Fenwick asked if Catholics who, in order to escape the publications of the banns, attempt marriage before a magistrate or Protestant minister must contract marriage before a Catholic pastor and renew their consent. This question was laid before Pope Leo XII by Caprano in an audience of May 4, 1828. The pope ordered the following instruction to be sent to Fenwick. If it is evident that the decree of the Council of Trent, 24 Session, Chapter 1 de Ref. Matrimonii, has been published or observed as such in the diocese there is no doubt about the nullity of such marriages because of the diriment impediment of clandestinity. If it is not evident that the decree was published or observed in the diocese, the Bishop must make an investigation. If he finds that the decree was promulgated or observed in the diocese he must try to bring the parties concerned to renew their consent. He should do this also if a prudent doubt remains about the matter, but in this case he should also refer the matter to the Holy See to find out if the decree should be published. But if he finds that the decree was not published nor observed as such, according to the Decree of Sept. 26, 1690 which publication where it is observed, then the instruction of the Sacred Congregation of the Inquisition of 1780 must be observed, that in regions where the decree has not been promulgated or observed such clandestine marriages are to be regarded as valid. This rule says that to avoid the lowering of marriage the couples, so married, are to be urged to receive the priestly blessing on their marriage, but with the understanding that the marriage is valid and that the consent need not be renewed. The decree is given without charge. In the Detroit Papers. :: III-2-g D.S. Latin 2pp. 8vo.