties, either in respect of kindred, precontract, or for other just cause, they may take their exception in time before the marriage is consummated; and in the canon law, Bannae sunt proclamations sponsi et sponsae in ecclesias fieri solite. But there may be a faculty or licence for the marriage, and then this ceremony is omitted: and ministers are not to celebrate matrimony between any persons without a licence, except the banns have been first published three several times, upon pain of suspension, &c. Can. 62.

The use of matrimonial banns is said to have been first introduced in the Gallican church, though something like it obtained even in the primitive times; and it is this that Tertullian is supposed to mean by trinundina promulgatio. The council of Lateran first extended, and made the usage general. By the ordinance of Blois, no person could validly contract marriage, without a preceding proclamation of three banns; nor could any person whatever be dispensed with, ex- BANN cept for the two last. But the French themselves have abated much of this severity; and only minors are now under an absolute necessity of submitting to the formality of banns. For majors, or those of age, after publication of the first banns, the two latter are easily bought off.

BANN is also used to denote proscription or banishment for a crime proved; because anciently published by sound of trumpet; or, as Vossius thinks, because those who did not appear at the above-mentioned summons, were punished by proscription. Hence to put a prince under the bann of the empire, is to declare him divested of all his dignities. The sentence only denotes an interdict of all intercourse, and offices of humanity, with the offender; the form of which seems taken from that of the Romans, who banished persons by forbidding them the use of fire and water. Sometimes also cities are put under the imperial bann; that is, stripped of their rights and privileges.

BANN also denotes a pecuniary mulct, or penalty, laid on a delinquent for offending against a bann.

or BANNUS, a title anciently given to the governor or viceroy of Croatia, Dalmatia, and Sclavonia.

Episcopal BANN (Bannus Episcopalis), a mulct paid to the bishop by those guilty of sacrilege and other crimes.

BANN is also used for a solemn anathema, or excommunication attended with curses, &c. In this sense we read of papal banns, &c.

in military affairs, a proclamation made in the army by beat of drum, sound of trumpet, &c. requiring the strict observance of discipline, either for the declaring a new officer, or punishing an offender.