Appendix

1542. I. - 1. The obligation of inquiring into impediments is clear both from the very nature of the matter, or of the Sacrament (n. 1228. II. I said: 1°), and from the Roman Ritual.¹

2. The time, from the Roman Ritual, is that very time at which the Pastor is admonished concerning some Matrimony to be contracted in his parish. Therefore at least before he proceeds to the proclamations.²

3. The following mode, or one similar, is to be used, Benedict XIV³ admonishing. Witnesses having been removed, let the priest strive to explore carefully, and, as it is said, at the ear, both the betrothed man and the betrothed woman separately concerning the impediments which perhaps can be present; and let him especially press those things which, according to his own knowledge of the betrothed persons, he can prudently suspect to be present. First, let him inquire whether those about to marry have already given faith to another; whether thence an impediment of public honesty has not occurred; whether some impediment of cognation or affinity does not intervene? Likewise with due prudence and modest words let him advert to the impediment of affinity from illicit copula (but concerning this rather in the preparatory Confession), and, if one party has already been married, to the impediment of bond, crime, etc. - Then, if it can conveniently be done, let him also call witnesses, or relatives, or others well known to the betrothed persons, and similarly ask of them whether they have knowledge of some impediment intervening between the betrothed persons.

Note. - Prudence also demands that the Pastor inquire whether those things have been observed which are established by the civil law of the State in which Matrimony is contracted.

Notes near n. 1543, instruction of the contracting parties (printed p. 230).

1 Feije, de Imp. n. 276, 277. | 2 L. VI. 54. Cf. Vind. Ed. 2a. T. II. 607. CLVII. | 3 Feije, de Imp. n. 277. | 4 De Matr. § 69. III. p. 264. 2).

1543. II. - 1. The obligation of instructing those about to marry before the proclamations in Christian doctrine: a) does not press in the case in which those about to marry are sufficiently instructed; b) as regards the rest, it presses, even by divine law, concerning those things which must necessarily be known by necessity either of means or of precept. For Matrimony is a Sacrament of the living; therefore no one can, without grave sacrilege, celebrate it in the state of mortal sin, nor can a Pastor licitly assist at the same Matrimony; but he who is ignorant of those necessary things, so long as he does not learn them when he can, remains in the state of mortal sin.¹ - I said: when he can; for, as Benedict XIV² remarks, those who are of dull mind, so that they do not admit of fuller Catechesis, should be taught at least the principal heads of faith. - But as regards those who lack knowledge of those things which are necessary by necessity of precept, the things which we said n. 261 can sometimes be used, especially among us. For, as Kenrick³ rightly observes, "since there is so great an ease of entering Matrimony before a heretical minister or magistrate, it is generally not expedient to repel them, although every effort must be applied that they be instructed as much as possible." I add that it is necessary that for the present they know, or be taught, those things which they ought to know in order that they may validly and licitly receive the Sacraments which they are to receive here and now. Cf. n. 260. 4).⁴

2. In the instruction of those about to marry, especially in these Provinces, the things on which one must especially insist are nearly the following.

The indissolubility of the matrimonial bond, - the right mode of baptizing offspring or a fetus in necessity, - the calling of a truly Catholic midwife, if she can be had, in childbirth, - the timely Baptism of offspring, - a nurse, if one is to be used, endowed with good morals, - the timely instruction of offspring in those things which must be known by necessity either of means or of precept, - the dangers of public schools, and how much it matters that, when they change residences, they prefer those places where a Catholic school can be approached, - the evils which are accustomed to follow from intemperance and frequenting taverns, - the horror with which secret societies are to be fled, - the obligation of contributing according to one's means to the support of Religion.

Besides these things, which are more proper to our regions, these things must be inculcated: - due preparation for the Sacrament through sincere Confession, and, if it can be obtained, a general one, the betrothed persons having been taught that those things which perhaps have been committed by them against chastity are equally sinful as if they had been perpetrated among persons not betrothed, and they having been admonished concerning avoiding suspected or solitary conversation both between themselves and with others, and cohabitation before Matrimony having been most severely interdicted, - the use of Matrimony commanded and licit, - concerning what things one must beware in time of pregnancy, - the danger of suffocation of offspring if, before the first year of age has been completed, it sleeps in the same bed with the mother, - the danger of perversion of children in the case in which they are not corrected when they transgress against modesty, even lightly, - the danger of the same perversion when those seven years old, or often even six years old, sleep in the same bed with parents or with children of the other sex, - caution to be applied when necessity compels that they sleep in the same room with the parents, - the obligation of going before one another and the offspring with good example, - mutual love and fidelity of the spouses, and the things contrary to these.

Nevertheless not all are to be taught all things, nor all in the same way; for the uneducated are to be instructed one way, but the cultivated another; the more honorable one way, the common people another.

Nor all things at the same time. For although instruction is not to be deferred to the day which immediately precedes Matrimony, nevertheless those things which pertain to the commanded and licit use of Matrimony must almost necessarily be remitted to that Confession which immediately precedes Matrimony. But the things which regard the choice of a truly Catholic midwife and of a good nurse, and also the danger of suffocating offspring, generally, and unless there is fear lest the occasion otherwise slip away, are more prudently deferred to the last months of pregnancy. Finally the dangers which threaten the offspring from modesty not very well observed, or from the same bed or room with parents or with children of diverse sex, generally can be relegated to that age of the children at which the danger is accustomed to arise.

The mode by which they are to be taught the commanded and licit use of Matrimony ought to be various according to the various condition of those about to marry. For if they have been of a freer life, that instruction can be somewhat more open, but always honorable, in words of this kind, e.g.: "In those things which pertain to receiving offspring, the consort is to be obeyed, and all things which conduce to this are lawful. If any doubts afterwards arise for you, disclose them candidly to the confessor; but meanwhile" (if there is question of instructing the betrothed woman) "obey your husband, as Superior, unless you clearly understand that something evil is being prescribed to you or demanded of you." - To betrothed persons who were not of a freer life, the same things can be said; but in place of the words: to receiving offspring, these are rather to be used: to the end of Matrimony; and in place of: to this, let it be said: to this end.

Notes near n. 1544, premitted Confession and Communion before Matrimony (printed p. 231).

1 Apud Heiss. de Matr. § 73. | 2 Heiss, de Matr. § 69. V. | 3 Past.-Bl. für N. Amer. 12th Jahrg. S. 140.

1544. III. "It must also be striven for, and the Council of Trent earnestly exhorts, that those about to marry, before the celebration of Matrimony, and that not immediately but at least three days before" (its consummation) "approach the Sacraments of Penance and Eucharist. In many diocesan statutes there is also found either a counsel or a precept concerning this matter. That also is an excellent means of opportunely detecting an impediment, especially an occult one" (see above n. 1542 under 3), "or a circumstance to be expressed in the petition for obtaining dispensation, and of preventing grave inconveniences otherwise going to arise."

"If either party refuses to approach the Sacrament of Penance, the pastor will labor that he change his mind; but if he profits nothing, he will exhort that party at least to elicit contrition for sins before the celebration of Matrimony. But if each party refuses to approach the Sacrament of Penance, and the pastor does not profit by his admonitions, the judgment of the Ordinary must be invoked in places where Confession is prescribed; but outside this case the pastor will assist."¹

But if there is question of public sinners, the Pastor will be able to assist at their Matrimony "to avoid death, or other graver evils of the community, or of the contracting parties themselves, for example lest they themselves persevere in sin."² Therefore generally in this case assistance is to be denied, and it "will always be denied ... if each party openly refuses to confess in contempt of Religion or the Church, or if the very celebration of Matrimony of this kind is going to be a true scandal."³ Kenrick also excuses the assistance of the Pastor if there is reason to fear that those about to marry approach magistrates or heretical ministers; which opinion seems deservedly less probable to the illustrious Heiss,⁴ at least (I add) if there is question of places where the impediment of clandestinity does not have force.

In the case in which there were question of those who have notoriously incurred ecclesiastical censures, apply what was said n. 1231. q. 4°. But if there is speech concerning these, the celebration of Mass must always be excluded, as the Sacred Penitentiary adds in the Response which is related in the cited n. 1231; and, on account of parity of reason, it seems to me that the same must be applied also to the case of public sinners, although they have not notoriously incurred censures.

I said: that Confession be made advisedly at least three days before Matrimony, etc.; and this not only that impediments, especially occult ones, may be opportunely detected, but also that the contracting parties, who up to this point were living in the state of sin, not rarely as in quasi-concubinage, may more securely be disposed to receive the Sacraments worthily and fruitfully. Hence several advise that already before the first promulgation of the banns the contracting parties be induced (for the first time) to Confession, and indeed, if it can be done, to a general Confession, to be made either in the place of the contract, or elsewhere; and then again on the day before the celebration of Matrimony, on which occasion the altogether necessary instruction concerning the licit and due use of Matrimony can suitably be handed down. Holy Communion, if it is received, according to the Rubrics of the Missal (in the Mass for spouses, where it is read, "after the priest has received the Blood, let him communicate the spouses") ought to be received on the nuptial day itself, and this, if the nuptials are solemnly blessed, within the Mass, and indeed, as is inferred from the Response of the Sacred Congregation of Rites, June 23, 1853, in the case of Limburg,¹ by way of the Sacrifice, namely in this way, that two small hosts be consecrated in this Mass itself for the betrothed man and the betrothed woman.² - Nevertheless Mass can be celebrated and within it the blessing given, although the spouses do not communicate within this Mass. S. C. R. March 21, 1874.³